Text: HF00490                           Text: HF00492
Text: HF00400 - HF00499                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

House File 491

Partial Bill History

Bill Introduced: H.J. 819
Complete Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 135C.2, Code 1995, is amended by adding
  1  2 the following new subsection:
  1  3    NEW SUBSECTION.  4A.  The office of the long-term care
  1  4 ombudsman created in section 231.41A, is recognized under this
  1  5 chapter as an entity legally authorized and constituted to
  1  6 ensure the implementation of the purposes of this chapter for
  1  7 populations under its authority as designated in the federal
  1  8 Older Americans Act of 1965, 42 U.S.C. } 3001 et seq., as
  1  9 amended.
  1 10    Sec. 2.  Section 135C.2, subsection 5, paragraph f, Code
  1 11 1995, is amended by adding the following new subparagraph:
  1 12    NEW SUBPARAGRAPH.  (8)  The state long-term care ombudsman.
  1 13    Sec. 3.  Section 135C.17, Code 1995, is amended to read as
  1 14 follows:
  1 15    135C.17  DUTIES OF OTHER DEPARTMENTS.
  1 16    It shall be the duty of the department of human services,
  1 17 state fire marshal, and the officers and agents of other state
  1 18 and local governmental units, and the designated protection
  1 19 and advocacy agency, and the office of the state long-term
  1 20 care ombudsman to assist the department in carrying out the
  1 21 provisions of this chapter, insofar as the functions of these
  1 22 respective offices and departments are concerned with the
  1 23 health, welfare, and safety of any resident of any health care
  1 24 facility.  It shall be the duty of the department to cooperate
  1 25 with the protection and advocacy agency by responding to all
  1 26 reasonable requests for assistance and information as required
  1 27 by federal law and this chapter.
  1 28    Sec. 4.  Section 135C.21, subsection 2, unnumbered
  1 29 paragraph 1, Code 1995, is amended to read as follows:
  1 30    Any person who prevents or interferes with or attempts to
  1 31 impede in any way any duly authorized representative of the
  1 32 department, the office of the state long-term care ombudsman,
  1 33 or of any of the agencies referred to in section 135C.17 in
  1 34 the lawful enforcement of this chapter or of the rules adopted
  1 35 pursuant to it is guilty of a simple misdemeanor.  As used in
  2  1 this subsection, lawful enforcement includes but is not
  2  2 limited to:
  2  3    Sec. 5.  Section 135C.37, Code 1995, is amended to read as
  2  4 follows:
  2  5    135C.37  COMPLAINTS ALLEGING VIOLATIONS &endash; CONFIDENTIALITY.
  2  6    A person may request an inspection of a health care
  2  7 facility by filing with the department, care review committee
  2  8 of the facility, or the office of the state long-term care
  2  9 resident's advocate ombudsman as defined in section 231.4,
  2 10 subsection 16, a complaint of an alleged violation of
  2 11 applicable requirements of this chapter or the rules adopted
  2 12 pursuant to this chapter.  A person alleging abuse or neglect
  2 13 of a resident with a developmental disability or with mental
  2 14 illness may also file a complaint with the protection and
  2 15 advocacy agency designated pursuant to section 135B.9 or
  2 16 section 135C.2.  A copy of a complaint filed with the care
  2 17 review committee or the office of the state long-term care
  2 18 resident's advocate ombudsman shall be forwarded to the
  2 19 department.  The complaint shall state in a reasonably
  2 20 specific manner the basis of the complaint, and a statement of
  2 21 the nature of the complaint shall be delivered to the facility
  2 22 involved at the time of the inspection.  The name of the
  2 23 person who files a complaint with the department, care review
  2 24 committee, or the office of the state long-term care
  2 25 resident's advocate ombudsman shall be kept confidential and
  2 26 shall not be subject to discovery, subpoena, or other means of
  2 27 legal compulsion for its release to a person other than
  2 28 department employees involved in the investigation of the
  2 29 complaint.
