Bill Text: IA SF184 | 2013-2014 | 85th General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: A bill for an act relating to programs and services under the purview of the department on aging. (Formerly SSB 1056.) Effective 7-1-13.
Spectrum: Committee Bill
Status: (Passed) 2013-12-31 - END OF 2013 ACTIONS [SF184 Detail]
Download: Iowa-2013-SF184-Enrolled.html
Bill Title: A bill for an act relating to programs and services under the purview of the department on aging. (Formerly SSB 1056.) Effective 7-1-13.
Spectrum: Committee Bill
Status: (Passed) 2013-12-31 - END OF 2013 ACTIONS [SF184 Detail]
Download: Iowa-2013-SF184-Enrolled.html
Senate
File
184
AN
ACT
RELATING
TO
PROGRAMS
AND
SERVICES
UNDER
THE
PURVIEW
OF
THE
DEPARTMENT
ON
AGING.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
10A.402,
subsection
5,
Code
2013,
is
amended
by
striking
the
subsection.
Sec.
2.
Section
16.182,
subsections
1
and
2,
Code
2013,
are
amended
to
read
as
follows:
1.
A
senior
living
revolving
loan
program
fund
is
created
within
the
authority
to
further
the
goal
of
the
senior
living
program
as
specified
in
section
249H.2
.
The
moneys
in
the
senior
living
revolving
loan
program
fund
shall
be
used
by
the
authority
for
the
development
and
operation
of
a
revolving
loan
program
to
provide
financing
to
construct
affordable
assisted
living
and
service-enriched
affordable
housing
for
seniors
and
persons
with
disabilities,
including
through
new
construction
or
acquisition
and
rehabilitation.
2.
Moneys
received
by
the
authority
from
the
senior
living
trust
fund,
transferred
by
the
authority
for
deposit
in
the
senior
living
revolving
loan
program
fund,
moneys
appropriated
to
the
senior
living
revolving
loan
program,
and
any
other
moneys
available
to
and
obtained
or
accepted
by
the
authority
for
placement
in
the
senior
living
revolving
loan
program
fund
shall
be
deposited
in
the
fund.
Additionally,
payment
of
interest,
recaptures
of
awards,
and
other
repayments
to
the
senior
living
revolving
loan
program
fund
shall
be
deposited
in
the
fund.
Notwithstanding
section
12C.7,
subsection
2
,
interest
or
earnings
on
moneys
in
the
senior
living
revolving
loan
program
fund
shall
be
credited
to
the
fund.
Notwithstanding
section
8.33
,
moneys
that
remain
unencumbered
Senate
File
184,
p.
2
or
unobligated
at
the
end
of
the
fiscal
year
shall
not
revert
but
shall
remain
available
for
the
same
purpose
in
the
succeeding
fiscal
year.
Sec.
3.
Section
16.183,
subsection
2,
Code
2013,
is
amended
to
read
as
follows:
2.
Moneys
received
by
the
authority
from
the
senior
living
trust
fund,
transferred
by
the
authority
for
deposit
in
the
home
and
community-based
services
revolving
loan
program
fund,
moneys
appropriated
to
the
home
and
community-based
services
revolving
loan
program,
and
any
other
moneys
available
to
and
obtained
or
accepted
by
the
authority
for
placement
in
the
home
and
community-based
services
revolving
loan
program
fund
shall
be
deposited
in
the
fund.
Additionally,
payment
of
interest,
recaptures
of
awards,
and
other
repayments
to
the
senior
living
home
and
community-based
services
revolving
loan
program
fund
shall
be
deposited
in
the
fund.
Notwithstanding
section
12C.7,
subsection
2
,
interest
or
earnings
on
moneys
in
the
home
and
community-based
services
revolving
loan
program
fund
shall
be
credited
to
the
fund.
Notwithstanding
section
8.33
,
moneys
that
remain
unencumbered
or
unobligated
at
the
end
of
the
fiscal
year
shall
not
revert
but
shall
remain
available
for
the
same
purpose
in
the
succeeding
fiscal
year.
Sec.
4.
Section
22.7,
subsection
62,
Code
2013,
is
amended
to
read
as
follows:
62.
