Iowa General Assembly Banner

 
Text: SF00096                           Text: SF00098
Text: SF00000 - SF00099                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

Senate File 97

Partial Bill History

Bill Text

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's
  1  7 advocate ombudsman as defined in section 231.4, subsection 16,
  1  8 a complaint of an alleged violation of applicable requirements
  1  9 of this chapter or the rules adopted pursuant to this chapter.
  1 10 A person alleging abuse or neglect of a resident with a
  1 11 developmental disability or with mental illness may also file
  1 12 a complaint with the protection and advocacy agency designated
  1 13 pursuant to section 135B.9 or section 135C.2.  A copy of a
  1 14 complaint filed with the care review committee or the state
  1 15 long-term care resident's advocate ombudsman shall be
  1 16 forwarded to the department.  The complaint shall state in a
  1 17 reasonably specific manner the basis of the complaint, and a
  1 18 statement of the nature of the complaint shall be delivered to
  1 19 the facility involved at the time of the inspection.  The name
  1 20 of the person who files a complaint with the department, care
  1 21 review committee, or the state long-term care resident's
  1 22 advocate ombudsman shall be kept confidential and shall not be
  1 23 subject to discovery, subpoena, or other means of legal
  1 24 compulsion for its release to a person other than department
  1 25 employees involved in the investigation of the complaint.
  1 26    Sec. 2.  Section 135C.38, subsection 2, paragraph d, Code
  1 27 1997, is amended to read as follows:
  1 28    d.  A person who is dissatisfied with any aspect of the
  1 29 department's handling of the complaint may contact the state
  1 30 long-term care resident's advocate ombudsman, established
  1 31 pursuant to section 231.42, or may contact the protection and
  1 32 advocacy agency designated pursuant to section 135C.2 if the
  1 33 complaint relates to a resident with a developmental
  1 34 disability or a mental illness.
  1 35    Sec. 3.  Section 231.4, subsection 16, Code 1997, is
  2  1 amended to read as follows:
  2  2    16.  "Resident's advocate State long-term care ombudsman
  2  3 program" means the state long-term care resident's advocate
  2  4 ombudsman program operated by the commission of elder affairs
  2  5 and administered by the state long-term care resident's
  2  6 advocate ombudsman.
  2  7    Sec. 4.  Section 231.33, subsection 18, Code 1997, is
  2  8 amended to read as follows:
  2  9    18.  Coordinate activities in support of the statewide
  2 10 state long-term care resident's advocate ombudsman program.
  2 11    Sec. 5.  Section 231.41, Code 1997, is amended to read as
  2 12 follows:
  2 13    231.41  PURPOSE.
  2 14    The purpose of this subchapter is to establish the state
  2 15 long-term care resident's advocate ombudsman program operated
  2 16 by the Iowa commission of elder affairs in accordance with the
  2 17 requirements of the Older Americans Act of 1965, and to adopt
  2 18 the supporting federal regulations and guidelines for its
  2 19 implementation.  In accordance with chapter 17A, the
  2 20 commission of elder affairs shall adopt and enforce rules for
  2 21 the implementation of this subchapter.
  2 22    Sec. 6.  Section 231.42, Code 1997, is amended to read as
  2 23 follows:
  2 24    231.42  STATE LONG-TERM CARE RESIDENT'S ADVOCATE OMBUDSMAN
  2 25 – DUTIES.
  2 26    The Iowa commission of elder affairs, in accordance with
  2 27 section 3027(a)(12) of the federal Act, shall establish the
  2 28 office of state long-term care resident's advocate ombudsman
  2 29 within the commission.  The state long-term care resident's
  2 30 advocate ombudsman shall:
  2 31    1.  Investigate and resolve complaints about administrative
  2 32 actions that may adversely affect the health, safety, welfare,
  2 33 or rights of elderly in long-term care facilities.
  2 34    2.  Monitor the development and implementation of federal,
  2 35 state, and local laws, regulations, and policies that relate
  3  1 to long-term care facilities in Iowa.
  3  2    3.  Provide information to other agencies and to the public
  3  3 about the problems of elderly in long-term care facilities.