  2 30    Sec. 6.  Section 135C.38, subsection 1, paragraphs a and c,
  2 31 Code 1995, are amended to read as follows:
  2 32    a.  Upon receipt of a complaint made in accordance with
  2 33 section 135C.37, the department, the office of the long-term
  2 34 care ombudsman, or care review committee shall make a
  2 35 preliminary review of the complaint.  Unless the department,
  3  1 office, or committee concludes that the complaint is intended
  3  2 to harass a facility or a licensee or is without reasonable
  3  3 basis, it shall within twenty working days of receipt of the
  3  4 complaint make or cause to be made an on-site inspection of
  3  5 the health care facility which is the subject of the
  3  6 complaint.
  3  7    c.  The department may refer to the office of the state
  3  8 long-term care ombudsman or care review committee of a
  3  9 facility any complaint received by the department regarding
  3 10 that facility, for initial evaluation and appropriate action
  3 11 by the office or committee.
  3 12    Sec. 7.  Section 135C.38, subsection 2, paragraphs a and d,
  3 13 Code 1995, are amended to read as follows:
  3 14    a.  The complainant shall be promptly informed of the
  3 15 result of any action taken by the department, office, or
  3 16 committee in the matter.  The complainant shall also be
  3 17 notified of the name, address, and telephone number of the
  3 18 office of the long-term care ombudsman and of the designated
  3 19 protection and advocacy agency if the alleged violation
  3 20 involves a facility with one or more residents with
  3 21 developmental disabilities or mental illness.
  3 22    d.  A person who is dissatisfied with any aspect of the
  3 23 department's handling of the complaint may contact the office
  3 24 of the long-term care resident's advocate ombudsman,
  3 25 established pursuant to section 231.42 231.41A, or may contact
  3 26 the protection and advocacy agency designated pursuant to
  3 27 section 135C.2 if the complaint relates to a resident with a
  3 28 developmental disability or a mental illness.
  3 29    Sec. 8.  Section 135C.39, Code 1995, is amended to read as
  3 30 follows:
  3 31    135C.39  NO ADVANCE NOTICE OF INSPECTION &endash; EXCEPTION.
  3 32    No advance Advance notice of an on-site inspection made
  3 33 pursuant to section 135C.38 shall not be given to the health
  3 34 care facility or the licensee thereof of the health care
  3 35 facility unless previously and specifically authorized in
  4  1 writing by the director or required by federal law.  The
  4  2 person in charge of the facility shall be informed of the
  4  3 substance of the complaint at the commencement of the on-site
  4  4 inspection.
  4  5    Sec. 9.  Section 135C.41, Code 1995, is amended to read as
  4  6 follows:
  4  7    135C.41  LICENSEE'S RESPONSE TO SURVEY FINDINGS OR
  4  8 CITATION.
  4  9    Within twenty business working days after service of survey
  4 10 of findings or of a citation under section 135C.40, a facility
  4 11 shall either:
  4 12    1.  If it does the facility, the state long-term care
  4 13 ombudsman, a resident, or a resident's legal representative
  4 14 does not desire to contest the survey findings or citation,
  4 15 the facility shall do one of the following:
  4 16    a.  Remit to the department the amount specified by the
  4 17 department pursuant to section 135C.36 as a penalty for each
  4 18 Class I violation cited, and for each Class II violation
  4 19 unless the citation specifically waives the penalty, which
  4 20 funds shall be paid by the department into the state treasury
  4 21 and credited to the general fund; or.
  4 22    b.  In the case of a Class II violation for which the
  4 23 penalty has been waived in accordance with the standards
  4 24 prescribed in section 135C.36, subsection 2, or a Class III
  4 25 violation, send to the department a written response
  4 26 acknowledging that the citation has been received and stating
  4 27 that the violation will be corrected within the specific
  4 28 period of time allowed by the citation; or.
