Text: SF00441                           Text: SF00443
Text: SF00400 - SF00499                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index



Senate File 442

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  NEW SECTION.  231C.4A  ENFORCEMENT ACTIONS –
  1  2 RULES.
  1  3    1.  The department may deny, suspend, or revoke the
  1  4 certification of or issue a conditional certification to an
  1  5 assisted living program, or may seek injunctive relief, impose
  1  6 fines, or take other actions, specified by rule of the
  1  7 department, against an assisted living program if the assisted
  1  8 living program fails to comply with the provisions of this
  1  9 chapter or the rules or standards adopted under this chapter.
  1 10 The department shall adopt rules in accordance with chapter
  1 11 17A which establish the enforcement actions which may be
  1 12 taken.
  1 13    2.  The department may adopt rules in accordance with
  1 14 chapter 17A as necessary to enforce this chapter and the
  1 15 rules, standards, and requirements adopted under this chapter.
  1 16    Sec. 2.  NEW SECTION.  231C.4B  COMPLAINTS – ALLEGED
  1 17 VIOLATIONS – PROCESS – PROTECTIONS.
  1 18    1.  The department shall adopt rules to establish a
  1 19 procedure for the filing of complaints and for the
  1 20 investigation of complaints filed with the department that
  1 21 allege a violation of this chapter or the rules or standards
  1 22 adopted under this chapter.  The procedure shall provide that
  1 23 if the department, upon preliminary review, determines that
  1 24 the complaint is intended to harass the assisted living
  1 25 program or is without reasonable basis, or if the department
  1 26 determines following an investigation that the complaint is
  1 27 unsubstantiated, the department may dismiss the complaint.
  1 28 The decision of the department to dismiss the complaint is
  1 29 final agency action and is not subject to contested case
  1 30 proceedings, appeal, or judicial review provisions of chapter
  1 31 17A.
  1 32    2.  An assisted living program certified or voluntarily
  1 33 accredited under this chapter shall not discriminate or
  1 34 retaliate against a tenant, an employee of the program, or any
  1 35 other person who initiates or participates in any proceeding
  2  1 authorized under this chapter or the rules or standards
  2  2 adopted under this chapter.
  2  3    Sec. 3.  NEW SECTION.  231C.4C  CONFIDENTIALITY.
  2  4    1.  Information relating to an assisted living program
  2  5 obtained by the department which does not constitute the
  2  6 department's final findings in any monitoring, investigation,
  2  7 or survey is privileged and confidential, and is not subject
  2  8 to discovery, subpoena, or other means of legal compulsion for
  2  9 release to a person other than department employees or agents,
  2 10 and to the assisted living program involved as a party in a
  2 11 contested case proceeding resulting directly from the
  2 12 monitoring, investigation, or survey, except that the
  2 13 complaint, including the identity of the person filing the
  2 14 complaint, shall remain confidential and shall not be released
  2 15 to the assisted living program.
  2 16    2.  The name of a person who files a complaint with the
  2 17 department, the name and address of a tenant of an assisted
  2 18 living program, and a tenant's medical information shall be
  2 19 kept confidential and shall not be subject to discovery,
  2 20 subpoena, or other means of legal compulsion for its release
  2 21 to the public or an assisted living program in any proceeding.
  2 22    3.  Information obtained during monitoring, investigation,
  2 23 surveying, or certification may be disclosed to the
  2 24 appropriate licensing, certifying or accrediting authorities
  2 25 within this state, another state, the District of Columbia, a
  2 26 territory, the federal government, or other country in which
  2 27 the holder of the certification is licensed, certified, or
  2 28 accredited.  If the information which would otherwise be
  2 29 confidential indicates that a crime may have been committed,
  2 30 the department shall notify law enforcement.
  2 31    4.  Contested case hearings shall be open to the public.
  2 32 However, all exhibits and documents that disclose identifying
  2 33 information about a tenant, including but not limited to a
  2 34 tenant's medical information, shall be sealed and subject to a
  2 35 protective order to protect the privacy of the tenant.  A
  3  1 final decision of the department is public record.  
  3  2                           EXPLANATION
  3  3    This bill establishes enforcement provisions relating to
  3  4 certified or voluntarily accredited assisted living programs.
  3  5    The bill authorizes the department of elder affairs to take
  3  6 enforcement actions against assisted living programs that do
  3  7 not comply with the Code chapter or with rules or standards
  3  8 adopted under the Code chapter and directs the department to
  3  9 adopt rules to establish these enforcement actions.
  3 10    The bill also authorizes the department to adopt rules, as
  3 11 necessary, to enforce the Code chapter.
  3 12    The bill directs the department to adopt rules to establish
  3 13 a procedure for the filing and investigation of complaints
  3 14 against an assisted living program.  The bill provides that if
  3 15 the department determines on preliminary review of a complaint
  3 16 that the complaint is intended to harass a program or is
  3 17 without reasonable basis, or if the department determines
  3 18 following an investigation that the complaint is
  3 19 unsubstantiated, the determination is final agency action and
  3 20 is not subject to contested case proceedings, appeal, or
  3 21 judicial review under Code chapter 17A.
  3 22    The bill prohibits a certified or voluntarily accredited
  3 23 assisted living program from discriminating or retaliating
  3 24 against a tenant, an employee of the program, or any other
  3 25 person who initiates or participates in any proceeding
  3 26 authorized under the Code chapter or the rules or standards
  3 27 adopted under the Code chapter.
  3 28    The bill establishes confidentiality requirements relating
  3 29 to complaints against an assisted living program and relating
  3 30 to the monitoring, investigation, and survey of assisted
  3 31 living programs.  
  3 32 LSB 2937SS 79
  3 33 pf/gg/8.2
     

Text: SF00441                           Text: SF00443
Text: SF00400 - SF00499                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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