Records
of
maintained
by
the
department
on
aging
pertaining
to
clients
served
by
the
prevention
of
elder
abuse,
neglect,
and
exploitation
program
or
office
of
long-term
care
ombudsman
that
disclose
the
identity
of
a
complainant,
resident,
tenant,
or
individual
receiving
services
provided
by
the
department
on
aging,
an
area
agency
on
aging,
or
the
office
of
long-term
care
ombudsman,
unless
disclosure
is
otherwise
allowed
under
section
231.42,
subsection
12,
paragraph
“a”
.
Sec.
5.
Section
135C.1,
Code
2013,
is
amended
by
adding
the
following
new
subsections:
NEW
SUBSECTION
.
1A.
“Certified
volunteer
long-term
care
ombudsman”
means
a
volunteer
long-term
care
ombudsman
certified
pursuant
to
section
231.45.
NEW
SUBSECTION
.
13A.
“Office
of
long-term
care
ombudsman”
means
the
office
of
long-term
care
ombudsman
established
pursuant
to
section
231.42.
NEW
SUBSECTION
.
20A.
“State
long-term
care
ombudsman”
means
the
state
long-term
care
ombudsman
appointed
pursuant
to
section
231.42.
Senate
File
184,
p.
3
Sec.
6.
Section
135C.11,
subsection
2,
Code
2013,
is
amended
to
read
as
follows:
2.
The
procedure
governing
hearings
authorized
by
this
section
shall
be
in
accordance
with
the
rules
promulgated
by
the
department.
A
full
and
complete
record
shall
be
kept
of
all
proceedings,
and
all
testimony
shall
be
reported
but
need
not
be
transcribed
unless
judicial
review
is
sought
pursuant
to
section
135C.13
.
Copies
of
the
transcript
may
be
obtained
by
an
interested
party
upon
payment
of
the
cost
of
preparing
the
copies.
Witnesses
may
be
subpoenaed
by
either
party
and
shall
be
allowed
fees
at
a
rate
prescribed
by
the
department’s
rules.
The
director
may,
after
advising
the
resident
advocate
committee
established
pursuant
to
section
135C.25
certified
volunteer
long-term
care
ombudsman
,
either
proceed
in
accordance
with
section
135C.30
,
or
remove
all
residents
and
suspend
the
license
or
licenses
of
any
health
care
facility,
prior
to
a
hearing,
when
the
director
finds
that
the
health
or
safety
of
residents
of
the
health
care
facility
requires
such
action
on
an
emergency
basis.
The
fact
that
no
resident
advocate
committee
a
certified
volunteer
long-term
care
ombudsman
has
not
been
appointed
for
a
particular
facility
shall
not
bar
the
director
from
exercising
the
emergency
powers
granted
by
this
subsection
with
respect
to
that
facility.
Sec.
7.
Section
135C.13,
Code
2013,
is
amended
to
read
as
follows:
135C.13
Judicial
review.
Judicial
review
of
any
action
of
the
director
may
be
sought
in
accordance
with
the
terms
of
the
Iowa
administrative
procedure
Act,
chapter
17A
.
Notwithstanding
the
terms
of
said
Act
chapter
17A
,
petitions
for
judicial
review
may
be
filed
in
the
district
court
of
the
county
where
the
facility
or
proposed
facility
is
located,
and
pending
final
disposition
of
the
matter
the
status
quo
of
the
applicant
or
licensee
shall
be
preserved
except
when
the
director,
with
the
advice
and
consent
of
the
resident
advocate
committee
established
pursuant
to
section
135C.25
certified
volunteer
long-term
care
ombudsman
,
determines
that
the
health,
safety
or
welfare
of
the
residents
of
the
facility
is
in
immediate
danger,
in
which
case
the
director
may
order
the
immediate
removal
of
such
residents.
The
fact
that
no
resident
advocate
committee
a
certified
volunteer
long-term
care
ombudsman
has
not
been
appointed
for
a
particular
facility
shall
not
bar
the
director
from
exercising
the
emergency
powers
granted
by
this
subsection
section
with
Senate
File
184,
p.
4
respect
to
that
facility.
Sec.
8.