  4 29    2.  Notify If a facility, the state long-term care
  4 30 ombudsman, a resident, or a resident's legal representative
  4 31 desires to contest the survey findings or citation, the person
  4 32 contesting the survey findings or citation shall notify the
  4 33 director that the facility desires of the desire to contest
  4 34 the survey findings or citation and, in the case of citations
  4 35 for Class II or Class III violations, request an informal
  5  1 conference with a representative of the department.
  5  2    Sec. 10.  Section 135C.42, Code 1995, is amended to read as
  5  3 follows:
  5  4    135C.42  INFORMAL CONFERENCE ON CONTESTED SURVEY FINDINGS
  5  5 OR CITATION.
  5  6    The director shall assign a representative of the
  5  7 department, other than the inspector upon whose inspection the
  5  8 contested survey findings or citation is based, to hold an
  5  9 informal conference with the facility requesting party within
  5 10 ten working days after receipt of a request made under section
  5 11 135C.41, subsection 2.  At the conclusion of the conference
  5 12 the representative may affirm or may modify or dismiss the
  5 13 survey findings or citation.  In the latter case, the
  5 14 representative shall state in writing the specific reasons for
  5 15 the modification or dismissal and immediately transmit copies
  5 16 of the statement to the director, and to the facility
  5 17 requesting party, and to the office of the state long-term
  5 18 care ombudsman if the office is not the requesting party.  If
  5 19 the facility requesting party does not desire to further
  5 20 contest an the affirmed or modified survey findings or
  5 21 citation, it the facility shall within five working days after
  5 22 the informal conference, or after receipt of the written
  5 23 explanation of the representative, as the case may be, comply
  5 24 with section 135C.41, subsection 1, if the matter relates to a
  5 25 citation of the facility.
  5 26    Sec. 11.  Section 135C.46, Code 1995, is amended to read as
  5 27 follows:
  5 28    135C.46  RETALIATION BY FACILITY PROHIBITED.
  5 29    1.  A facility shall not discriminate or retaliate in any
  5 30 way against a resident, a resident's representative, or an
  5 31 employee of the facility who has initiated or participated in
  5 32 any proceeding authorized by this chapter.  A facility which
  5 33 violates this section is subject to a penalty of not less than
  5 34 two hundred fifty nor more than five thousand dollars, to be
  5 35 assessed and collected by the director in substantially the
  6  1 manner prescribed by sections 135C.40 to 135C.43 and paid into
  6  2 the state treasury to be credited to the general fund, or to
  6  3 immediate revocation of the facility's license.
  6  4    2.  Any attempt to expel from a health care facility a
  6  5 resident by whom or upon whose behalf a complaint has been
  6  6 submitted to the department under section 135C.37, within
  6  7 ninety one hundred twenty days after the filing of the
  6  8 complaint or the conclusion of any proceeding resulting from
  6  9 the complaint, shall raise a rebuttable presumption that the
  6 10 action was taken by the licensee in retaliation for the filing
  6 11 of the complaint.
  6 12    Sec. 12.  Section 231.4, Code 1995, is amended by adding
  6 13 the following new subsections:
  6 14    NEW SUBSECTION.  13A.  "Local ombudsman entity" means an
  6 15 organization designated pursuant to section 231.41A to carry
  6 16 out the duties described in section 231.41A with respect to a
  6 17 planning and service area or other designated area.
  6 18    NEW SUBSECTION.  15A.  "Office" means the office of the
  6 19 state long-term care ombudsman created in section 231.41A.
  6 20    NEW SUBSECTION.  15B.  "Ombudsman" means the individual
  6 21 appointed pursuant to section 231.41A to administer the office
  6 22 of the state long-term care ombudsman.
  6 23    NEW SUBSECTION.  15C.  "Program" means the state long-term
  6 24 care ombudsman program created in section 231.41A and
  6 25 administered by the ombudsman.
  6 26    NEW SUBSECTION.  15D.  "Representative" means an employee
  6 27 or volunteer who represents a local ombudsman entity and who
  6 28 is individually designated by the ombudsman.
