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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