House Study Bill 711
HOUSE FILE
BY (PROPOSED COMMITTEE ON
HUMAN RESOURCES BILL BY
CHAIRPERSON SMITH)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the public release of information relating to
2 elder group homes, assisted living facilities, and adult day
3 services programs.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 6504HC 82
6 jr/nh/5
PAG LIN
1 1 Section 1. Section 231B.9, Code Supplement 2007, is
1 2 amended to read as follows:
1 3 231B.9 PUBLIC DISCLOSURE OF FINDINGS.
1 4 Upon completion of a monitoring evaluation or complaint
1 5 investigation of an elder group home by the department
1 6 pursuant to this chapter, including the conclusion of all
1 7 administrative appeals processes informal review, the
1 8 department's final findings with respect to compliance by the
1 9 elder group home with requirements for certification shall be
1 10 made available to the public in a readily available form and
1 11 place. Other information relating to an elder group home that
1 12 is obtained by the department which does not constitute the
1 13 department's final findings from a monitoring evaluation or
1 14 complaint investigation of the elder group home shall not be
1 15 made available to the public except in proceedings involving
1 16 the denial, suspension, or revocation of a certificate under
1 17 this chapter.
1 18 Sec. 2. Section 231C.9, Code Supplement 2007, is amended
1 19 to read as follows:
1 20 231C.9 PUBLIC DISCLOSURE OF FINDINGS.
1 21 Upon completion of a monitoring evaluation or complaint
1 22 investigation of an assisted living program by the department
1 23 pursuant to this chapter, including the conclusion of all
1 24 administrative appeals processes informal review, the
1 25 department's final findings with respect to compliance by the
1 26 assisted living program with requirements for certification
1 27 shall be made available to the public in a readily available
1 28 form and place. Other information relating to an assisted
1 29 living program that is obtained by the department which does
1 30 not constitute the department's final findings from a
1 31 monitoring evaluation or complaint investigation of the
1 32 assisted living program shall not be made available to the
1 33 public except in proceedings involving the denial, suspension,
1 34 or revocation of a certificate under this chapter.
1 35 Sec. 3. Section 231D.10, Code Supplement 2007, is amended
2 1 to read as follows:
2 2 231D.10 PUBLIC DISCLOSURE OF FINDINGS.
2 3 Upon completion of a monitoring evaluation or complaint
2 4 investigation of an adult day services program by the
2 5 department pursuant to this chapter, including the conclusion
2 6 of all administrative appeals processes informal review, the
2 7 department's final findings with respect to compliance by the
2 8 adult day services program with requirements for certification
2 9 shall be made available to the public in a readily available
2 10 form and place. Other information relating to an adult day
2 11 services program that is obtained by the department which does
2 12 not constitute the department's final findings from a
2 13 monitoring evaluation or complaint investigation of the adult
2 14 day services program shall not be made available to the public
2 15 except in proceedings involving the denial, suspension, or
2 16 revocation of a certificate under this chapter.
2 17 EXPLANATION
2 18 The department of inspections and appeals inspects elder
2 19 group homes, assisted living facilities, and adult day
2 20 services programs. Under current law, findings of fact in a
2 21 monitoring evaluation or a complaint investigation are
2 22 available to the public only after all administrative appeals
2 23 procedures are complete. This bill makes those findings
2 24 public after informal review by the department.
2 25 LSB 6504HC 82
2 26 jr/nh/5