Text: HF00277 Text: HF00279 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 135C.11, subsection 2, Code 1999, is 1 2 amended to read as follows: 1 3 2. The procedure governing hearings authorized by this 1 4 section shall be in accordance with the rules promulgated by 1 5 the department. A full and complete record shall be kept of 1 6 all proceedings, and all testimony shall be reported but need 1 7 not be transcribed unless judicial review is sought pursuant 1 8 to section 135C.13. Copies of the transcript may be obtained 1 9 by an interested party upon payment of the cost of preparing 1 10 the copies. Witnesses may be subpoenaed by either party and 1 11 shall be allowed fees at a rate prescribed by the department's 1 12 rules. The director may, after advising thecare review1 13 resident advocate committee established pursuant to section 1 14 135C.25, either proceed in accordance with section 135C.30, or 1 15 remove all residents and suspend the license or licenses of 1 16 any health care facility, prior to a hearing, when the 1 17 director finds that the health or safety of residents of the 1 18 health care facility requires such action on an emergency 1 19 basis. The fact that nocare reviewresident advocate 1 20 committee has been appointed for a particular facility shall 1 21 not bar the director from exercising the emergency powers 1 22 granted by this subsection with respect to that facility. 1 23 Sec. 2. Section 135C.13, Code 1999, is amended to read as 1 24 follows: 1 25 135C.13 JUDICIAL REVIEW. 1 26 Judicial review of any action of the director may be sought 1 27 in accordance with the terms of the Iowa administrative 1 28 procedure Act. Notwithstanding the terms of said Act, 1 29 petitions for judicial review may be filed in the district 1 30 court of the county where the facility or proposed facility is 1 31 located, and pending final disposition of the matter the 1 32 status quo of the applicant or licensee shall be preserved 1 33 except when the director, with the advice and consent of the 1 34care reviewresident advocate committee established pursuant 1 35 to section 135C.25, determines that the health, safety or 2 1 welfare of the residents of the facility is in immediate 2 2 danger, in which case the director may order the immediate 2 3 removal of such residents. The fact that nocare review2 4 resident advocate committee has been appointed for a 2 5 particular facility shall not bar the director from exercising 2 6 the emergency powers granted by this subsection with respect 2 7 to that facility. 2 8 Sec. 3. Section 135C.14, subsection 8, paragraph d, Code 2 9 1999, is amended to read as follows: 2 10 d. The notification ofcare reviewresident advocate 2 11 committees by the department of all complaints relating to 2 12 health care facilities and the involvement of thecare review2 13 resident advocate committees in resolution of the complaints. 2 14 Sec. 4. Section 135C.20A, subsection 2, Code 1999, is 2 15 amended to read as follows: 2 16 2. The report card form shall be developed by the 2 17 department in cooperation with representatives of the 2 18 department of elder affairs, the state long-term care 2 19 resident's advocate, representatives ofcare reviewresident 2 20 advocate committees, representatives of protection and 2 21 advocacy entities, consumers, and other interested persons. 2 22 Sec. 5. Section 135C.25, Code 1999, is amended to read as 2 23 follows: 2 24 135C.25CARE REVIEWRESIDENT ADVOCATE COMMITTEE 2 25 APPOINTMENTS DUTIES DISCLOSURE LIABILITY. 2 26 1. Each health care facility shall have acare review2 27 resident advocate committee whose members shall be appointed 2 28 by the director of the department of elder affairs or the 2 29 director's designee. A person shall not be appointed a member 2 30 of acare reviewresident advocate committee for a health care 2 31 facility unless the person is a resident of the service area 2 32 where the facility is located. Thecare reviewresident 2 33 advocate committee for any facility caring primarily for 2 34 persons with mental illness, mental retardation, or a 2 35 developmental disability shall only be appointed after 3 1 consultation with the administrator of the division of mental 3 2 health and developmental disabilities of the department of 3 3 human services on the proposed appointments. Recommendations 3 4 to the director or the director's designee for membership on 3 5care reviewresident advocate committees are encouraged from 3 6 any agency, organization, or individual. The administrator of 3 7 the facility shall not be appointed to thecare review3 8 resident advocate committee and shall not be present at 3 9 committee meetings except upon request of the committee. 