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Text: HF00316                           Text: HF00318
Text: HF00300 - HF00399                 Text: HF Index
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House File 317

Partial Bill History

Bill Text

  1  1    Section 1.  NEW SECTION.  135C.37A  RESIDENT PROTECTION
  1  2 PROGRAM &endash; PENALTY &endash; REWARD.
  1  3    1.  The department shall establish a program to facilitate
  1  4 and encourage the reporting of violations of this chapter to
  1  5 the department.  The program shall include all of the follow-
  1  6 ing elements:
  1  7    a.  A procedure for reporting alleged violations to the
  1  8 department, the protection and advocacy agency designated
  1  9 pursuant to section 135B.9 or 135C.2, a care review committee,
  1 10 or the long-term care resident's advocate.  Complaints filed
  1 11 with a protection and advocacy agency, a care review
  1 12 committee, or the long-term care resident's advocate shall be
  1 13 forwarded to the department.
  1 14    b.  Confidentiality of a report made under this section as
  1 15 provided for a complaint filed pursuant to section 135C.37.
  1 16    c.  Inspection of a facility upon a report made under this
  1 17 section as provided for upon a complaint filed pursuant to
  1 18 section 135C.38.
  1 19    d.  Payment of a reward to the person who filed the
  1 20 complaint.  The department shall adopt rules to establish the
  1 21 amount of the reward based upon the amount of any penalty
  1 22 remitted.
  1 23    2.  Notwithstanding section 135C.36, the amount of the
  1 24 penalty for a violation under this section shall be estab-
  1 25 lished by the department by rule and shall be not less than
  1 26 four thousand nor more than thirty thousand dollars for each
  1 27 violation cited.
  1 28    3.  Notwithstanding section 135C.41, moneys remitted to the
  1 29 department for payment of penalties shall be retained by the
  1 30 department and shall be used to provide for additional inspec-
  1 31 tions under this chapter.
  1 32    Sec. 2.  Section 135C.46, Code 1995, is amended by adding
  1 33 the following new subsection:
  1 34    NEW SUBSECTION.  3.  A facility shall not discriminate or
  1 35 retaliate in any way against an employee of the facility who
  2  1 has filed a report pursuant to section 135C.37A.  Any change
  2  2 in a person's employment contract including, but not limited
  2  3 to, the change in the working schedule of an employee who has
  2  4 filed a report under section 135C.37A, within six months of
  2  5 the filing of the report or the conclusion of any proceeding
  2  6 resulting from the report, shall raise a rebuttable
  2  7 presumption that the action was taken by the licensee in re-
  2  8 taliation for the filing of the complaint.  A facility which
  2  9 violates this section is subject to a penalty of not less than
  2 10 one thousand dollars to be paid to the department and retained
  2 11 for use as provided pursuant to section 135C.37A, in addition
  2 12 to the payment of any attorney fees and any other damages to
  2 13 the employee against whom the retaliation was taken.  
  2 14                           EXPLANATION
  2 15    This bill directs the department of inspections and appeals
  2 16 to establish a program to facilitate and encourage the
  2 17 reporting of violations by health care facilities of
  2 18 provisions relating to regulation of those facilities.  The
  2 19 program is to include provisions for confidentiality relating
  2 20 to reports filed and payment of a reward to a complainant upon
  2 21 finding that a violation occurred.
  2 22    The bill also provides for penalties and the use of amounts
  2 23 collected for increased inspection activity by the department.
  2 24 The bill also prohibits retaliation against a complainant who
  2 25 is employed by the facility, and provides penalties for any
  2 26 retaliation taken.  
  2 27 LSB 2412HH 76
  2 28 pf/jw/5

Text: HF00316                           Text: HF00318
Text: HF00300 - HF00399                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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