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PAG LIN 1 1 Section 1. Section 135C.25, subsection 1, Code 1997, is 1 2 amended to read as follows: 1 3 1. Each health care facility shall have a care review 1 4 committee whose members shall be appointed by the director of 1 5 the department of elder affairs or the director's designee. A 1 6 person shall not be appointed a member of a care review 1 7 committee for a health care facility unless the person is a 1 8 resident of the service area where the facility is located. 1 9 Beginning January 1, 2000, a person shall not be appointed a 1 10 member of a care review committee unless the person has 1 11 received the required training and has been approved by the 1 12 state long-term care resident's ombudsperson pursuant to 1 13 section 231.42, subsections 10 and 11. The care review 1 14 committee for any facility caring primarily for persons with 1 15 mental illness, mental retardation, or a developmental 1 16 disability shall only be appointed after consultation with the 1 17 administrator of the division of mental health and 1 18 developmental disabilities of the department of human services 1 19 on the proposed appointments. Recommendations to the director 1 20 or the director's designee for membership on care review 1 21 committees are encouraged from any agency, organization, or 1 22 individual. The administrator of the facility shall not be 1 23 appointed to the care review committee and shall not be 1 24 present at committee meetings except upon request of the 1 25 committee. 1 26 Sec. 2. Section 135C.37, Code 1997, is amended to read as 1 27 follows: 1 28 135C.37 COMPLAINTS ALLEGING VIOLATIONS – CONFIDENTIALITY. 1 29 A person may request an inspection of a health care 1 30 facility by filing with the department, care review committee 1 31 of the facility, or the state long-term care resident's1 32advocateombudsperson as defined in section 231.4,subsection1 3316,a complaint of an alleged violation of applicable 1 34 requirements of this chapter or the rules adopted pursuant to 1 35 this chapter. A person alleging abuse or neglect of a 2 1 resident with a developmental disability or with mental 2 2 illness may also file a complaint with the protection and 2 3 advocacy agency designated pursuant to section 135B.9 or 2 4 section 135C.2. A copy of a complaint filed with the care 2 5 review committee or the state long-term care resident's 2 6advocate shallombudsperson may be forwarded to the 2 7 department. The complaint shall state in a reasonably 2 8 specific manner the basis of the complaint, and a statement of 2 9 the nature of the complaint shall be delivered to the facility 2 10 involved at the time of the inspection. The name of the 2 11 person who files a complaint with the department, care review 2 12 committee, or the state long-term care resident'sadvocate2 13 ombudsperson shall be kept confidential and shall not be 2 14 subject to discovery, subpoena, or other means of legal 2 15 compulsion for its release to a person other than department 2 16 or the office of the state long-term care resident's 2 17 ombudsperson employees involved in the investigation of the 2 18 complaint. 2 19 Sec. 3. Section 135C.38, subsection 2, paragraph d, Code 2 20 1997, is amended to read as follows: 2 21 d. A person who is dissatisfied with any aspect of the 2 22 department's handling of the complaint may contact the state 2 23 long-term care resident'sadvocateombudsperson, established 2 24 pursuant to section 231.42, or may contact the protection and 2 25 advocacy agency designated pursuant to section 135C.2 if the 2 26 complaint relates to a resident with a developmental 2 27 disability or a mental illness. 2 28 Sec. 4. Section 231.4, Code 1997, is amended by adding the 2 29 following new subsection: 2 30 NEW SUBSECTION. 15A. "State long-term care resident's 2 31 ombudsperson" or "state resident's ombudsperson" means the 2 32 administrator of the state long-term care resident's 2 33 ombudsperson program. 2 34 Sec. 5. Section 231.4, subsection 16, Code 1997, is 2 35 amended to read as follows: 3 1 16."Resident's advocate"State long-term care resident's 3 2 ombudsperson program" or "state resident's ombudsperson 3 3 program" means the state long-term care resident'sadvocate3 4 ombudsperson program operated by the commission of elder 3 5 affairs and administered by the state long-term care 3 6 resident'sadvocateombudsperson. 3 7 Sec. 6. Section 231.33, subsection 18, Code 1997, is 3 8 amended to read as follows: 3 9 18. Coordinate activities in support of thestatewide3 10 state long-term care resident'sadvocateombudsperson program. 3 11 Sec. 7. Section 231.41, Code 1997, is amended to read as 3 12 follows: 3 13 231.41 PURPOSE. 3 14 The purpose of this subchapter is to establish the state 3 15 long-term care resident'sadvocateombudsperson program 3 16 operated by the Iowa commission of elder affairs in accordance 3 17 with the requirements of the Older Americans Act of 1965, and3 18to adopt the supporting federal regulations and guidelines for3 19its implementation. In accordance with chapter 17A, the 3 20 commission of elder affairs shall adopt and enforce rules for 3 21 the implementation of this subchapter. 