Text: HF00691 Text: HF00693 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 135C.20A, subsection 2, Code 1999, is 1 2 amended to read as follows: 1 3 2. The report card form shall be developed by the 1 4 department in cooperation with representatives of the 1 5 department of elder affairs, the state long-term care 1 6 resident'sadvocateombudsperson, representatives of care 1 7 review committees, representatives of protection and advocacy 1 8 entities, consumers, and other interested persons. 1 9 Sec. 2. Section 135C.37, Code 1999, is amended to read as 1 10 follows: 1 11 135C.37 COMPLAINTS ALLEGING VIOLATIONS – CONFIDENTIALITY. 1 12 A person may request an inspection of a health care 1 13 facility by filing with the department, care review committee 1 14 of the facility, or the state long-term care resident's1 15advocateombudsperson as defined in section 231.4,subsection1 1616,a complaint of an alleged violation of applicable 1 17 requirements of this chapter or the rules adopted pursuant to 1 18 this chapter. A person alleging abuse or neglect of a 1 19 resident with a developmental disability or with mental 1 20 illness may also file a complaint with the protection and 1 21 advocacy agency designated pursuant to section 135B.9 or 1 22 section 135C.2. A copy of a complaint filed with the care 1 23 review committee or the state long-term care resident's 1 24advocate shallombudsperson may be forwarded to the 1 25 department. The complaint shall state in a reasonably 1 26 specific manner the basis of the complaint, and a statement of 1 27 the nature of the complaint shall be delivered to the facility 1 28 involved at the time of the inspection. The name of the 1 29 person who files a complaint with the department, care review 1 30 committee, or the state long-term care resident'sadvocate1 31 ombudsperson shall be kept confidential and shall not be 1 32 subject to discovery, subpoena, or other means of legal 1 33 compulsion for its release to a person other than department 1 34 or the office of the state long-term care resident's 1 35 ombudsperson employees involved in the investigation of the 2 1 complaint. 2 2 Sec. 3. Section 135C.38, subsection 2, paragraph d, Code 2 3 1999, is amended to read as follows: 2 4 d. A person who is dissatisfied with any aspect of the 2 5 department's handling of the complaint may contact the state 2 6 long-term care resident'sadvocateombudsperson, established 2 7 pursuant to section 231.42, or may contact the protection and 2 8 advocacy agency designated pursuant to section 135C.2 if the 2 9 complaint relates to a resident with a developmental 2 10 disability or a mental illness. 2 11 Sec. 4. Section 231.4, Code 1999, is amended by adding the 2 12 following new subsection: 2 13 NEW SUBSECTION. 15A. "State long-term care resident's 2 14 ombudsperson" or "state resident's ombudsperson" means the 2 15 administrator of the state long-term care resident's 2 16 ombudsperson program. 2 17 Sec. 5. Section 231.4, subsection 16, Code 1999, is 2 18 amended to read as follows: 2 19 16."Resident's advocate"State long-term care resident's 2 20 ombudsperson program" or "state resident's ombudsperson 2 21 program" means the state long-term care resident'sadvocate2 22 ombudsperson program operated by the commission of elder 2 23 affairs and administered by the state long-term care 2 24 resident'sadvocateombudsperson. 2 25 Sec. 6. Section 231.33, subsection 18, Code 1999, is 2 26 amended to read as follows: 2 27 18. Coordinate activities in support of thestatewide2 28 state long-term care resident'sadvocateombudsperson program. 2 29 Sec. 7. Section 231.41, Code 1999, is amended to read as 2 30 follows: 2 31 231.41 PURPOSE. 2 32 The purpose of this subchapter is to establish the state 2 33 long-term care resident'sadvocateombudsperson program 2 34 operated by the Iowa commission of elder affairs in accordance 2 35 with the requirements of the Older Americans Act of 1965, and3 1to adopt the supporting federal regulations and guidelines for3 2its implementation. In accordance with chapter 17A, the 3 3 commission of elder affairs shall adopt and enforce rules for 3 4 the implementation of this subchapter. 3 5 Sec. 8. Section 231.42, Code 1999, is amended to read as 3 6 follows: 3 7 231.42 LONG-TERM CARE RESIDENT'SADVOCATEOMBUDSPERSON – 3 8 DUTIES. 