Text: HF00383 Text: HF00385 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 2C.1, Code 1995, is amended by adding 1 2 the following new subsections: 1 3 NEW SUBSECTION. 2A. "Elder" means an individual who is 1 4 sixty years of age or older. "Elderly" means individuals 1 5 sixty years of age or older. 1 6 NEW SUBSECTION. 3A. "Federal Act" means the Older 1 7 Americans Act of 1965, 42 U.S.C. } 3001 et seq., as amended to 1 8 and including February 1, 1986. 1 9 NEW SUBSECTION. 3B. "Long-term care facility" means a 1 10 long-term care unit of a hospital, a licensed hospice program, 1 11 a foster group home, a group living arrangement, or a facility 1 12 licensed under section 135C.1 whether the facility is public 1 13 or private. 1 14 NEW SUBSECTION. 6. "Resident's advocate program" means 1 15 the state long-term care resident's advocate program 1 16 established by the office of the citizens' aide and 1 17 administered by the long-term care resident's advocate. 1 18 Sec. 2. Section 2C.6, Code 1995, is amended to read as 1 19 follows: 1 20 2C.6 DEPUTY &endash; ASSISTANT FOR PENAL AGENCIES &endash; LONG-TERM 1 21 CARE RESIDENT'S ADVOCATE. 1 22 The citizens' aide shall designate one of the members of 1 23 the staff as the deputy citizens' aide, with authority to act 1 24 as citizens' aide when the citizens' aide is absent from the 1 25 state or becomes disabled. The citizens' aide may delegate to 1 26 members of the staff any of the citizens' aide's authority or 1 27 duties except the duty of formally making recommendations to 1 28 agencies or reports to the governor or the general assembly. 1 29 The citizens' aide shall appoint an assistant who shall be 1 30 primarily responsible for investigating complaints relating to 1 31 penal or correctional agencies. The citizens' aide shall 1 32 appoint a long-term care resident's advocate who shall be 1 33 responsible for administration of the long-term care 1 34 resident's advocate program established in subchapter II. 1 35 Sec. 3. Section 2C.8, Code 1995, is amended to read as 2 1 follows: 2 2 2C.8 CLOSED FILES. 2 3 The citizens' aide may maintain secrecy in respect to all 2 4 matters including the identities of the complainants or 2 5 witnesses coming before the citizens' aide, except that the 2 6 general assembly, any standing committee of the general 2 7 assembly or the governor may require disclosure of any matter 2 8 and shall have complete access to the records and files of the 2 9 citizens' aide. Records and files maintained for the purposes 2 10 of the long-term care resident's advocate program, however, 2 11 shall be accessible to the extent provided in subchapter II. 2 12 The citizens' aide may conduct private hearings. 2 13 SUBCHAPTER 2 2 14 Sec. 4. NEW SECTION. 2C.24 PURPOSE. 2 15 The purpose of this subchapter is to establish the long- 2 16 term care resident's advocate program operated by the office 2 17 of the citizens' aide in accordance with the requirements of 2 18 the Older Americans Act of 1965, and to adopt the supporting 2 19 federal regulations and guidelines for its implementation. 2 20 Notwithstanding section 2C.9, subsection 5, the office of the 2 21 citizens' aide shall adopt rules in accordance with chapter 2 22 17A to administer this subchapter. This requirement to adopt 2 23 rules for the administration of this subchapter does not 2 24 affect the exemption in section 2C.9, subsection 5, with 2 25 regard to rules for the administration of subchapter 1. 2 26 Sec. 5. NEW SECTION. 2C.25 LONG-TERM CARE RESIDENT'S 2 27 ADVOCATE &endash; DUTIES. 2 28 The office of the citizens' aide, in accordance with 2 29 section 3027(a)(12) of the federal Act, shall establish the 2 30 office of long-term care resident's advocate within the 2 31 office. The long-term care resident's advocate shall do all 2 32 of the following: 2 33 1. Investigate and resolve complaints about administrative 2 34 actions that may adversely affect the health, safety, welfare, 2 35 or rights of elderly in long-term care facilities. 3 1 2. Monitor the development and implementation of federal, 3 2 state, and local laws, regulations, and policies that relate 3 3 to long-term care facilities in Iowa. 3 4 3. Provide information to other agencies and to the public 3 5 about the problems of elderly in long-term care facilities. 3 6 4. Train volunteers and assist in the development of 3 7 citizens' organizations to participate in the long-term care 3 8 resident's advocate program. 3 9 5. Carry out other activities consistent with the 3 10 resident's advocate provisions of the federal Act. 3 11 6. Administer the care review committee program. 