S.F. 2167 Section 1. Section 135B.34, subsection 2, paragraph b, 1 subparagraph (2), Code 2014, is amended to read as follows: 2 (2) Subparagraph (1) applies to a crime that is a simple 3 misdemeanor offense under section 123.47 or chapter 321 , and 4 to a crime that is a first offense of operating a motor vehicle 5 while intoxicated under section 321J.2, subsection 1 . 6 Sec. 2. Section 135B.34, subsection 5, paragraphs a and b, 7 Code 2014, are amended to read as follows: 8 a. If a person employed by a hospital that is subject 9 to this section is convicted of a crime or has a record of 10 founded child or dependent adult abuse entered in the abuse 11 registry after the person’s employment application date, the 12 person shall inform the hospital of such information within 13 forty-eight hours of the criminal conviction or entry of the 14 record of founded child or dependent adult abuse. The hospital 15 shall act to verify the information within forty-eight hours 16 seven calendar days of notification. If the information 17 is verified, the requirements of subsections 2, 3, and 4 18 regarding employability and evaluations shall be applied by the 19 hospital to determine whether or not the person’s employment 20 is continued. The hospital may continue to employ the person 21 pending the performance of an evaluation by the department of 22 human services to determine whether prohibition of the person’s 23 employment is warranted. A person who is required by this 24 subsection to inform the person’s employer of a conviction or 25 entry of an abuse record and fails to do so within the required 26 period commits a serious misdemeanor. 27 b. If a hospital receives credible information, as 28 determined by the hospital, that a person employed by the 29 hospital has been convicted of a crime or a record of founded 30 child or dependent adult abuse has been entered in the 31 abuse registry after employment from a person other than the 32 employee and the employee has not informed the hospital of 33 such information within the period required under paragraph 34 “a” , the hospital shall act to verify the credible information 35 -1- LSB 5304SV (2) 85 ad/nh 1/ 19

S.F. 2167 within forty-eight hours seven calendar days of receipt of the 1 credible information. If the information is verified, the 2 requirements of subsections 2, 3, and 4 regarding employability 3 and evaluations shall be applied by the hospital to determine 4 whether or not the person’s employment is continued. 5 Sec. 3. Section 135C.10, subsection 9, Code 2014, is amended 6 to read as follows: 7 9. In the case of an application by an existing licensee 8 for a new or newly acquired facility, continuing or repeated 9 failure of the licensee to operate any previously licensed 10 facility or facilities in compliance with the provisions of 11 this chapter or of , the rules adopted pursuant to it this 12 chapter, or equivalent provisions that the facility is subject 13 to in this state or any other state . 14 Sec. 4. Section 135C.10, Code 2014, is amended by adding the 15 following new subsection: 16 NEW SUBSECTION . 11. Preventing or interfering with or 17 attempting to prevent or interfere with the performance by any 18 duly authorized representative of the department of the lawful 19 enforcement of this chapter or of the rules adopted pursuant to 20 this chapter. As used in this subsection, “lawful enforcement” 21 includes but is not limited to the following: 22 a. Contacting or interviewing any resident of a health care 23 facility in private at any reasonable hour and without advance 24 notice. 25 b. Examining any relevant books or records of a health 26 care facility unless otherwise protected from disclosure by 27 operation of law. 28 c. Preserving evidence of any violation of this chapter or 29 of the rules adopted pursuant to this chapter. 30 Sec. 5. Section 135C.11, subsection 2, Code 2014, is amended 31 to read as follows: 32 2. The procedure governing hearings authorized by this 33 section shall be in accordance with the rules promulgated by 34 the department. A full and complete record shall be kept 35 -2- LSB 5304SV (2) 85 ad/nh 2/ 19

