Text: HF00595 Text: HF00597 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 231D.1 DEFINITIONS. 1 2 For the purposes of this chapter, unless the context 1 3 otherwise requires: 1 4 1. "Adult day services", "adult day services program", or 1 5 "program" means an organized program providing a variety of 1 6 health, social, and related support services for sixteen hours 1 7 or less in a twenty-four-hour period to two or more persons 1 8 with a functional impairment on a regularly scheduled, 1 9 contractual basis. 1 10 2. "Functional impairment" means a psychological, 1 11 cognitive, or physical impairment creating the inability to 1 12 perform personal and instrumental activities of daily living 1 13 and associated tasks necessitating some form of supervision or 1 14 assistance or both. 1 15 3. "Governmental unit" means the state, or any county, 1 16 municipality, or other political subdivision or any 1 17 department, division, board, or other agency of any of these 1 18 entities. 1 19 4. "Nursing care" means services which are required to be 1 20 provided only under the direction of a registered nurse or a 1 21 licensed practical nurse. 1 22 5. "Recognized accrediting entity" means a nationally 1 23 recognized accrediting entity that the department of elder 1 24 affairs, in cooperation with the department of inspections and 1 25 appeals, recognizes as having specific adult day services 1 26 program standards equivalent to the standards established by 1 27 the department of elder affairs, in cooperation with the 1 28 department of inspections and appeals, for adult day services. 1 29 6. "Social services" means services relating to the 1 30 psychological and social needs of the individual in adjusting 1 31 to participating in an adult day services program, and 1 32 minimizing the stress arising from that circumstance. 1 33 7. "Supervision" means direct oversight and inspection of 1 34 the act of accomplishing a function or activity. 1 35 Sec. 2. NEW SECTION. 231D.2 PURPOSE – RULES – SPECIAL 2 1 CLASSIFICATIONS. 2 2 1. The purpose of this chapter is to promote and encourage 2 3 adequate and safe care for adults with functional impairments. 2 4 2. The department of elder affairs, in cooperation with 2 5 the department of inspections and appeals, shall establish, by 2 6 rule in accordance with chapter 17A, a program for 2 7 certification and monitoring of and complaint investigations 2 8 related to adult day services programs. The department of 2 9 elder affairs, in cooperation with the department of 2 10 inspections and appeals, in establishing standards for adult 2 11 day services programs, may adopt by rule in accordance with 2 12 chapter 17A, nationally recognized standards for adult day 2 13 services programs. The rules shall include specification of 2 14 recognized accrediting entities. The rules and standards 2 15 adopted shall be formulated in consultation with affected 2 16 industry, professional, and consumer groups and shall be 2 17 designed to accomplish the purpose of this chapter. 2 18 3. The department of elder affairs, in cooperation with 2 19 the department of inspections and appeals, may establish by 2 20 administrative rule special classifications for adult day 2 21 services providers. The department of inspections and appeals 2 22 shall issue separate certificates for each special 2 23 classification for which a provider is certified. 2 24 Sec. 3. NEW SECTION. 231D.3 CERTIFICATION REQUIRED. 2 25 1. A person or governmental unit acting severally or 2 26 jointly with any other person or governmental unit shall not 2 27 establish or operate an adult day services program and shall 2 28 not represent an adult day services program to the public as 2 29 certified unless and until the program is certified pursuant 2 30 to this chapter. If an adult day services program is 2 31 voluntarily accredited by a recognized accrediting entity with 2 32 specific adult day services standards, the department of 2 33 inspections and appeals shall accept voluntary accreditation 2 34 as the basis for certification by the department. The owner 2 35 or manager of a certified adult day services program shall 3 1 comply with the rules adopted by the department of elder 3 2 affairs, in cooperation with the department of inspections and 3 3 appeals, for an adult day services program. 3 4 2. An adult day services program may provide any type of 3 5 adult day services for which the program is certified, 3 6 including any special classification of adult day services. 3 7 An adult day services program shall provide services and 3 8 supervision commensurate with the needs of the recipients. An 3 9 adult day services program shall not provide services to 3 10 individuals requiring a level or type of services for which 3 11 the program is not certified and services provided shall not 3 12 exceed the level or type of services for which the program is 3 13 certified. 