Senate File 304 - Enrolled

PAG LIN

  1  1                                             SENATE FILE 304
  1  2
  1  3                             AN ACT
  1  4 RELATING TO THE PROVISIONS OF THE ELDER IOWANS ACT.
  1  5
  1  6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  7
  1  8    Section 1.  Section 135C.37, Code 2005, is amended to read
  1  9 as follows:
  1 10    135C.37  COMPLAINTS ALLEGING VIOLATIONS == CONFIDENTIALITY.
  1 11    A person may request an inspection of a health care
  1 12 facility by filing with the department, resident advocate
  1 13 committee of the facility, or the long=term care resident's
  1 14 advocate as defined in established pursuant to section 231.4,
  1 15 subsection 16 231.42, a complaint of an alleged violation of
  1 16 applicable requirements of this chapter or the rules adopted
  1 17 pursuant to this chapter.  A person alleging abuse or neglect
  1 18 of a resident with a developmental disability or with mental
  1 19 illness may also file a complaint with the protection and
  1 20 advocacy agency designated pursuant to section 135B.9 or
  1 21 section 135C.2.  A copy of a complaint filed with the resident
  1 22 advocate committee or the long=term care resident's advocate
  1 23 shall be forwarded to the department.  The complaint shall
  1 24 state in a reasonably specific manner the basis of the
  1 25 complaint, and a statement of the nature of the complaint
  1 26 shall be delivered to the facility involved at the time of the
  1 27 inspection.  The name of the person who files a complaint with
  1 28 the department, resident advocate committee, or the long=term
  1 29 care resident's advocate shall be kept confidential and shall
  1 30 not be subject to discovery, subpoena, or other means of legal
  1 31 compulsion for its release to a person other than department
  1 32 employees involved in the investigation of the complaint.
  1 33    Sec. 2.  Section 231.3, subsection 4, Code 2005, is amended
  1 34 to read as follows:
  1 35    4.  Full restorative services for those who require
  2  1 institutional care, and a comprehensive array of home and
  2  2 community=based, long=term care services adequate to sustain
  2  3 older people in their communities and, whenever possible, in
  2  4 their homes, including support for caregivers.
  2  5    Sec. 3.  Section 231.4, Code 2005, is amended to read as
  2  6 follows:
  2  7    231.4  DEFINITIONS.
  2  8    For purposes of this chapter, unless the context otherwise
  2  9 requires:
  2 10    1.  "Administrative action" means an action or decision
  2 11 made by an owner, employee, or agent of a long=term care
  2 12 facility, or by a governmental agency, which affects the
  2 13 service provided to residents covered in this chapter.
  2 14    2.  "Commission" means the commission of elder affairs.
  2 15    3.  "Department" means the department of elder affairs.
  2 16    4.  "Director" means the director of the department of
  2 17 elder affairs.
  2 18    5.  "Elder" means an individual who is sixty years of age
  2 19 or older.  "Elderly" means individuals sixty years of age or
  2 20 older.
  2 21    6.  "Equivalent support" means in=kind contributions of
  2 22 services, goods, volunteer support time, administrative
  2 23 support, or other support reasonably determined by the
  2 24 department as equivalent to a dollar amount.
  2 25    7.  "Federal Act" means the Older Americans Act of 1965, 42
  2 26 U.S.C. } 3001 et seq., as amended.
  2 27    8.  "Home and community=based services" means a continua of
  2 28 services available in an individual's home or community which
  2 29 include but are not limited to case management, homemaker,
  2 30 home health aide, personal care, adult day, respite, home
  2 31 delivered meals, nutrition counseling, and other medical and
  2 32 social services which contribute to the health and well=being
  2 33 of individuals and their ability to reside in a home or
  2 34 community=based care setting.
  2 35    8.  9.  "Long=term care facility" means a long=term care
  3  1 unit of a hospital or a facility licensed under section 135C.1
  3  2 whether the facility is public or private.
  3  3    9.  10.  "Resident's advocate program" means the state
  3  4 long=term care resident's advocate program operated by the
  3  5 department of elder affairs and administered by the long=term
  3  6 care resident's advocate.