S.F. 2167 of all proceedings, and all testimony shall be reported but 1 need not be transcribed unless judicial review is sought 2 pursuant to section 135C.13 . Copies of the transcript may be 3 obtained by an interested party upon payment of the cost of 4 preparing the copies. Witnesses may be subpoenaed by either 5 party and shall be allowed fees at a rate prescribed by the 6 department’s rules. The director may, after advising the 7 certified volunteer long-term care ombudsman a representative 8 of the office of long-term care ombudsman , either proceed in 9 accordance with section 135C.30 , or remove all residents and 10 suspend the license or licenses of any health care facility, 11 prior to a hearing, when the director finds that the health 12 or safety of residents of the health care facility requires 13 such action on an emergency basis. The fact that a certified 14 volunteer long-term care ombudsman has not been appointed for a 15 particular facility shall not bar the director from exercising 16 the emergency powers granted by this subsection with respect 17 to that facility. 18 Sec. 6. Section 135C.13, Code 2014, is amended to read as 19 follows: 20 135C.13 Judicial review. 21 Judicial review of any action of the director may be sought 22 in accordance with the terms of the Iowa administrative 23 procedure Act, chapter 17A . Notwithstanding the terms of 24 chapter 17A , petitions for judicial review may be filed in the 25 district court of the county where the facility or proposed 26 facility is located, and pending final disposition of the 27 matter the status quo of the applicant or licensee shall be 28 preserved except when the director, with the advice and consent 29 after advising a representative of the certified volunteer 30 office of long-term care ombudsman, determines that the health, 31 safety , or welfare of the residents of the facility is in 32 immediate danger, in which case the director may order the 33 immediate removal of such residents. The fact that a certified 34 volunteer long-term care ombudsman has not been appointed for a 35 -3- LSB 5304SV (2) 85 ad/nh 3/ 19

S.F. 2167 particular facility shall not bar the director from exercising 1 the emergency powers granted by this section with respect to 2 that facility. 3 Sec. 7. Section 135C.14, subsection 8, paragraph d, Code 4 2014, is amended to read as follows: 5 d. The notification of certified volunteer the office 6 of long-term care ombudsmen ombudsman by the department of 7 all complaints relating to health care facilities and the 8 involvement of the certified volunteer office of long-term care 9 ombudsmen ombudsman in resolution of the complaints. 10 Sec. 8. Section 135C.16, subsection 3, Code 2014, is amended 11 to read as follows: 12 3. An inspector authorized representative of the department 13 may enter any licensed health care facility without a 14 warrant, and may examine all records pertaining to the care 15 provided residents of the facility. An inspector authorized 16 representative of the department may contact or interview 17 any resident, employee, or any other person who might have 18 knowledge about the operation of a health care facility. 19 An inspector authorized representative of the department 20 of human services shall have the same right with respect 21 to any facility where one or more residents are cared for 22 entirely or partially at public expense, and an investigator 23 authorized representative of the designated protection and 24 advocacy agency shall have the same right with respect to 25 any facility where one or more residents have developmental 26 disabilities or mental illnesses, and the state fire marshal 27 or a deputy appointed pursuant to section 135C.9, subsection 28 1 , paragraph “b” , shall have the same right of entry into any 29 facility and the right to inspect any records pertinent to 30 fire safety practices and conditions within that facility , and 31 an authorized representative of the office of long-term care 32 ombudsman shall have the same right with respect to any nursing 33 facility or residential care facility . If any such inspector 34 authorized representative has probable cause to believe that 35 -4- LSB 5304SV (2) 85 ad/nh 4/ 19