3 10 2. Eachcare reviewresident advocate committee shall 3 11 periodically review the needs of each individual resident of 3 12 the facility and shall perform the functions pursuant to 3 13 sections 135C.38 and 231.44. 3 14 3. A health care facility shall disclose the names, 3 15 addresses, and phone numbers of a resident's family members, 3 16 if requested, to acare reviewresident advocate committee 3 17 member, unless permission for this disclosure is refused in 3 18 writing by the family member. The facility shall provide a 3 19 form on which a family member may indicate a refusal to grant 3 20 this permission. 3 21 4. Neither the state nor anycare reviewresident advocate 3 22 committee member is liable for an action by acare review3 23 resident advocate committee member in the performance of duty, 3 24 if the action is undertaken and carried out in good faith. 3 25 Sec. 6. Section 135C.37, Code 1999, is amended to read as 3 26 follows: 3 27 135C.37 COMPLAINTS ALLEGING VIOLATIONS CONFIDENTIALITY. 3 28 A person may request an inspection of a health care 3 29 facility by filing with the department,care reviewresident 3 30 advocate committee of the facility, or the long-term care 3 31 resident's advocate as defined in section 231.4, subsection 3 32 16, a complaint of an alleged violation of applicable 3 33 requirements of this chapter or the rules adopted pursuant to 3 34 this chapter. A person alleging abuse or neglect of a 3 35 resident with a developmental disability or with mental 4 1 illness may also file a complaint with the protection and 4 2 advocacy agency designated pursuant to section 135B.9 or 4 3 section 135C.2. A copy of a complaint filed with thecare4 4reviewresident advocate committee or the long-term care 4 5 resident's advocate shall be forwarded to the department. The 4 6 complaint shall state in a reasonably specific manner the 4 7 basis of the complaint, and a statement of the nature of the 4 8 complaint shall be delivered to the facility involved at the 4 9 time of the inspection. The name of the person who files a 4 10 complaint with the department,care reviewresident advocate 4 11 committee, or the long-term care resident's advocate shall be 4 12 kept confidential and shall not be subject to discovery, 4 13 subpoena, or other means of legal compulsion for its release 4 14 to a person other than department employees involved in the 4 15 investigation of the complaint. 4 16 Sec. 7. Section 135C.38, subsection 1, paragraphs a and c, 4 17 Code 1999, are amended to read as follows: 4 18 a. Upon receipt of a complaint made in accordance with 4 19 section 135C.37, the department orcare reviewresident 4 20 advocate committee shall make a preliminary review of the 4 21 complaint. Unless the department or committee concludes that 4 22 the complaint is intended to harass a facility or a licensee 4 23 or is without reasonable basis, it shall within twenty working 4 24 days of receipt of the complaint make or cause to be made an 4 25 on-site inspection of the health care facility which is the 4 26 subject of the complaint. 4 27 c. The department may refer to thecare reviewresident 4 28 advocate committee of a facility any complaint received by the 4 29 department regarding that facility, for initial evaluation and 4 30 appropriate action by the committee. 4 31 Sec. 8. Section 135C.38, subsection 4, Code 1999, is 4 32 amended to read as follows: 4 33 4. If upon an inspection of a facility by itscare review4 34 resident advocate committee, pursuant to this section, the 4 35 committee advises the department of any circumstance believed 5 1 to constitute a violation of this chapter or of any rule 5 2 adopted pursuant to it, the committee shall similarly advise 5 3 the facility at the same time. If the facility's licensee or 5 4 administrator disagrees with the conclusion of the committee 5 5 regarding the supposed violation, an informal conference may 5 6 be requested and if requested shall be arranged by the 5 7 department as provided in section 135C.42 before a citation is 5 8 issued. If the department thereafter issues a citation 5 9 pursuant to the committee's finding, the facility shall not be 5 10 entitled to a second informal conference on the same violation 5 11 and the citation shall be considered affirmed. The facility 5 12 cited may proceed under section 135C.43 if it so desires. 