S.F. _____ Section 1. Section 135C.20A, subsection 2, Code 2011, is 1 amended to read as follows: 2 2. The report card form shall be developed by the department 3 in cooperation with representatives of the department 4 on aging, the state long-term care resident’s advocate 5 ombudsman , representatives of resident advocate committees, 6 representatives of protection and advocacy entities, consumers, 7 and other interested persons. 8 Sec. 2. Section 135C.37, Code 2011, is amended to read as 9 follows: 10 135C.37 Complaints alleging violations —— confidentiality. 11 A person may request an inspection of a health care facility 12 by filing with the department, resident advocate committee of 13 the facility, or the state office of long-term care resident’s 14 advocate ombudsman as established pursuant to section 231.42 , a 15 complaint of an alleged violation of applicable requirements 16 of this chapter or the rules adopted pursuant to this chapter . 17 A person alleging abuse or neglect of a resident with a 18 developmental disability or with mental illness may also 19 file a complaint with the protection and advocacy agency 20 designated pursuant to section 135B.9 or section 135C.2 . A 21 copy of a complaint filed with the resident advocate committee 22 or the state office of long-term care resident’s advocate 23 ombudsman shall be forwarded to the department. The complaint 24 shall state in a reasonably specific manner the basis of the 25 complaint, and a statement of the nature of the complaint 26 shall be delivered to the facility involved at the time of 27 the inspection. The name of the person who files a complaint 28 with the department, resident advocate committee, or the state 29 office of long-term care resident’s advocate ombudsman shall 30 be kept confidential and shall not be subject to discovery, 31 subpoena, or other means of legal compulsion for its release 32 to a person other than department employees involved in the 33 investigation of the complaint. 34 Sec. 3. Section 135C.38, subsection 2, paragraph d, Code 35 -1- LSB 1285SC (1) 84 pf/nh 1/ 16

S.F. _____ 2011, is amended to read as follows: 1 d. A person who is dissatisfied with any aspect of the 2 department’s handling of the complaint may contact the state 3 office of long-term care resident’s advocate ombudsman , 4 established pursuant to section 231.42 , or may contact 5 the protection and advocacy agency designated pursuant to 6 section 135C.2 if the complaint relates to a resident with a 7 developmental disability or a mental illness. 8 Sec. 4. Section 231.4, Code 2011, is amended by adding the 9 following new subsections: 10 NEW SUBSECTION . 10A. “Local long-term care ombudsman” or 11 “local ombudsman” means a local ombudsman or a representative of 12 the office that is designated by the state ombudsman. 13 NEW SUBSECTION . 13A. “State long-term care ombudsman” or 14 “state ombudsman” means the state long-term care ombudsman 15 described in section 231.42. 16 NEW SUBSECTION . 13B. “State office of long-term care 17 ombudsman” or “office” means the state office of long-term care 18 ombudsman established in section 231.42. 19 Sec. 5. Section 231.23A, subsection 7, Code 2011, is amended 20 to read as follows: 21 7. Administration relating to the state office of long-term 22 care resident’s advocate ombudsman and training for resident 23 advocate committees. 24 Sec. 6. Section 231.41, Code 2011, is amended to read as 25 follows: 26 231.41 Purpose. 27 The purpose of this subchapter is to establish the state 28 office of long-term care resident’s advocate within ombudsman 29 attached to the department as specified in this subchapter and 30 in accordance with the requirements of the federal Act, and to 31 adopt the supporting federal regulations and guidelines for its 32 operation. 33 Sec. 7. Section 231.42, Code 2011, is amended to read as 34 follows: 35 -2- LSB 1285SC (1) 84 pf/nh 2/ 16