Section
135C.14,
subsection
8,
paragraph
d,
Code
2013,
is
amended
to
read
as
follows:
d.
The
notification
of
resident
advocate
committees
certified
volunteer
long-term
care
ombudsmen
by
the
department
of
all
complaints
relating
to
health
care
facilities
and
the
involvement
of
the
resident
advocate
committees
certified
volunteer
long-term
care
ombudsmen
in
resolution
of
the
complaints.
Sec.
9.
Section
135C.20A,
subsection
2,
Code
2013,
is
amended
to
read
as
follows:
2.
The
report
card
form
shall
be
developed
by
the
department
in
cooperation
with
representatives
of
the
department
on
aging,
the
state
long-term
care
resident’s
advocate
ombudsman
,
representatives
of
resident
advocate
committees
certified
volunteer
long-term
care
ombudsmen
,
representatives
of
protection
and
advocacy
entities,
consumers,
and
other
interested
persons.
Sec.
10.
Section
135C.20B,
subsection
2,
paragraph
c,
Code
2013,
is
amended
to
read
as
follows:
c.
Any
information
submitted
by
care
review
committee
members
or
residents
with
regard
to
the
quality
of
care
of
the
facility.
Sec.
11.
Section
135C.37,
Code
2013,
is
amended
to
read
as
follows:
135C.37
Complaints
alleging
violations
——
confidentiality.
A
person
may
request
an
inspection
of
a
health
care
facility
by
filing
with
the
department,
resident
advocate
committee
of
the
facility
certified
volunteer
long-term
care
ombudsman
,
or
the
office
of
long-term
care
resident’s
advocate
as
established
pursuant
to
section
231.42
ombudsman
,
a
complaint
of
an
alleged
violation
of
applicable
requirements
of
this
chapter
or
the
rules
adopted
pursuant
to
this
chapter
.
A
person
alleging
abuse
or
neglect
of
a
resident
with
a
developmental
disability
or
with
mental
illness
may
also
file
a
complaint
with
the
protection
and
advocacy
agency
designated
pursuant
to
section
135B.9
or
section
135C.2
.
A
copy
of
a
complaint
filed
with
the
resident
advocate
committee
a
certified
volunteer
long-term
care
ombudsman
or
the
office
of
long-term
care
resident’s
advocate
ombudsman
shall
be
forwarded
to
the
department.
The
complaint
shall
state
in
a
reasonably
specific
manner
the
basis
of
the
complaint,
and
a
statement
of
the
nature
of
the
complaint
shall
be
delivered
to
the
facility
involved
at
the
Senate
File
184,
p.
5
time
of
the
inspection.
The
name
of
the
person
who
files
a
complaint
with
the
department,
resident
advocate
committee
certified
volunteer
long-term
care
ombudsman
,
or
the
office
of
long-term
care
resident’s
advocate
ombudsman
shall
be
kept
confidential
and
shall
not
be
subject
to
discovery,
subpoena,
or
other
means
of
legal
compulsion
for
its
release
to
a
person
other
than
department
employees
involved
in
the
investigation
of
the
complaint.
Sec.
12.
Section
135C.38,
subsection
1,
paragraphs
a
and
c,
Code
2013,
are
amended
to
read
as
follows:
a.
Upon
receipt
of
a
complaint
made
in
accordance
with
section
135C.37
,
the
department
or
resident
advocate
committee
certified
volunteer
long-term
care
ombudsman
shall
make
a
preliminary
review
of
the
complaint.
Unless
the
department
or
committee
certified
volunteer
long-term
care
ombudsman
concludes
that
the
complaint
is
intended
to
harass
a
facility
or
a
licensee
or
is
without
reasonable
basis,
the
department
or
committee
certified
volunteer
long-term
care
ombudsman
shall
make
or
cause
to
be
made
an
on-site
inspection
of
the
health
care
facility
which
is
the
subject
of
the
complaint
within
the
time
period
determined
pursuant
to
the
following
guidelines,
which
period
shall
commence
on
the
date
of
receipt
of
the
complaint:
(1)
For
nursing
facilities,
an
on-site
inspection
shall
be
initiated
as
follows:
(a)
Within
two
working
days
for
a
complaint
determined
by
the
department
or
committee
certified
volunteer
long-term
care
ombudsman
to
be
an
alleged
immediate
jeopardy
situation.
