Text: HF02246                           Text: HF02248
Text: HF02200 - HF02299                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

House File 2247

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 135C.11, subsection 2, Code 2001, is
  1  2 amended to read as follows:
  1  3    2.  The procedure governing hearings authorized by this
  1  4 section shall be in accordance with the rules promulgated by
  1  5 the department.  A full and complete record shall be kept of
  1  6 all proceedings, and all testimony shall be reported but need
  1  7 not be transcribed unless judicial review is sought pursuant
  1  8 to section 135C.13.  Copies of the transcript may be obtained
  1  9 by an interested party upon payment of the cost of preparing
  1 10 the copies.  Witnesses may be subpoenaed by either party and
  1 11 shall be allowed fees at a rate prescribed by the department's
  1 12 rules.  The director may, after advising the resident advocate
  1 13 committee established pursuant to section 135C.25, either
  1 14 proceed in accordance with section 135C.30, or remove all
  1 15 residents and suspend the license or licenses of any health
  1 16 care facility, prior to a hearing, when the director finds
  1 17 that the health or safety of residents of the health care
  1 18 facility requires such action on an emergency basis.  The fact
  1 19 that no resident advocate committee has been appointed for a
  1 20 particular facility shall not bar the director from exercising
  1 21 the emergency powers granted by this subsection with respect
  1 22 to that facility.
  1 23    Sec. 2.  Section 135C.13, Code 2001, is amended to read as
  1 24 follows:
  1 25    135C.13  JUDICIAL REVIEW.
  1 26    Judicial review of any action of the director may be sought
  1 27 in accordance with the terms of the Iowa administrative
  1 28 procedure Act.  Notwithstanding the terms of said Act,
  1 29 petitions for judicial review may be filed in the district
  1 30 court of the county where the facility or proposed facility is
  1 31 located, and pending final disposition of the matter the
  1 32 status quo of the applicant or licensee shall be preserved
  1 33 except when the director, with the advice and consent of the
  1 34 resident advocate committee established pursuant to section
  1 35 135C.25, determines that the health, safety or welfare of the
  2  1 residents of the facility is in immediate danger, in which
  2  2 case the director may order the immediate removal of such
  2  3 residents.  The fact that no resident advocate committee has
  2  4 been appointed for a particular facility shall not bar the
  2  5 director from exercising the emergency powers granted by this
  2  6 subsection with respect to that facility.
  2  7    Sec. 3.  Section 135C.14, subsection 8, paragraph d, Code
  2  8 Supplement 2001, is amended by striking the paragraph.
  2  9    Sec. 4.  Section 135C.20B, subsection 2, paragraph c, Code
  2 10 2001, is amended to read as follows:
  2 11    c.  Any information submitted by care review resident
  2 12 advocate committee members or residents with regard to the
  2 13 quality of care of the facility.
  2 14    Sec. 5.  Section 135C.25, subsections 1, 2, and 3, Code
  2 15 2001, are amended to read as follows:
  2 16    1.  Each health nursing facility and residential care
  2 17 facility excluding residential care facilities licensed to
  2 18 serve only persons with mental illness or mental retardation
  2 19 and county and private institutions regulated pursuant to
  2 20 chapter 227 shall have a resident advocate committee whose
  2 21 members shall be appointed by the director of the department
  2 22 of elder affairs or the director's designee.  A person shall
  2 23 not be appointed a member of a resident advocate committee for
  2 24 a health care facility unless the person is a resident of the
  2 25 service area where the facility is located.  The resident
  2 26 advocate committee for any facility caring primarily for
  2 27 persons with mental illness, mental retardation, or a
  2 28 developmental disability shall only be appointed after
  2 29 consultation with the administrator of the division of mental
  2 30 health and developmental disabilities of the department of
  2 31 human services on the proposed appointments.  Recommendations
  2 32 to the director or the director's designee for membership on
  2 33 resident advocate committees are encouraged from any agency,
  2 34 organization, or individual.  The administrator of the
  2 35 facility shall not be appointed to the resident advocate
  3  1 committee and shall not be present at committee meetings
  3  2 except upon request of the committee.
  3  3    2.  Each resident advocate committee shall periodically
  3  4 review the needs of each individual resident of the facility
  3  5 and shall perform the functions pursuant to sections 135C.38
  3  6 and section 231.44.
