Placement in Facilities - Iowa Code 144H

Summary

HF2562 is legislation that created a new chapter of law, 144H, effective July 1, 2026.

Purpose

Establishes a legal process for transferring adult patients from one care facility to another care facility in situations when the patient is unable to consent to placement changes. This process either appoints a person authorized to consent on the patient’s behalf or allows the care facility or attending physician to petition the court to approve a transfer of care.

Questions or Notices can be Directed to:

What You Need to Know

• What Medical Doctors Need to Know about 144H-UA (167.07 KB) .pdf
• What Courts Need to Know about 144H-UA (96.2 KB) .pdf
• What Care Facilities Need to Know about 144H-UA (126.33 KB) .pdf

Who can be a Person Authorized to Consent:

• Spouse
• Parent
• Sibling
• A person chosen by a majority of the patient's family
• Close friend

The 144H Process When there is a Person Authorized to Consent to New Placement of the Patient:

• The person can approve transfer to other care facilities.
• Authorization to consent ends when transfer and applications for public assistance have been provided to the facility receiving the patient.

A Person Authorized to Consent can:

• Access health information.
• Access financial information pursuant to federal and state law.
• Assist with public assistance applications.
• Choose not to consent to patient’s change of placement.

A Person Authorized to Consent Cannot:

• Make decisions unrelated to the patient’s placement.
• Use or dispose of the patient’s funds or assets.

The 144H Process when a Person Authorized to Consent to New Placement is not Identified:

1. A physician must certify that:
   1. The patient cannot consent.
   2. No authorized representative can be located after good-faith effort.
   3. Placement at another facility is in the patient’s best interests.
2. Petition for Court Order:
   1. When there is no available person authorized to consent a care facility or attending physician may ask a court for an order approving a change to the patient’s placement. The court order may allow:
      1. Discharge of the current care facility placement and transfer of patient to a different care facility, and
      2. An attending physician or qualified facility employee to help the patient apply for health insurance or public assistance, when appropriate.

Required Notices:

144H requires notifications from the physician, care facility, and court when the process for placement changes is utilized.

What 144H does not do:

• Take precedence over valid power of attorneys, guardianships, or conservatorships.
• Give the person authorized to consent authority to use or dispose of the patient's funds or assets.
• Require a health care facility to accept a patient being discharged from a hospital.