3 14 3. An adult day services program that has been certified 3 15 by the department of inspections and appeals shall not alter 3 16 the program, operation, or adult day services for which the 3 17 program is certified in a manner that affects continuing 3 18 certification without prior approval of the department of 3 19 inspections and appeals. The department of inspections and 3 20 appeals shall specify, by rule, alterations that are subject 3 21 to prior approval. 3 22 4. A department, agency, or officer of this state or of 3 23 any political subdivision shall not pay or approve for payment 3 24 from public funds any amount to an adult day services program 3 25 for an actual or perspective recipient, unless the program 3 26 holds a current certificate issued by the department of 3 27 inspections and appeals and meets all current requirements for 3 28 certification. 3 29 5. An adult day services program shall not conduct or 3 30 operate another business or activity within the program 3 31 without the prior approval of the department of inspections 3 32 and appeals, if the business or activity serves primarily 3 33 nonrecipients of adult day services. The department of elder 3 34 affairs, in cooperation with the department of inspections and 3 35 appeals, and in accordance with chapter 17A, shall adopt rules 4 1 which establish criteria for approval of a business or 4 2 activity to be conducted or operated within the program. The 4 3 rules shall be developed in consultation with affected 4 4 industry, professional, and consumer groups. 4 5 Sec. 4. NEW SECTION. 231D.4 APPLICATION AND FEES. 4 6 1. Certificates for adult day services programs shall be 4 7 obtained from the department of inspections and appeals. 4 8 Applications shall be upon such forms and shall include such 4 9 information as the department of inspections and appeals may 4 10 reasonably require, which may include affirmative evidence of 4 11 compliance with applicable statutes and local ordinances. 4 12 Each application for certification shall be accompanied by the 4 13 appropriate fee. 4 14 2. The department of elder affairs, in cooperation with 4 15 the department of inspections and appeals, shall establish 4 16 certification fees by rule in accordance with chapter 17A. 4 17 The department of inspections and appeals shall collect and 4 18 retain adult day services certification fees. The fees shall 4 19 be deposited in an adult day services program fund created in 4 20 the state treasury under the authority of the department of 4 21 inspections and appeals and are appropriated to the department 4 22 of inspections and appeals to carry out the purposes of this 4 23 chapter. Amounts deposited in the fund shall not be 4 24 transferred, used, obligated, appropriated, or otherwise 4 25 encumbered except as provided in this section. 4 26 Notwithstanding section 12C.7, subsection 2, interest or 4 27 earnings on moneys deposited into the fund shall be credited 4 28 to the fund. Notwithstanding section 8.33, amounts deposited 4 29 in the fund that remain unexpended or unencumbered at the 4 30 close of the fiscal year shall remain in the fund for 4 31 utilization as provided in this section for the following 4 32 fiscal year. 4 33 Sec. 5. NEW SECTION. 231D.5 DENIAL, SUSPENSION, OR 4 34 REVOCATION. 4 35 1. The department of inspections and appeals may deny, 5 1 suspend, or revoke certification if the department of 5 2 inspections and appeals finds that there has been a 5 3 substantial or repeated failure on the part of the adult day 5 4 services program to comply with this chapter or the rules or 5 5 minimum standards adopted pursuant to this chapter, or for any 5 6 of the following reasons: 5 7 a. Cruelty or indifference to adult day services program 5 8 service recipients. 5 9 b. Appropriation or conversion of the property of an adult 5 10 day services programs service recipient without the 5 11 recipient's written consent or the written consent of the 5 12 service recipient's legal guardian. 5 13 c. Permitting, aiding, or abetting the commission of any 5 14 illegal act in the adult day services program. 5 15 d. Obtaining or attempting to obtain or retain 5 16 certification by fraudulent means, misrepresentation, or by 5 17 submitting false information. 5 18 e. Habitual intoxication or addiction to the use of drugs 5 19 by the applicant, owner, manager, or supervisor of the adult 5 20 day services program. 5 21 f. Securing the devise or bequest of the property of a 5 22 recipient of services of an adult day services program by 5 23 undue influence. 