Text: HF00378                           Text: HF00380
Text: HF00300 - HF00399                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

House File 379

Partial Bill History

Bill Text

PAG LIN
  1  1                                              HOUSE FILE 379
  1  2 
  1  3                             AN ACT 
  1  4 CHANGING THE NAME OF CARE REVIEW COMMITTEE TO RESIDENT ADVOCATE 
  1  5    COMMITTEE.  
  1  6 
  1  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  8 
  1  9    Section 1.  Section 135C.11, subsection 2, Code 1999, is
  1 10 amended to read as follows:
  1 11    2.  The procedure governing hearings authorized by this
  1 12 section shall be in accordance with the rules promulgated by
  1 13 the department.  A full and complete record shall be kept of
  1 14 all proceedings, and all testimony shall be reported but need
  1 15 not be transcribed unless judicial review is sought pursuant
  1 16 to section 135C.13.  Copies of the transcript may be obtained
  1 17 by an interested party upon payment of the cost of preparing
  1 18 the copies.  Witnesses may be subpoenaed by either party and
  1 19 shall be allowed fees at a rate prescribed by the department's
  1 20 rules.  The director may, after advising the care review
  1 21 resident advocate committee established pursuant to section
  1 22 135C.25, either proceed in accordance with section 135C.30, or
  1 23 remove all residents and suspend the license or licenses of
  1 24 any health care facility, prior to a hearing, when the
  1 25 director finds that the health or safety of residents of the
  1 26 health care facility requires such action on an emergency
  1 27 basis.  The fact that no care review resident advocate
  1 28 committee has been appointed for a particular facility shall
  1 29 not bar the director from exercising the emergency powers
  1 30 granted by this subsection with respect to that facility.
  1 31    Sec. 2.  Section 135C.13, Code 1999, is amended to read as
  1 32 follows:
  1 33    135C.13  JUDICIAL REVIEW.
  1 34    Judicial review of any action of the director may be sought
  1 35 in accordance with the terms of the Iowa administrative
  2  1 procedure Act.  Notwithstanding the terms of said Act,
  2  2 petitions for judicial review may be filed in the district
  2  3 court of the county where the facility or proposed facility is
  2  4 located, and pending final disposition of the matter the
  2  5 status quo of the applicant or licensee shall be preserved
  2  6 except when the director, with the advice and consent of the
  2  7 care review resident advocate committee established pursuant
  2  8 to section 135C.25, determines that the health, safety or
  2  9 welfare of the residents of the facility is in immediate
  2 10 danger, in which case the director may order the immediate
  2 11 removal of such residents.  The fact that no care review
  2 12 resident advocate committee has been appointed for a
  2 13 particular facility shall not bar the director from exercising
  2 14 the emergency powers granted by this subsection with respect
  2 15 to that facility.
  2 16    Sec. 3.  Section 135C.14, subsection 8, paragraph d, Code
  2 17 1999, is amended to read as follows:
  2 18    d.  The notification of care review resident advocate
  2 19 committees by the department of all complaints relating to
  2 20 health care facilities and the involvement of the care review
  2 21 resident advocate committees in resolution of the complaints.
  2 22    Sec. 4.  Section 135C.20A, subsection 2, Code 1999, is
  2 23 amended to read as follows:
  2 24    2.  The report card form shall be developed by the
  2 25 department in cooperation with representatives of the
  2 26 department of elder affairs, the state long-term care
  2 27 resident's advocate, representatives of care review resident
  2 28 advocate committees, representatives of protection and
  2 29 advocacy entities, consumers, and other interested persons.
  2 30    Sec. 5.  Section 135C.25, Code 1999, is amended to read as
  2 31 follows:
  2 32    135C.25  CARE REVIEW RESIDENT ADVOCATE COMMITTEE
  2 33 APPOINTMENTS – DUTIES – DISCLOSURE – LIABILITY.
  2 34    1.  Each health care facility shall have a care review
  2 35 resident advocate committee whose members shall be appointed
  3  1 by the director of the department of elder affairs or the
  3  2 director's designee.  A person shall not be appointed a member
  3  3 of a care review resident advocate committee for a health care
  3  4 facility unless the person is a resident of the service area
  3  5 where the facility is located.  The care review resident
  3  6 advocate committee for any facility caring primarily for
  3  7 persons with mental illness, mental retardation, or a
  3  8 developmental disability shall only be appointed after
  3  9 consultation with the administrator of the division of mental
  3 10 health and developmental disabilities of the department of
  3 11 human services on the proposed appointments.  Recommendations
  3 12 to the director or the director's designee for membership on
  3 13 care review resident advocate committees are encouraged from