(b)
Within
ten
working
days
for
a
complaint
determined
by
the
department
or
committee
certified
volunteer
long-term
care
ombudsman
to
be
an
alleged
high-level,
nonimmediate
jeopardy
situation.
(c)
Within
forty-five
calendar
days
for
a
complaint
determined
by
the
department
or
committee
certified
volunteer
long-term
care
ombudsman
to
be
an
alleged
nonimmediate
jeopardy
situation,
other
than
a
high-level
situation.
(2)
For
all
other
types
of
health
care
facilities,
an
on-site
inspection
shall
be
initiated
as
follows:
(a)
Within
two
working
days
for
a
complaint
determined
by
the
department
or
committee
certified
volunteer
long-term
care
ombudsman
to
be
an
alleged
immediate
jeopardy
situation.
(b)
Within
twenty
working
days
for
a
complaint
determined
by
the
department
or
committee
certified
volunteer
long-term
care
Senate
File
184,
p.
6
ombudsman
to
be
an
alleged
high-level,
nonimmediate
jeopardy
situation.
(c)
Within
forty-five
calendar
days
for
a
complaint
determined
by
the
department
or
committee
certified
volunteer
long-term
care
ombudsman
to
be
an
alleged
nonimmediate
jeopardy
situation,
other
than
a
high-level
situation.
c.
The
department
may
refer
to
the
resident
advocate
committee
certified
volunteer
long-term
care
ombudsman
of
a
facility
any
complaint
received
by
the
department
regarding
that
facility,
for
initial
evaluation
and
appropriate
action
by
the
committee
certified
volunteer
long-term
care
ombudsman
.
Sec.
13.
Section
135C.38,
subsection
2,
paragraphs
a
and
d,
Code
2013,
are
amended
to
read
as
follows:
a.
The
complainant
shall
be
promptly
informed
of
the
result
of
any
action
taken
by
the
department
or
committee
certified
volunteer
long-term
care
ombudsman
in
the
matter.
The
complainant
shall
also
be
notified
of
the
name,
address,
and
telephone
number
of
the
designated
protection
and
advocacy
agency
if
the
alleged
violation
involves
a
facility
with
one
or
more
residents
with
developmental
disabilities
or
mental
illness.
d.
A
person
who
is
dissatisfied
with
any
aspect
of
the
department’s
handling
of
the
complaint
may
contact
the
office
of
long-term
care
resident’s
advocate,
established
pursuant
to
section
231.42
ombudsman
,
or
may
contact
the
protection
and
advocacy
agency
designated
pursuant
to
section
135C.2
if
the
complaint
relates
to
a
resident
with
a
developmental
disability
or
a
mental
illness.
Sec.
14.
Section
135C.38,
subsections
3
and
4,
Code
2013,
are
amended
to
read
as
follows:
3.
An
inspection
made
pursuant
to
a
complaint
filed
under
section
135C.37
need
not
be
limited
to
the
matter
or
matters
included
in
the
complaint.
However,
the
inspection
shall
not
be
a
general
inspection
unless
the
complaint
inspection
coincides
with
a
scheduled
general
inspection
or
unless
in
the
course
of
the
complaint
investigation
a
violation
is
evident
to
the
inspector.
Upon
arrival
at
the
facility
to
be
inspected,
the
inspector
shall
show
identification
to
the
person
in
charge
of
the
facility
and
state
that
an
inspection
is
to
be
made,
before
beginning
the
inspection.
Upon
request
of
either
the
complainant
or
the
department
or
committee
certified
volunteer
long-term
care
ombudsman
,
the
complainant
or
the
complainant’s
representative
or
both
may
be
allowed
the
privilege
of
Senate
File
184,
p.
7
accompanying
the
inspector
during
any
on-site
inspection
made
pursuant
to
this
section
.
The
inspector
may
cancel
the
privilege
at
any
time
if
the
inspector
determines
that
the
privacy
of
any
resident
of
the
facility
to
be
inspected
would
otherwise
be
violated.
The
protection
and
dignity
of
the
resident
shall
be
given
first
priority
by
the
inspector
and
others.