  3  7    3.  A health care facility shall disclose the names,
  3  8 addresses, and phone numbers of a resident's family members,
  3  9 if requested, to a resident advocate committee member, unless
  3 10 permission for this disclosure is refused in writing by the
  3 11 family member.  The facility shall provide a form on which a
  3 12 family member may indicate a refusal to grant this permission.
  3 13    Sec. 6.  Section 135C.37, Code 2001, is amended to read as
  3 14 follows:
  3 15    135C.37  COMPLAINTS ALLEGING VIOLATIONS – CONFIDENTIALITY.
  3 16    A person may request an inspection of a health care
  3 17 facility by filing with the department, resident advocate
  3 18 committee of the facility, or the long-term care resident's
  3 19 advocate as defined in section 231.4, subsection 16, a
  3 20 complaint of an alleged violation of applicable requirements
  3 21 of this chapter or the rules adopted pursuant to this chapter.
  3 22 A person alleging abuse or neglect of a resident with a
  3 23 developmental disability or with mental illness may also file
  3 24 a complaint with the protection and advocacy agency designated
  3 25 pursuant to section 135B.9 or section 135C.2.  A copy of a
  3 26 complaint filed with the resident advocate committee or the
  3 27 long-term care resident's advocate shall may be forwarded to
  3 28 the department.  The complaint shall state in a reasonably
  3 29 specific manner the basis of the complaint, and a statement of
  3 30 the nature of the complaint shall be delivered to the facility
  3 31 involved at the time of the inspection.  The name of the
  3 32 person who files a complaint with the department, resident
  3 33 advocate committee, or the long-term care resident's advocate
  3 34 shall be kept confidential and shall not be subject to
  3 35 discovery, subpoena, or other means of legal compulsion for
  4  1 its release to a person other than department employees
  4  2 involved in the investigation of the complaint.
  4  3    Sec. 7.  Section 135C.38, Code 2001, is amended to read as
  4  4 follows:
  4  5    135C.38  INSPECTIONS UPON COMPLAINTS.
  4  6    1.  a.  Upon receipt of a complaint made in accordance with
  4  7 section 135C.37, the department or resident advocate committee
  4  8 shall make a preliminary review of the complaint.  Unless the
  4  9 department or committee concludes that the complaint is
  4 10 intended to harass a facility or a licensee or is without
  4 11 reasonable basis, it shall within twenty working days of
  4 12 receipt of the complaint make or cause to be made an on-site
  4 13 inspection of the health care facility which is the subject of
  4 14 the complaint.
  4 15    b.  The complaint investigation shall include, at a
  4 16 minimum, an interview with the complainant, the alleged
  4 17 perpetrator, and the victim of the alleged violation, if the
  4 18 victim is able to communicate, if the complainant, alleged
  4 19 perpetrator, or victim is identifiable, and if the
  4 20 complainant, alleged perpetrator, or victim is available.
  4 21 Additionally, witnesses who have knowledge of facts related to
  4 22 the complaint shall be interviewed, if identifiable and
  4 23 available.  The names of witnesses may be obtained from the
  4 24 complainant or the victim.  The files of the facility may be
  4 25 reviewed to ascertain the names of staff persons on duty at
  4 26 the time relevant to the complaint.  The department shall
  4 27 apply a preponderance of the evidence standard in determining
  4 28 whether or not a complaint is substantiated.  For the purposes
  4 29 of this subsection, "a preponderance of the evidence standard"
  4 30 means that the evidence, considered and compared with the
  4 31 evidence opposed to it, produces the belief in a reasonable
  4 32 mind that the allegations are more likely true than not true.
  4 33 "A preponderance of the evidence standard" does not require
  4 34 that the investigator personally witnessed the alleged
  4 35 violation.
  5  1    c.  The department may refer to the resident advocate
  5  2 committee of a facility any complaint received by the
  5  3 department regarding that facility, for initial evaluation and
  5  4 appropriate action by the committee.
  5  5    2.  a.  The complainant shall be promptly informed of the
  5  6 result of any action taken by the department or committee in
  5  7 the matter.  The complainant shall also be notified of the
  5  8 name, address, and telephone number of the designated
  5  9 protection and advocacy agency if the alleged violation
  5 10 involves a facility with one or more residents with
  5 11 developmental disabilities or mental illness.