  3 14 any agency, organization, or individual.  The administrator of
  3 15 the facility shall not be appointed to the care review
  3 16 resident advocate committee and shall not be present at
  3 17 committee meetings except upon request of the committee.
  3 18    2.  Each care review resident advocate committee shall
  3 19 periodically review the needs of each individual resident of
  3 20 the facility and shall perform the functions pursuant to
  3 21 sections 135C.38 and 231.44.
  3 22    3.  A health care facility shall disclose the names,
  3 23 addresses, and phone numbers of a resident's family members,
  3 24 if requested, to a care review resident advocate committee
  3 25 member, unless permission for this disclosure is refused in
  3 26 writing by the family member.  The facility shall provide a
  3 27 form on which a family member may indicate a refusal to grant
  3 28 this permission.
  3 29    4.  Neither the state nor any care review resident advocate
  3 30 committee member is liable for an action by a care review
  3 31 resident advocate committee member in the performance of duty,
  3 32 if the action is undertaken and carried out in good faith.
  3 33    Sec. 6.  Section 135C.37, Code 1999, is amended to read as
  3 34 follows:
  3 35    135C.37  COMPLAINTS ALLEGING VIOLATIONS – CONFIDENTIALITY.
  4  1    A person may request an inspection of a health care
  4  2 facility by filing with the department, care review resident
  4  3 advocate committee of the facility, or the long-term care
  4  4 resident's advocate as defined in section 231.4, subsection
  4  5 16, a complaint of an alleged violation of applicable
  4  6 requirements of this chapter or the rules adopted pursuant to
  4  7 this chapter.  A person alleging abuse or neglect of a
  4  8 resident with a developmental disability or with mental
  4  9 illness may also file a complaint with the protection and
  4 10 advocacy agency designated pursuant to section 135B.9 or
  4 11 section 135C.2.  A copy of a complaint filed with the care
  4 12 review resident advocate committee or the long-term care
  4 13 resident's advocate shall be forwarded to the department.  The
  4 14 complaint shall state in a reasonably specific manner the
  4 15 basis of the complaint, and a statement of the nature of the
  4 16 complaint shall be delivered to the facility involved at the
  4 17 time of the inspection.  The name of the person who files a
  4 18 complaint with the department, care review resident advocate
  4 19 committee, or the long-term care resident's advocate shall be
  4 20 kept confidential and shall not be subject to discovery,
  4 21 subpoena, or other means of legal compulsion for its release
  4 22 to a person other than department employees involved in the
  4 23 investigation of the complaint.
  4 24    Sec. 7.  Section 135C.38, subsection 1, paragraphs a and c,
  4 25 Code 1999, are amended to read as follows:
  4 26    a.  Upon receipt of a complaint made in accordance with
  4 27 section 135C.37, the department or care review resident
  4 28 advocate committee shall make a preliminary review of the
  4 29 complaint.  Unless the department or committee concludes that
  4 30 the complaint is intended to harass a facility or a licensee
  4 31 or is without reasonable basis, it shall within twenty working
  4 32 days of receipt of the complaint make or cause to be made an
  4 33 on-site inspection of the health care facility which is the
  4 34 subject of the complaint.
  4 35    c.  The department may refer to the care review resident
  5  1 advocate committee of a facility any complaint received by the
  5  2 department regarding that facility, for initial evaluation and
  5  3 appropriate action by the committee.
  5  4    Sec. 8.  Section 135C.38, subsection 4, Code 1999, is
  5  5 amended to read as follows:
  5  6    4.  If upon an inspection of a facility by its care review
  5  7 resident advocate committee, pursuant to this section, the
  5  8 committee advises the department of any circumstance believed
  5  9 to constitute a violation of this chapter or of any rule
  5 10 adopted pursuant to it, the committee shall similarly advise
  5 11 the facility at the same time.  If the facility's licensee or
  5 12 administrator disagrees with the conclusion of the committee
  5 13 regarding the supposed violation, an informal conference may
  5 14 be requested and if requested shall be arranged by the
  5 15 department as provided in section 135C.42 before a citation is
  5 16 issued.  If the department thereafter issues a citation
  5 17 pursuant to the committee's finding, the facility shall not be
  5 18 entitled to a second informal conference on the same violation
  5 19 and the citation shall be considered affirmed.  The facility
  5 20 cited may proceed under section 135C.43 if it so desires.
  5 21    Sec. 9.  Section 225C.4, subsection 1, paragraph n, Code
  5 22 1999, is amended to read as follows:
  5 23    n.  Provide consultation and technical assistance to
  5 24 patients' advocates appointed pursuant to section 229.19, in