S.F. _____ 231.42 Office State office of long-term care resident’s 1 advocate ombudsman —— duties —— penalties for violations. 2 1. Office State office established. The state office of 3 long-term care resident’s advocate ombudsman is established 4 within as a distinct unit attached to the department for the 5 limited purposes as specified in section 7E.2, subsection 5 , 6 and in accordance with section 712 of the federal Act, as 7 codified at 42 U.S.C. § 3058g. The office shall consist of the 8 state long-term care resident’s advocate and ombudsman, any 9 representatives of the office, and any local long-term care 10 resident’s advocates ombudsmen . 11 2. State long-term care resident’s advocate ombudsman . The 12 director of the department , in consultation with the 13 commission, shall appoint hire the state long-term care 14 resident’s advocate ombudsman who shall personally, or through 15 representatives of the office, do all of the following: 16 a. Establish and implement a statewide confidential 17 uniform reporting system for receiving, analyzing, referring, 18 investigating, and resolving complaints about administrative 19 actions and the health, safety, welfare, and rights of 20 residents or tenants of long-term care facilities, assisted 21 living programs, and elder group homes, excluding facilities 22 licensed primarily to serve persons with mental retardation or 23 mental illness. 24 b. Publicize the office of long-term care resident’s 25 advocate and provide information and education to consumers, 26 the public, and other agencies about issues related to 27 long-term care in Iowa. 28 c. Monitor the development and implementation of federal, 29 state, and local laws, regulations, and policies that relate to 30 long-term care in Iowa. 31 a. Exercise the powers, duties, functions, and 32 responsibilities established in the federal Act independent of 33 any state agency and in accordance with the federal Act. 34 b. Provide information, data, and recommendations to the 35 -3- LSB 1285SC (1) 84 pf/nh 3/ 16

S.F. _____ director, the commission, the department of inspections and 1 appeals, other appropriate public and private agencies, and 2 other persons regarding issues pertaining to the residents of 3 long-term care facilities, assisted living programs, and elder 4 group homes. 5 c. Identify, investigate, and resolve complaints made by 6 or on behalf of residents that relate to action, inaction, 7 or decisions that may adversely affect the health, safety, 8 welfare, or rights of the residents, including the welfare 9 and rights of residents with respect to the appointment and 10 activities of guardians and representative payees, of any of 11 the following: 12 (1) Providers or representatives of providers of long-term 13 care services. 14 (2) Public agencies. 15 (3) Health and social service agencies. 16 d. Provide services to assist residents in protecting the 17 health, safety, welfare, and rights of the residents. 18 e. Inform residents about the means of obtaining services 19 provided by providers or agencies. 20 f. Ensure that residents have regular and timely access to 21 the services provided through the office and that the residents 22 and complainants receive timely responses to complaints from 23 representatives of the office. 24 g. Represent the interests of residents before governmental 25 agencies and seek administrative, legal, and other remedies to 26 protect the health, safety, welfare, and rights of residents. 27 h. Provide administrative and technical assistance to local 28 long-term care ombudsmen to assist them in participating in the 29 programs under this subchapter. 30 i. (1) Analyze, comment on, and monitor the development and 31 implementation of federal, state, and local laws, regulations, 32 and other governmental policies and actions, that pertain to 33 the health, safety, welfare, and rights of residents, with 34 respect to the adequacy of long-term care facilities, assisted 35 -4- LSB 1285SC (1) 84 pf/nh 4/ 16

S.F. _____ living programs, elder group homes, and long-term care services 1 in the state. 2 (2) Recommend any changes in such laws, regulations, 3 policies, and actions as the office determines to be 4 appropriate. 5 (3) Facilitate public comment on the laws, regulations, 6 policies, and actions. 7 j. (1) Promote the development of citizen organizations to 8 participate in the programs under this subchapter. 9 (2) Provide technical support for the development of 10 resident and family councils to protect the well-being and 11 rights of residents. 12 (3) Carry out such other activities as determined to be 13 appropriate by the commission pursuant to the federal Act. 14 d. k. Annually report to the governor and general assembly 15 on the activities of the office and make and other information 16 required by the federal Act including recommendations for 17 improving the health, safety, welfare, and rights of residents 18 and tenants of long-term care facilities, assisted living 19 programs, and elder group homes. 20 e. Cooperate with persons and public or private agencies 21 with regard to, and participate in, inquiries, meetings, 22 or studies that may lead to improvements in the health, 23 safety, welfare, and rights of residents and tenants and the 24 functioning of long-term care facilities, assisted living 25 programs, and elder group homes. 26 f. l. Recruit, train, educate, support, and monitor 27 volunteers associated with the office. 28 m. Hire, train, supervise, evaluate, and monitor local 29 ombudsmen and representatives of the office. 30 n. Establish and implement a statewide confidential uniform 31 reporting system. 32 o. Ensure compliance with conflict of interest provisions 33 of the federal Act. 34 p. Establish and chair an advisory committee that shall 35 -5- LSB 1285SC (1) 84 pf/nh 5/ 16

