Text: H08151 Text: H08153 Text: H08100 - H08199 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend House File 2542 as follows: 1 2 #1. By striking everything after the enacting 1 3 clause and inserting the following: 1 4 "Section 1. NEW SECTION. 135C.49 NURSING 1 5 FACILITY RESIDENT BILL OF RIGHTS. 1 6 1. A resident of a nursing facility, as defined in 1 7 section 135C.1, shall not be deprived of any civil or 1 8 legal rights, benefits, or privileges guaranteed by 1 9 law. Every resident of a nursing facility shall have 1 10 the right to all of the following: 1 11 a. To live in a safe and decent environment, free 1 12 from abuse and neglect. 1 13 b. To be treated with consideration, respect, 1 14 dignity, individuality, and privacy. 1 15 c. To retain and use personal clothing and other 1 16 personal items in the resident's immediate living 1 17 quarters in order to maintain individuality and 1 18 personal dignity, unless a personal item is proven to 1 19 be unsafe, impractical, or an infringement on the 1 20 rights of other residents. 1 21 d. To unrestricted private communications, 1 22 including, but not limited to, the right to receive 1 23 and send unopened written correspondence, and to have 1 24 telephone access and personal visits, at any 1 25 reasonable time. Upon the resident's request, the 1 26 nursing facility shall provide extended visiting hours 1 27 for caregivers and out-of-town visitors. 1 28 e. To participate in and benefit from community 1 29 services and activities. 1 30 f. To manage personal finances. The resident, or 1 31 the resident's personal representative, designee, 1 32 guardian, or attorney in fact may authorize the 1 33 nursing facility administrator to provide a secure 1 34 location for the resident's personal funds and 1 35 accounts. 1 36 g. To share a room with a resident spouse. 1 37 h. To regular exercise both in and outside of the 1 38 nursing facility several times during the week. 1 39 i. To exercise civil and religious liberties, 1 40 including the right to make independent personal 1 41 decisions. A religious belief or practice shall not 1 42 be imposed on any resident. 1 43 j. To adequate and appropriate health care 1 44 consistent with established and recognized standards 1 45 in the health care field. 1 46 k. To reasonable notice of a relocation or 1 47 termination of residency in a nursing facility, unless 1 48 required for emergency purposes or unless the resident 1 49 engages in a pattern of conduct that is harmful or 1 50 offensive to the other residents. 2 1 l. To present grievances and recommend changes in 2 2 policies, procedures, and services to the nursing 2 3 facility staff and administration, without restraint, 2 4 interference, coercion, discrimination, or reprisal. 2 5 A nursing facility shall establish a grievance 2 6 procedure to facilitate a resident's exercise of this 2 7 right. This right also includes the right to be a 2 8 member of and participate in advocacy or special 2 9 interest groups. 2 10 2. The administrator of a nursing facility shall 2 11 post written notice of a resident's rights, 2 12 obligations, and prohibitions as specified in 2 13 subsection 1, in a prominent location in the nursing 2 14 facility. The notice shall be reviewed with each 2 15 resident and shall include the name, address, and 2 16 telephone number of the nursing facility's resident 2 17 advocate committee and long-term care ombudsman. The 2 18 nursing facility shall provide a resident telephone 2 19 access to contact the appropriate authority if 2 20 necessary. 2 21 3. The nursing facility shall not prevent a 2 22 resident from exercising any of the resident rights 2 23 specified in subsection 1. 2 24 4. A facility or an employee of a facility shall 2 25 not take any retaliatory action against a resident who 2 26 does any of the following: 2 27 a. Exercises any right specified in subsection 1. 2 28 b. Appears as a witness in any hearing. 2 29 c. Files a civil action or contacts law 2 30 enforcement concerning a suspected violation of any of 2 31 the rights specified in subsection 1. 2 32 5. A person who submits or reports a complaint 2 33 concerning a suspected violation of any of the rights 2 34 specified in subsection 1, or who testifies in any 2 35 administrative or judicial proceeding arising from 2 36 such a complaint, shall have immunity from any civil 2 37 or criminal liability, unless the person has acted in 2 38 bad faith or with malicious intent." 2 39 #2. Title page, by striking lines 1 through 3 and 2 40 inserting the following: "An Act providing for a 2 41 nursing facility resident bill of rights." 2 42 2 43 2 44 2 45 DOTZLER of Black Hawk 2 46 HF 2542.705 79 2 47 rh/cls
Text: H08151 Text: H08153 Text: H08100 - H08199 Text: H Index Bills and Amendments: General Index Bill History: General Index
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