Text: SF00243 Text: SF00245 Text: SF00200 - SF00299 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. a. 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. The certification
1 7 procedure shall require, at a minimum, that the area long-term
1 8 care resident's advocate has demonstrated the capability to
1 9 carry out the responsibilities of the office, be free of
1 10 conflicts of interest, be public or nonprofit private
1 11 entities, and meet any additional requirements as specified by
1 12 the state resident's advocate.
1 13 b. The state resident's advocate and the area resident's
1 14 advocates are not liable for any action undertaken by an area
1 15 resident's advocate in the performance of duty, if the action
1 16 is undertaken and carried out in good faith.
1 17 c. The area resident's advocates shall assist the state
1 18 resident's advocate by doing all of the following:
1 19 (1) Providing services to protect the health, safety,
1 20 welfare, and rights of residents in long-term care facilities.
1 21 (2) Ensuring that the residents of long-term care
1 22 facilities in the service area of the area resident's advocate
1 23 have regular, timely access to the area resident's advocate
1 24 and timely responses to complaints and requests for
1 25 assistance.
1 26 (3) Identifying, investigating, and resolving complaints
1 27 and grievances that may adversely affect the health, safety,
1 28 welfare, or rights of elderly residents in long-term care
1 29 facilities.
1 30 (4) Representing the interests of residents of long-term
1 31 care facilities before government agencies and seeking
1 32 administrative, legal, and other remedies to protect the
1 33 health, safety, welfare, and rights of the residents of long-
1 34 term care facilities.
1 35 (5) Providing information to other agencies and to the
2 1 public about the problems of the elderly in long-term care
2 2 facilities and facilitating the ability of the public to
2 3 comment on laws, regulations, and policies which affect the
2 4 elderly in long-term care facilities.
2 5 (6) Reviewing, and, if necessary, commenting on any
2 6 existing and proposed laws, rules, and other government
2 7 policies and actions that pertain to the rights and well-being
2 8 of residents.
2 9 (7) Developing and assisting care review committees in the
2 10 performance of their duties through recruitment, training, and
2 11 publicity.
2 12 (8) Assisting in the development of organizations to
2 13 participate in the long-term care resident's advocate program.
2 14 (9) Carrying out other activities that the state
2 15 resident's advocate determines to be appropriate.
2 16 d. The department of elder affairs shall establish, in
2 17 consultation with the state resident's advocate, policies and
2 18 procedures for monitoring area resident's advocates.
2 19 Sec. 2. Section 231.42, unnumbered paragraph 2, Code 1995,
2 20 is amended to read as follows:
2 21 The state resident's advocate and the area resident's
2 22 advocates shall have access to long-term care facilities,
2 23 private access to residents, access to residents' personal and
2 24 medical records, and access to other records maintained by the
2 25 facilities or governmental agencies pertaining only to the
2 26 person on whose behalf a complaint is being investigated.
2 27 Sec. 3. Section 231.43, subsection 3, Code 1995, is
2 28 amended to read as follows:
2 29 3. Procedures to enable the state long-term care
2 30 resident's advocate and area resident's advocates to elicit,
2 31 receive, and process complaints regarding administrative
2 32 actions which may adversely affect the health, safety,
2 33 welfare, or rights of elderly in long-term care facilities.
2 34 Sec. 4. AREA LONG-TERM CARE RESIDENT'S ADVOCATE PROGRAM &endash;
2 35 PILOT PROJECT &endash; APPROPRIATION. There is appropriated from
3 1 the general fund of the state to the department of elder
3 2 affairs for the fiscal year beginning July 1, 1995, and ending
3 3 June 30, 1996, the following amount or so much thereof as is
3 4 necessary, to be used for the purpose designated:
3 5 For the establishment of a pilot program beginning July 1,
3 6 1995, and ending June 30, 1997, to create the position of area
3 7 long-term care resident's advocate in each of three area
3 8 agency on aging locations in the state to determine the
3 9 efficacy of establishing local advocates in all area agency on
3 10 aging planning and service area locations:
3 11 .................................................. $ 240,000
3 12 Notwithstanding section 8.33, the moneys appropriated in
3 13 this section that remain unencumbered and unobligated at the
3 14 end of any fiscal year shall not revert to the general fund
3 15 but shall remain available for expenditure during subsequent
3 16 fiscal years for the purposes for which originally
3 17 appropriated.
3 18 Sec. 5. EFFECTIVE DATE. Sections 1 through 3 of this Act
3 19 take effect July 1, 1997.
3 20 EXPLANATION
3 21 This bill provides for the establishment of area long-term
3 22 care resident's advocates in each of the area agency on aging
3 23 planning and service areas through the office of the state
3 24 long-term care resident's advocate, establishes the duties of
3 25 the local advocates, the minimum specifications for
3 26 eligibility as an area resident's advocate, provides for
3 27 immunity from liability for actions of the advocates
3 28 undertaken in good faith performance of their duties, makes
3 29 conforming changes, and establishes a pilot program to
3 30 determine the efficacy of establishing local advocates in all
3 31 areas. The bill provides for an appropriation of $240,000 for
3 32 the pilot project and also provides that the statutory
3 33 provisions which establish the local advocates are effective
3 34 July 1, 1997, after completion of the pilot program.
3 35 LSB 1860SS 76
4 1 pf/cf/24
Text: SF00243 Text: SF00245 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
Search: Senate Bills and Amendments (76th General Assembly)
© 1996 Cornell College and League of Women Voters of Iowa
Comments? webmaster@legis.iowa.gov.
Last update: Thu Mar 7 03:15:05 CST 1996
URL: /DOCS/GA/76GA/Legislation/SF/00200/SF00244/950302.html
jhf