HF 190 (LSB 2159YH (3) 89)

HOUSE FILE 190

BY  FRY

A BILL FOR

An Act relating to cross-over visitation between residents or tenants in a shared campus long-term care facility during a national public health emergency or public health disaster.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  CROSS-OVER VISITATION —— RESIDENTS AND TENANTS RESIDING IN SHARED CAMPUS FACILITY —— EMERGENCY OR DISASTER.
   1.  The department of inspections and appeals shall require a long-term care facility that provides various levels of residential care in a shared campus setting to provide for cross-over visitation between residents or tenants who are related by consanguinity or affinity to maintain or improve the resident’s or tenant’s health and well-being during a national public health emergency or public health disaster. The long-term care facility may require compliance with public health precautions, limit the site of the cross-over visitation to primarily a resident’s or tenant’s room, or prescribe other measures relative to such visitation to ensure the safety of all residents, tenants, and staff. The department shall adopt rules pursuant to chapter 17A to administer this section.
   2.  For the purposes of this section:
   a.  “Assisted living program” means the same as defined in section 231C.2.
   b.  “Continuing care retirement community” means the same as defined in section 523D.1.
   c.  “Cross-over visitation” means visitation between an individual residing in a portion of a long-term care facility providing a specified level of care and an individual residing in another portion of a long-term care facility providing a different level of care.
   d.  “Long-term care facility” means a nursing facility, an assisted living program, a continuing care retirement community, or a senior adult congregate living facility, or any combination of such facilities, programs, or communities.
   e.  “National public health emergency” means a public health emergency declared by the secretary of the United States department of health and human services pursuant to section 319 of the federal Public Health Services Act, Pub. L. No. 104-321, 42 U.S.C. §247d.
   f.  “Nursing facility” means the same as defined in section 135C.1.
   g.  “Public health disaster” means the same as defined in section 135.140.
   h.  “Resident” means a person residing in a nursing facility, a continuing care retirement community, or a senior adult congregate living facility.
   i.  “Senior adult congregate living facility” means the same as defined in section 523D.1.
   j.  “Tenant” includes a tenant of an assisted living program or an independent living tenant of a continuing care retirement community.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill provides for visitation between residents and tenants of long-term care facilities during a national public health emergency or public health disaster.
   Under the bill, the department of inspections and appeals (DIA) shall require a long-term care facility that provides various levels of residential care in a shared campus setting to provide for cross-over visitation between residents or tenants who are related by consanguinity or affinity to maintain or improve the resident’s or tenant’s health and well-being during a national public health emergency or public health disaster. The long-term care facility may require compliance with certain precautionary measures relative to the visit to ensure the safety of all residents, tenants, and staff. DIA shall adopt administrative rules to administer the bill. The bill provides definitions for terms used in the bill including “cross-over visitation” which means visitation between an individual residing in a portion of a long-term care facility providing a specified level of care and an individual residing in another portion of a long-term care facility providing a different level of care; “long-term care facility”; “public health disaster”; “resident”; and “tenant”.