5 13 Sec. 9. Section 225C.4, subsection 1, paragraph n, Code 5 14 1999, is amended to read as follows: 5 15 n. Provide consultation and technical assistance to 5 16 patients' advocates appointed pursuant to section 229.19, in 5 17 cooperation with the judicial branch and thecare review5 18 resident advocate committees appointed for health care 5 19 facilities pursuant to section 135C.25. 5 20 Sec. 10. Section 227.2, subsection 2, Code 1999, is 5 21 amended to read as follows: 5 22 2. A copy of the written report prescribed by subsection 1 5 23 shall be furnished to the county board of supervisors, to the 5 24 county mental health and mental retardation coordinating board 5 25 or to its advisory board if the county board of supervisors 5 26 constitutes ex officio the coordinating board, to the 5 27 administrator of the county care facility inspected and to its 5 28care reviewresident advocate committee, and to the department 5 29 of elder affairs. 5 30 Sec. 11. Section 227.4, Code 1999, is amended to read as 5 31 follows: 5 32 227.4 STANDARDS FOR CARE OF PERSONS WITH MENTAL ILLNESS OR 5 33 MENTAL RETARDATION IN COUNTY CARE FACILITIES. 5 34 The administrator, in cooperation with the department of 5 35 inspections and appeals, shall recommend, and the mental 6 1 health and developmental disabilities commission created in 6 2 section 225C.5 shall adopt standards for the care of and 6 3 services to persons with mental illness or mental retardation 6 4 residing in county care facilities. The standards shall be 6 5 enforced by the department of inspections and appeals as a 6 6 part of the licensure inspection conducted pursuant to chapter 6 7 135C. The objective of the standards is to ensure that 6 8 persons with mental illness or mental retardation who are 6 9 residents of county care facilities are not only adequately 6 10 fed, clothed, and housed, but are also offered reasonable 6 11 opportunities for productive work and recreational activities 6 12 suited to their physical and mental abilities and offering 6 13 both a constructive outlet for their energies and, if 6 14 possible, therapeutic benefit. When recommending standards 6 15 under this section, the administrator shall designate an 6 16 advisory committee representing administrators of county care 6 17 facilities, county mental health and developmental 6 18 disabilities regional planning councils, and county care 6 19 facilitycare reviewresident advocate committees to assist in 6 20 the establishment of standards. 6 21 Sec. 12. Section 231.33, subsection 21, Code 1999, is 6 22 amended to read as follows: 6 23 21. Submit a report to the department of elder affairs 6 24 every six months, of the name of each health care facility in 6 25 its area for which thecare reviewresident advocate committee 6 26 has failed to submit the report required by rules adopted 6 27 pursuant to section 231.44. 6 28 Sec. 13. Section 231.42, subsection 6, Code 1999, is 6 29 amended to read as follows: 6 30 6. Administer thecare reviewresident advocate committee 6 31 program. 6 32 Sec. 14. Section 231.44, Code 1999, is amended to read as 6 33 follows: 6 34 231.44CARE REVIEWRESIDENT ADVOCATE COMMITTEE DUTIES 6 35 DISCLOSURE LIABILITY. 7 1 1. Thecare reviewresident advocate committee program is 7 2 administered by the long-term care resident's advocate 7 3 program. 7 4 2. The responsibilities of thecare reviewresident 7 5 advocate committee are in accordance with the rules adopted by 7 6 the commission pursuant to chapter 17A. When adopting the 7 7 rules, the commission shall consider the needs of residents of 7 8 each category of licensed health care facility as defined in 7 9 section 135C.1, subsection 6, and the services each facility 7 10 may render. The commission shall coordinate the development 7 11 of rules with the mental health and developmental disabilities 7 12 commission created in section 225C.5 to the extent the rules 7 13 would apply to a facility primarily serving persons with 7 14 mental illness, mental retardation, or a developmental 7 15 disability. The commission shall coordinate the development 7 16 of appropriate rules with other state agencies. 7 17 3. A health care facility shall disclose the names, 7 18 addresses, and phone numbers of a resident's family members, 7 19 if requested, to acare reviewresident advocate committee 7 20 member, unless permission for this disclosure is refused in 7 21 writing by a family member. 