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House File 191 - IntroducedA Bill ForAn Act 1relating to visitation restrictions applicable to
2nursing facilities during a national public health emergency
3or public health disaster.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 135C.1, Code 2021, is amended by adding
2the following new subsections:
3 NEW SUBSECTION. 13A. “National public health emergency”
4means a public health emergency declared by the secretary of
5the United States department of health and human services
6pursuant to section 319 of the federal Public Health Services
7Act, Pub.L. No.104-321, 42 U.S.C. §247d.
8 NEW SUBSECTION. 18A. “Public health disaster” means the
9same as defined in section 135.140.
10 NEW SUBSECTION. 23A. “State agency” means any executive,
11judicial, or legislative department, commission, board,
12institution, division, bureau, office, agency, or other entity
13of state government.
14 Sec. 2. NEW SECTION. 135C.24A National public health
15emergency — public health disaster — visitation restrictions —
16residents of nursing facilities.
171. Subject to all applicable laws and regulations,
18including regulations of the centers for Medicare and Medicaid
19services of the United States department of health and
20human services, if a national public health emergency or a
21public health disaster is declared resulting in restrictions
22on in-person, indoor visitation with residents of nursing
23facilities, the department shall take under advisement the
24opinion and insight of the state long-term care ombudsman
25or the state long-term care ombudsman’s designee, prior to
26issuing any guidance restricting visitation relating to the
27national public health emergency or public health disaster.
28The state long-term care ombudsman or the state long-term
29care ombudsman’s designee shall advocate on behalf of nursing
30facility residents to continue in-person, indoor visitation
31during the national public health emergency or public health
32disaster, subject to the health and safety considerations of
33all residents of the nursing facility.
342. Pursuant to section 231.42, the office of long-term
35care ombudsman shall accept, investigate, verify, and work
-1-1to resolve complaints relating to any action or inaction by
2a nursing facility relating to nursing facility resident
3visitation restrictions during a national public health
4emergency or public health disaster.
53. If, during a national public health emergency or public
6health disaster, the department responds to a complaint against
7a nursing facility or an employee of a nursing facility which
8relates to nursing facility resident visitation restrictions,
9and the complaint was referred to the department by the office
10of long-term care ombudsman, the department shall forward to
11the office of long-term care ombudsman copies of all related
12inspection reports, plans of correction, and notices of any
13citations or sanctions levied against the nursing facility.
144. This section shall not be construed to instruct or
15require the department or any other state agency to violate
16state or federal law or any rules or regulations adopted or
17promulgated under such law.
18EXPLANATION
19The inclusion of this explanation does not constitute agreement with
20the explanation’s substance by the members of the general assembly.
21This bill relates to visitation restrictions applicable to
22nursing facilities during a national public health emergency or
23public health disaster.
24The bill provides definitions for “national public health
25emergency”, “public health disaster”, and “state agency” for
26purposes of the bill.
27The bill requires, subject to all applicable laws and
28regulations, that if a national public health emergency or a
29public health disaster is declared resulting in restrictions
30on the in-person, indoor visitation with residents of nursing
31facilities, the department of inspections and appeals (DIA)
32shall take under advisement the opinion and insight of the
33state long-term care ombudsman (SLTCO) or the STLCO’s designee,
34prior to issuing any guidance restricting visitation relating
35to the national public health emergency or public health
-2-1disaster. The SLTCO or SLTCO’s designee shall advocate on
2behalf of nursing facility residents to continue in-person,
3indoor visitation during the national public health emergency
4or public health disaster, subject to the health and safety
5considerations of all residents of the nursing facility.
6The bill requires the office of long-term care ombudsman
7(OLTCO) to accept, investigate, verify, and work to resolve
8complaints relating to any action or inaction by a nursing
9facility relating to nursing facility resident visitation
10restrictions during a national public health emergency or
11public health disaster; and DIA shall share with the OLTCO
12copies of all related inspection reports, plans of correction,
13and notices of any citations or sanctions levied against a
14nursing facility if DIA responds to a complaint against a
15nursing facility or an employee of a nursing facility which
16relates to nursing facility resident visitation restrictions
17during a national public health emergency or public health
18disaster, and the complaint was referred to the department by
19the OLTCO.
20The bill is not to be construed to instruct or require DIA or
21any other state agency to violate state or federal law or any
22rules or regulations adopted or promulgated under such law.