  3  4    4.  Train volunteers and assist in the development of
  3  5 citizens' organizations to participate in the state long-term
  3  6 care resident's advocate ombudsman program.
  3  7    5.  Carry out other activities consistent with the
  3  8 resident's advocate state long-term care ombudsman provisions
  3  9 of the federal Act.
  3 10    6.  Administer the care review committee program.
  3 11    7.  Report annually to the general assembly on the
  3 12 activities of the resident's advocate state long-term care
  3 13 ombudsman office.
  3 14    8.  a.  Establish an area long-term care ombudsman program
  3 15 in a designated entity in each of the area agencies on aging
  3 16 planning and service areas throughout the state.  The state
  3 17 long-term care ombudsman, in consultation with the department,
  3 18 shall establish a procedure for certification of each area
  3 19 ombudsman.  The certification procedure shall require, at a
  3 20 minimum, that an area long-term care ombudsman has
  3 21 demonstrated the ability to carry out the responsibilities of
  3 22 the office, is free of conflicts of interest, and meets any
  3 23 additional requirements as specified by the department.
  3 24    b.  The state long-term care ombudsman, the designated
  3 25 entities in which area long-term care ombudsman programs are
  3 26 established, and the area ombudsman are not liable for any
  3 27 action undertaken by an area ombudsman in the performance of
  3 28 duty, if the action is undertaken and carried out in good
  3 29 faith.
  3 30    c.  The area ombudsman shall assist the state ombudsman by
  3 31 doing all of the following:
  3 32    (1)  Providing services to protect health, safety, welfare,
  3 33 and rights of residents in long-term care facilities.
  3 34    (2)  Ensuring that the residents of long-term care
  3 35 facilities in the service area of the area long-term care
  4  1 ombudsman program have regular, timely access to the area
  4  2 ombudsman and are provided timely responses to complaints and
  4  3 requests for assistance.
  4  4    (3)  Identifying, investigating, and resolving complaints
  4  5 and grievances that may adversely affect the health, safety,
  4  6 welfare, or rights of residents in long-term care facilities.
  4  7    (4)  Representing the interest of residents of long-term
  4  8 care facilities before government agencies and seeking
  4  9 administrative, legal, and other remedies to protect the
  4 10 health, safety, welfare, and rights of the residents of long-
  4 11 term care facilities.
  4 12    (5)  Providing information to other agencies and to the
  4 13 public about the problems of residents in long-term care
  4 14 facilities and facilitating the ability of the public to
  4 15 comment on laws, regulations, and policies which affect
  4 16 residents in long-term care facilities.
  4 17    (6)  Reviewing, and, if necessary, commenting on any
  4 18 existing and proposed laws, rules, and other government
  4 19 policies and actions that pertain to the rights and well-being
  4 20 of residents in long-term care facilities.
  4 21    (7)  Developing and assisting care review committees in the
  4 22 performance of their duties through recruitment, training, and
  4 23 publicity.
  4 24    (8)  Supporting the development of resident and family
  4 25 councils.
  4 26    (9)  Assisting in the development of organizations to
  4 27 participate in the area long-term care ombudsman program.
  4 28    (10)  Carrying out other activities that the state
  4 29 ombudsman determines appropriate.
  4 30    d.  The department shall establish, in consultation with
  4 31 the state ombudsman, policies and procedures for monitoring
  4 32 area long-term care ombudsman programs, the entities in which
  4 33 the programs are established, and the area ombudsman.
  4 34    The resident's advocate state long-term care ombudsman
  4 35 shall have access to long-term care facilities, private access
  5  1 to residents, and access to residents' personal, social, and
  5  2 medical records, and for the purpose of reviewing and, upon
  5  3 request, copying the records.  The state long-term care
  5  4 ombudsman shall have access to other records maintained by the
  5  5 facilities or governmental agencies only as necessary and