S.F. _____ consist of but is not limited to at least one representative 1 of the commission, the department of inspections and appeals, 2 the long-term care industry including nursing facilities and 3 assisted living programs, the Iowa caregivers association, 4 area agencies on aging, and other stakeholders, consumers, 5 caregivers, and members of the public. 6 (1) Advisory committee members shall be appointed by 7 the commission in consultation with the state long-term care 8 ombudsman. 9 (2) The advisory committee shall do all of the following: 10 (a) Ensure the autonomy of the office as mandated by the 11 federal Act. 12 (b) Review and provide comment on the procedures of the 13 office regarding complaint investigations, noncomplaint-related 14 visits, and in-service programs. 15 (c) Review and comment on the annual report prior to public 16 dissemination. 17 (d) Assist in identifying trends in the long-term care 18 industry. 19 (e) Assist in identifying opportunities for consumer 20 awareness, provider in-service programs, and professional 21 education. 22 (f) Provide support for office initiatives. 23 (g) Assist in the dissemination of information regarding 24 the office. 25 (h) Participate in the performance review process and 26 provide comments to the director prior to the annual review of 27 the state long-term care ombudsman. 28 3. Department duties. The department shall do all of the 29 following: 30 a. Provide fiscal, human resources, and media assistance to 31 the office through a chapter 28E agreement. The department may 32 provide other services to the office as mutually agreed upon 33 in writing. 34 b. Include the office’s budget and legislative requests with 35 -6- LSB 1285SC (1) 84 pf/nh 6/ 16

S.F. _____ the department’s annual submission as originally submitted by 1 the office, unless changes are mutually agreed upon in writing. 2 c. Ensure that adequate legal counsel is available to 3 protect the health, safety, welfare, and rights of residents; 4 to assist the office, state ombudsman, local ombudsmen, and 5 representatives of the office in the performance of official 6 duties; and for other purposes as prescribed by the federal 7 Act. 8 4. Commission duties. The commission shall do all of the 9 following: 10 a. Establish a process to work with the director to 11 search for and interview candidates for the position of 12 state long-term care ombudsman and make a recommendation for 13 selection of a candidate to the director. 14 b. Ensure compliance with all rules and regulations that 15 ensure autonomy of the office. 16 c. Ensure support of and assistance to the office by the 17 director. 18 d. Receive and review reports of the activities of the 19 office. 20 e. Participate in the long-term care ombudsman advisory 21 committee. 22 f. Participate in the performance review process and provide 23 comments to the director prior to the annual review of the 24 state long-term care ombudsman. 25 3. Local long-term care resident’s advocates. The local 26 long-term care resident’s advocates established pursuant to 27 this section shall do all of the following: 28 a. Accept, investigate, verify, and work to resolve 29 complaints, whether reported to or initiated by a long-term 30 care resident’s advocate, relating to any action or inaction 31 that may adversely affect the health, safety, welfare, or 32 rights of residents or tenants of a long-term care facility, 33 assisted living program, or elder group home. 34 b. Provide information about long-term care, the rights of 35 -7- LSB 1285SC (1) 84 pf/nh 7/ 16

S.F. _____ residents and tenants, payment sources for care, and selection 1 of a long-term care facility, assisted living program, or elder 2 group home to providers, consumers, family members, volunteers, 3 and the public. 4 c. Make referrals to appropriate licensing, certifying, and 5 enforcement agencies to assure appropriate investigation of 6 abuse complaints and corrective actions. 7 d. Assist in the recruitment, training, education, support, 8 and monitoring of volunteers associated with the office of the 9 long-term care resident’s advocate. 10 e. Make noncomplaint-related visits to long-term care 11 facilities, assisted living programs, and elder group homes 12 to observe daily routines, meals, and activities, and work to 13 resolve complaints if any are identified during these visits. 14 4. 5. Referrals of abuse, neglect, or exploitation. 15 a. If abuse, neglect, or exploitation of a resident or 16 tenant of a long-term care facility, assisted living program, 17 or elder group home is suspected, the state ombudsman or a 18 local long-term care resident’s advocate ombudsman shall, with 19 the permission of the resident or tenant as applicable under 20 federal law, make an immediate referral to the department of 21 inspections and appeals or the department of human services 22 as applicable, and to the appropriate law enforcement agency. 23 The state ombudsman or a local long-term care resident’s 24 advocate ombudsman shall cooperate participate , if requested, 25 with the department of inspections and appeals, department of 26 human services, or any law enforcement agency pursuant to any 27 investigation of such abuse, neglect, or exploitation. 28 b. If the department of inspections and appeals responds 29 to a complaint referred by the state ombudsman or a local 30 long-term care resident’s advocate ombudsman against a 31 long-term care facility, assisted living program, elder 32 group home, or an employee of such entity, copies of related 33 inspection reports, plans of correction, and notice of any 34 citations and sanctions levied against the facility, program, 35 -8- LSB 1285SC (1) 84 pf/nh 8/ 16