3 12 7. Report annually to the general assembly on the 3 13 activities of the resident's advocate office. 3 14 The resident's advocate shall have access to long-term care 3 15 facilities, private access to residents, access to residents' 3 16 personal and medical records, and access to other records 3 17 maintained by the facilities or governmental agencies 3 18 pertaining only to the person on whose behalf a complaint is 3 19 being investigated. 3 20 Sec. 6. NEW SECTION. 2C.26 AUTHORITY AND 3 21 RESPONSIBILITIES OF THE OFFICE OF THE CITIZENS' AIDE. 3 22 To ensure compliance with the federal Act the office of the 3 23 citizens' aide shall establish all of the following: 3 24 1. Procedures to protect the confidentiality of a 3 25 resident's records and files. 3 26 2. A statewide uniform reporting system. 3 27 3. Procedures to enable the long-term care resident's 3 28 advocate to elicit, receive, and process complaints regarding 3 29 administrative actions which may adversely affect the health, 3 30 safety, welfare, or rights of elderly in long-term care 3 31 facilities. 3 32 Sec. 7. NEW SECTION. 2C.27 CARE REVIEW COMMITTEE &endash; 3 33 DUTIES &endash; DISCLOSURE &endash; LIABILITY. 3 34 1. The care review committee program is administered by 3 35 the long-term care resident's advocate program. 4 1 2. The responsibilities of the care review committee are 4 2 in accordance with the rules adopted by the office of the 4 3 citizens' aide pursuant to chapter 17A. When adopting the 4 4 rules, the office of the citizens' aide shall consider the 4 5 needs of residents of each category of licensed health care 4 6 facility as defined in section 135C.1, and the services each 4 7 facility may render. The office of the citizens' aide shall 4 8 coordinate the development of rules with the mental health and 4 9 developmental disabilities commission created in section 4 10 225C.5 to the extent the rules would apply to a facility 4 11 primarily serving persons with mental illness, mental 4 12 retardation, or a developmental disability. The office of the 4 13 citizens' aide shall coordinate the development of appropriate 4 14 rules with other state agencies. 4 15 3. A health care facility shall disclose the names, 4 16 addresses, and phone numbers of a resident's family members, 4 17 if requested, to a care review committee member, unless 4 18 permission for this disclosure is refused in writing by a 4 19 family member. 4 20 4. Neither the state nor any care review committee member 4 21 is liable for an action undertaken by a care review committee 4 22 member in the performance of duty, if the action is undertaken 4 23 and carried out in good faith. 4 24 Sec. 8. Section 135C.25, subsection 2, Code 1995, is 4 25 amended to read as follows: 4 26 2. Each care review committee shall periodically review 4 27 the needs of each individual resident of the facility and 4 28 shall perform the functions pursuant to sections 2C.27 and 4 29 135C.38and 231.44. 4 30 Sec. 9. Section 135C.37, Code 1995, is amended to read as 4 31 follows: 4 32 135C.37 COMPLAINTS ALLEGING VIOLATIONS &endash; CONFIDENTIALITY. 4 33 A person may request an inspection of a health care 4 34 facility by filing with the department, care review committee 4 35 of the facility, or the long-term care resident's advocate as 5 1definedestablished in section231.4, subsection 162C.24, a 5 2 complaint of an alleged violation of applicable requirements 5 3 of this chapter or the rules adopted pursuant to this chapter. 5 4 A person alleging abuse or neglect of a resident with a 5 5 developmental disability or with mental illness may also file 5 6 a complaint with the protection and advocacy agency designated 5 7 pursuant to section 135B.9 or section 135C.2. A copy of a 5 8 complaint filed with the care review committee or the long- 5 9 term care resident's advocate shall be forwarded to the 5 10 department and the office of the citizens' aide established in 5 11 section 2C.2. The complaint shall state in a reasonably 5 12 specific manner the basis of the complaint, and a statement of 5 13 the nature of the complaint shall be delivered to the facility 5 14 involved at the time of the inspection. The name of the 5 15 person who files a complaint with the department, care review 5 16 committee, or the long-term care resident's advocate shall be 5 17 kept confidential and shall not be subject to discovery, 5 18 subpoena, or other means of legal compulsion for its release 5 19 to a person other than department employees involved in the 5 20 investigation of the complaint. 