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