  5 25 cooperation with the judicial branch and the care review
  5 26 resident advocate committees appointed for health care
  5 27 facilities pursuant to section 135C.25.
  5 28    Sec. 10.  Section 227.2, subsection 2, Code 1999, is
  5 29 amended to read as follows:
  5 30    2.  A copy of the written report prescribed by subsection 1
  5 31 shall be furnished to the county board of supervisors, to the
  5 32 county mental health and mental retardation coordinating board
  5 33 or to its advisory board if the county board of supervisors
  5 34 constitutes ex officio the coordinating board, to the
  5 35 administrator of the county care facility inspected and to its
  6  1 care review resident advocate committee, and to the department
  6  2 of elder affairs.
  6  3    Sec. 11.  Section 227.4, Code 1999, is amended to read as
  6  4 follows:
  6  5    227.4  STANDARDS FOR CARE OF PERSONS WITH MENTAL ILLNESS OR
  6  6 MENTAL RETARDATION IN COUNTY CARE FACILITIES.
  6  7    The administrator, in cooperation with the department of
  6  8 inspections and appeals, shall recommend, and the mental
  6  9 health and developmental disabilities commission created in
  6 10 section 225C.5 shall adopt standards for the care of and
  6 11 services to persons with mental illness or mental retardation
  6 12 residing in county care facilities.  The standards shall be
  6 13 enforced by the department of inspections and appeals as a
  6 14 part of the licensure inspection conducted pursuant to chapter
  6 15 135C.  The objective of the standards is to ensure that
  6 16 persons with mental illness or mental retardation who are
  6 17 residents of county care facilities are not only adequately
  6 18 fed, clothed, and housed, but are also offered reasonable
  6 19 opportunities for productive work and recreational activities
  6 20 suited to their physical and mental abilities and offering
  6 21 both a constructive outlet for their energies and, if
  6 22 possible, therapeutic benefit.  When recommending standards
  6 23 under this section, the administrator shall designate an
  6 24 advisory committee representing administrators of county care
  6 25 facilities, county mental health and developmental
  6 26 disabilities regional planning councils, and county care
  6 27 facility care review resident advocate committees to assist in
  6 28 the establishment of standards.
  6 29    Sec. 12.  Section 231.33, subsection 21, Code 1999, is
  6 30 amended to read as follows:
  6 31    21.  Submit a report to the department of elder affairs
  6 32 every six months, of the name of each health care facility in
  6 33 its area for which the care review resident advocate committee
  6 34 has failed to submit the report required by rules adopted
  6 35 pursuant to section 231.44.
  7  1    Sec. 13.  Section 231.42, subsection 6, Code 1999, is
  7  2 amended to read as follows:
  7  3    6.  Administer the care review resident advocate committee
  7  4 program.
  7  5    Sec. 14.  Section 231.44, Code 1999, is amended to read as
  7  6 follows:
  7  7    231.44  CARE REVIEW RESIDENT ADVOCATE COMMITTEE – DUTIES
  7  8 – DISCLOSURE – LIABILITY.
  7  9    1.  The care review resident advocate committee program is
  7 10 administered by the long-term care resident's advocate
  7 11 program.
  7 12    2.  The responsibilities of the care review resident
  7 13 advocate committee are in accordance with the rules adopted by
  7 14 the commission pursuant to chapter 17A.  When adopting the
  7 15 rules, the commission shall consider the needs of residents of
  7 16 each category of licensed health care facility as defined in
  7 17 section 135C.1, subsection 6, and the services each facility
  7 18 may render.  The commission shall coordinate the development
  7 19 of rules with the mental health and developmental disabilities
  7 20 commission created in section 225C.5 to the extent the rules
  7 21 would apply to a facility primarily serving persons with
  7 22 mental illness, mental retardation, or a developmental
  7 23 disability.  The commission shall coordinate the development
  7 24 of appropriate rules with other state agencies.
  7 25    3.  A health care facility shall disclose the names,
  7 26 addresses, and phone numbers of a resident's family members,
  7 27 if requested, to a care review resident advocate committee
  7 28 member, unless permission for this disclosure is refused in
  7 29 writing by a family member.
  7 30    4.  Neither the state nor any care review resident advocate
  7 31 committee member is liable for an action undertaken by a care
  7 32 review resident advocate committee member in the performance
  7 33 of duty, if the action is undertaken and carried out in good
  7 34 faith.
  7 35    Sec. 15.  Section 231A.2, subsections 2, 3, 4, and 8, Code
  8  1 1999, are amended to read as follows:
  8  2    2.  If, following a visitation, the care review resident
  8  3 advocate committee finds that the needs of all of the
  8  4 residents of an elder family home are not being adequately
  8  5 met, the care review resident advocate committee shall notify
