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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