S.F. 2167 any institution, building, or agency not licensed as a health 1 care facility is in fact a health care facility as defined 2 by this chapter , and upon producing identification that the 3 individual is an inspector authorized representative is denied 4 entry thereto for the purpose of making an inspection, the 5 inspector authorized representative may, with the assistance 6 of the county attorney of the county in which the purported 7 health care facility is located, apply to the district court 8 for an order requiring the owner or occupant to permit entry 9 and inspection of the premises to determine whether there have 10 been any violations of this chapter . 11 Sec. 9. Section 135C.17, Code 2014, is amended to read as 12 follows: 13 135C.17 Duties of other departments. 14 It shall be the duty of the department of human services, 15 state fire marshal, office of long-term care ombudsman, and 16 the officers and agents of other state and local governmental 17 units, and the designated protection and advocacy agency to 18 assist the department in carrying out the provisions of this 19 chapter , insofar as the functions of these respective offices 20 and departments are concerned with the health, welfare, and 21 safety of any resident of any health care facility. It shall 22 be the duty of the department to cooperate with the protection 23 and advocacy agency and the office of long-term care ombudsman 24 by responding to all reasonable requests for assistance and 25 information as required by federal law and this chapter . 26 Sec. 10. Section 135C.19, subsection 2, paragraph b, Code 27 2014, is amended to read as follows: 28 b. A copy of each citation required to be posted by this 29 subsection shall be sent by the department to the department 30 of human services and , to the designated protection and 31 advocacy agency if the facility has one or more residents 32 with developmental disabilities or mental illness , and to the 33 office of long-term care ombudsman if the facility is a nursing 34 facility or residential care facility . 35 -5- LSB 5304SV (2) 85 ad/nh 5/ 19

S.F. 2167 Sec. 11. Section 135C.33, subsection 2, paragraph b, 1 subparagraph (2), Code 2014, is amended to read as follows: 2 (2) Subparagraph (1) applies to a crime that is a simple 3 misdemeanor offense under section 123.47 or chapter 321 , and 4 to a crime that is a first offense of operating a motor vehicle 5 while intoxicated under section 321J.2, subsection 1 . 6 Sec. 12. Section 135C.33, subsection 7, paragraphs a and b, 7 Code 2014, are amended to read as follows: 8 a. If a person employed by a facility, service, or program 9 employer that is subject to this section is convicted of a 10 crime or has a record of founded child or dependent adult abuse 11 entered in the abuse registry after the person’s employment 12 application date, the person shall inform the employer of such 13 information within forty-eight hours of the criminal conviction 14 or entry of the record of founded child or dependent adult 15 abuse. The employer shall act to verify the information within 16 forty-eight hours seven calendar days of notification. If the 17 information is verified, the requirements of subsections 2, 3, 18 and 4 regarding employability and evaluations shall be applied 19 by the employer to determine whether or not the person’s 20 employment is continued. The employer may continue to employ 21 the person pending the performance of an evaluation by the 22 department of human services to determine whether prohibition 23 of the person’s employment is warranted. A person who is 24 required by this subsection to inform the person’s employer of 25 a conviction or entry of an abuse record and fails to do so 26 within the required period commits a serious misdemeanor. 27 b. If a facility, service, or program employer receives 28 credible information, as determined by the employer, that a 29 person employed by the employer has been convicted of a crime 30 or a record of founded child or dependent adult abuse has been 31 entered in the abuse registry after employment from a person 32 other than the employee and the employee has not informed the 33 employer of such information within the period required under 34 paragraph “a” , the employer shall act to verify the credible 35 -6- LSB 5304SV (2) 85 ad/nh 6/ 19

S.F. 2167 information within forty-eight hours seven calendar days of 1 receipt of the credible information. If the information is 2 verified, the requirements of subsections 2, 3, and 4 regarding 3 employability and evaluations shall be applied to determine 4 whether or not the person’s employment is continued. 5 Sec. 13. Section 135C.33, subsection 8, paragraph d, 6 subparagraph (2), Code 2014, is amended to read as follows: 7 (2) Subparagraph (1) applies to a crime that is a simple 8 misdemeanor offense under section 123.47 or chapter 321 , and 9 to a crime that is a first offense of operating a motor vehicle 10 while intoxicated under section 321J.2, subsection 1 . 11 Sec. 14. Section 135C.33, subsection 8, paragraph e, 12 subparagraphs (1) and (2), Code 2014, are amended to read as 13 follows: 14 (1) If a student is convicted of a crime or has a record 15 of founded child or dependent adult abuse entered in the abuse 16 registry after the record checks and any evaluation have 17 been performed, the student shall inform the certified nurse 18 aide training program of such information within forty-eight 19 hours of the criminal conviction or entry of the record of 20 founded child or dependent adult abuse. The program shall 21 act to verify the information within forty-eight hours seven 22 calendar days of notification. If the information is verified, 23 the requirements of paragraph “c” shall be applied by the 24 program to determine whether or not the student’s involvement 25 in a clinical education component may continue. The program 26 may allow the student involvement to continue pending the 27 performance of an evaluation by the department of human 28 services. A student who is required by this subparagraph to 29 inform the program of a conviction or entry of an abuse record 30 and fails to do so within the required period commits a serious 31 misdemeanor. 32 (2) If a program receives credible information, as 33 determined by the program, that a student has been convicted 34 of a crime or a record of founded child or dependent adult 35 -7- LSB 5304SV (2) 85 ad/nh 7/ 19