  5  6 pertaining only to the person on whose behalf a complaint is
  5  7 being investigated.  An area ombudsman shall have comparable
  5  8 access to facilities, residents, and records as provided in
  5  9 this paragraph if the area ombudsman obtains consent from the
  5 10 resident or from the resident's legal representative.  If the
  5 11 resident is unable to provide consent and the resident's legal
  5 12 representative refuses to consent to the access, access shall
  5 13 be granted if the area ombudsman has reasonable cause to
  5 14 believe that the legal representative is not acting in the
  5 15 resident's best interest and if the area ombudsman obtains
  5 16 approval from the state long-term care ombudsman.
  5 17    Sec. 7.  Section 231.43, subsection 3, Code 1997, is
  5 18 amended to read as follows:
  5 19    3.  Procedures to enable the state long-term care
  5 20 resident's advocate ombudsman and area long-term care
  5 21 ombudsman to elicit, receive, and process complaints regarding
  5 22 administrative actions which may adversely affect the health,
  5 23 safety, welfare, or rights of elderly residents in long-term
  5 24 care facilities.
  5 25    Sec. 8.  Section 231.44, subsection 1, Code 1997, is
  5 26 amended to read as follows:
  5 27    1.  The care review committee program is administered by
  5 28 the state long-term care resident's advocate ombudsman
  5 29 program.
  5 30    Sec. 9.  AREA LONG-TERM CARE OMBUDSMAN PROGRAM –
  5 31 DEMONSTRATION PROJECT – APPROPRIATION.  There is appropriated
  5 32 from the general fund of the state to the department of elder
  5 33 affairs for the fiscal year beginning July 1, 1997, and ending
  5 34 June 30, 1998, the following amount, or so much thereof as is
  5 35 necessary, to be used for the purpose designated:
  6  1    For the establishment of a demonstration program beginning
  6  2 July 1, 1997, and ending June 30, 1999, to create the position
  6  3 of area long-term care ombudsman in each of three area
  6  4 agencies on aging planning and service areas in the state to
  6  5 determine the efficacy of establishing an ombudsman in all
  6  6 area agencies on aging planning and service area locations:  
  6  7 .................................................. $    240,000
  6  8    Notwithstanding section 8.33, the moneys appropriated in
  6  9 this section that remain unencumbered and unobligated at the
  6 10 end of any fiscal year shall not revert to the general fund of
  6 11 the state but shall remain available for expenditure during
  6 12 subsequent fiscal years for the purposes for which originally
  6 13 appropriated.
  6 14    Sec. 10.  EFFECTIVE DATE.  Sections 1 through 8 of this Act
  6 15 take effect July 1, 1999.  
  6 16                           EXPLANATION
  6 17    This bill changes the title of the long-term care
  6 18 resident's advocate to the state long-term care ombudsman.  It
  6 19 provides for the establishment of an area long-term care
  6 20 ombudsman in each of the area agencies on aging planning and
  6 21 service areas through the office of the state long-term care
  6 22 ombudsman, establishes the duties of the local ombudsman,
  6 23 provides for immunity from liability for actions of the
  6 24 ombudsman undertaken in good faith performance of their
  6 25 duties, makes conforming changes, and establishes a
  6 26 demonstration program to determine the efficacy of
  6 27 establishing an ombudsman in all area agencies on aging
  6 28 planning and service areas in the state.  The bill provides
  6 29 for an appropriation of $240,000 for the demonstration project
  6 30 and also provides that the statutory provisions which
  6 31 establish the local ombudsman are effective July 1, 1999,
  6 32 after completion of the demonstration program.  
  6 33 LSB 1095SS 77
  6 34 pf/cf/24
     
Text: SF00096                           Text: SF00098
Text: SF00000 - SF00099                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index
Return To Home Iowa General Assembly

index Search: Senate Bills and Amendments (77th General Assembly)

© 1997 Cornell College and League of Women Voters of Iowa

Comments? webmaster@legis.iowa.gov.

Last update: Thu Feb 13 03:40:03 CST 1997
URL: /DOCS/GA/77GA/Legislation/SF/00000/SF00097/970130.html
jhf