S.F. _____ or home shall be forwarded to the state office of the long-term 1 care resident’s advocate ombudsman . 2 5. 6. Access to facility, program, or home. The state 3 ombudsman or a local long-term care resident’s advocate 4 ombudsman or a trained volunteer may enter any long-term care 5 facility, assisted living program, or elder group home at any 6 time with or without prior notice or complaint and shall be 7 granted access to residents and tenants at all times for the 8 purpose of carrying out the duties specified in this section . 9 As used in this section , “access” means the right to do all of 10 the following: 11 a. Enter any long-term care facility, assisted living 12 program, or elder group home and provide identification. 13 b. Seek consent to communicate privately and without 14 restriction with any resident or tenant. 15 c. b. Communicate privately and without restriction 16 with any resident, tenant, legal representative, or other 17 representative who consents to communication. 18 d. c. Review the clinical or other records of a resident or 19 tenant when a complaint is filed with the office . 20 e. d. Observe all resident or tenant areas of a facility, 21 program, or housing establishment except the living area of any 22 resident or tenant who protests the observation. 23 6. 7. Access to medical and personal records , documents, and 24 information . 25 a. The state ombudsman or a local long-term care resident’s 26 advocate ombudsman shall have access to the medical and 27 personal records of an individual who is a resident or tenant 28 of a long-term care facility, assisted living program, or elder 29 group home retained by the facility, program, or home . in 30 either of the following circumstances: 31 (1) If a complaint is filed with the office and one of the 32 following conditions is met: 33 (a) The state ombudsman or local ombudsman has the 34 permission of the resident or the resident’s legal 35 -9- LSB 1285SC (1) 84 pf/nh 9/ 16

S.F. _____ representative. 1 (b) The resident is unable to consent but has no legal 2 representative. 3 (2) As necessary to investigate a complaint if a resident’s 4 legal representative refuses to provide permission, the state 5 ombudsman or local ombudsman has reasonable cause to believe 6 the representative is not acting in the best interest of the 7 resident, and, if the local ombudsman is investigating, the 8 local ombudsman obtains approval from the state ombudsman. 9 b. Records and other documents accessed under this 10 subsection may be reproduced by the state ombudsman or a local 11 long-term care resident’s advocate ombudsman . 12 c. The state ombudsman or local ombudsman shall have 13 access to administrative records, policies, and documents of a 14 facility, program, or home to which the residents have or the 15 general public has access. 16 d. The state ombudsman or local ombudsman shall have access 17 to and, upon request, may obtain copies of all licensing and 18 certification records maintained by the state with respect to 19 long-term care facilities, assisted living programs, or elder 20 group homes. 21 c. e. Upon request of the state ombudsman or a local 22 long-term care resident’s advocate ombudsman , a long-term care 23 facility, assisted living program, or elder group home shall 24 provide the name, address, and telephone number of the legal 25 representative or next of kin of any resident or tenant . 26 d. f. A long-term care facility, assisted living program, 27 or elder group home or personnel of such a facility, program, 28 or home who discloses records , documents, or information 29 in compliance with this section and the procedures adopted 30 pursuant to this section shall not be liable for such 31 disclosure. 32 7. 8. Interference prohibited —— penalties. 33 a. An officer, owner, director, or employee of a long-term 34 care facility, assisted living program, or elder group home who 35 -10- LSB 1285SC (1) 84 pf/nh 10/ 16