S.F. 2167 abuse has been entered in the abuse registry after the record 1 checks and any evaluation have been performed, from a person 2 other than the student and the student has not informed the 3 program of such information within the period required under 4 subparagraph (1), the program shall act to verify the credible 5 information within forty-eight hours seven calendar days of 6 receipt of the credible information. If the information is 7 verified, the requirements of paragraph “c” shall be applied 8 to determine whether or not the student’s involvement in a 9 clinical education component may continue. 10 Sec. 15. Section 135C.38, subsection 1, paragraphs a and c, 11 Code 2014, are amended to read as follows: 12 a. Upon receipt of a complaint made in accordance with 13 section 135C.37 , the department or certified volunteer 14 long-term care ombudsman shall make a preliminary review of 15 the complaint. Unless the department or certified volunteer 16 long-term care ombudsman concludes that the complaint is 17 intended to harass a facility or a licensee or is without 18 reasonable basis, the department or certified volunteer 19 long-term care ombudsman shall make or cause to be made an 20 on-site inspection of the health care facility which is the 21 subject of the complaint within the time period determined 22 pursuant to the following guidelines, which period shall 23 commence on the date of receipt of the complaint: 24 (1) For nursing facilities, an on-site inspection shall be 25 initiated as follows: 26 (a) Within two working days for a complaint determined by 27 the department or certified volunteer long-term care ombudsman 28 to be an alleged immediate jeopardy situation. 29 (b) Within ten working days for a complaint determined by 30 the department or certified volunteer long-term care ombudsman 31 to be an alleged high-level, nonimmediate jeopardy situation. 32 (c) Within forty-five calendar days for a complaint 33 determined by the department or certified volunteer long-term 34 care ombudsman to be an alleged nonimmediate jeopardy 35 -8- LSB 5304SV (2) 85 ad/nh 8/ 19

S.F. 2167 situation, other than a high-level situation. 1 (2) For all other types of health care facilities, an 2 on-site inspection shall be initiated as follows: 3 (a) Within two working days for a complaint determined by 4 the department or certified volunteer long-term care ombudsman 5 to be an alleged immediate jeopardy situation. 6 (b) Within twenty working days for a complaint determined by 7 the department or certified volunteer long-term care ombudsman 8 to be an alleged high-level, nonimmediate jeopardy situation. 9 (c) Within forty-five calendar days for a complaint 10 determined by the department or certified volunteer long-term 11 care ombudsman to be an alleged nonimmediate jeopardy 12 situation, other than a high-level situation. 13 c. The department may refer to the certified volunteer a 14 representative of the office of long-term care ombudsman of a 15 facility any complaint received by the department regarding 16 that a facility, for initial evaluation and appropriate action 17 by the certified volunteer office of long-term care ombudsman. 18 Sec. 16. Section 135C.38, subsection 2, paragraph a, Code 19 2014, is amended to read as follows: 20 a. The complainant shall be promptly informed of the result 21 of any action taken by the department or certified volunteer 22 the office of long-term care ombudsman in the matter. The 23 complainant shall also be notified of the name, address, and 24 telephone number of the designated protection and advocacy 25 agency if the alleged violation involves a facility with one 26 or more residents with developmental disabilities or mental 27 illness. 28 Sec. 17. Section 135C.38, subsection 3, Code 2014, is 29 amended to read as follows: 30 3. An inspection made pursuant to a complaint filed under 31 section 135C.37 need not be limited to the matter or matters 32 included in the complaint. However, the inspection shall 33 not be a general inspection unless the complaint inspection 34 coincides with a scheduled general inspection or unless in the 35 -9- LSB 5304SV (2) 85 ad/nh 9/ 19