3 9 The Iowa commission of elder affairs, in accordance with 3 10 section 3027(a)(12) of the federal Act, shall establish the 3 11 office of state long-term care resident'sadvocate3 12 ombudsperson within the commission. The state long-term care 3 13 resident'sadvocateombudsperson shall: 3 14 1. Investigate and resolve complaints about administrative 3 15 actions that may adversely affect the health, safety, welfare, 3 16 or rights ofelderlyresidents in long-term care facilities. 3 17 2. Monitor the development and implementation of federal, 3 18 state, and local laws, regulations, and policies that relate 3 19 to long-term care facilities in Iowa. 3 20 3. Provide information to other agencies and to the public 3 21 about the problems ofelderlyresidents in long-term care 3 22 facilities. 3 23 4. Train volunteers and assist in the development of 3 24 citizens' organizations to participate in thelong-term care3 25 state resident'sadvocateombudsperson program. 3 26 5. Carry out other activities consistent with the state 3 27 resident'sadvocateombudsperson provisions of the federal 3 28 Act. 3 29 6. Administer the care review committee program. 3 30 7. Report annually to the general assembly on the 3 31 activities of the state resident'sadvocateombudsperson 3 32 office. 3 33 8. a. Establish an area long-term care resident's 3 34 ombudsperson program in a designated entity in each of the 3 35 area agency on aging planning and service areas throughout the 4 1 state. The state resident's ombudsperson, in consultation 4 2 with the department, shall establish a procedure for 4 3 certification of an area long-term care resident's 4 4 ombudsperson. The certification procedure shall require, at a 4 5 minimum, that the area long-term care resident's ombudsperson 4 6 has demonstrated the capability to carry out the 4 7 responsibilities of the office, be free of conflicts of 4 8 interest, and meet any additional requirements as specified by 4 9 the state resident's ombudsperson. 4 10 b. The state resident's ombudsperson, the designated 4 11 entities in which area long-term care resident's ombudsperson 4 12 programs are established, and the area long-term care 4 13 resident's ombudsperson are not liable for any action 4 14 undertaken by an area long-term care resident's ombudsperson 4 15 in the performance of duty, if the action is undertaken and 4 16 carried out in good faith. 4 17 c. The area long-term care resident's ombudsperson shall 4 18 assist the state resident's ombudsperson by doing, at a 4 19 minimum, all of the following: 4 20 (1) Providing services to protect the health, safety, 4 21 welfare, and rights of residents in long-term care facilities. 4 22 (2) Ensuring that the residents of long-term care 4 23 facilities in the service area of the area long-term care 4 24 resident's ombudsperson program have regular, timely access to 4 25 the area long-term care resident's ombudsperson and are 4 26 provided timely responses to complaints and requests for 4 27 assistance. 4 28 (3) Identifying, investigating, and resolving complaints 4 29 and grievances regarding actions or omissions that may 4 30 adversely affect the health, safety, welfare, or rights of 4 31 residents in long-term care facilities. 4 32 (4) Representing the interests of residents of long-term 4 33 care facilities before government agencies and seeking 4 34 administrative, legal, and other remedies to protect the 4 35 health, safety, welfare, and rights of the residents of long- 5 1 term care facilities. 5 2 (5) Providing information to other agencies and to the 5 3 public about the problems of residents in long-term care 5 4 facilities and facilitating the ability of the public to 5 5 comment on laws, regulations, and policies which affect the 5 6 residents in long-term care. 5 7 (6) Reviewing, and, if necessary, commenting on any 5 8 existing and proposed laws, rules, and other government 5 9 policies and actions that pertain to the rights and well-being 5 10 of residents in long-term care facilities. 5 11 (7) Developing and assisting care review committees in the 5 12 performance of their duties through recruitment, training, and 5 13 publicity. 5 14 (8) Supporting the development of resident and family 5 15 councils. 5 16 (9) Assisting in the development of consumer organizations 5 17 to participate in the area long-term care resident's 5 18 ombudsperson program. 5 19 (10) Carrying out other activities that the state 5 20 resident's ombudsperson determines to be appropriate. 