  6 29    NEW SUBSECTION.  15E.  "Resident" means an individual who
  6 30 resides in a long-term care facility.
  6 31    Sec. 13.  Section 231.4, subsection 16, Code 1995, is
  6 32 amended by striking the subsection.
  6 33    Sec. 14.  Section 231.33, subsection 18, Code 1995, is
  6 34 amended to read as follows:
  6 35    18.  Coordinate activities in support of the statewide
  7  1 state long-term care resident's advocate ombudsman program.
  7  2    Sec. 15.  NEW SECTION.  231.41A  LONG-TERM CARE OMBUDSMAN
  7  3 PROGRAM &endash; ESTABLISHED.
  7  4    1.  The department shall establish the office of the state
  7  5 long-term care ombudsman.
  7  6    2.  The office shall be administered by an individual,
  7  7 known as the state long-term care ombudsman, who shall be
  7  8 selected from among individuals with expertise and experience
  7  9 in the fields of long-term care and advocacy.
  7 10    3.  The ombudsman shall serve on a full-time basis and
  7 11 shall personally or through representatives of the office do
  7 12 all of the following:
  7 13    a.  Identify, investigate, and resolve complaints that are
  7 14 made by or on behalf of residents and relate to action,
  7 15 inaction, or decisions that may adversely affect the health,
  7 16 safety, welfare, or rights of the residents, including but not
  7 17 limited to the welfare and rights of the residents with
  7 18 respect to the appointment and activities of guardians,
  7 19 conservators, or representative payees of providers or
  7 20 representatives of providers of long-term care services,
  7 21 public agencies, or persons who contract with public agencies,
  7 22 or health and social service agencies.
  7 23    b.  Provide services to assist residents in protecting the
  7 24 health, safety, welfare, and rights of the residents.
  7 25    c.  Inform the residents of the means of obtaining services
  7 26 provided by providers or agencies described in paragraph "a"
  7 27 or "b".
  7 28    d.  Ensure that the residents have regular and timely
  7 29 access to the services provided through the office and that
  7 30 the residents and complainants receive timely responses from
  7 31 representatives of the office to complaints.
  7 32    e.  Represent the interests of the residents before
  7 33 governmental agencies and seek administrative, legal, and
  7 34 other remedies to protect the health, safety, welfare, and
  7 35 rights of the residents.
  8  1    f.  Provide administrative and technical assistance to
  8  2 local ombudsman entities to assist the entities in
  8  3 participating in the program.
  8  4    g.  Analyze, comment on, and monitor the development and
  8  5 implementation of federal, state, and local laws, regulations,
  8  6 rules, and other governmental policies and actions that
  8  7 pertain to the health, safety, welfare, and rights of the
  8  8 residents with respect to the adequacy of long-term care
  8  9 facilities and services in the state and do all of the
  8 10 following:
  8 11    (1)  Recommend any changes in the laws, regulations, rules,
  8 12 policies, and actions as the office determines appropriate.
  8 13    (2)  Facilitate public comment on the laws, regulations,
  8 14 rules, policies, and actions.
  8 15    h.  Provide for training of the representatives of the
  8 16 office including all of the following:
  8 17    (1)  Promote the development of citizen organizations, to
  8 18 participate in the program.
  8 19    (2)  Provide technical support for the development of
  8 20 resident and family councils to protect the well-being and
  8 21 rights of residents.
  8 22    i.  Administer the care review committee program.
  8 23    4.  a.  Except as provided in paragraph "b", the department
  8 24 may establish and operate the office and carry out the program
  8 25 directly or by contract or other arrangement with any public
  8 26 agency or nonprofit private organization.
  8 27    b.  The department shall not enter into the contract or
  8 28 other arrangement described in paragraph "a" with any of the
  8 29 following:
  8 30    (1)  An agency or organization that is responsible for
  8 31 licensing or certifying long-term care services in the state.
  8 32    (2)  An association of an affiliate or an association of
  8 33 long-term care facilities, or of any other residential
  8 34 facilities for use by elders.