S.F. 2167 course of the complaint investigation a violation is evident to 1 the inspector. Upon arrival at the facility to be inspected, 2 the inspector shall show identification to the person in 3 charge of the facility and state that an inspection is to be 4 made, before beginning the inspection. Upon request of either 5 the complainant or the department or certified volunteer a 6 representative of the office of long-term care ombudsman, the 7 complainant or the complainant’s representative or both may 8 be allowed the privilege of accompanying the inspector during 9 any on-site inspection made pursuant to this section . The 10 inspector may cancel the privilege at any time if the inspector 11 determines that the privacy of any resident of the facility to 12 be inspected would otherwise be violated. The protection and 13 dignity of the resident shall be given first priority by the 14 inspector and others. 15 Sec. 18. Section 135C.38, subsection 4, Code 2014, is 16 amended by striking the subsection. 17 Sec. 19. Section 231B.8, Code 2014, is amended by striking 18 the section and inserting in lieu thereof the following: 19 231B.8 Exit interview —— issuance of findings. 20 1. The department shall provide an elder group home an 21 exit interview at the conclusion of a monitoring evaluation 22 or complaint investigation, and the department shall inform 23 the home’s representative of all issues and areas of concern 24 related to the insufficient practices. The department may 25 conduct the exit interview in person or by telephone, and 26 the department shall provide a second exit interview if any 27 additional issues or areas of concern are identified. The home 28 shall have two working days from the date of the exit interview 29 to submit additional or rebuttal information to the department. 30 2. The department shall issue the final findings of a 31 monitoring evaluation or complaint investigation within 32 ten working days after completion of the on-site monitoring 33 evaluation or complaint investigation. The final findings 34 shall be served upon the home personally, by electronic mail, 35 -10- LSB 5304SV (2) 85 ad/nh 10/ 19

S.F. 2167 or by certified mail. 1 Sec. 20. Section 231B.9, Code 2014, is amended to read as 2 follows: 3 231B.9 Public disclosure of findings. 4 Upon completion of a monitoring evaluation or complaint 5 investigation of an elder group home by the department pursuant 6 to this chapter , including the conclusion of informal review, 7 the department’s final findings with respect to compliance by 8 the elder group home with requirements for certification shall 9 be made available to the public in a readily available form 10 and place. Other information relating to an elder group home 11 that is obtained by the department which does not constitute 12 the department’s final findings from a monitoring evaluation or 13 complaint investigation of the elder group home shall not be 14 made available to the public except in proceedings involving 15 the denial, suspension, or revocation of a certificate under 16 this chapter . 17 Sec. 21. NEW SECTION . 231B.9A Informal conference —— formal 18 contest —— judicial review. 19 1. Within twenty business days after issuance of the final 20 findings, the elder group home shall notify the director if the 21 home desires to contest the findings and request an informal 22 conference. 23 2. The department shall provide an independent reviewer to 24 hold an informal conference with an elder group home within 25 ten working days after receiving a request from the home 26 pursuant to subsection 1. At the conclusion of the informal 27 conference, the independent reviewer may affirm, modify, or 28 dismiss a contested regulatory insufficiency. The independent 29 reviewer shall state in writing the specific reasons for 30 the affirmation, modification, or dismissal and immediately 31 transmit copies of the statement to the department and to the 32 home. 33 3. An independent reviewer shall be licensed as an attorney 34 in the state of Iowa and shall not be employed or have been 35 -11- LSB 5304SV (2) 85 ad/nh 11/ 19