4.
If
upon
an
inspection
of
a
facility
by
its
resident
advocate
committee
certified
volunteer
long-term
care
ombudsman
pursuant
to
this
section
,
the
committee
certified
volunteer
long-term
care
ombudsman
advises
the
department
of
any
circumstance
believed
to
constitute
a
violation
of
this
chapter
or
of
any
rule
adopted
pursuant
to
it,
the
committee
certified
volunteer
long-term
care
ombudsman
shall
similarly
advise
the
facility
at
the
same
time.
If
the
facility’s
licensee
or
administrator
disagrees
with
the
conclusion
of
the
committee
certified
volunteer
long-term
care
ombudsman
regarding
the
supposed
violation,
an
informal
conference
may
be
requested
and
if
requested
shall
be
arranged
by
the
department
as
provided
in
section
135C.42
before
a
citation
is
issued.
If
the
department
thereafter
issues
a
citation
pursuant
to
the
committee’s
certified
volunteer
long-term
care
ombudsman’s
finding,
the
facility
shall
not
be
entitled
to
a
second
informal
conference
on
the
same
violation
and
the
citation
shall
be
considered
affirmed.
The
facility
cited
may
proceed
under
section
135C.43
if
it
so
desires.
Sec.
15.
Section
225C.4,
subsection
1,
paragraph
m,
Code
2013,
is
amended
to
read
as
follows:
m.
Provide
consultation
and
technical
assistance
to
patients’
advocates
appointed
pursuant
to
section
229.19
,
in
cooperation
with
the
judicial
branch
and
the
resident
advocate
committees
appointed
for
health
care
facilities
certified
volunteer
long-term
care
ombudsmen
certified
pursuant
to
section
135C.25
231.45
.
Sec.
16.
Section
227.2,
subsection
2,
Code
2013,
is
amended
to
read
as
follows:
2.
A
copy
of
the
written
report
prescribed
by
subsection
1
shall
be
furnished
to
the
county
board
of
supervisors,
to
the
county
mental
health
and
intellectual
disability
coordinating
board
or
to
its
advisory
board
if
the
county
board
of
supervisors
constitutes
ex
officio
the
coordinating
board,
to
the
administrator
of
the
county
care
facility
inspected
and
to
its
resident
advocate
committee
certified
volunteer
long-term
Senate
File
184,
p.
8
care
ombudsman
,
and
to
the
department
on
aging.
Sec.
17.
Section
227.4,
Code
2013,
is
amended
to
read
as
follows:
227.4
Standards
for
care
of
persons
with
mental
illness
or
an
intellectual
disability
in
county
care
facilities.
The
administrator,
in
cooperation
with
the
department
of
inspections
and
appeals,
shall
recommend
and
the
mental
health
and
disability
services
commission
created
in
section
225C.5
shall
adopt
standards
for
the
care
of
and
services
to
persons
with
mental
illness
or
an
intellectual
disability
residing
in
county
care
facilities.
The
standards
shall
be
enforced
by
the
department
of
inspections
and
appeals
as
a
part
of
the
licensure
inspection
conducted
pursuant
to
chapter
135C
.
The
objective
of
the
standards
is
to
ensure
that
persons
with
mental
illness
or
an
intellectual
disability
who
are
residents
of
county
care
facilities
are
not
only
adequately
fed,
clothed,
and
housed,
but
are
also
offered
reasonable
opportunities
for
productive
work
and
recreational
activities
suited
to
their
physical
and
mental
abilities
and
offering
both
a
constructive
outlet
for
their
energies
and,
if
possible,
therapeutic
benefit.
When
recommending
standards
under
this
section
,
the
administrator
shall
designate
an
advisory
committee
representing
administrators
of
county
care
facilities,
county
mental
health
and
developmental
disabilities
regional
planning
councils,
and
county
care
facility
resident
advocate
committees
certified
volunteer
long-term
care
ombudsmen
to
assist
in
the
establishment
of
standards.
Sec.
18.
Section
231.4,
subsection
1,
Code
2013,
is
amended
to
read
as
follows:
1.
For
purposes
of
this
chapter
,
unless
the
context
otherwise
requires:
a.