  5 12    b.  Upon conclusion of the investigation, the department
  5 13 shall notify the complainant of the results.  The notification
  5 14 shall include a statement of the factual findings as
  5 15 determined by the investigator, the statutory or regulatory
  5 16 provisions alleged to have been violated, and a summary of the
  5 17 reasons for which the complaint was or was not substantiated.
  5 18    c.  The department shall mail the notification to the
  5 19 complainant without charge.  Upon the request of the
  5 20 complainant, the department shall mail to the complainant,
  5 21 without charge, a copy of the most recent final findings
  5 22 regarding compliance with licensing requirements by the
  5 23 facility against which the complaint was filed.
  5 24    d.  A person who is dissatisfied with any aspect of the
  5 25 department's handling of the complaint may contact the long-
  5 26 term care resident's advocate, established pursuant to section
  5 27 231.42, or may contact the protection and advocacy agency
  5 28 designated pursuant to section 135C.2 if the complaint relates
  5 29 to a resident with a developmental disability or a mental
  5 30 illness.
  5 31    3.  An inspection made pursuant to a complaint filed under
  5 32 section 135C.37 need not be limited to the matter or matters
  5 33 included in the complaint.  However, the inspection shall not
  5 34 be a general inspection unless the complaint inspection
  5 35 coincides with a scheduled general inspection or unless in the
  6  1 course of the complaint investigation a violation is evident
  6  2 to the inspector.  Upon arrival at the facility to be
  6  3 inspected, the inspector shall show identification to the
  6  4 person in charge of the facility and state that an inspection
  6  5 is to be made, before beginning the inspection.  Upon request
  6  6 of either the complainant or the department or resident
  6  7 advocate committee, the complainant or the complainant's
  6  8 representative or both may be allowed the privilege of
  6  9 accompanying the inspector during any on-site inspection made
  6 10 pursuant to this section.  The inspector may cancel the
  6 11 privilege at any time if the inspector determines that the
  6 12 privacy of any resident of the facility to be inspected would
  6 13 otherwise be violated.  The protection and dignity of the
  6 14 resident shall be given first priority by the inspector and
  6 15 others.
  6 16    4.  If upon an inspection of a facility by its resident
  6 17 advocate committee pursuant to this section, the committee
  6 18 advises the department of any circumstance believed to
  6 19 constitute a violation of this chapter or of any rule adopted
  6 20 pursuant to it, the committee shall similarly advise the
  6 21 facility at the same time.  If the facility's licensee or
  6 22 administrator disagrees with the conclusion of the committee
  6 23 regarding the supposed violation, an informal conference may
  6 24 be requested and if requested shall be arranged by the
  6 25 department as provided in section 135C.42 before a citation is
  6 26 issued.  If the department thereafter issues a citation
  6 27 pursuant to the committee's finding, the facility shall not be
  6 28 entitled to a second informal conference on the same violation
  6 29 and the citation shall be considered affirmed.  The facility
  6 30 cited may proceed under section 135C.43 if it so desires.
  6 31    Sec. 8.  Section 227.2, subsection 2, Code 2001, is amended
  6 32 to read as follows:
  6 33    2.  A copy of the written report prescribed by subsection 1
  6 34 shall be furnished to the county board of supervisors, to the
  6 35 county mental health and mental retardation coordinating board
  7  1 or to its advisory board if the county board of supervisors
  7  2 constitutes ex officio the coordinating board, and to the
  7  3 administrator of the county care facility inspected and to its
  7  4 resident advocate committee, and to the department of elder
  7  5 affairs.
  7  6    Sec. 9.  Section 227.4, Code 2001, is amended to read as
  7  7 follows:
  7  8    227.4  STANDARDS FOR CARE OF PERSONS WITH MENTAL ILLNESS OR
  7  9 MENTAL RETARDATION IN COUNTY CARE FACILITIES.