  8  6 the appropriate area agency on aging.  The area agency on
  8  7 aging shall cause to be performed a complete assessment of any
  8  8 of the residents whose needs are not being met.  If, following
  8  9 the full assessment, the care review resident advocate
  8 10 committee determines that any of the residents require
  8 11 additional services to meet the needs of the resident, the
  8 12 care review resident advocate committee shall inform the
  8 13 responsible party that unless the resident relocates to a
  8 14 facility which is able to provide necessary services, the
  8 15 elder family home will no longer be designated as an elder
  8 16 family home and will no longer be in compliance with zoning
  8 17 requirements.  The department shall notify the city council or
  8 18 the county board of supervisors if an elder family home is
  8 19 found to no longer be in compliance.
  8 20    3.  If the responsible party does not comply with the
  8 21 recommendations of the care review resident advocate committee
  8 22 pursuant to subsection 2, the elder family home shall lose its
  8 23 designation for the purposes of zoning.
  8 24    4.  If the care review resident advocate committee has
  8 25 probable cause to believe that any elder family home is in
  8 26 fact acting as a health care facility as defined under chapter
  8 27 135C, upon producing identification that an individual is an
  8 28 inspector, an inspector of the department of inspections and
  8 29 appeals may enter the elder family home to determine if the
  8 30 home is in fact operating as an unlicensed health care
  8 31 facility.  If the inspector is denied entrance, the inspector
  8 32 may, with the assistance of the county attorney in the county
  8 33 in which the elder family home is located, apply to the
  8 34 district court for an order requiring the responsible party to
  8 35 permit entry and inspection.
  9  1    8.  The commission shall adopt by rule procedures for
  9  2 appointing members of a care review resident advocate
  9  3 committee for each elder family home.  To the maximum extent
  9  4 possible, the care review resident advocate committee
  9  5 appointed for an elder family home shall include a person
  9  6 involved in a local retired senior volunteer program.  The
  9  7 rules shall incorporate the provisions, if applicable, for
  9  8 care review resident advocate committees pursuant to sections
  9  9 135C.25, 135C.38, and 231.44.
  9 10    Sec. 16.  Section 231B.2, subsection 2, paragraphs g and h,
  9 11 Code 1999, are amended to read as follows:
  9 12    g.  The commission of elder affairs shall adopt by rule
  9 13 procedures for appointing members of care review resident
  9 14 advocate committees for elder group homes.
  9 15    h.  Notwithstanding any other requirements relating to
  9 16 performance of visitations or meetings of a care review
  9 17 resident advocate committee, a care review resident advocate
  9 18 committee appointed for an elder group home shall perform no
  9 19 more than four visitations, annually, to fulfill the duties of
  9 20 the care review resident advocate committee in relation to the
  9 21 elder group home.
  9 22    Sec. 17.  Section 235B.3, subsection 2, paragraph f, Code
  9 23 1999, is amended to read as follows:
  9 24    f.  A person who performs inspections of elder group homes
  9 25 for the department of elder affairs and a care review resident
  9 26 advocate committee member assigned to an elder group home
  9 27 pursuant to chapter 231B.
  9 28    Sec. 18.  Section 669.14, subsection 12, Code 1999, is
  9 29 amended to read as follows:
  9 30    12.  Any claim based upon the actions of a care review
  9 31 resident advocate committee member in the performance of duty
  9 32 if the action is undertaken and carried out in good faith.  
  9 33 
  9 34 
  9 35                                                             
 10  1                               BRENT SIEGRIST
 10  2                               Speaker of the House
 10  3 
 10  4 
 10  5                                                             
 10  6                               MARY E. KRAMER
 10  7                               President of the Senate
 10  8 
 10  9    I hereby certify that this bill originated in the House and
 10 10 is known as House File 379, Seventy-eighth General Assembly.
 10 11 
 10 12 
 10 13                                                             
 10 14                               ELIZABETH ISAACSON
 10 15                               Chief Clerk of the House
 10 16 Approved                , 1999
 10 17 
 10 18 
 10 19                               
 10 20 THOMAS J. VILSACK
 10 21 Governor
     
Text: HF00378                           Text: HF00380
Text: HF00300 - HF00399                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

Return To Home index

© 1999 Cornell College and League of Women Voters of Iowa

Comments about this site or page? webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.

Last update: Wed Jan 12 05:55:23 CST 2000
URL: /DOCS/GA/78GA/Legislation/HF/00300/HF00379/990503.html
jhf