5 21 d. The department shall establish, in consultation with 5 22 the state resident's ombudsperson, policies and procedures for 5 23 monitoring area long-term care resident's ombudsperson 5 24 programs, the entities in which the programs are established, 5 25 and the area long-term care resident's ombudsperson. 5 26 9.The resident's advocate shall haveHave access to long- 5 27 term care facilities, private access to residents, access to 5 28 residents' personal, social, and medical records, and access 5 29 to other records maintained by the facilities or governmental 5 30 agencies only as necessary pertainingonlyto theperson on5 31whose behalf acomplaintisbeing investigated. An area long- 5 32 term care resident's ombudsperson shall have comparable access 5 33 to facilities, residents, and records as provided in this 5 34 paragraph if the area long-term care resident's ombudsperson 5 35 obtains consent from the resident or from the resident's legal 6 1 representative. If the resident is unable to provide consent 6 2 and the resident's legal representative refuses to consent to 6 3 the access, access shall be granted if the area long-term care 6 4 resident's ombudsperson has reasonable cause to believe that 6 5 the legal representative is not acting in the resident's best 6 6 interests and if the area long-term care resident's 6 7 ombudsperson obtains approval from the state long-term care 6 8 resident's ombudsperson. 6 9 Sec. 9. Section 231.43, subsection 3, Code 1999, is 6 10 amended to read as follows: 6 11 3. Procedures to enable thelong-term carestate 6 12 resident'sadvocateombudsperson and area long-term care 6 13 resident's ombudspersons to elicit, receive, and process 6 14 complaints regarding administrative actions which may 6 15 adversely affect the health, safety, welfare, or rights of 6 16elderlyresidents in long-term care facilities. 6 17 Sec. 10. Section 231.44, subsection 1, Code 1999, is 6 18 amended to read as follows: 6 19 1. The care review committee program is administered by 6 20 the state long-term care resident'sadvocateombudsperson 6 21 program. 6 22 Sec. 11. AREA LONG-TERM CARE RESIDENT'S OMBUDSPERSON 6 23 PROGRAM – DEMONSTRATION PROJECT – APPROPRIATION. There is 6 24 appropriated from the general fund of the state to the 6 25 department of elder affairs for the fiscal period beginning 6 26 July 1, 1999, and ending June 30, 2001, the following amount, 6 27 or so much thereof as is necessary, to be used for the purpose 6 28 designated: 6 29 For the establishment of a demonstration program beginning 6 30 July 1, 1999, and ending June 30, 2001, to create the position 6 31 of area long-term care resident's ombudsperson in each of 6 32 three area agency on aging planning and service areas in the 6 33 state to determine the efficacy of establishing an area 6 34 resident's ombudsperson program in all area agency on aging 6 35 planning and service area locations: 7 1 .................................................. $ 240,000 7 2 Notwithstanding section 8.33, the moneys appropriated in 7 3 this section that remain unencumbered and unobligated at the 7 4 end of each fiscal year shall not revert to the general fund 7 5 but shall remain available for expenditure during subsequent 7 6 fiscal years for the purposes for which originally 7 7 appropriated. 7 8 Sec. 12. EFFECTIVE DATE. Sections 1 through 10 of this 7 9 Act take effect July 1, 2000. 7 10 EXPLANATION 7 11 This bill makes changes in the office of the state long- 7 12 term care resident's advocate program, including changing 7 13 references throughout the Code to replace the "resident's 7 14 advocate program" with references to the "state long-term care 7 15 resident's ombudsperson program". The bill also provides for 7 16 establishment of area ombudsperson entities in each of the 7 17 area agency on aging planning and service areas. 7 18 The bill specifies the duties of the area ombudsperson, 7 19 provides for the establishment of area ombudsperson pilot 7 20 projects in three areas of the state, provides an 7 21 appropriation for the pilot project, and provides for future 7 22 expansion of the area programs statewide by making the 7 23 provisions not related to the pilot project effective July 1, 7 24 2000. 7 25 LSB 2738HH 78 7 26 pf/jw/5
Text: HF00691 Text: HF00693 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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