Text: HF00378 Text: HF00380 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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 thecare review1 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 nocare reviewresident 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 7care reviewresident 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 nocare review2 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 ofcare reviewresident advocate 2 19 committees by the department of all complaints relating to 2 20 health care facilities and the involvement of thecare review2 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 ofcare reviewresident 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.25CARE REVIEWRESIDENT ADVOCATE COMMITTEE 2 33 APPOINTMENTS DUTIES DISCLOSURE LIABILITY. 2 34 1. Each health care facility shall have acare review2 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 acare reviewresident 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. Thecare reviewresident 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 13care reviewresident advocate committees are encouraged from 3 14 any agency, organization, or individual. The administrator of 3 15 the facility shall not be appointed to thecare review3 16 resident advocate committee and shall not be present at 3 17 committee meetings except upon request of the committee. 3 18 2. Eachcare reviewresident 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 acare reviewresident 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 anycare reviewresident advocate 3 30 committee member is liable for an action by acare review3 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 reviewresident 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 thecare4 12reviewresident 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 reviewresident 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 orcare reviewresident 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 thecare reviewresident 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 itscare review5 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 thecare review5 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 1care reviewresident 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 facilitycare reviewresident 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 thecare reviewresident 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 thecare reviewresident advocate committee 7 4 program. 7 5 Sec. 14. Section 231.44, Code 1999, is amended to read as 7 6 follows: 7 7 231.44CARE REVIEWRESIDENT ADVOCATE COMMITTEE DUTIES 7 8 DISCLOSURE LIABILITY. 7 9 1. Thecare reviewresident advocate committee program is 7 10 administered by the long-term care resident's advocate 7 11 program. 7 12 2. The responsibilities of thecare reviewresident 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 acare reviewresident 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 anycare reviewresident advocate 7 31 committee member is liable for an action undertaken by acare7 32reviewresident 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, thecare reviewresident 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, thecare reviewresident 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, thecare reviewresident advocate 8 10 committee determines that any of the residents require 8 11 additional services to meet the needs of the resident, the 8 12care reviewresident 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 thecare reviewresident 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 thecare reviewresident 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 acare reviewresident advocate 9 3 committee for each elder family home. To the maximum extent 9 4 possible, thecare reviewresident 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 8care reviewresident 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 ofcare reviewresident 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 acare review9 17 resident advocate committee, acare reviewresident 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 thecare reviewresident 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 acare reviewresident 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 acare review9 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
© 1999 Cornell College and League of Women Voters of Iowa
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