3 22 Sec. 8. Section 231.42, Code 1997, is amended to read as 3 23 follows: 3 24 231.42 LONG-TERM CARE RESIDENT'SADVOCATEOMBUDSPERSON – 3 25 DUTIES. 3 26 The Iowa commission of elder affairs, in accordance with 3 27 section 3027(a)(12) of the federal Act, shall establish the 3 28 office of state long-term care resident'sadvocate3 29 ombudsperson within the commission. The state long-term care 3 30 resident'sadvocateombudsperson shall: 3 31 1. Investigate and resolve complaints about administrative 3 32 actions that may adversely affect the health, safety, welfare, 3 33 or rights ofelderlyresidents in long-term care facilities. 3 34 2. Monitor the development and implementation of federal, 3 35 state, and local laws, regulations, and policies that relate 4 1 to long-term care facilities in Iowa. 4 2 3. Provide information to other agencies and to the public 4 3 about the problems ofelderlyresidents in long-term care 4 4 facilities. 4 5 4. Train volunteers and assist in the development of 4 6 citizens' organizations to participate in thelong-term care4 7 state resident'sadvocateombudsperson program. 4 8 5. Carry out other activities consistent with the state 4 9 resident'sadvocateombudsperson provisions of the federal 4 10 Act. 4 11 6. Administer the care review committee program. 4 12 7. Report annually to the general assembly on the 4 13 activities of the state resident'sadvocateombudsperson 4 14 office. 4 15 8. a. Establish an area long-term care resident's 4 16 ombudsperson program in a designated entity in each of the 4 17 area agency on aging planning and service areas throughout the 4 18 state. The state resident's ombudsperson, in consultation 4 19 with the department, shall establish a procedure for 4 20 certification of an area long-term care resident's 4 21 ombudsperson. The certification procedure shall require, at a 4 22 minimum, that the area long-term care resident's ombudsperson 4 23 has demonstrated the capability to carry out the 4 24 responsibilities of the office, be free of conflicts of 4 25 interest, and meet any additional requirements as specified by 4 26 the state resident's ombudsperson. 4 27 b. The state resident's ombudsperson, the designated 4 28 entities in which area long-term care resident's ombudsperson 4 29 programs are established, and the area long-term care 4 30 resident's ombudsperson are not liable for any action 4 31 undertaken by an area long-term care resident's ombudsperson 4 32 in the performance of duty, if the action is undertaken and 4 33 carried out in good faith. 4 34 c. The area long-term care resident's ombudsperson shall 4 35 assist the state resident's ombudsperson by doing, at a 5 1 minimum, all of the following: 5 2 (1) Providing services to protect the health, safety, 5 3 welfare, and rights of residents in long-term care facilities. 5 4 (2) Ensuring that the residents of long-term care 5 5 facilities in the service area of the area long-term care 5 6 resident's ombudsperson program have regular, timely access to 5 7 the area long-term care resident's ombudsperson and are 5 8 provided timely responses to complaints and requests for 5 9 assistance. 5 10 (3) Identifying, investigating, and resolving complaints 5 11 and grievances regarding actions or omissions that may 5 12 adversely affect the health, safety, welfare, or rights of 5 13 residents in long-term care facilities. 5 14 (4) Representing the interests of residents of long-term 5 15 care facilities before government agencies and seeking 5 16 administrative, legal, and other remedies to protect the 5 17 health, safety, welfare, and rights of the residents of long- 5 18 term care facilities. 5 19 (5) Providing information to other agencies and to the 5 20 public about the problems of residents in long-term care 5 21 facilities and facilitating the ability of the public to 5 22 comment on laws, regulations, and policies which affect the 5 23 residents in long-term care. 5 24 (6) Reviewing, and, if necessary, commenting on any 5 25 existing and proposed laws, rules, and other government 5 26 policies and actions that pertain to the rights and well-being 5 27 of residents in long-term care facilities. 5 28 (7) Developing and assisting care review committees in the 5 29 performance of their duties through recruitment, training, and 5 30 publicity. 5 31 (8) Supporting the development of resident and family 5 32 councils. 5 33 (9) Assisting in the development of consumer organizations 5 34 to participate in the area long-term care resident's 5 35 ombudsperson program. 6 1 (10) Carrying out other activities that the state 6 2 resident's ombudsperson determines to be appropriate. 6 3 d. The department shall establish, in consultation with 6 4 the state resident's ombudsperson, policies and procedures for 6 5 monitoring area long-term care resident's ombudsperson 6 6 programs, the entities in which the programs are established, 6 7 and the area long-term care resident's ombudsperson. 