  8 35    5.  a.  In carrying out the duties of the office, the
  9  1 ombudsman may designate an entity as a local ombudsman entity,
  9  2 and may designate a representative of the entity.
  9  3    b.  A local ombudsman entity shall in accordance with the
  9  4 policies and procedures adopted by the department for the
  9  5 ombudsman do all of the following:
  9  6    (1)  Provide services to protect the health, safety,
  9  7 welfare, and rights of the residents.
  9  8    (2)  Ensure that residents in the service area of the
  9  9 entity have regular, timely access to representatives of the
  9 10 program and timely responses to complaints and requests for
  9 11 assistance.
  9 12    (3)  Identify, investigate, and resolve complaints made by
  9 13 or on behalf of residents that relate to action, inaction, or
  9 14 decisions that may adversely affect the health, safety,
  9 15 welfare, or rights of the residents.
  9 16    (4)  Represent the interests of residents before government
  9 17 agencies and seek administrative, legal, and other remedies to
  9 18 protect the health, safety, welfare, and rights of the
  9 19 residents.
  9 20    (5)  Review and, if necessary, comment on any existing and
  9 21 proposed laws, regulations, rules, and any other governmental
  9 22 policy or action that pertain to the rights and well-being of
  9 23 a resident and do all of the following:
  9 24    (a)  Facilitate the ability of the public to comment on the
  9 25 laws, regulations, rules, policies, and actions.
  9 26    (b)  Support the development of resident and family
  9 27 councils.
  9 28    (c)  Carry out other activities which the ombudsman
  9 29 determines to be appropriate.
  9 30    c.  Local ombudsman entities and individuals eligible to be
  9 31 representatives of local ombudsman entities shall do all of
  9 32 the following:
  9 33    (1)  Have a demonstrated capability to carry out the duties
  9 34 of the office.
  9 35    (2)  Be free of conflicts of interest.
 10  1    (3)  Meet additional requirements as the ombudsman
 10  2 specifies.
 10  3    d.  (1)  The department shall establish, in cooperation
 10  4 with the office, policies and procedures for the monitoring of
 10  5 local ombudsman entities.
 10  6    (2)  If the local ombudsman entity is a grantee or the
 10  7 representative is an employee of an area agency on aging, the
 10  8 department shall develop the policies in consultation with the
 10  9 area agencies on aging.  The policies shall provide for
 10 10 participation and comment by the agencies and for resolution
 10 11 of concerns with respect to case activity.
 10 12    (3)  The department shall develop the policies and
 10 13 procedures in accordance with all provisions of this chapter
 10 14 regarding confidentiality and conflict of interest.
 10 15    e.  Representatives of the office shall be provided with
 10 16 all of the following:
 10 17    (1)  Access to long-term care facilities and residents.
 10 18    (2)  Appropriate access to review the medical and social
 10 19 records of a resident if any of the following applies:
 10 20    (a)  The representative has the permission of the resident,
 10 21 or the legal representative of the resident.
 10 22    (b)  The resident is unable to consent to the review and
 10 23 has no legal representative.
 10 24    (3)  Access to the medical and social records of the
 10 25 resident as is necessary to investigate a complaint if all of
 10 26 the following applies:
 10 27    (a)  A legal representative of the resident refuses to
 10 28 provide permission for access.
 10 29    (b)  A representative of the office has reasonable cause to
 10 30 believe that the legal representative is not acting in the
 10 31 best interest of the resident.
 10 32    (c)  The representative obtains prior approval of the
 10 33 ombudsman.
 10 34    (4)  Access to the administrative records, policies, and
 10 35 documents to which the residents have or the general public
 11  1 has access to long-term care facilities.
 11  2    (5)  Access to and, upon request, copies of all licensing
 11  3 and certification records maintained by the state with respect
 11  4 to a long-term care facility.
 11  5    The department shall establish procedures to ensure the
 11  6 access described under this paragraph.