S.F. _____ intentionally prevents, interferes with, or attempts to impede 1 the work of the state ombudsman or a local long-term care 2 resident’s advocate ombudsman is subject to a penalty imposed 3 by the director , in consultation with the state ombudsman, 4 of not more than one thousand five hundred dollars for each 5 violation. If the director imposes a penalty for a violation 6 under this paragraph, no other state agency shall impose a 7 penalty for the same interference violation. Any moneys 8 collected pursuant to this subsection shall be deposited in the 9 general fund of the state. 10 b. The state office of the long-term care resident’s 11 advocate ombudsman shall adopt rules specifying procedures 12 for notice and appeal of penalties imposed pursuant to this 13 subsection . 14 c. The director, in consultation with the office of the 15 state long-term care resident’s advocate ombudsman , shall 16 notify the county attorney of the county in which the long-term 17 care facility, assisted living program, or elder group home 18 is located, or the attorney general, of any violation of this 19 subsection . 20 8. 9. Retaliation prohibited —— penalties. An officer, 21 owner, director, or employee of a long-term care facility, 22 assisted living program, or elder group home shall not 23 retaliate against any person for having filed a complaint with, 24 or provided information to, the state ombudsman or a local 25 long-term care resident’s advocate ombudsman . A person who 26 retaliates or discriminates in violation of this subsection is 27 guilty of a simple misdemeanor. 28 9. 10. Change in operations. A long-term care facility, 29 assisted living program, or elder group home shall inform 30 the state office of the long-term care resident’s advocate 31 ombudsman in writing at least thirty days prior to any change 32 in operations, programs, services, licensure, or certification 33 that affects residents or tenants , including but not limited 34 to the intention to close, decertify, or change ownership. In 35 -11- LSB 1285SC (1) 84 pf/nh 11/ 16

S.F. _____ an emergency situation, or when a long-term care facility, 1 assisted living program, or elder group home is evacuated, the 2 department of inspections and appeals facility, program, or 3 home shall notify the state office of the state long-term care 4 resident’s advocate ombudsman . 5 10. 11. Immunity. The state ombudsman or a local long-term 6 care resident’s advocate ombudsman or any representative of the 7 office participating in the good faith performance of their 8 official duties shall have immunity from any civil or criminal 9 liability that otherwise might result by reason of taking, 10 investigating, or pursuing a complaint under this section . 11 11. 12. Confidentiality and disclosure . Information 12 relating to any complaint made to or investigation by the 13 state ombudsman or a local long-term care resident’s advocate 14 ombudsman that discloses the identity of a complainant , or 15 resident, or tenant, or information related to a resident’s or 16 tenant’s personal or medical records, shall remain confidential 17 except as follows: 18 a. If unless permission is granted by the director in 19 consultation with the state long-term care resident’s advocate. 20 ombudsman and one of the following applies: 21 b. a. If disclosure is authorized in writing by 22 the complainant and the to disclose the identity of the 23 complainant. 24 b. If disclosure is authorized by the resident , tenant, or 25 the individual’s resident’s guardian or legal representative to 26 disclose the identity of the resident or information relating 27 to the resident’s personal or medical records . 28 c. If disclosure is necessary for the provision of services 29 to a resident or tenant , or the resident or tenant is unable to 30 express written or oral consent. 31 d. If ordered by a court. 32 12. 13. Posting of state long-term care resident’s 33 advocate ombudsman information. Every long-term care facility, 34 assisted living program, and elder group home shall post 35 -12- LSB 1285SC (1) 84 pf/nh 12/ 16

S.F. _____ information in a prominent location that includes the name, 1 address, and telephone number, and a brief description of the 2 services provided by the state office of the long-term care 3 resident’s advocate ombudsman . The information posted shall be 4 approved or provided by the state office of the long-term care 5 resident’s advocate ombudsman . 6 Sec. 8. Section 231.44, subsections 1 and 4, Code 2011, are 7 amended to read as follows: 8 1. The resident advocate committee volunteer program 9 is administered by the state office of the long-term care 10 resident’s advocate ombudsman . The state and any local 11 long-term care resident’s advocate office shall provide 12 information, assistance, and support to resident advocate 13 committee program volunteers to the extent possible. If 14 funding becomes insufficient to process applications and new 15 appointments to resident advocate committees can no longer be 16 made, the director shall notify the director of the department 17 of inspections and appeals. A health care facility shall not 18 be found in violation of section 135C.25 for not having a 19 resident advocate committee if new appointments cannot be made 20 as documented in accordance with this subsection . 21 4. The state, any resident advocate committee member, and 22 any local long-term care resident’s advocate ombudsman are 23 not liable for an action undertaken by a resident advocate 24 committee member or a local long-term care resident’s advocate 25 ombudsman in the performance of duty, if the action is 26 undertaken and carried out reasonably and in good faith. 27 Sec. 9. Section 231.62, subsection 2, Code 2011, is amended 28 to read as follows: 29 2. The department shall act within the funding available 30 to the department to expand and improve training and 31 education of persons who regularly deal with persons with 32 Alzheimer’s disease and similar forms of irreversible 33 dementia. Such persons shall include but are not limited to 34 law enforcement personnel, long-term care resident’s advocates 35 -13- LSB 1285SC (1) 84 pf/nh 13/ 16