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2nursing facilities during a national public health emergency
3or public health disaster.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 135C.1, Code 2021, is amended by adding
2the following new subsections:
3 NEW SUBSECTION. 13A. “National public health emergency”
4means a public health emergency declared by the secretary of
5the United States department of health and human services
6pursuant to section 319 of the federal Public Health Services
7Act, Pub.L. No.104-321, 42 U.S.C. §247d.
8 NEW SUBSECTION. 18A. “Public health disaster” means the
9same as defined in section 135.140.
10 NEW SUBSECTION. 23A. “State agency” means any executive,
11judicial, or legislative department, commission, board,
12institution, division, bureau, office, agency, or other entity
13of state government.
14 Sec. 2. NEW SECTION. 135C.24A National public health
15emergency — public health disaster — visitation restrictions —
16residents of nursing facilities.
171. Subject to all applicable laws and regulations,
18including regulations of the centers for Medicare and Medicaid
19services of the United States department of health and
20human services, if a national public health emergency or a
21public health disaster is declared resulting in restrictions
22on in-person, indoor visitation with residents of nursing
23facilities, the department shall take under advisement the
24opinion and insight of the state long-term care ombudsman
25or the state long-term care ombudsman’s designee, prior to
26issuing any guidance restricting visitation relating to the
27national public health emergency or public health disaster.
28The state long-term care ombudsman or the state long-term
29care ombudsman’s designee shall advocate on behalf of nursing
30facility residents to continue in-person, indoor visitation
31during the national public health emergency or public health
32disaster, subject to the health and safety considerations of
33all residents of the nursing facility.
342. Pursuant to section 231.42, the office of long-term
35care ombudsman shall accept, investigate, verify, and work
-1-1to resolve complaints relating to any action or inaction by
2a nursing facility relating to nursing facility resident
3visitation restrictions during a national public health
4emergency or public health disaster.
53. If, during a national public health emergency or public
6health disaster, the department responds to a complaint against
7a nursing facility or an employee of a nursing facility which
8relates to nursing facility resident visitation restrictions,
9and the complaint was referred to the department by the office
10of long-term care ombudsman, the department shall forward to
11the office of long-term care ombudsman copies of all related
12inspection reports, plans of correction, and notices of any
13citations or sanctions levied against the nursing facility.
144. This section shall not be construed to instruct or
15require the department or any other state agency to violate
16state or federal law or any rules or regulations adopted or
17promulgated under such law.
18EXPLANATION
19The inclusion of this explanation does not constitute agreement with
20the explanation’s substance by the members of the general assembly.
21This bill relates to visitation restrictions applicable to
22nursing facilities during a national public health emergency or
23public health disaster.
24The bill provides definitions for “national public health
25emergency”, “public health disaster”, and “state agency” for
26purposes of the bill.
27The bill requires, subject to all applicable laws and
28regulations, that if a national public health emergency or a
29public health disaster is declared resulting in restrictions
30on the in-person, indoor visitation with residents of nursing
31facilities, the department of inspections and appeals (DIA)
32shall take under advisement the opinion and insight of the
33state long-term care ombudsman (SLTCO) or the STLCO’s designee,
34prior to issuing any guidance restricting visitation relating
35to the national public health emergency or public health
-2-1disaster. The SLTCO or SLTCO’s designee shall advocate on
2behalf of nursing facility residents to continue in-person,
3indoor visitation during the national public health emergency
4or public health disaster, subject to the health and safety
5considerations of all residents of the nursing facility.
6The bill requires the office of long-term care ombudsman
7(OLTCO) to accept, investigate, verify, and work to resolve
8complaints relating to any action or inaction by a nursing
9facility relating to nursing facility resident visitation
10restrictions during a national public health emergency or
11public health disaster; and DIA shall share with the OLTCO
12copies of all related inspection reports, plans of correction,
13and notices of any citations or sanctions levied against a
14nursing facility if DIA responds to a complaint against a
15nursing facility or an employee of a nursing facility which
16relates to nursing facility resident visitation restrictions
17during a national public health emergency or public health
18disaster, and the complaint was referred to the department by
19the OLTCO.
20The bill is not to be construed to instruct or require DIA or
21any other state agency to violate state or federal law or any
22rules or regulations adopted or promulgated under such law.
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