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PAG LIN
1 1 Section 1. Section 231.42, Code 1995, is amended by adding
1 2 the following new subsection before unnumbered paragraph 2:
1 3 NEW SUBSECTION. 8. Establish an area long-term care
1 4 resident's advocate in each of the area agencies on aging
1 5 throughout the state, and establish a procedure for
1 6 certification of area resident's advocates. Neither the state
1 7 nor any area long-term care resident's advocate is liable for
1 8 an action undertaken by an area resident's advocate in the
1 9 performance of duty, if the action is undertaken and carried
1 10 out in good faith. The area resident's advocates shall assist
1 11 the state long-term care resident's advocate by doing all of
1 12 the following:
1 13 a. Investigating and resolving complaints and grievances
1 14 that may affect the health, safety, welfare, or rights of
1 15 elderly residents in long-term care facilities.
1 16 b. Providing information to other agencies and to the
1 17 public about the problems of elderly in long-term care
1 18 facilities.
1 19 c. Assisting care review committees in the performance of
1 20 their duties through recruitment, training, and publicity.
1 21 d. Assisting in the development of organizations to
1 22 participate in the long-term care resident's advocate program.
1 23 Sec. 2. Section 231.42, unnumbered paragraph 2, Code 1995,
1 24 is amended to read as follows:
1 25 The resident's advocate and the area resident's advocates
1 26 shall have access to long-term care facilities, private access
1 27 to residents, access to residents' personal and medical
1 28 records, and access to other records maintained by the
1 29 facilities or governmental agencies pertaining only to the
1 30 person on whose behalf a complaint is being investigated.
1 31 Sec. 3. Section 231.43, subsection 3, Code 1995, is
1 32 amended to read as follows:
1 33 3. Procedures to enable the long-term care resident's
1 34 advocate and area resident's advocates to elicit, receive, and
1 35 process complaints regarding administrative actions which may
2 1 adversely affect the health, safety, welfare, or rights of
2 2 elderly in long-term care facilities.
2 3 Sec. 4. AREA LONG-TERM CARE RESIDENT'S ADVOCATE PROGRAM &endash;
2 4 PILOT PROJECT &endash; APPROPRIATION. There is appropriated from
2 5 the general fund of the state to the department of elder
2 6 affairs for the fiscal year beginning July 1, 1995, and ending
2 7 June 30, 1996, the following amount or so much thereof as is
2 8 necessary, to be used for the purpose designated:
2 9 For the establishment of a pilot program beginning July 1,
2 10 1995, and ending June 30, 1997, to create the position of area
2 11 long-term care resident's advocate in each of three area
2 12 agency on aging locations in the state to determine the
2 13 efficacy of establishing local advocates in all area agency on
2 14 aging planning and service area locations:
2 15 .................................................. $ 240,000
2 16 Notwithstanding section 8.33, the moneys appropriated in
2 17 this section that remain unencumbered and unobligated at the
2 18 end of any fiscal year shall not revert to the general fund
2 19 but shall remain available for expenditure during subsequent
2 20 fiscal years for the purposes for which originally
2 21 appropriated.
2 22 Sec. 5. EFFECTIVE DATE. Sections 1 through 3 of this Act
2 23 take effect July 1, 1997.
2 24 EXPLANATION
2 25 This bill provides for the establishment of area long-term
2 26 care resident's advocates in each of the area agency on aging
2 27 planning and service areas through the office of the state
2 28 long-term care resident's advocate, establishes the duties of
2 29 the local advocates, provides for immunity from liability for
2 30 actions of the advocates undertaken in good faith performance
2 31 of their duties, makes conforming changes, and establishes a
2 32 pilot program to determine the efficacy of establishing local
2 33 advocates in all areas. The bill provides for an
2 34 appropriation of $240,000 for the pilot project and also
2 35 provides that the statutory provisions which establish the
3 1 local advocates are effective July 1, 1997, after completion
3 2 of the pilot program.
3 3 LSB 1652SS 76
3 4 pf/cf/24
Text: SF00122 Text: SF00124 Text: SF00100 - SF00199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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