S.F. _____ the state ombudsman or local ombudsmen , state employees with 1 responsibilities for oversight or monitoring of agencies 2 providing long-term care services, and workers and managers in 3 services providing direct care to such persons, such as nursing 4 facilities and other long-term care settings, assisted living 5 programs, elder group homes, residential care facilities, adult 6 day facilities, and home health care services. The actions 7 shall include but are not limited to adopting rules. 8 Sec. 10. Section 231B.1, subsection 10, Code 2011, is 9 amended to read as follows: 10 10. “Tenant advocate” means the state office of the 11 long-term care resident’s advocate ombudsman established in 12 section 231.42 . 13 Sec. 11. Section 231C.2, subsection 14, Code 2011, is 14 amended to read as follows: 15 14. “Tenant advocate” means the state office of long-term 16 care resident’s advocate ombudsman established in section 17 231.42 . 18 Sec. 12. Section 235B.6, subsection 2, paragraph e, 19 subparagraph (10), Code 2011, is amended to read as follows: 20 (10) The state long-term care ombudsman or a local long-term 21 care resident’s advocate long-term care ombudsman if the victim 22 resides in a long-term care facility or the alleged perpetrator 23 is an employee of a long-term care facility. 24 EXPLANATION 25 This bill relates to the state office of long-term care 26 ombudsman, the state long-term care ombudsman, local long-term 27 care ombudsmen, and representatives of these entities. 28 The bill changes the term “resident’s advocate” to ombudsman 29 throughout the Code. The bill establishes the duties of the 30 state long-term care ombudsman, the department on aging, and 31 the commission on aging. Under the bill, the “state office” 32 is established as a distinct unit attached to the department 33 on aging as prescribed in Code section 7E.2, subsection 34 5, which provides that the distinct unit is to operate 35 -14- LSB 1285SC (1) 84 pf/nh 14/ 16

S.F. _____ independently of the head of the department, but budgeting, 1 program coordination, and related management functions are 2 to be performed under the direction and supervision of the 3 head of the department, unless otherwise provided by law. The 4 bill provides for the establishment of an advisory committee 5 whose members are to represent specified entities and are 6 appointed by the commission on aging in consultation with 7 the state long-term care ombudsman. The bill specifies 8 the duties of the advisory committee including ensuring the 9 autonomy of the office; reviewing and providing comment on the 10 procedures of the office regarding complaint investigations, 11 noncomplaint-related visits, and in-service programs; 12 reviewing and commenting on the annual report submitted by the 13 state ombudsman prior to public dissemination; assisting in 14 identifying trends in the long-term care industry; assisting 15 in identifying opportunities for consumer awareness, provider 16 in-service programs, and professional education; providing 17 support for office initiatives; assisting in the dissemination 18 of information regarding the office; and participating in 19 the performance review process and providing comments to the 20 director prior to the annual review of the state long-term care 21 ombudsman. 22 The bill specifies that the duties of the commission on 23 aging include establishing a process to work with the director 24 to search for and interview candidates for the position of 25 state long-term care ombudsman and making a recommendation for 26 selection of a candidate to the director; ensuring compliance 27 with all rules and regulations that ensure autonomy of the 28 office; ensuring support of and assistance to the office by the 29 director; receiving and reviewing reports of the activities 30 of the office; participating in the long-term care ombudsman 31 advisory committee; and participating in the performance review 32 process and providing comments to the director prior to the 33 annual review of the state long-term care ombudsman. 34 The duties of the department specified under the bill 35 -15- LSB 1285SC (1) 84 pf/nh 15/ 16

S.F. _____ include providing fiscal, human resources, and media assistance 1 to the office through a Code chapter 28E agreement and 2 providing other services to the office as mutually agreed upon 3 in writing, including the office’s budget and legislative 4 requests with the department’s annual submission as originally 5 submitted by the office, unless changes are mutually agreed 6 upon in writing, and ensuring that adequate legal counsel is 7 available to protect the health, safety, welfare, and rights 8 of residents and to assist the office, state ombudsman, local 9 ombudsmen, and representatives of the office in the performance 10 of official duties. 11 -16- LSB 1285SC (1) 84 pf/nh 16/ 16