S.F. 2167 employed by the department in the past eight years or have 1 appeared in front of the department on behalf of an elder group 2 home in the past eight years. Preference shall be given to an 3 attorney with background knowledge, experience, or training 4 in long-term care. The department may issue a request for 5 proposals to enter into a contract for the purpose of providing 6 one or more independent reviewers for informal conferences. 7 4. An elder group home that desires to further contest an 8 affirmed or modified regulatory insufficiency may do so in the 9 manner provided by chapter 17A for contested cases. The home 10 shall give notice of intent to formally contest a regulatory 11 insufficiency, in writing, to the department within five days 12 after receipt of the written decision of the independent 13 reviewer. The formal hearing shall be conducted in accordance 14 with chapter 17A and rules adopted by the department. 15 5. An elder group home that has exhausted all adequate 16 administrative remedies and is aggrieved by the final action of 17 the department may petition for judicial review in the manner 18 provided by chapter 17A. 19 Sec. 22. Section 231B.10, subsection 1, Code 2014, is 20 amended by adding the following new paragraphs: 21 NEW PARAGRAPH . 0i. In the case of an application by an 22 existing certificate holder for a new or newly acquired elder 23 group home, continuing or repeated failure of the certificate 24 holder to operate any previously certified elder group home 25 or homes in compliance with the provisions of this chapter, 26 the rules adopted pursuant to this chapter, or equivalent 27 provisions that the elder group home is subject to in this 28 state or any other state. 29 NEW PARAGRAPH . 00i. Preventing or interfering with or 30 attempting to prevent or interfere with the performance by any 31 duly authorized representative of the department of the lawful 32 enforcement of this chapter or of the rules adopted pursuant to 33 this chapter. As used in this paragraph, “lawful enforcement” 34 includes but is not limited to the following: 35 -12- LSB 5304SV (2) 85 ad/nh 12/ 19

S.F. 2167 (1) Contacting or interviewing any tenant of an elder group 1 home in private at any reasonable hour and without advance 2 notice. 3 (2) Examining any relevant books or records of an elder 4 group home unless otherwise protected from disclosure by 5 operation of law. 6 (3) Preserving evidence of any violation of this chapter or 7 of the rules adopted pursuant to this chapter. 8 Sec. 23. Section 231C.10, subsection 1, Code 2014, is 9 amended by adding the following new paragraphs: 10 NEW PARAGRAPH . 0i. In the case of an application by 11 an existing certificate holder for a new or newly acquired 12 assisted living program, continuing or repeated failure of the 13 certificate holder to operate any previously certified assisted 14 living program or programs in compliance with the provisions 15 of this chapter, the rules adopted pursuant to this chapter, 16 or equivalent provisions that the assisted living program is 17 subject to in this state or any other state. 18 NEW PARAGRAPH . 00i. Preventing or interfering with or 19 attempting to prevent or interfere with the performance by any 20 duly authorized representative of the department of the lawful 21 enforcement of this chapter or of the rules adopted pursuant to 22 this chapter. As used in this paragraph, “lawful enforcement” 23 includes but is not limited to the following: 24 (1) Contacting or interviewing any tenant of an assisted 25 living program in private at any reasonable hour and without 26 advance notice. 27 (2) Examining any relevant books or records of an assisted 28 living program unless otherwise protected from disclosure by 29 operation of law. 30 (3) Preserving evidence of any violation of this chapter or 31 of the rules adopted pursuant to this chapter. 32 Sec. 24. Section 231D.5, subsection 1, Code 2014, is amended 33 by adding the following new paragraphs: 34 NEW PARAGRAPH . 0k. In the case of an application by 35 -13- LSB 5304SV (2) 85 ad/nh 13/ 19

