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PAG LIN 1 1 Section 1. Section 135C.37, Code 1997, is amended to read 1 2 as follows: 1 3 135C.37 COMPLAINTS ALLEGING VIOLATIONS – CONFIDENTIALITY. 1 4 A person may request an inspection of a health care 1 5 facility by filing with the department, care review committee 1 6 of the facility, or the state long-term care resident's1 7advocateombudsperson as defined in section 231.4,subsection1 816,a complaint of an alleged violation of applicable 1 9 requirements of this chapter or the rules adopted pursuant to 1 10 this chapter. A person alleging abuse or neglect of a 1 11 resident with a developmental disability or with mental 1 12 illness may also file a complaint with the protection and 1 13 advocacy agency designated pursuant to section 135B.9 or 1 14 section 135C.2. A copy of a complaint filed with the care 1 15 review committee or the state long-term care resident's 1 16advocate shallombudsperson may be forwarded to the 1 17 department. The complaint shall state in a reasonably 1 18 specific manner the basis of the complaint, and a statement of 1 19 the nature of the complaint shall be delivered to the facility 1 20 involved at the time of the inspection. The name of the 1 21 person who files a complaint with the department, care review 1 22 committee, or the state long-term care resident'sadvocate1 23 ombudsperson shall be kept confidential and shall not be 1 24 subject to discovery, subpoena, or other means of legal 1 25 compulsion for its release to a person other than department 1 26 or the office of the state long-term care resident's 1 27 ombudsperson employees involved in the investigation of the 1 28 complaint. 1 29 Sec. 2. Section 135C.38, subsection 2, paragraph d, Code 1 30 1997, is amended to read as follows: 1 31 d. A person who is dissatisfied with any aspect of the 1 32 department's handling of the complaint may contact the state 1 33 long-term care resident'sadvocateombudsperson, established 1 34 pursuant to section 231.42, or may contact the protection and 1 35 advocacy agency designated pursuant to section 135C.2 if the 2 1 complaint relates to a resident with a developmental 2 2 disability or a mental illness. 2 3 Sec. 3. Section 231.4, Code 1997, is amended by adding the 2 4 following new subsection: 2 5 NEW SUBSECTION. 15A. "State long-term care resident's 2 6 ombudsperson" or "state resident's ombudsperson" means the 2 7 administrator of the state long-term care resident's 2 8 ombudsperson program. 2 9 Sec. 4. Section 231.4, subsection 16, Code 1997, is 2 10 amended to read as follows: 2 11 16."Resident's advocate"State long-term care resident's 2 12 ombudsperson program" or "state resident's ombudsperson 2 13 program" means the state long-term care resident'sadvocate2 14 ombudsperson program operated by the commission of elder 2 15 affairs and administered by the state long-term care 2 16 resident'sadvocateombudsperson. 2 17 Sec. 5. Section 231.33, subsection 18, Code 1997, is 2 18 amended to read as follows: 2 19 18. Coordinate activities in support of thestatewide2 20 state long-term care resident'sadvocateombudsperson program. 2 21 Sec. 6. Section 231.41, Code 1997, is amended to read as 2 22 follows: 2 23 231.41 PURPOSE. 2 24 The purpose of this subchapter is to establish the state 2 25 long-term care resident'sadvocateombudsperson program 2 26 operated by the Iowa commission of elder affairs in accordance 2 27 with the requirements of the Older Americans Act of 1965, and2 28to adopt the supporting federal regulations and guidelines for2 29its implementation. In accordance with chapter 17A, the 2 30 commission of elder affairs shall adopt and enforce rules for 2 31 the implementation of this subchapter. 2 32 Sec. 7. Section 231.42, Code 1997, is amended to read as 2 33 follows: 2 34 231.42 LONG-TERM CARE RESIDENT'SADVOCATEOMBUDSPERSON – 2 35 DUTIES. 3 1 The Iowa commission of elder affairs, in accordance with 3 2 section 3027(a)(12) of the federal Act, shall establish the 3 3 office of state long-term care resident'sadvocate3 4 ombudsperson within the commission. The state long-term care 3 5 resident'sadvocateombudsperson shall: 3 6 1. Investigate and resolve complaints about administrative 3 7 actions that may adversely affect the health, safety, welfare, 3 8 or rights ofelderlyresidents in long-term care facilities. 