Text: HF02111 Text: HF02113 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 231C.5A RESIDENT ADVOCATE
1 2 COMMITTEE APPOINTMENTS – DUTIES – DISCLOSURE – LIABILITY.
1 3 1. Each assisted living program shall have a resident
1 4 advocate committee whose members shall be appointed by the
1 5 director of the department of elder affairs or the director's
1 6 designee. A person shall not be appointed a member of a
1 7 resident advocate committee for an assisted living program
1 8 unless the person is a resident of the service area where the
1 9 program is located. Recommendations to the director or the
1 10 director's designee for membership on resident advocate
1 11 committees are encouraged from any agency, organization, or
1 12 individual. The administrator of an assisted living program
1 13 shall not be appointed to the resident advocate committee for
1 14 that program and shall not be present at committee meetings
1 15 except upon request of the committee.
1 16 2. Each resident advocate committee shall periodically
1 17 review the needs of each individual resident of the program.
1 18 3. An assisted living program shall disclose the names,
1 19 addresses, and phone numbers of a tenant's family members, if
1 20 requested, to a resident advocate committee member, unless
1 21 permission for this disclosure is refused in writing by the
1 22 family member. The program shall provide a form on which a
1 23 family member may indicate a refusal to grant this permission.
1 24 4. Neither the state or any resident advocate committee
1 25 member is liable for an action by a resident advocate
1 26 committee member in the performance of duty, if the action is
1 27 undertaken and carried out in good faith.
1 28 Sec. 2. Section 231.44, subsection 2, Code Supplement
1 29 2003, is amended to read as follows:
1 30 2. The responsibilities of the resident advocate committee
1 31 are in accordance with the rules adopted by the commission
1 32 pursuant to chapter 17A. When adopting the rules, the
1 33 commission shall consider the needs of residents of elder
1 34 group homes as defined in section 231B.1, the tenants of
1 35 assisted living programs as defined in section 231C.2, and
2 1 each category of licensed health care facility as defined in
2 2 section 135C.1, subsection 6, and the services each facility
2 3 may render. The commission shall coordinate the development
2 4 of rules with the mental health and developmental disabilities
2 5 commission created in section 225C.5 to the extent the rules
2 6 would apply to a facility primarily serving persons with
2 7 mental illness, mental retardation, or a developmental
2 8 disability. The commission shall coordinate the development
2 9 of appropriate rules with other state agencies.
2 10 Sec. 3. RESIDENT ADVOCATE COMMITTEE TRAINING – SENIOR
2 11 LIVING TRUST FUND – APPROPRIATION. There is appropriated
2 12 from the senior living trust fund created in section 249H.4 to
2 13 the department of elder affairs for the fiscal year beginning
2 14 July 1, 2004, and ending June 30, 2005, the following amount,
2 15 or so much thereof as is necessary, to be used for the purpose
2 16 designated:
2 17 For the provision of training to resident advocate
2 18 committees for elder group homes as defined in section 231B.1,
2 19 assisted living programs as defined in section 231C.2, and
2 20 licensed health care facilities as defined in section 135C.1:
2 21 .................................................. $ 160,000
2 22 EXPLANATION
2 23 This bill provides for a resident advocate committee for
2 24 each assisted living program. The bill provides that the
2 25 members of the committees are appointed by the director of the
2 26 department of elder affairs or the director's designee, that a
2 27 person shall not be appointed a member of a resident advocate
2 28 committee for an assisted living program unless the person is
2 29 a resident of the service area where the program is located,
2 30 that recommendations to the director or the director's
2 31 designee for membership on resident advocate committees are
2 32 encouraged from any agency, organization, or individual, and
2 33 that the administrator of the assisted living program is not
2 34 to be appointed to the resident advocate committee and is not
2 35 to be present at committee meetings except upon request of the
3 1 committee. A resident advocate committee is directed to
3 2 periodically review the needs of each individual resident of
3 3 the program.
3 4 The bill provides that an assisted living program is to
3 5 disclose the names, addresses, and phone numbers of a tenant's
3 6 family members, if requested, to a resident advocate committee
3 7 member, unless permission for this disclosure is refused in
3 8 writing by the family member. The program is to provide a
3 9 form on which a family member may indicate a refusal to grant
3 10 this permission.
3 11 The bill provides that neither the state nor any resident
3 12 advocate committee member is liable for an action by a
3 13 resident advocate committee member in the performance of duty,
3 14 if the action is undertaken and carried out in good faith.
3 15 The bill also directs the department of elder affairs, when
3 16 adopting rules for the resident advocate committees, to
3 17 consider the needs of the specific residents or tenants of the
3 18 various types of facilities, including those of the tenants of
3 19 assisted living programs.
3 20 The bill appropriates $160,000 from the senior living trust
3 21 fund to the department of elder affairs for FY 2004-2005 for
3 22 the provision of training to resident advocate committees for
3 23 elder group homes as defined in Code section 231B.1, assisted
3 24 living programs as defined in Code section 231C.2, and
3 25 licensed health care facilities as defined in Code section
3 26 135C.1.
3 27 LSB 5226YH 80
3 28 pf/sh/8
Text: HF02111 Text: HF02113 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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