Text: SF00122 Text: SF00124 Text: SF00100 - SF00199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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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