  7 10    The administrator, in cooperation with the department of
  7 11 inspections and appeals, shall recommend, and the mental
  7 12 health and developmental disabilities commission created in
  7 13 section 225C.5 shall adopt standards for the care of and
  7 14 services to persons with mental illness or mental retardation
  7 15 residing in county care facilities.  The standards shall be
  7 16 enforced by the department of inspections and appeals as a
  7 17 part of the licensure inspection conducted pursuant to chapter
  7 18 135C.  The objective of the standards is to ensure that
  7 19 persons with mental illness or mental retardation who are
  7 20 residents of county care facilities are not only adequately
  7 21 fed, clothed, and housed, but are also offered reasonable
  7 22 opportunities for productive work and recreational activities
  7 23 suited to their physical and mental abilities and offering
  7 24 both a constructive outlet for their energies and, if
  7 25 possible, therapeutic benefit.  When recommending standards
  7 26 under this section, the administrator shall designate an
  7 27 advisory committee representing administrators of county care
  7 28 facilities, and county mental health and developmental
  7 29 disabilities regional planning councils, and county care
  7 30 facility resident advocate committees to assist in the
  7 31 establishment of standards.
  7 32    Sec. 10.  Section 231.44, subsection 2, Code 2001, is
  7 33 amended to read as follows:
  7 34    2.  The responsibilities of the resident advocate committee
  7 35 are in accordance with the rules adopted by the commission
  8  1 pursuant to chapter 17A.  When adopting the rules, the
  8  2 commission shall consider the needs of residents of each
  8  3 category of licensed health nursing facility and residential
  8  4 care facility as defined in section 135C.1, subsection 6,
  8  5 excluding residential care facilities licensed to serve only
  8  6 persons with mental illness or mental retardation, and the
  8  7 services each facility may render.  The commission shall
  8  8 coordinate the development of rules with the mental health and
  8  9 developmental disabilities commission created in section
  8 10 225C.5 to the extent the rules would apply to a facility
  8 11 primarily serving persons with mental illness, mental
  8 12 retardation, or a developmental disability.  The commission
  8 13 shall coordinate the development of appropriate rules with
  8 14 other state agencies.  
  8 15                           EXPLANATION
  8 16    This bill makes changes related to the resident advocate
  8 17 committee in the regulation of certain health care facilities.
  8 18 The bill eliminates the directive to the director of the
  8 19 department of inspections and appeals to advise the resident
  8 20 advocate committee when, based upon an action to deny,
  8 21 suspend, or revoke a health care facility license, and prior
  8 22 to a hearing, the director proceeds with an action for
  8 23 receivership or to remove residents on an emergency basis.
  8 24 The bill also eliminates the requirement that the director of
  8 25 the department of inspections and appeals obtain the advice
  8 26 and consent of the resident advocate committee when, pending
  8 27 judicial review of an action, the director determines that the
  8 28 health, safety, or welfare of the residents of a facility is
  8 29 in immediate danger and orders the removal of the residents.
  8 30 The bill also eliminates the provision that the director of
  8 31 the department of inspections and appeals is not barred from
  8 32 exercising emergency powers due to the lack of appointment of
  8 33 a resident advocate committee for a facility.
  8 34    The bill provides that only nursing facilities and
  8 35 residential care facilities that do not serve only persons
  9  1 with mental illness or mental retardation, not all health care
  9  2 facilities, are required to have a resident advocate
  9  3 committee.  The bill specifically excludes county and private
  9  4 institutions regulated under Code chapter 227, from this
  9  5 requirement.
  9  6    The bill provides that a copy of a complaint filed with the
  9  7 resident advocate committee or the long-term care resident's
  9  8 advocate may be forwarded to the department of inspections and
  9  9 appeals, but is not required to be forwarded.
  9 10    The bill provides that upon receipt of a complaint alleging
  9 11 a violation, the department, and not the department or the
  9 12 resident advocate committee, is to make a preliminary review
  9 13 of the complaint.  The bill also provides that the complainant
  9 14 is to be promptly informed of any action taken by the
  9 15 department regarding the complaint.  Current law also includes
  9 16 the committee as an entity that might take action relative to
  9 17 a complaint and thereby be required to also inform a
  9 18 complainant of action taken.  The bill also eliminates a
  9 19 provision establishing a process upon inspection of a health
  9 20 care facility by the resident advocate committee, to advise
  9 21 the department of inspections and appeals and the facility of
  9 22 circumstances believed to constitute a violation.  
  9 23 LSB 5337HV 79
  9 24 pf/sh/8
     
Text: HF02246                           Text: HF02248
Text: HF02200 - HF02299                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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