Text: H08151                            Text: H08153
Text: H08100 - H08199                   Text: H Index
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House Amendment 8152

Amendment Text

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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