S.F. 2167 an existing certificate holder for a new or newly acquired 1 adult day services program, continuing or repeated failure of 2 the certificate holder to operate any previously certified 3 adult day services program or programs in compliance with the 4 provisions of this chapter, the rules adopted pursuant to this 5 chapter, or equivalent provisions that the adult day services 6 program is subject to in this state or any other state. 7 NEW PARAGRAPH . 00k. Preventing or interfering with or 8 attempting to prevent or interfere with the performance by any 9 duly authorized representative of the department of the lawful 10 enforcement of this chapter or of the rules adopted pursuant to 11 this chapter. As used in this paragraph, “lawful enforcement” 12 includes but is not limited to the following: 13 (1) Contacting or interviewing any participant of an adult 14 day services program in private at any reasonable hour and 15 without advance notice. 16 (2) Examining any relevant books or records of an adult day 17 services program unless otherwise protected from disclosure by 18 operation of law. 19 (3) Preserving evidence of any violation of this chapter or 20 of the rules adopted pursuant to this chapter. 21 Sec. 25. Section 231D.9A, Code 2014, is amended by striking 22 the section and inserting in lieu thereof the following: 23 231D.9A Exit interview —— issuance of findings. 24 1. The department shall provide an adult day services 25 program an exit interview at the conclusion of a monitoring 26 evaluation or a complaint investigation, and the department 27 shall inform the program’s representative of all issues and 28 areas of concern related to the insufficient practices. The 29 department may conduct the exit interview in person or by 30 telephone, and the department shall provide a second exit 31 interview if any additional issues or areas of concern are 32 identified. The program shall have two working days from the 33 date of the exit interview to submit additional or rebuttal 34 information to the department. 35 -14- LSB 5304SV (2) 85 ad/nh 14/ 19

S.F. 2167 2. The department shall issue the final findings of a 1 monitoring evaluation or complaint investigation within 2 ten working days after completion of the on-site monitoring 3 evaluation or complaint investigation. The final findings 4 shall be served upon the program personally, by electronic 5 mail, or by certified mail. 6 Sec. 26. Section 231D.10, Code 2014, is amended to read as 7 follows: 8 231D.10 Public disclosure of findings. 9 Upon completion of a monitoring evaluation or complaint 10 investigation of an adult day services program by the 11 department pursuant to this chapter , including the conclusion 12 of informal review, the department’s final findings with 13 respect to compliance by the adult day services program with 14 requirements for certification shall be made available to 15 the public in a readily available form and place. Other 16 information relating to an adult day services program that 17 is obtained by the department which does not constitute the 18 department’s final findings from a monitoring evaluation or 19 complaint investigation of the adult day services program shall 20 not be made available to the public except in proceedings 21 involving the denial, suspension, or revocation of a 22 certificate under this chapter . 23 Sec. 27. NEW SECTION . 231D.10A Informal conference —— 24 formal contest —— judicial review. 25 1. Within twenty business days after issuance of the final 26 findings, the adult day services program shall notify the 27 director if the program desires to contest the findings and 28 request an informal conference. 29 2. The department shall provide an independent reviewer 30 to hold an informal conference with an adult day services 31 program within ten working days after receiving a request from 32 the program pursuant to subsection 1. At the conclusion of 33 the informal conference, the independent reviewer may affirm, 34 modify, or dismiss a contested regulatory insufficiency. The 35 -15- LSB 5304SV (2) 85 ad/nh 15/ 19

S.F. 2167 independent reviewer shall state in writing the specific 1 reasons for the affirmation, modification, or dismissal and 2 immediately transmit copies of the statement to the department 3 and to the program. 4 3. An independent reviewer shall be licensed as an attorney 5 in the state of Iowa and shall not be employed or have been 6 employed by the department in the past eight years or have 7 appeared in front of the department on behalf of an adult day 8 services program in the past eight years. Preference shall be 9 given to an attorney with background knowledge, experience, 10 or training in long-term care. The department may issue a 11 request for proposals to enter into a contract for the purpose 12 of providing one or more independent reviewers for informal 13 conferences. 14 4. An adult day services program that desires to further 15 contest an affirmed or modified regulatory insufficiency may do 16 so in the manner provided by chapter 17A for contested cases. 17 The program shall give notice of intent to formally contest 18 a regulatory insufficiency, in writing, to the department 19 within five days after receipt of the written decision of the 20 independent reviewer. The formal hearing shall be conducted 21 in accordance with chapter 17A and rules adopted by the 22 department. 23 5. An adult day services program that has exhausted all 24 adequate administrative remedies and is aggrieved by the final 25 action of the department may petition for judicial review in 26 the manner provided by chapter 17A. 27 Sec. 28. APPLICABILITY. 28 1. The sections of this Act amending sections 231B.8 and 29 231B.9 and adding section 231B.9A apply to an elder group home 30 desiring to request an informal conference under chapter 231B 31 on or after January 1, 2015. 32 2. The sections of this Act amending sections 231D.9A and 33 231D.10 and adding section 231D.10A apply to an adult day 34 services program desiring to request an informal conference 35 -16- LSB 5304SV (2) 85 ad/nh 16/ 19