 11  7    f.  The department shall establish a statewide uniform
 11  8 reporting system to do all of the following:
 11  9    (1)  Collect and analyze data relating to complaints and
 11 10 conditions in long-term care facilities and to residents for
 11 11 the purpose of identifying and resolving significant problems.
 11 12    (2)  Submit the data on a regular basis to all of the
 11 13 following:
 11 14    (a)  The department of inspections and appeals.
 11 15    (b)  Other state and federal entities that the ombudsman
 11 16 determines to be appropriate.
 11 17    (c)  The commission.
 11 18    (d)  The national ombudsman resource center established
 11 19 under the federal Act.
 11 20    g.  (1)  The department shall establish procedures for the
 11 21 disclosure by the ombudsman or local ombudsman entities of
 11 22 records maintained by the program.
 11 23    (2)  The procedures shall include all of the following:
 11 24    (a)  Provision that, subject to the exceptions provided in
 11 25 subparagraph subdivision (b), the records may be disclosed
 11 26 only at the discretion of the ombudsman or the person
 11 27 designated by the ombudsman to disclose the records.
 11 28    (b)  Prohibit the disclosure of the identity of any
 11 29 complainant or resident with respect to whom the office
 11 30 maintains the records unless one of the following applies:
 11 31    (i)  The complainant or resident, or the legal
 11 32 representative of the complainant or resident, consents to the
 11 33 disclosure and the consent is provided in writing.
 11 34    (ii)  The complainant or resident provides oral consent and
 11 35 the consent is documented contemporaneously in writing by a
 12  1 representative of the office in accordance with requirements
 12  2 as the department establishes.
 12  3    h.  In planning and operating the program, the department
 12  4 shall consider the views of area agencies on aging, elders,
 12  5 and providers of long-term care.
 12  6    i.  All of the following shall apply in determining a
 12  7 conflict of interest.
 12  8    (1)  An individual, or member of the immediate family of an
 12  9 individual, involved in the designation of the ombudsman or
 12 10 the designation of a local ombudsman entity shall be deemed to
 12 11 have a conflict of interest.
 12 12    (2)  An officer or employee of the office, representative
 12 13 of a local ombudsman entity, or member of the immediate family
 12 14 of the officer, employee, or representative shall be deemed to
 12 15 have a conflict of interest.
 12 16    (3)  All of the following apply to the ombudsman regarding
 12 17 a conflict of interest:
 12 18    (a)  The ombudsman shall not have a direct involvement in
 12 19 the licensing or certification of long-term care facilities or
 12 20 of providers of long-term care services.
 12 21    (b)  The ombudsman shall not have an ownership or
 12 22 investment interest represented by equity, debt, or other
 12 23 financial relationship in a long-term care facility or a long-
 12 24 term care service.
 12 25    (c)  The ombudsman shall not be employed by or participate
 12 26 in the management of a long-term care facility.
 12 27    (d)  The ombudsman shall not receive or have the rights to
 12 28 receive directly or indirectly remuneration in cash or in kind
 12 29 under a compensation arrangement with an owner or operator of
 12 30 a long-term care facility.
 12 31    (4)  The department shall establish, and shall specify in
 12 32 writing, mechanisms to identify and remove conflicts of
 12 33 interest referred to in this paragraph "i" and to identify and
 12 34 eliminate the relationships described in this paragraph "i",
 12 35 including but not limited to the methods by which the
 13  1 department will examine individuals and immediate family
 13  2 members to identify the conflicts and the actions that the
 13  3 department will require the individuals and family members to
 13  4 take to remove the conflict of interest.
 13  5    j.  The department shall ensure all of the following:
 13  6    (1)  That adequate legal counsel is available and is able
 13  7 without conflict of interest to provide advice and
 13  8 consultation necessary to protect the health, safety, welfare,
 13  9 and rights of residents and to assist the ombudsman and
 13 10 representatives of the office in the performance of the
 13 11 official duties of the ombudsman and the representatives.