5 24 g. Failure or neglect to maintain a continuing education 5 25 and training program for all personnel employed in the adult 5 26 day services program. 5 27 h. Founded dependent adult abuse as defined in section 5 28 235B.2. 5 29 i. For any other reason as provided by law or 5 30 administrative rule. 5 31 2. In the case of an application by an existing 5 32 certificate holder for a new or newly acquired adult day 5 33 services program, continuing or repeated failure of the 5 34 certificate holder to operate any previously certified adult 5 35 day services program in compliance with this chapter or of the 6 1 rules adopted pursuant to this chapter. 6 2 3. In the case of a certificate applicant or existing 6 3 certificate holder which is an entity other than an 6 4 individual, the department of inspections and appeals may 6 5 deny, suspend, or revoke a certificate if any individual who 6 6 is in a position of control or is an officer of the entity 6 7 engages in any act or omission proscribed by this section. 6 8 Sec. 6. NEW SECTION. 231D.6 NOTICE – APPEAL – 6 9 EMERGENCY PROVISIONS. 6 10 1. The denial, suspension, or revocation of a certificate 6 11 shall be effected by delivering to the applicant or 6 12 certificate holder by restricted certified mail or by personal 6 13 service a notice setting forth the particular reasons for the 6 14 action. The denial, suspension, or revocation shall become 6 15 effective thirty days after the mailing or service of the 6 16 notice, unless the applicant or certificate holder, within the 6 17 thirty-day period, requests a hearing, in writing, of the 6 18 department of inspections and appeals, in which case the 6 19 notice shall be deemed to be suspended. 6 20 2. The denial, suspension, or revocation of a certificate 6 21 may be appealed in accordance with rules adopted by the 6 22 department of inspections and appeals. 6 23 3. When the department of inspections and appeals finds 6 24 that an immediate danger to the health or safety of recipients 6 25 of services from an adult day services program exists which 6 26 requires action on an emergency basis, the department of 6 27 inspections and appeals may direct the removal of all 6 28 recipients of services from an adult day services program and 6 29 suspend the certificate prior to a hearing. 6 30 Sec. 7. NEW SECTION. 231D.7 CONDITIONAL OPERATION. 6 31 The department of inspections and appeals may, as an 6 32 alternative to denial, suspension, or revocation of 6 33 certification under section 231D.5, conditionally issue or 6 34 continue certification dependent upon the performance by the 6 35 adult day services program of reasonable conditions within a 7 1 reasonable period of time as prescribed by the department of 7 2 inspections and appeals so as to permit the program to 7 3 commence or continue the operation of the program pending full 7 4 compliance with this chapter or the rules adopted pursuant to 7 5 this chapter. If the adult day services program does not make 7 6 diligent efforts to comply with the conditions prescribed, the 7 7 department of inspections and appeals may, under the 7 8 proceedings prescribed by this chapter, suspend or revoke the 7 9 certificate. An adult day services program shall not be 7 10 operated under conditional certification for more than one 7 11 year. 7 12 Sec. 8. NEW SECTION. 231D.8 DEPARTMENT NOTIFIED OF 7 13 CASUALTIES. 7 14 The department of inspections and appeals shall be notified 7 15 within twenty-four hours, by the most expeditious means 7 16 available, of any accident causing substantial injury or 7 17 death, and any substantial fire or natural or other disaster 7 18 occurring at or near an adult day services program. 7 19 Sec. 9. NEW SECTION. 231D.9 COMPLAINTS AND 7 20 CONFIDENTIALITY. 7 21 1. A person with concerns regarding the operations or 7 22 service delivery of an adult day services program may file a 7 23 complaint with the department of inspections and appeals. The 7 24 name of the person who files a complaint with the department 7 25 of inspections and appeals and any personal identifying 7 26 information of the person or any recipient of program services 7 27 identified in the complaint shall be kept confidential and 7 28 shall not be subject to discovery, subpoena, or other means of 7 29 legal compulsion for its release to a person other than 7 30 employees of the department of inspections and appeals 7 31 involved in the investigation of the complaint. 7 32 2. The department of elder affairs, in cooperation with 7 33 the department of inspections and appeals, shall establish 7 34 procedures for the disposition of complaints received in 7 35 accordance with this section. 