7 22 4. Neither the state nor anycare reviewresident advocate 7 23 committee member is liable for an action undertaken by acare7 24reviewresident advocate committee member in the performance 7 25 of duty, if the action is undertaken and carried out in good 7 26 faith. 7 27 Sec. 15. Section 231A.2, subsections 2, 3, 4, and 8, Code 7 28 1999, are amended to read as follows: 7 29 2. If, following a visitation, thecare reviewresident 7 30 advocate committee finds that the needs of all of the 7 31 residents of an elder family home are not being adequately 7 32 met, thecare reviewresident advocate committee shall notify 7 33 the appropriate area agency on aging. The area agency on 7 34 aging shall cause to be performed a complete assessment of any 7 35 of the residents whose needs are not being met. If, following 8 1 the full assessment, thecare reviewresident advocate 8 2 committee determines that any of the residents require 8 3 additional services to meet the needs of the resident, the 8 4care reviewresident advocate committee shall inform the 8 5 responsible party that unless the resident relocates to a 8 6 facility which is able to provide necessary services, the 8 7 elder family home will no longer be designated as an elder 8 8 family home and will no longer be in compliance with zoning 8 9 requirements. The department shall notify the city council or 8 10 the county board of supervisors if an elder family home is 8 11 found to no longer be in compliance. 8 12 3. If the responsible party does not comply with the 8 13 recommendations of thecare reviewresident advocate committee 8 14 pursuant to subsection 2, the elder family home shall lose its 8 15 designation for the purposes of zoning. 8 16 4. If thecare reviewresident advocate committee has 8 17 probable cause to believe that any elder family home is in 8 18 fact acting as a health care facility as defined under chapter 8 19 135C, upon producing identification that an individual is an 8 20 inspector, an inspector of the department of inspections and 8 21 appeals may enter the elder family home to determine if the 8 22 home is in fact operating as an unlicensed health care 8 23 facility. If the inspector is denied entrance, the inspector 8 24 may, with the assistance of the county attorney in the county 8 25 in which the elder family home is located, apply to the 8 26 district court for an order requiring the responsible party to 8 27 permit entry and inspection. 8 28 8. The commission shall adopt by rule procedures for 8 29 appointing members of acare reviewresident advocate 8 30 committee for each elder family home. To the maximum extent 8 31 possible, thecare reviewresident advocate committee 8 32 appointed for an elder family home shall include a person 8 33 involved in a local retired senior volunteer program. The 8 34 rules shall incorporate the provisions, if applicable, for 8 35care reviewresident advocate committees pursuant to sections 9 1 135C.25, 135C.38, and 231.44. 9 2 Sec. 16. Section 231B.2, subsection 2, paragraphs g and h, 9 3 Code 1999, are amended to read as follows: 9 4 g. The commission of elder affairs shall adopt by rule 9 5 procedures for appointing members ofcare reviewresident 9 6 advocate committees for elder group homes. 9 7 h. Notwithstanding any other requirements relating to 9 8 performance of visitations or meetings of acare review9 9 resident advocate committee, acare reviewresident advocate 9 10 committee appointed for an elder group home shall perform no 9 11 more than four visitations, annually, to fulfill the duties of 9 12 thecare reviewresident advocate committee in relation to the 9 13 elder group home. 9 14 Sec. 17. Section 235B.3, subsection 2, paragraph f, Code 9 15 1999, is amended to read as follows: 9 16 f. A person who performs inspections of elder group homes 9 17 for the department of elder affairs and acare reviewresident 9 18 advocate committee member assigned to an elder group home 9 19 pursuant to chapter 231B. 9 20 Sec. 18. Section 669.14, subsection 12, Code 1999, is 9 21 amended to read as follows: 9 22 12. Any claim based upon the actions of acare review9 23 resident advocate committee member in the performance of duty 9 24 if the action is undertaken and carried out in good faith. 9 25 EXPLANATION 9 26 This bill changes the name of care review committee to 9 27 resident advocate committee throughout the Code. 9 28 LSB 1510HH 78 9 29 pf/jw/5
Text: HF00277 Text: HF00279 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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