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