3 9 2. Monitor the development and implementation of federal, 3 10 state, and local laws, regulations, and policies that relate 3 11 to long-term care facilities in Iowa. 3 12 3. Provide information to other agencies and to the public 3 13 about the problems ofelderlyresidents in long-term care 3 14 facilities. 3 15 4. Train volunteers and assist in the development of 3 16 citizens' organizations to participate in thelong-term care3 17 state resident'sadvocateombudsperson program. 3 18 5. Carry out other activities consistent with the state 3 19 resident'sadvocateombudsperson provisions of the federal 3 20 Act. 3 21 6. Administer the care review committee program. 3 22 7. Report annually to the general assembly on the 3 23 activities of the state resident'sadvocateombudsperson 3 24 office. 3 25 8. a. Establish an area long-term care resident's 3 26 ombudsperson program in a designated entity in each of the 3 27 area agency on aging planning and service areas throughout the 3 28 state. The state resident's ombudsperson, in consultation 3 29 with the department, shall establish a procedure for 3 30 certification of an area long-term care resident's 3 31 ombudsperson. The certification procedure shall require, at a 3 32 minimum, that the area long-term care resident's ombudsperson 3 33 has demonstrated the capability to carry out the 3 34 responsibilities of the office, be free of conflicts of 3 35 interest, and meet any additional requirements as specified by 4 1 the state resident's ombudsperson. 4 2 b. The state resident's ombudsperson, the designated 4 3 entities in which area long-term care resident's ombudsperson 4 4 programs are established, and the area long-term care 4 5 resident's ombudsperson are not liable for any action 4 6 undertaken by an area long-term care resident's ombudsperson 4 7 in the performance of duty, if the action is undertaken and 4 8 carried out in good faith. 4 9 c. The area long-term care resident's ombudsperson shall 4 10 assist the state resident's ombudsperson by doing, at a 4 11 minimum, all of the following: 4 12 (1) Providing services to protect the health, safety, 4 13 welfare, and rights of residents in long-term care facilities. 4 14 (2) Ensuring that the residents of long-term care 4 15 facilities in the service area of the area long-term care 4 16 resident's ombudsperson program have regular, timely access to 4 17 the area long-term care resident's ombudsperson and are 4 18 provided timely responses to complaints and requests for 4 19 assistance. 4 20 (3) Identifying, investigating, and resolving complaints 4 21 and grievances regarding actions or omissions that may 4 22 adversely affect the health, safety, welfare, or rights of 4 23 residents in long-term care facilities. 4 24 (4) Representing the interests of residents of long-term 4 25 care facilities before government agencies and seeking 4 26 administrative, legal, and other remedies to protect the 4 27 health, safety, welfare, and rights of the residents of long- 4 28 term care facilities. 4 29 (5) Providing information to other agencies and to the 4 30 public about the problems of residents in long-term care 4 31 facilities and facilitating the ability of the public to 4 32 comment on laws, regulations, and policies which affect the 4 33 residents in long-term care. 4 34 (6) Reviewing, and, if necessary, commenting on any 4 35 existing and proposed laws, rules, and other government 5 1 policies and actions that pertain to the rights and well-being 5 2 of residents in long-term care facilities. 5 3 (7) Developing and assisting care review committees in the 5 4 performance of their duties through recruitment, training, and 5 5 publicity. 5 6 (8) Supporting the development of resident and family 5 7 councils. 5 8 (9) Assisting in the development of consumer organizations 5 9 to participate in the area long-term care resident's 5 10 ombudsperson program. 5 11 (10) Carrying out other activities that the state 5 12 resident's ombudsperson determines to be appropriate. 