8 1 Sec. 10. NEW SECTION. 231D.10 PUBLIC DISCLOSURE OF 8 2 FINDINGS. 8 3 Following a monitoring evaluation or complaint 8 4 investigation of an adult day services program by the 8 5 department of inspections and appeals pursuant to this 8 6 chapter, the department's final findings with respect to 8 7 compliance by the adult day services program with requirements 8 8 for certification shall be made available to the public in a 8 9 readily available form and place. Other information relating 8 10 to an adult day services program that is obtained by the 8 11 department of inspections and appeals which does not 8 12 constitute the department's final findings from a monitoring 8 13 evaluation or complaint investigation of the adult day 8 14 services program shall not be made available to the public 8 15 except in proceedings involving the denial, suspension, or 8 16 revocation of a certificate under this chapter. 8 17 Sec. 11. NEW SECTION. 231D.11 PENALTIES. 8 18 1. A person establishing, conducting, managing, or 8 19 operating an adult day services program without a certificate 8 20 is guilty of a serious misdemeanor. Each day of continuing 8 21 violation after conviction or notice from the department of 8 22 inspections and appeals by certified mail of a violation shall 8 23 be considered a separate offense or chargeable offense. A 8 24 person establishing, conducting, managing, or operating an 8 25 adult day services program without a certificate may be 8 26 temporarily or permanently restrained by a court of competent 8 27 jurisdiction from such activity in an action brought by the 8 28 state. 8 29 2. A person who prevents or interferes with or attempts to 8 30 impede in any way any duly authorized representative of the 8 31 department of inspections and appeals in the lawful 8 32 enforcement of this chapter or of the rules adopted pursuant 8 33 to this chapter is guilty of a simple misdemeanor. As used in 8 34 this subsection, lawful enforcement includes but is not 8 35 limited to: 9 1 a. Contacting or interviewing any participant of an adult 9 2 day services program in private at any reasonable hour and 9 3 without advance notice. 9 4 b. Examining any relevant records of an adult day services 9 5 program. 9 6 c. Preserving evidence of any violation of this chapter or 9 7 of the rules adopted pursuant to this chapter. 9 8 3. A civil penalty, as established by rule, may apply in 9 9 any of the following situations: 9 10 a. Program noncompliance with one or more regulatory 9 11 requirements has caused or is likely to cause harm, serious 9 12 injury, threat, or death to a recipient of program services. 9 13 b. Program failure or refusal to comply with regulatory 9 14 requirements within prescribed time frames. 9 15 Sec. 12. NEW SECTION. 231D.12 RETALIATION BY AN ADULT 9 16 DAY SERVICES PROGRAM PROHIBITED. 9 17 1. An adult day services program shall not discriminate or 9 18 retaliate in any way against a recipient, recipient's family, 9 19 or an employee of the program who has initiated or 9 20 participated in any proceeding authorized by this chapter. An 9 21 adult day services program that violates this section is 9 22 subject to a penalty as established by administrative rule, to 9 23 be assessed and collected by the department of inspections and 9 24 appeals and paid into the state treasury to be credited to the 9 25 general fund of the state, or to immediate revocation of the 9 26 program's certificate. 9 27 2. Any attempt to discharge a recipient from an adult day 9 28 services program by whom or upon whose behalf a complaint has 9 29 been submitted to the department of inspections and appeals 9 30 under section 231D.9, within ninety days after the filing of 9 31 the complaint or the conclusion of any proceeding resulting 9 32 from the complaint, shall raise a rebuttable presumption that 9 33 the action was taken by the program in retaliation for the 9 34 filing of the complaint, except in situations in which the 9 35 recipient is discharged due to changes in health status which 10 1 exceed the level of care offered by the adult day services 10 2 program or in other situations as specified by rule. 10 3 Sec. 13. NEW SECTION. 231D.13 NURSING ASSISTANT AND 10 4 MEDICATION AIDE – CERTIFICATION. 10 5 The department of inspections and appeals, in cooperation 10 6 with other appropriate agencies, shall establish a procedure 10 7 to allow nursing assistants or medication aides to claim work 10 8 within adult day services programs as credit toward sustaining 10 9 the nursing assistant's or medication aide's certification. 10 10 Sec. 14. NEW SECTION. 231D.14 CRIMINAL RECORDS 10 11 INVESTIGATION CHECK. 10 12 An adult day services program shall comply with section 10 13 135C.33. 