 13 12    (2)  That legal representation is provided to any
 13 13 representative of the office against whom suit or other legal
 13 14 action is brought or threatened to be brought in connection
 13 15 with the performance of the official duties of the ombudsman
 13 16 or representative.
 13 17    (3)  That the office pursues administrative, legal, and
 13 18 other appropriate remedies on behalf of residents.
 13 19    k.  The ombudsman shall do all of the following:
 13 20    (1)  Prepare an annual report which includes all of the
 13 21 following:
 13 22    (a)  A description of the activities carried out by the
 13 23 office in the year for which the report is prepared.
 13 24    (b)  Information and an analysis of the information
 13 25 collected under the uniform reporting system.
 13 26    (c)  An evaluation of the problems experienced by and the
 13 27 complaints made by or on behalf of residents.
 13 28    (d)  Recommendations for improving the quality of care and
 13 29 lives of residents and for protecting the health, safety,
 13 30 welfare, and rights of residents.
 13 31    (e)  An analysis of the success of the program including
 13 32 success in providing services to residents of board and care
 13 33 facilities and other similar adult care facilities and
 13 34 identification of barriers that prevent the optimal operation
 13 35 of the program.
 14  1    (f)  Policy, regulatory, and legislative recommendations to
 14  2 solve identified problems, to resolve the complaints, to
 14  3 improve the quality of care and lives of residents, to remove
 14  4 barriers to the quality of care and lives of residents, and to
 14  5 protect the health, safety, welfare, and rights of residents.
 14  6    (2)  Analyze, comment on, and monitor the development and
 14  7 implementation of federal, state, and local laws, regulations,
 14  8 rules, and other government policies and actions that pertain
 14  9 to long-term care facilities and services, and to the health,
 14 10 safety, welfare, and rights of residents, in the state and
 14 11 recommend any changes in the laws, regulations, rules, and
 14 12 policies as the office determines to be appropriate.
 14 13    (3)  Provide information as the ombudsman determines to be
 14 14 necessary to public and private agencies, members of the
 14 15 general assembly, and other persons, regarding the problems
 14 16 and concerns of elderly individuals residing in long-term care
 14 17 facilities and recommendations related to the problems and
 14 18 concerns.
 14 19    (4)  Provide and make available to the public, and submit
 14 20 to the commission, the governor, the general assembly, the
 14 21 department of inspections and appeals, and other appropriate
 14 22 governmental entities, an annual report.
 14 23    (5)  Establish, review, and update procedures for the
 14 24 training of the representatives of the office, including
 14 25 unpaid volunteers, based on model standards established by the
 14 26 federal associate commissioner for ombudsman programs, in
 14 27 consultation with representatives of citizen groups, long-term
 14 28 care providers, and others that do all of the following:
 14 29    (a)  Specify a minimum number of hours of initial training.
 14 30    (b)  Specify the content of the training, including
 14 31 training relating to federal, state, and local laws,
 14 32 regulations, rules, and policies with respect to long-term
 14 33 care facilities in the state, investigative techniques, and
 14 34 other matters that the department deems appropriate.
 14 35    (c)  Specify an annual number of hours of in-service
 15  1 training for all designated representatives.
 15  2    (6)  Prohibit any representative of the office other than
 15  3 the ombudsman from carrying out any activity described in this
 15  4 section unless the representative has received the training
 15  5 required under subparagraph (5) and has been approved by the
 15  6 ombudsman as qualified to carry out the activity on behalf of
 15  7 the office.
 15  8    (7)  Coordinate ombudsman services with the protection and
 15  9 advocacy systems for individuals with developmental
 15 10 disabilities and mental illnesses established under part A of
 15 11 the federal Developmental Disabilities Assistance and Bill of
 15 12 Rights Act, 42 U.S.C. } 6001 et seq., and the federal
 15 13 Protection and Advocacy for Mentally Ill Individuals Act of
 15 14 1986, 42 U.S.C. } 10801 et seq.