6 8 9.The resident's advocate shall haveHave access to long- 6 9 term care facilities, private access to residents, access to 6 10 residents' personal, social, and medical records, and access 6 11 to other records maintained by the facilities or governmental 6 12 agencies only as necessary pertainingonlyto theperson on6 13whose behalf acomplaintisbeing investigated. An area long- 6 14 term care resident's ombudsperson shall have comparable access 6 15 to facilities, residents, and records as provided in this 6 16 paragraph if the area long-term care resident's ombudsperson 6 17 obtains consent from the resident or from the resident's legal 6 18 representative. If the resident is unable to provide consent 6 19 and the resident's legal representative refuses to consent to 6 20 the access, access shall be granted if the area long-term care 6 21 resident's ombudsperson has reasonable cause to believe that 6 22 the legal representative is not acting in the resident's best 6 23 interests and if the area long-term care resident's 6 24 ombudsperson obtains approval from the state long-term care 6 25 resident's ombudsperson. 6 26 10. Not later than July 1, 1999, establish procedures for 6 27 the training of representatives of the office, including 6 28 unpaid volunteers and care review committee members, based on 6 29 model standards established by the federal associate 6 30 commissioner for ombudsperson programs, in consultation with 6 31 representatives of citizen organizations and long-term care 6 32 providers, and the office, that do all of the following: 6 33 a. Specify a minimum number of hours of initial training. 6 34 b. Specify the content of the training, including training 6 35 relating to all of the following: 7 1 (1) Federal, state, and local laws, regulations, and 7 2 policies, with respect to long-term care facilities in the 7 3 state. 7 4 (2) Investigative techniques. 7 5 (3) Such other matters as the department determines to be 7 6 appropriate. 7 7 c. Specify an annual number of hours of in-service 7 8 training for all designated representatives. 7 9 d. Require implementation of the procedures not later than 7 10 January 1, 2000. 7 11 11. Prohibit any representative of the office, other than 7 12 the state ombudsperson, from carrying out any activity 7 13 described in this section, unless the representative meets 7 14 both of the following conditions: 7 15 a. Has received required training. 7 16 b. Has been approved by the state ombudsperson as 7 17 qualified to carry out the activity on behalf of the office. 7 18 Sec. 9. Section 231.43, subsection 3, Code 1997, is 7 19 amended to read as follows: 7 20 3. Procedures to enable thelong-term carestate 7 21 resident'sadvocateombudsperson and area long-term care 7 22 resident's ombudspersons to elicit, receive, and process 7 23 complaints regarding administrative actions which may 7 24 adversely affect the health, safety, welfare, or rights of 7 25elderlyresidents in long-term care facilities. 7 26 Sec. 10. Section 231.44, subsection 1, Code 1997, is 7 27 amended to read as follows: 7 28 1. The care review committee program is administered by 7 29 the state long-term care resident'sadvocateombudsperson 7 30 program. 7 31 Sec. 11. AREA LONG-TERM CARE RESIDENT'S OMBUDSPERSON 7 32 PROGRAM – DEMONSTRATION PROJECT – APPROPRIATION. There is 7 33 appropriated from the general fund of the state to the 7 34 department of elder affairs for the fiscal period beginning 7 35 July 1, 1998, and ending June 30, 2000, the following amount, 8 1 or so much thereof as is necessary, to be used for the purpose 8 2 designated: 8 3 For the establishment of a demonstration program beginning 8 4 July 1, 1998, and ending June 30, 2000, to create the position 8 5 of area long-term care resident's ombudsperson in each of 8 6 three area agency on aging planning and service areas in the 8 7 state to determine the efficacy of establishing an area 8 8 resident's ombudsperson program in all area agency on aging 8 9 planning and service area locations: 8 10 .................................................. $ 240,000 8 11 Notwithstanding section 8.33, the moneys appropriated in 8 12 this section that remain unencumbered and unobligated at the 8 13 end of each fiscal year shall not revert to the general fund 8 14 but shall remain available for expenditure during subsequent 8 15 fiscal years for the purposes for which originally 8 16 appropriated. 8 17 Sec. 12. EFFECTIVE DATE. Sections 2 through 10 of this 8 18 Act take effect July 1, 1999. 8 19 EXPLANATION 8 20 This bill makes changes in the office of the state long- 8 21 term care resident's advocate program, including changing 8 22 references throughout the Code to replace the "resident's 8 23 advocate program" with references to the "state long-term care 8 24 resident's ombudsperson program". The bill also provides for 8 25 establishment of area ombudsperson entities in each of the 8 26 area agency on aging planning and service areas. 8 27 The bill specifies the duties of the area ombudsperson, 8 28 requires training for representatives of the state 8 29 ombudsperson's office including members of care review 8 30 committees, provides for the establishment of area 8 31 ombudsperson pilot projects in three areas of the state, 8 32 provides an appropriation for the pilot project, and provides 8 33 for future expansion of the area programs statewide by making 8 34 the provisions not related to the pilot project effective July 8 35 1, 1999. 9 1 LSB 4108YH 77 9 2 pf/jw/5
Text: HF02318 Text: HF02320 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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