Text: HF02274 Text: HF02276 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 HOUSE FILE 2275
1 2
1 3 AN ACT
1 4 RELATING TO HEALTH CARE PROVIDERS INCLUDING THE APPLICATION
1 5 OF RECORDS CHECKS TO ADDITIONAL PROVIDERS AND THE RECORD-
1 6 ING AND AVAILABILITY OF THE RECORDS OF THE FACILITY
1 7 INSPECTIONS AND PROVIDING FOR A REPEAL.
1 8
1 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 10
1 11 Section 1. NEW SECTION. 135C.20A REPORT CARDS –
1 12 FACILITY INSPECTIONS – COMPLAINT PROCEDURES – AVAILABILITY
1 13 TO PUBLIC – ELECTRONIC ACCESS.
1 14 1. The department shall develop and utilize a report card
1 15 system for the recording of the findings of any inspection of
1 16 a health care facility. The report card shall include but is
1 17 not limited to a summary of the findings of the inspection,
1 18 any violation found, any enforcement action taken including
1 19 any citations issued and penalties assessed, any actions taken
1 20 to correct violations or deficiencies, and the nature and
1 21 status of any action taken with respect to any uncorrected
1 22 violation for which a citation was issued.
1 23 2. The report card form shall be developed by the
1 24 department in cooperation with representatives of the
1 25 department of elder affairs, the state long-term care
1 26 resident's advocate, representatives of care review
1 27 committees, representatives of protection and advocacy
1 28 entities, consumers, and other interested persons.
1 29 3. The department shall make any completed report cards
1 30 electronically accessible to the public, on a monthly basis,
1 31 and shall compile the report cards on an annual basis and make
1 32 the compilation electronically accessible to the public. The
1 33 annual compilation shall also be available at the office of
1 34 the department at the seat of government and shall be
1 35 available to the public by mail, upon request and at the
2 1 department's expense.
2 2 4. In addition to the monthly and annual compilations, the
2 3 department shall provide compilations of the report cards on a
2 4 cumulative basis. The cumulative compilation shall reflect
2 5 the report cards of health care facilities during the four-
2 6 year period prior to the production of the cumulative
2 7 compilation. The cumulative compilation shall be applicable
2 8 to a particular health care facility as a four-year report
2 9 card history of that facility becomes available. The
2 10 cumulative compilation shall be available to the public in the
2 11 same manner as the annual compilation.
2 12 Sec. 2. Section 135C.33, Code Supplement 1997, is amended
2 13 to read as follows:
2 14 135C.33 CHILD OR DEPENDENT ADULT ABUSE INFORMATION AND
2 15 CRIMINAL RECORDS – EVALUATIONS – APPLICATION TO OTHER
2 16 PROVIDERS.
2 17 1. Beginning July 1, 1997, prior to employment of a person
2 18 in a facility, the facility shall request that the department
2 19 of public safety perform criminal and dependent adult abuse
2 20 record checks of the person in this state. In addition, the
2 21 facility may request that the department of human services
2 22 perform a child abuse record check in this state. Beginning
2 23 July 1, 1997, a facility shall inform all persons prior to
2 24 employment regarding the performance of the records checks and
2 25 shall obtain, from the persons, a signed acknowledgment of the
2 26 receipt of the information. Additionally, a facility shall
2 27 include the following inquiry in an application for
2 28 employment: "Do you have a record of founded child or
2 29 dependent adult abuse or have you ever been convicted of a
2 30 crime, in this state or any other state?" If the person has
2 31 been convicted of a crime under a law of any state or has a
2 32 record of founded child or dependent adult abuse, the
2 33 department of human services shall perform an evaluation to
2 34 determine whether the crime or founded child or dependent
2 35 adult abuse warrants prohibition of employment in the
3 1 facility. The evaluation shall be performed in accordance
3 2 with procedures adopted for this purpose by the department of
3 3 human services. If a person owns or operates more than one
3 4 facility, and an employee of one of such facilities is
3 5 transferred to another such facility without a lapse in
3 6 employment, the facility is not required to request additional
3 7 criminal and dependent adult abuse record checks of that
3 8 employee.
3 9 2. If the department of public safety determines that a
3 10 person has committed a crime or has a record of founded
3 11 dependent adult abuse and is to be employed in a facility
3 12 licensed under this chapter, the department of public safety
3 13 shall notify the licensee that an evaluation will be conducted
3 14 by the department of human services to determine whether
3 15 prohibition of the person's employment is warranted. If a
3 16 department of human services child abuse record check
3 17 determines the person has a record of founded child abuse, the
3 18 department shall inform the licensee that an evaluation will
3 19 be conducted to determine whether prohibition of the person's
3 20 employment is warranted.
3 21 3. In an evaluation, the department of human services
3 22 shall consider the nature and seriousness of the crime or
3 23 founded child or dependent adult abuse in relation to the
3 24 position sought or held, the time elapsed since the commission
3 25 of the crime or founded child or dependent adult abuse, the
3 26 circumstances under which the crime or founded child or
3 27 dependent adult abuse was committed, the degree of
3 28 rehabilitation, the likelihood that the person will commit the
3 29 crime or founded child or dependent adult abuse again, and the
3 30 number of crimes or founded child or dependent adult abuses
3 31 committed by the person involved. The department of human
3 32 services has final authority in determining whether
3 33 prohibition of the person's employment is warranted.
3 34 4. If the department of human services determines that the
3 35 person has committed a crime or has a record of founded child
4 1 or dependent adult abuse which warrants prohibition of
4 2 employment, the person shall not be employed in a facility
4 3 licensed under this chapter.
4 4 5. Beginning July 1, 1998, this section shall apply to
4 5 prospective employees of all of the following, if the provider
4 6 is regulated by the state or receives any state or federal
4 7 funding:
4 8 a. An employee of a homemaker, home-health aide, home-care
4 9 aide, adult day care, or other provider of in-home services if
4 10 the employee provides direct services to consumers.
4 11 b. An employee of a hospice, if the employee provides
4 12 direct services to consumers.
4 13 c. An employee who provides direct services to consumers
4 14 under a federal home and community-based services waiver.
4 15 In substantial conformance with the provisions of this
4 16 section, prior to the employment of such an employee, the
4 17 provider shall request the performance of the criminal and
4 18 dependent adult abuse record checks and may request the
4 19 performance of the child abuse record. The provider shall
4 20 inform the prospective employee and obtain the prospective
4 21 employee's signed acknowledgment. The department of human
4 22 services shall perform the evaluation of any criminal record
4 23 or founded child or dependent adult abuse record and shall
4 24 make the determination of whether a prospective employee of a
4 25 provider shall not be employed by the provider.
4 26 Sec. 3. Section 135C.47, Code 1997, is repealed.
4 27
4 28
4 29
4 30 RON J. CORBETT
4 31 Speaker of the House
4 32
4 33
4 34
4 35 MARY E. KRAMER
5 1 President of the Senate
5 2
5 3 I hereby certify that this bill originated in the House and
5 4 is known as House File 2275, Seventy-seventh General Assembly.
5 5
5 6
5 7
5 8 ELIZABETH ISAACSON
5 9 Chief Clerk of the House
5 10 Approved , 1998
5 11
5 12
5 13
5 14 TERRY E. BRANSTAD
5 15 Governor
Text: HF02274 Text: HF02276 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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