 15 15    (8)  Coordinate, to the greatest extent possible, ombudsman
 15 16 services with legal assistance through adoption of memoranda
 15 17 of understanding and other means.
 15 18    (9)  Permit any local ombudsman entity to carry out the
 15 19 responsibilities described in subparagraph (1), (2), (3), (7),
 15 20 or (8).
 15 21    l.  The ombudsman and any representative of the office as
 15 22 designated in this subsection shall not be liable for an
 15 23 action undertaken by the ombudsman or representative of the
 15 24 office in the performance of duty, if the action is undertaken
 15 25 and carried out in good faith.
 15 26    m.  Willful interference with representatives of the office
 15 27 in the performance of the official duties of the
 15 28 representatives is guilty of a simple misdemeanor.
 15 29    n.  A long-term care facility shall not retaliate against a
 15 30 resident, employee, or other person for filing a complaint
 15 31 with, providing information to, or otherwise cooperating with
 15 32 a representative of the office.
 15 33    o.  The department shall adopt rules to establish
 15 34 appropriate sanctions with respect to interference or
 15 35 retaliation.
 16  1    p.  A person who interferes with or attempts to impede a
 16  2 representative of the office is guilty of a simple
 16  3 misdemeanor.
 16  4    q.  The office shall respond to complaints filed within
 16  5 twenty working days of the filing of the complaint.
 16  6    Sec. 16.  Section 231.44, subsection 1, Code 1995, is
 16  7 amended to read as follows:
 16  8    1.  The care review committee program is administered by
 16  9 the state long-term care resident's advocate ombudsman
 16 10 program.
 16 11    Sec. 17.  Section 669.2, subsection 4, Code 1995, is
 16 12 amended by adding the following new unnumbered paragraph:
 16 13    NEW UNNUMBERED PARAGRAPH.  "Employee of the state" also
 16 14 includes officers, agents, representatives, or employees of
 16 15 and persons acting on behalf of the office of the state long-
 16 16 term care ombudsman and the designated local ombudsman
 16 17 entities.
 16 18    Sec. 18.  Section 669.14, Code 1995, is amended by adding
 16 19 the following new subsection:
 16 20    NEW SUBSECTION.  14.  Any claim based upon the actions of
 16 21 the state long-term care ombudsman, representative of the
 16 22 ombudsman, or local ombudsman entity in the performance of
 16 23 duty if the action is undertaken and carried out in good
 16 24 faith.
 16 25    Sec. 19.  Sections 231.41, 231.42, and 231.43, Code 1995,
 16 26 are repealed.  
 16 27                           EXPLANATION
 16 28    This bill codifies the provisions related to the
 16 29 establishment of the long-term care ombudsman program under
 16 30 the federal Older Americans Act of 1965.  The bill provides
 16 31 specific requirements relating to the program rather than the
 16 32 currently codified general references to the requirements of
 16 33 the federal Act.  New provisions include changing the name of
 16 34 the program from the resident's advocate program to the state
 16 35 long-term care ombudsman program; specifying that the
 17  1 ombudsman is to be an individual with expertise and experience
 17  2 in the fields of long-term care and advocacy; specifying the
 17  3 duties of the ombudsman; providing for the development of
 17  4 local ombudsman entities; specifying conflict of interest
 17  5 provisions; specifying the information to be included in the
 17  6 annual report of the ombudsman; and providing immunity for
 17  7 officers, agents, representatives, or employees of and persons
 17  8 acting on behalf of the office of the state long-term care
 17  9 ombudsman and the designated local ombudsman entities for
 17 10 actions taken in good faith in performance of duty.  The bill
 17 11 also provides for amendment of the provisions of the Code
 17 12 relating to survey findings and citations relating to health
 17 13 care facilities.  The bill also makes conforming changes
 17 14 throughout the Code to reflect the new references provided in
 17 15 the bill.  
 17 16 LSB 2452HH 76
 17 17 pf/cf/24

Text: HF00490                           Text: HF00492
Text: HF00400 - HF00499                 Text: HF Index
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