Senate File 2278 - Introduced SENATE FILE 2278 BY J. SMITH , R. TAYLOR , RAGAN , JOCHUM , BOULTON , CELSI , WAHLS , KINNEY , DOTZLER , T. TAYLOR , LYKAM , HOGG , GIDDENS , BOLKCOM , PETERSEN , MATHIS , QUIRMBACH , and BISIGNANO A BILL FOR An Act relating to the office of the state long-term care 1 ombudsman, and making an appropriation. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 6050XS (5) 88 pf/rh
S.F. 2278 Section 1. Section 231.42, Code 2020, is amended by adding 1 the following new subsections: 2 NEW SUBSECTION . 14. Protocol for operation. The provision 3 of high-quality advocacy for and responsive assistance to 4 residents and tenants of long-term care facilities, assisted 5 living programs, and elder group homes in the state is a 6 fundamental and critical role of state government. To ensure 7 that responsive and high-quality services are being provided, 8 the office of long-term care ombudsman shall do all of the 9 following: 10 a. On at least a quarterly basis, hold either in-person or 11 in-person-via-video meetings with all staff including local 12 long-term care ombudsmen to discuss workloads, policies and 13 procedures, accomplishments, and concerns; obtain suggestions; 14 generate ideas to improve service; foster communication; and 15 encourage teamwork. 16 b. Assign cases to local long-term care ombudsmen based on a 17 geographic territory to enable more effective and efficient use 18 of resources including making unscheduled noncomplaint-related 19 visits, responding to resident and tenant inquiries and 20 complaints, and developing a familiarity with long-term care 21 facilities, assisted living programs, elder group homes, 22 administrators, staff, residents, tenants, and certified 23 volunteers in the assigned geographic territory. 24 c. Establish a policy and process to ensure that each local 25 long-term care ombudsman makes unscheduled noncomplaint-related 26 visits to a minimum of twenty percent of the long-term care 27 facilities, assisted living programs, and elder group homes in 28 the assigned geographic territory, annually. 29 d. Implement a policy that ensures that the response to 30 resident and tenant inquiries is in the manner preferred by 31 the resident or tenant and that all visits are completed 32 in a timely manner. The policy shall provide that if a 33 resident or tenant prefers inquiries via phone or the use of 34 technology, a local long-term care ombudsman shall ensure that 35 -1- LSB 6050XS (5) 88 pf/rh 1/ 4
S.F. 2278 assistance is provided in a manner that is comfortable to and 1 convenient for the resident or tenant while assuring privacy 2 and confidentiality. 3 e. Ensure the existence and maintenance of a vibrant 4 certified volunteer long-term care ombudsman program by 5 increasing the numbers of, support to, and communications with 6 Iowans wishing to perform this vital service. The program 7 shall ensure that certified volunteers work closely with local 8 long-term care ombudsmen within the same geographic territory 9 to share information and insights, coordinate efforts, and 10 enhance services to residents and tenants. 11 f. Provide necessary vehicles and coverage of related 12 expenses to local long-term care ombudsmen to properly fulfill 13 their duties. 14 NEW SUBSECTION . 15. Organizational structure. The office 15 of long-term care ombudsman shall not pursue or issue a 16 request for proposals or utilize any other process to modify 17 the organizational structure of the office or to outsource 18 duties or staffing of the office without prior visible and 19 effective notice to and input from the public, and without 20 prior conversation and consultation with staff members, 21 certified volunteers, advocates for older Iowans and Iowans 22 with disabilities and the paid and informal caregivers who 23 support them, organizations representing long-term care 24 facilities, assisted living programs, and elder group homes, 25 unions representing staff of the office, the commission, and 26 the members of the general assembly’s joint appropriations 27 subcommittee on health and human services. 28 Sec. 2. OFFICE OF LONG-TERM CARE OMBUDSMAN —— 29 APPROPRIATION. 30 1. There is appropriated from the general fund of the 31 state to the office of long-term care ombudsman for the fiscal 32 year beginning July 1, 2020, and ending June 30, 2021, in 33 addition to any other funds appropriated from the general 34 fund of the state to, and in addition to any other full-time 35 -2- LSB 6050XS (5) 88 pf/rh 2/ 4
S.F. 2278 equivalent positions authorized for, the office of long-term 1 care ombudsman for the same purpose, the following amount, or 2 so much thereof as is necessary, to be used for the purpose 3 designated: 4 To increase the number of local long-term care ombudsmen 5 including for salaries, support, administration, maintenance, 6 and miscellaneous purposes, and for not more than the following 7 full-time equivalent positions: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 173,486 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 2.00 10 2. The funding appropriated and the full-time equivalent 11 positions authorized under this section are in addition to any 12 other funds appropriated from the general fund of the state 13 and any other full-time equivalent positions authorized for 14 local long-term care ombudsmen during the same fiscal year. 15 A sufficient portion of the funding appropriated under this 16 section shall be used to provide a vehicle and other support 17 for each of the additional local long-term care ombudsmen to 18 assist in fulfilling their duties pursuant to chapter 231. 19 EXPLANATION 20 The inclusion of this explanation does not constitute agreement with 21 the explanation’s substance by the members of the general assembly. 22 This bill relates to the office of state long-term care 23 ombudsman. 24 The bill establishes protocol for operation of the office 25 of long-term care ombudsman (OLTCO). The OLTCO consists 26 of the state long-term care ombudsman, any local long-term 27 care ombudsmen, and any certified volunteer long-term care 28 ombudsmen. The bill requires the office to, on at least a 29 quarterly basis, hold either in-person or in-person-via-video 30 meetings with all staff; assign cases to local long-term 31 care ombudsmen based on a geographic territory to enable 32 more effective and efficient use of resources; establish a 33 policy and process to ensure that each local long-term care 34 ombudsman makes unscheduled noncomplaint-related visits to 35 -3- LSB 6050XS (5) 88 pf/rh 3/ 4
S.F. 2278 a minimum of 20 percent of the long-term care facilities, 1 assisted living programs, and elder group homes in the assigned 2 geographic territory, annually; implement a policy that ensures 3 that the response to resident and tenant inquiries is in 4 the manner preferred by the resident or tenant and that all 5 visits are completed in a timely manner; ensure the existence 6 and maintenance of a vibrant certified volunteer long-term 7 care ombudsman program; and provide necessary vehicles and 8 coverage of related expenses to local long-term care ombudsmen 9 to fulfill their duties. The bill also prohibits the OLTCO 10 from pursuing or issuing a request for proposals or other 11 process to modify the organizational structure of the office 12 or to outsource duties or staffing of the office without prior 13 visible and effective notice to and input from the public, and 14 without prior conversation and consultation with specified 15 persons. The bill makes an appropriation from the general fund 16 of the state to the OLTCO for FY 2020-2021, in addition to any 17 other funds appropriated from the general fund of the state to, 18 and in addition to any other full-time equivalent positions 19 authorized for, the OLTCO for the same purpose, for the purpose 20 of increasing the number of local long-term care ombudsmen. 21 The funding appropriated and the full-time equivalent positions 22 authorized are in addition to any other funds appropriated 23 from the general fund of the state and any other full-time 24 equivalent positions authorized for local long-term care 25 ombudsmen during the same fiscal year. A sufficient portion 26 of the funding appropriated shall be used to provide a vehicle 27 and other support for each of the additional local long-term 28 care ombudsmen to assist in fulfilling their duties pursuant to 29 Code chapter 231. 30 -4- LSB 6050XS (5) 88 pf/rh 4/ 4