  3  7    10.  11.  "Unit of general purpose local government" means
  3  8 a political subdivision of the state whose authority is
  3  9 general and not limited to one function or combination of
  3 10 related functions.
  3 11    For the purposes of this chapter, "focal point", "greatest
  3 12 economic need", and "greatest social need" mean as those terms
  3 13 are defined in the federal Act.
  3 14    Sec. 4.  Section 231.14, unnumbered paragraph 2, Code 2005,
  3 15 is amended to read as follows:
  3 16    The commission shall adopt administrative rules pursuant to
  3 17 chapter 17A to implement administer the duties specified in
  3 18 this chapter and in all other chapters under the department's
  3 19 jurisdiction.
  3 20    Sec. 5.  Section 231.14, subsection 7, Code 2005, is
  3 21 amended to read as follows:
  3 22    7.  Adopt a formula for the distribution of federal Act,
  3 23 state elderly elder services, and senior living program funds
  3 24 taking into account, to the maximum extent feasible, the best
  3 25 available data on the geographic distribution of elders in the
  3 26 state, and publish the formula for review and comment.
  3 27    Sec. 6.  Section 231.23, subsection 3, Code 2005, is
  3 28 amended to read as follows:
  3 29    3.  Pursuant to commission policy, coordinate state
  3 30 activities related to the purposes of this chapter and all
  3 31 other chapters under the department's jurisdiction.
  3 32    Sec. 7.  Section 231.23A, subsection 1, Code 2005, is
  3 33 amended to read as follows:
  3 34    1.  Elderly Elder services including but not limited to
  3 35 home and community=based services such as adult day services,
  4  1 assessment and intervention, transportation, chore services,
  4  2 counseling, homemaker services, material aid, personal care,
  4  3 reassurance, respite services, visitation, caregiver support,
  4  4 emergency response system services, mental health outreach,
  4  5 and home repair, meals, and nutrition counseling.
  4  6    Sec. 8.  Section 231.33, subsections 4, 8, and 11, Code
  4  7 2005, are amended to read as follows:
  4  8    4.  Provide technical assistance as needed, prepare written
  4  9 monitoring reports at least document quarterly monitoring, and
  4 10 provide a written report of an annual on=site assessment of
  4 11 all service providers funded by the area agency.
  4 12    8.  Assure that elders in the planning and service area
  4 13 have reasonably convenient access to information and referral
  4 14 assistance services.
  4 15    11.  Contact outreach efforts, with special emphasis on the
  4 16 rural elderly elders, to identify elders with greatest
  4 17 economic or social needs and inform them of the availability
  4 18 of services under the area plan.
  4 19    Sec. 9.  Section 231.33, subsection 17, Code 2005, is
  4 20 amended by striking the subsection.
  4 21    Sec. 10.  Section 231.42, unnumbered paragraph 1, Code
  4 22 2005, is amended to read as follows:
  4 23    The Iowa commission of elder affairs, in accordance with
  4 24 section 3027(a)(12) 712 of the federal Act, as codified at 42
  4 25 U.S.C. } 3058g, shall establish the office of long=term care
  4 26 resident's advocate within the department.  The long=term care
  4 27 resident's advocate shall:
  4 28    Sec. 11.  Section 231.43, subsection 3, Code 2005, is
  4 29 amended to read as follows:
  4 30    3.  Procedures to enable the long=term care resident's
  4 31 advocate to elicit, receive, and process complaints regarding
  4 32 administrative actions which may adversely affect the health,
  4 33 safety, welfare, or rights of elderly elders in long=term care
  4 34 facilities.
  4 35    Sec. 12.  Section 231.44, subsections 2 and 4, Code 2005,
  5  1 are amended to read as follows:
  5  2    2.  The responsibilities of the resident advocate committee
  5  3 are in accordance with the rules adopted by the commission
  5  4 pursuant to chapter 17A.  When adopting the rules, the
  5  5 commission shall consider the needs of residents of elder
  5  6 group homes as defined in section 231B.1 and each category of
  5  7 licensed health care facility as defined in section 135C.1,
  5  8 subsection 6, and the services each facility may render.  The
  5  9 commission shall coordinate the development of rules with the
  5 10 mental health, mental retardation, developmental disabilities,
  5 11 and brain injury commission created in section 225C.5 to the
  5 12 extent the rules would apply to a facility primarily serving
  5 13 persons with mental illness, mental retardation or other
  5 14 developmental disability, or brain injury.  The commission
  5 15 shall coordinate the development of appropriate rules with
  5 16 other state agencies.