10 14 Sec. 15. NEW SECTION. 231D.15 FIRE AND SAFETY STANDARDS. 10 15 The state fire marshal shall adopt rules, in coordination 10 16 with the department of inspections and appeals, relating to 10 17 the certification and monitoring of the fire and safety 10 18 standards of adult day services programs. 10 19 Sec. 16. NEW SECTION. 231D.16 TRANSITION PROVISIONS. 10 20 Adult day services programs voluntarily accredited by a 10 21 recognized accrediting entity prior to July 1, 2003, shall 10 22 comply with this chapter by June 30, 2004. 10 23 Sec. 17. Section 100.1, subsection 6, Code 2003, is 10 24 amended to read as follows: 10 25 6. To adopt rules designating a fee to be assessed to each 10 26 building, structure, or facility for which a fire safety 10 27 inspection or plan review by the state fire marshal is 10 28 requiredas a condition of licensureby law. The fee 10 29 designated by rule shall be set in an amount that is 10 30 reasonably related to the costs of conducting the applicable 10 31 inspection or plan review. The fees collected by the state 10 32 fire marshal shall be retained by the state fire marshal and 10 33 deposited inthe generala separate fundofcreated in the 10 34 state treasury under the authority of the state fire marshal 10 35 and are appropriated to the state fire marshal to carry out 11 1 the purpose of this subsection. Amounts deposited in the fund 11 2 shall not be transferred, used, obligated, appropriated, or 11 3 otherwise encumbered, except as provided in this subsection. 11 4 Notwithstanding section 12C.7, subsection 2, interest or 11 5 earnings on moneys deposited in the fund shall be credited to 11 6 the fund. Notwithstanding section 8.33, amounts deposited in 11 7 the fund that remain unexpended or unencumbered at the close 11 8 of the fiscal year shall remain in the fund for utilization as 11 9 provided in this subsection for the following fiscal year. 11 10 Sec. 18. Section 135C.1, subsection 1, Code 2003, is 11 11 amended to read as follows: 11 12 1. "Adult day services" means adult day services as 11 13 defined in section231.61231D.1 that are provided in a 11 14 licensed health care facility. 11 15 Sec. 19. Section 231C.2, Code 2003, is amended by adding 11 16 the following new subsection: 11 17 NEW SUBSECTION. 0A. "Adult day services" means adult day 11 18 services as defined in section 231D.1. 11 19 Sec. 20. Section 231.61, Code 2003, is repealed. 11 20 EXPLANATION 11 21 This bill establishes regulatory provisions for adult day 11 22 services. 11 23 Currently, provisions relating to regulation of adult day 11 24 services are included in Code section 231.61, which is 11 25 repealed in the bill. Under that section, regulation of adult 11 26 day services consisted of development of a system of oversight 11 27 by affected state agencies, industry representatives, and 11 28 consumers under the department of elder affairs. 11 29 Under the bill, a new Code chapter, 231D, is created to 11 30 provide for the regulation of adult day services under the 11 31 department of elder affairs with the cooperation of the 11 32 department of inspections and appeals. The bill directs the 11 33 department of elder affairs, with the cooperation of the 11 34 department of inspections and appeals, to establish a program 11 35 for certification and monitoring of and complaint 12 1 investigations related to adult day services. The rules and 12 2 standards are to be formulated in consultation with affected 12 3 industry, professional, and consumer groups. Under the bill, 12 4 all adult day services programs are required to be certified 12 5 by the department of inspections and appeals. The bill 12 6 establishes application and fee requirements; provides a 12 7 procedure for denial, suspension, or revocation of 12 8 certification; provides for the department of inspections and 12 9 appeals to be notified of casualties relative to an adult day 12 10 services program; provides a complaint process; provides for 12 11 disclosure of final findings by the department of inspections 12 12 and appeals related to monitoring evaluations or complaint 12 13 investigations; provides penalties for noncompliance with 12 14 certification requirements and enforcement of the provisions 12 15 of the chapter; prohibits retaliation by an adult day services 12 16 program; provides for nursing assistants and medication aides 12 17 to claim work within adult day services programs as credit 12 18 toward certification; provides for fire and safety standards; 12 19 and provides transition provisions. 12 20 LSB 3013HV 80 12 21 pf/cl/14
Text: HF00595 Text: HF00597 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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