5 21 Sec. 10. Section 135C.38, subsection 2, paragraph d, Code 5 22 1995, is amended to read as follows: 5 23 d. A person who is dissatisfied with any aspect of the 5 24 department's handling of the complaint may contact the long- 5 25 term care resident's advocate, established pursuant to section 5 26231.422C.24, or may contact the protection and advocacy 5 27 agency designated pursuant to section 135C.2 if the complaint 5 28 relates to a resident with a developmental disability or a 5 29 mental illness. 5 30 Sec. 11. Section 231.4, subsection 16, Code 1995, is 5 31 amended by striking the subsection. 5 32 Sec. 12. Section 231.14, unnumbered paragraph 1, Code 5 33 1995, is amended to read as follows: 5 34 The commission is the policymaking body of thesolestate 5 35 agency responsible for administration of the Older Americans 6 1 Act of 1965, as amended with the exception of the long-term 6 2 care resident's advocate program established in section 2C.24. 6 3 The commission shall: 6 4 Sec. 13. Section 231.33, subsections 18 and 21, Code 1995, 6 5 are amended to read as follows: 6 6 18. Coordinate activities in support of the statewide 6 7 long-term care resident's advocate program established in 6 8 section 2C.24. 6 9 21. Submit a report to thedepartment of elder affairs6 10 office of the citizens' aide every six months, of the name of 6 11 each health care facility in its area for which the care 6 12 review committee has failed to submit the report required by 6 13 rules adopted pursuant to section231.442C.27. 6 14 Sec. 14. Section 231A.2, subsection 1, paragraph b, Code 6 15 1995, is amended to read as follows: 6 16 b. The responsible party shall comply with visitation and 6 17 assessment requirements as determined by the office of the 6 18 citizens' aide in cooperation with the department. 6 19 Sec. 15. Section 231A.2, subsection 8, Code 1995, is 6 20 amended to read as follows: 6 21 8. The office of the citizens' aide in cooperation with 6 22 the commission shall adopt by rule procedures for appointing 6 23 members of a care review committee for each elder family home. 6 24 To the maximum extent possible, the care review committee 6 25 appointed for an elder family home shall include a person 6 26 involved in a local retired senior volunteer program. The 6 27 rules shall incorporate the provisions, if applicable, for 6 28 care review committees pursuant to sections 2C.27, 135C.25, 6 29 and 135C.38, and 231.44. 6 30 Sec. 16. Section 231B.2, subsection 2, paragraph g, Code 6 31 1995, is amended to read as follows: 6 32 g. The office of the citizens' aide in cooperation with 6 33 the commission of elder affairs shall adopt by rule procedures 6 34 for appointing members of care review committees for elder 6 35 group homes. 7 1 Sec. 17. Sections 231.41 through 231.44, Code 1995, are 7 2 repealed. 7 3 Sec. 18. MISCELLANEOUS PROVISIONS. 7 4 1. All rules, regulations, forms, orders, and directives 7 5 in effect for the long-term care resident's advocate program 7 6 on the effective date of this Act shall continue in full force 7 7 and effect as rules, regulations, and forms, of the department 7 8 of elder affairs until amended, repealed, or supplemented by 7 9 affirmative action of the office of the citizens' aide. 7 10 2. On the effective date of this Act, the director of 7 11 revenue and finance shall allocate to the office of the 7 12 citizens' aid any funds appropriated to the department of 7 13 elder affairs for the long-term care resident's advocate 7 14 program and the department of elder affairs shall take all 7 15 actions necessary to transfer administration and control of 7 16 the long-term care resident's advocate program to the office 7 17 of the citizens' aide, including, but not limited to, the 7 18 assignment of contracts, the reassignment of personnel, and 7 19 transfer of records and supplies, as applicable. 7 20 Sec. 19. EFFECTIVE DATES. 7 21 1. Section 18 of this Act, being deemed of immediate 7 22 importance, takes effect upon enactment. 7 23 2. Sections 1 through 17 of this Act take effect January 7 24 1, 1996. 7 25 EXPLANATION 7 26 This bill provides for the reestablishment of the long-term 7 27 care resident's advocate program in the office of the 7 28 citizens' aide rather than in the department of elder affairs. 7 29 The bill also provides for cooperation between the department 7 30 of elder affairs and the office of the citizens' aide in 7 31 certain instances and makes conforming changes throughout the 7 32 Code. 7 33 The bill also provides for an effective date of January 1, 7 34 1996. 7 35 LSB 2201HH 76 8 1 pf/jj/8
Text: HF00383 Text: HF00385 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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