  5 17    4.  The state, any resident advocate committee member, and
  5 18 any resident advocate coordinator, and any sponsoring area
  5 19 agency on aging are not liable for an action undertaken by a
  5 20 resident advocate committee member or a resident advocate
  5 21 committee coordinator in the performance of duty, if the
  5 22 action is undertaken and carried out reasonably and in good
  5 23 faith.
  5 24    Sec. 13.  Section 231.51, Code 2005, is amended to read as
  5 25 follows:
  5 26    231.51  OLDER AMERICAN COMMUNITY SERVICE EMPLOYMENT
  5 27 PROGRAM, TITLE V OF THE OLDER AMERICANS ACT.
  5 28    1.  The department shall direct and administer the older
  5 29 American community service employment program as authorized by
  5 30 the federal Act in coordination with the department of
  5 31 workforce development and the department of economic
  5 32 development.
  5 33    2.  The purpose of the program is to foster individual
  5 34 economic self=sufficiency and to increase the number of
  5 35 participants placed in unsubsidized employment in the public
  6  1 and private sectors while maintaining the community service
  6  2 focus of the program.
  6  3    3.  Funds appropriated to the department from the United
  6  4 States department of labor shall be distributed to local
  6  5 projects in accordance with federal requirements.
  6  6    4.  The department shall require such uniform reporting and
  6  7 financial accounting by area agencies on aging and local
  6  8 projects as may be necessary to fulfill the purposes of this
  6  9 section.
  6 10    Sec. 14.  Section 231.56, Code 2005, is amended to read as
  6 11 follows:
  6 12    231.56  ELDERLY ELDER SERVICES PROGRAM.
  6 13    The department shall establish administer an elderly elder
  6 14 services program to reduce institutionalization and encourage
  6 15 community involvement to help the elderly elders remain in
  6 16 their own homes.  Funds appropriated for this purpose shall be
  6 17 instituted based on administrative rules adopted by the
  6 18 commission.  The department shall require such records as
  6 19 needed to implement administer this section.
  6 20    Sec. 15.  Section 231.58, subsection 4, paragraphs b, d, f,
  6 21 and i, Code 2005, are amended to read as follows:
  6 22    b.  Develop common intake and release procedures for the
  6 23 purpose of determining eligibility at one point of intake and
  6 24 determining eligibility for programs administered by the
  6 25 departments of human services, public health, and elder
  6 26 affairs, such as the medical assistance program, federal food
  6 27 stamp program, and homemaker=home health aide programs, and
  6 28 the case management program for frail elders administered by
  6 29 the department of elder affairs.
  6 30    d.  Develop procedures for coordination at the local and
  6 31 state level among the providers of long=term care, including
  6 32 when possible co=campusing of services.  The director of the
  6 33 department of administrative services shall give particular
  6 34 attention to this section when arranging for office space
  6 35 pursuant to section 8A.321 for these three departments.
  7  1    f.  Propose rules and procedures for the development of a
  7  2 comprehensive long=term care and community=based services
  7  3 program system.
  7  4    i.  Consult with the state universities and other
  7  5 institutions with expertise in the area of senior elder issues
  7  6 and the long=term care continua.
  7  7
  7  8
  7  9                                                             
  7 10                               JOHN P. KIBBIE
  7 11                               President of the Senate
  7 12
  7 13
  7 14                                                             
  7 15                               CHRISTOPHER C. RANTS
  7 16                               Speaker of the House
  7 17
  7 18    I hereby certify that this bill originated in the Senate and
  7 19 is known as Senate File 304, Eighty=first General Assembly.
  7 20
  7 21
  7 22                                                             
  7 23                               MICHAEL E. MARSHALL
  7 24                               Secretary of the Senate
  7 25 Approved                , 2005
  7 26
  7 27
  7 28                                
  7 29 THOMAS J. VILSACK
  7 30 Governor