Text: HF00277                           Text: HF00279
Text: HF00200 - HF00299                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

House File 278

Partial Bill History

Bill Introduced: H.J. 346
Complete Bill History

Bill Text

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 the care review
  1 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 no care review resident 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 34 care review resident 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 no care review
  2  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 of care review resident advocate
  2 11 committees by the department of all complaints relating to
  2 12 health care facilities and the involvement of the care review
  2 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 of care review resident
  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.25  CARE REVIEW RESIDENT ADVOCATE COMMITTEE
  2 25 APPOINTMENTS – DUTIES – DISCLOSURE – LIABILITY.
  2 26    1.  Each health care facility shall have a care review
  2 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 a care review resident 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.  The care review resident
  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  5 care review resident advocate committees are encouraged from
  3  6 any agency, organization, or individual.  The administrator of
  3  7 the facility shall not be appointed to the care review
  3  8 resident advocate committee and shall not be present at
  3  9 committee meetings except upon request of the committee.
  3 10    2.  Each care review resident 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 a care review resident 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 any care review resident advocate
  3 22 committee member is liable for an action by a care review
  3 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 review resident
  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 the care
  4  4 review resident 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 review resident 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 or care review resident
  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 the care review resident
  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 its care review
  4 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 the care review
  5 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 28 care review resident 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 facility care review resident 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 the care review resident 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 the care review resident advocate committee
  6 31 program.
  6 32    Sec. 14.  Section 231.44, Code 1999, is amended to read as
  6 33 follows:
  6 34    231.44  CARE REVIEW RESIDENT ADVOCATE COMMITTEE – DUTIES
  6 35 – DISCLOSURE – LIABILITY.
  7  1    1.  The care review resident advocate committee program is
  7  2 administered by the long-term care resident's advocate
  7  3 program.
  7  4    2.  The responsibilities of the care review resident
  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 a care review resident 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 any care review resident advocate
  7 23 committee member is liable for an action undertaken by a care
  7 24 review resident 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, the care review resident
  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, the care review resident 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, the care review resident advocate
  8  2 committee determines that any of the residents require
  8  3 additional services to meet the needs of the resident, the
  8  4 care review resident 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 the care review resident 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 the care review resident 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 a care review resident advocate
  8 30 committee for each elder family home.  To the maximum extent
  8 31 possible, the care review resident 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 35 care review resident 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 of care review resident
  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 a care review
  9  9 resident advocate committee, a care review resident 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 the care review resident 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 a care review resident
  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 a care review
  9 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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