S.F. 2167 under chapter 231D on or after January 1, 2015. 1 EXPLANATION 2 The inclusion of this explanation does not constitute agreement with 3 the explanation’s substance by the members of the general assembly. 4 This bill makes changes to employment background checks, 5 disciplinary procedures, and procedures for contesting 6 regulatory insufficiencies for certain entities regulated by 7 the department of inspections and appeals (DIA). 8 The bill changes the crimes for which a hospital can 9 temporarily employ a person who committed the crime pending 10 completion of a department of human services evaluation 11 to determine whether the crime warrants prohibition of 12 employment at the hospital or health care facility. The bill 13 disallows such continued employment for simple misdemeanors 14 under the motor vehicles and law of the road chapter. The 15 bill eliminates duplicative language regarding crimes for 16 which a health care facility can temporarily employ a person 17 who committed a crime and crimes for which a student can 18 temporarily continue with a clinical education component. 19 The bill also provides that if a hospital or health care 20 facility subject to background checks for employees is informed 21 after the applicant or employee’s application date that the 22 applicant or employee is convicted of a crime or has a record 23 of founded child or dependent adult abuse entered in the abuse 24 registry, the hospital or health care facility shall act 25 within seven calendar days rather than 48 hours to verify that 26 information. The bill also amends the equivalent verification 27 time period for students in a certified nurse aide training 28 program from 48 hours to seven days. 29 The bill provides that the DIA has the authority to deny, 30 suspend, or revoke the license of a health care facility, elder 31 group home, assisted living program, or adult day services 32 program for the failure to comply with any provisions that the 33 entity is subject to that are equivalent to those provisions 34 in Code chapter 135C, 231B, 231C, or 231D, respectively, and 35 -17- LSB 5304SV (2) 85 ad/nh 17/ 19

S.F. 2167 for preventing or interfering with or attempting to prevent 1 or interfere with the performance by any duly authorized 2 representative of DIA or the lawful enforcement of the laws or 3 rules of the respective Code chapters. 4 The bill replaces references to a certified volunteer 5 long-term care ombudsman with a representative of the office 6 of long-term care ombudsman in certain circumstances including 7 inspecting a facility upon a complaint of alleged violations. 8 The bill also replaces certain references to inspectors and 9 investigators for inspections of health care facilities with 10 references to authorized representatives of DIA, the department 11 of human services, or the office of long-term care ombudsman, 12 as applicable. The bill also provides that the office of 13 long-term care ombudsman is required to assist DIA in carrying 14 out the provisions of the health care facilities Code chapter. 15 The bill replaces the informal review process for contesting 16 regulatory insufficiencies identified through monitoring 17 evaluations or complaint investigations of elder group homes 18 and adult day services programs with an exit interview, 19 informal conference, formal contest, and judicial review in a 20 process similar to that available for health care facilities 21 and assisted living programs. The informal conference is 22 conducted by an independent reviewer who may affirm, modify, 23 or dismiss the regulatory insufficiency. The reviewer must 24 provide specific written reasons for the decision and transmit 25 copies of that statement to DIA and the elder group home or 26 adult day services program. An elder group home or adult day 27 services program that wants to further contest the independent 28 reviewer’s affirmed or modified regulatory insufficiency may do 29 so pursuant to the provisions in Code chapter 17A for contested 30 cases. After exhausting the administrative remedies, an elder 31 group home or adult day services program may petition for 32 judicial review pursuant to Code chapter 17A. The changes to 33 the informal review process apply to elder group homes and 34 adult day services programs wishing to request an informal 35 -18- LSB 5304SV (2) 85 ad/nh 18/ 19