H.F. 191 Section 1. Section 135C.1, Code 2021, is amended by adding 1 the following new subsections: 2 NEW SUBSECTION . 13A. “National public health emergency” 3 means a public health emergency declared by the secretary of 4 the United States department of health and human services 5 pursuant to section 319 of the federal Public Health Services 6 Act, Pub. L. No. 104-321, 42 U.S.C. §247d. 7 NEW SUBSECTION . 18A. “Public health disaster” means the 8 same as defined in section 135.140. 9 NEW SUBSECTION . 23A. “State agency” means any executive, 10 judicial, or legislative department, commission, board, 11 institution, division, bureau, office, agency, or other entity 12 of state government. 13 Sec. 2. NEW SECTION . 135C.24A National public health 14 emergency —— public health disaster —— visitation restrictions —— 15 residents of nursing facilities. 16 1. Subject to all applicable laws and regulations, 17 including regulations of the centers for Medicare and Medicaid 18 services of the United States department of health and 19 human services, if a national public health emergency or a 20 public health disaster is declared resulting in restrictions 21 on in-person, indoor visitation with residents of nursing 22 facilities, the department shall take under advisement the 23 opinion and insight of the state long-term care ombudsman 24 or the state long-term care ombudsman’s designee, prior to 25 issuing any guidance restricting visitation relating to the 26 national public health emergency or public health disaster. 27 The state long-term care ombudsman or the state long-term 28 care ombudsman’s designee shall advocate on behalf of nursing 29 facility residents to continue in-person, indoor visitation 30 during the national public health emergency or public health 31 disaster, subject to the health and safety considerations of 32 all residents of the nursing facility. 33 2. Pursuant to section 231.42, the office of long-term 34 care ombudsman shall accept, investigate, verify, and work 35 -1- LSB 2165YH (3) 89 pf/rh 1/ 3

H.F. 191 to resolve complaints relating to any action or inaction by 1 a nursing facility relating to nursing facility resident 2 visitation restrictions during a national public health 3 emergency or public health disaster. 4 3. If, during a national public health emergency or public 5 health disaster, the department responds to a complaint against 6 a nursing facility or an employee of a nursing facility which 7 relates to nursing facility resident visitation restrictions, 8 and the complaint was referred to the department by the office 9 of long-term care ombudsman, the department shall forward to 10 the office of long-term care ombudsman copies of all related 11 inspection reports, plans of correction, and notices of any 12 citations or sanctions levied against the nursing facility. 13 4. This section shall not be construed to instruct or 14 require the department or any other state agency to violate 15 state or federal law or any rules or regulations adopted or 16 promulgated under such law. 17 EXPLANATION 18 The inclusion of this explanation does not constitute agreement with 19 the explanation’s substance by the members of the general assembly. 20 This bill relates to visitation restrictions applicable to 21 nursing facilities during a national public health emergency or 22 public health disaster. 23 The bill provides definitions for “national public health 24 emergency”, “public health disaster”, and “state agency” for 25 purposes of the bill. 26 The bill requires, subject to all applicable laws and 27 regulations, that if a national public health emergency or a 28 public health disaster is declared resulting in restrictions 29 on the in-person, indoor visitation with residents of nursing 30 facilities, the department of inspections and appeals (DIA) 31 shall take under advisement the opinion and insight of the 32 state long-term care ombudsman (SLTCO) or the STLCO’s designee, 33 prior to issuing any guidance restricting visitation relating 34 to the national public health emergency or public health 35 -2- LSB 2165YH (3) 89 pf/rh 2/ 3

H.F. 191 disaster. The SLTCO or SLTCO’s designee shall advocate on 1 behalf of nursing facility residents to continue in-person, 2 indoor visitation during the national public health emergency 3 or public health disaster, subject to the health and safety 4 considerations of all residents of the nursing facility. 5 The bill requires the office of long-term care ombudsman 6 (OLTCO) to accept, investigate, verify, and work to resolve 7 complaints relating to any action or inaction by a nursing 8 facility relating to nursing facility resident visitation 9 restrictions during a national public health emergency or 10 public health disaster; and DIA shall share with the OLTCO 11 copies of all related inspection reports, plans of correction, 12 and notices of any citations or sanctions levied against a 13 nursing facility if DIA responds to a complaint against a 14 nursing facility or an employee of a nursing facility which 15 relates to nursing facility resident visitation restrictions 16 during a national public health emergency or public health 17 disaster, and the complaint was referred to the department by 18 the OLTCO. 19 The bill is not to be construed to instruct or require DIA or 20 any other state agency to violate state or federal law or any 21 rules or regulations adopted or promulgated under such law. 22 -3- LSB 2165YH (3) 89 pf/rh 3/ 3