5 13 d. The department shall establish, in consultation with 5 14 the state resident's ombudsperson, policies and procedures for 5 15 monitoring area long-term care resident's ombudsperson 5 16 programs, the entities in which the programs are established, 5 17 and the area long-term care resident's ombudsperson. 5 18 9.The resident's advocate shall haveHave access to long- 5 19 term care facilities, private access to residents, access to 5 20 residents' personal, social, and medical records, and access 5 21 to other records maintained by the facilities or governmental 5 22 agencies only as necessary pertainingonlyto theperson on5 23whose behalf acomplaintisbeing investigated. An area long- 5 24 term care resident's ombudsperson shall have comparable access 5 25 to facilities, residents, and records as provided in this 5 26 paragraph if the area long-term care resident's ombudsperson 5 27 obtains consent from the resident or from the resident's legal 5 28 representative. If the resident is unable to provide consent 5 29 and the resident's legal representative refuses to consent to 5 30 the access, access shall be granted if the area long-term care 5 31 resident's ombudsperson has reasonable cause to believe that 5 32 the legal representative is not acting in the resident's best 5 33 interests and if the area long-term care resident's 5 34 ombudsperson obtains approval from the state long-term care 5 35 resident's ombudsperson. 6 1 Sec. 8. Section 231.43, subsection 3, Code 1997, is 6 2 amended to read as follows: 6 3 3. Procedures to enable thelong-term carestate 6 4 resident'sadvocateombudsperson and area long-term care 6 5 resident's ombudspersons to elicit, receive, and process 6 6 complaints regarding administrative actions which may 6 7 adversely affect the health, safety, welfare, or rights of 6 8elderlyresidents in long-term care facilities. 6 9 Sec. 9. Section 231.44, subsection 1, Code 1997, is 6 10 amended to read as follows: 6 11 1. The care review committee program is administered by 6 12 the state long-term care resident'sadvocateombudsperson 6 13 program. 6 14 Sec. 10. AREA LONG-TERM CARE RESIDENT'S OMBUDSPERSON 6 15 PROGRAM – DEMONSTRATION PROJECT – APPROPRIATION. There is 6 16 appropriated from the general fund of the state to the 6 17 department of elder affairs for the fiscal period beginning 6 18 July 1, 1998, and ending June 30, 2000, the following amount, 6 19 or so much thereof as is necessary, to be used for the purpose 6 20 designated: 6 21 For the establishment of a demonstration program beginning 6 22 July 1, 1998, and ending June 30, 2000, to create the position 6 23 of area long-term care resident's ombudsperson in each of 6 24 three area agency on aging planning and service areas in the 6 25 state to determine the efficacy of establishing an area 6 26 resident's ombudsperson program in all area agency on aging 6 27 planning and service area locations: 6 28 .................................................. $ 240,000 6 29 Notwithstanding section 8.33, the moneys appropriated in 6 30 this section that remain unencumbered and unobligated at the 6 31 end of each fiscal year shall not revert to the general fund 6 32 but shall remain available for expenditure during subsequent 6 33 fiscal years for the purposes for which originally 6 34 appropriated. 6 35 Sec. 11. EFFECTIVE DATE. Sections 1 through 9 of this Act 7 1 take effect July 1, 1999. 7 2 EXPLANATION 7 3 This bill makes changes in the office of the state long- 7 4 term care resident's advocate program, including changing 7 5 references throughout the Code to replace the "resident's 7 6 advocate program" with references to the "state long-term care 7 7 resident's ombudsperson program". The bill also provides for 7 8 establishment of area ombudsperson entities in each of the 7 9 area agency on aging planning and service areas. 7 10 The bill specifies the duties of the area ombudsperson, 7 11 provides for the establishment of area ombudsperson pilot 7 12 projects in three areas of the state, provides an 7 13 appropriation for the pilot project, and provides for future 7 14 expansion of the area programs statewide by making the 7 15 provisions not related to the pilot project effective July 1, 7 16 1999. 7 17 LSB 3483HH 77 7 18 pf/jw/5
Text: HF02123 Text: HF02125 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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