“Administrative
action”
means
an
action
or
decision
made
by
an
owner,
employee,
or
agent
of
a
long-term
care
facility,
assisted
living
program,
elder
group
home,
or
by
a
governmental
agency,
which
affects
the
service
provided
to
residents
or
tenants
covered
in
this
chapter
.
b.
“Assisted
living
program”
means
a
program
which
provides
assisted
living
as
defined
pursuant
to
section
231C.2
and
which
is
certified
under
chapter
231C
.
c.
“Certified
volunteer
long-term
care
ombudsman”
or
“certified
volunteer”
means
a
volunteer
long-term
care
ombudsman
certified
pursuant
to
section
231.45.
c.
d.
“Commission”
means
the
commission
on
aging.
Senate
File
184,
p.
9
d.
e.
“Department”
means
the
department
on
aging.
e.
f.
“Director”
means
the
director
of
the
department
on
aging.
f.
g.
“Elder
group
home”
means
elder
group
home
as
defined
in
section
231B.1
which
is
certified
under
chapter
231B
.
g.
h.
“Equivalent
support”
means
in-kind
contributions
of
services,
goods,
volunteer
support
time,
administrative
support,
or
other
support
reasonably
determined
by
the
department
as
equivalent
to
a
dollar
amount.
h.
i.
“Federal
Act”
means
the
Older
Americans
Act
of
1965,
42
U.S.C.
§
3001
et
seq.,
as
amended.
i.
j.
“Home
and
community-based
services”
means
a
continua
of
services
available
in
an
individual’s
home
or
community
which
include
but
are
not
limited
to
case
management,
homemaker,
home
health
aide,
personal
care,
adult
day,
respite,
home
delivered
meals,
nutrition
counseling,
and
other
medical
and
social
services
which
contribute
to
the
health
and
well-being
of
individuals
and
their
ability
to
reside
in
a
home
or
community-based
care
setting.
j.
k.
“Legal
representative”
means
a
tenant’s
legal
representative
as
defined
in
section
231B.1
or
231C.2
,
or
a
guardian,
conservator,
or
attorney
in
fact
of
a
resident.
k.
l.
“Long-term
care
facility”
means
a
long-term
care
unit
of
a
hospital
or
a
facility
licensed
under
section
135C.1
whether
the
facility
is
public
or
private.
m.
“Long-term
care
ombudsman”
means
an
advocate
for
residents
and
tenants
of
long-term
care
facilities,
assisted
living
programs,
and
elder
group
homes
who
carries
out
duties
as
specified
in
this
chapter.
l.
n.
“Older
individual”
means
an
individual
who
is
sixty
years
of
age
or
older.
o.
“Options
counseling”
means
a
service
involving
an
interactive
process,
which
may
include
a
needs
assessment,
directed
by
the
recipient
individual
and
which
may
include
other
participants
of
the
individual’s
choosing
and
the
individual’s
legal
representative,
in
which
the
individual
receives
guidance
to
make
informed
choices
about
long-term
living
services
and
supports
in
order
to
sustain
independent
living.
m.
p.
“Resident”
means
a
resident
or
tenant
of
an
individual
residing
in
a
long-term
care
facility,
assisted
living
program,
or
elder
group
home,
excluding
facilities
licensed
primarily
to
serve
persons
with
an
intellectual
Senate
File
184,
p.
10
disability
or
mental
illness.
q.
“Tenant”
means
an
individual
who
receives
assisted
living
services
through
an
assisted
living
program
or
an
individual
who
receives
elder
group
home
services
through
an
elder
group
home.
n.
r.
“Unit
of
general
purpose
local
government”
means
the
governing
body
of
a
city,
county,
township,
metropolitan
area,
or
region
within
the
state
that
has
a
population
of
one
hundred
thousand
or
more,
that
is
recognized
for
areawide
planning,
and
that
functions
as
a
political
subdivision
of
the
state
whose
authority
is
general
and
not
limited
to
only
one
function
or
combination
of
related
functions,
or
a
tribal
organization.
Sec.
19.
Section
231.23A,
subsection
2,
Code
2013,
is
amended
to
read
as
follows:
2.
The
senior
internship
older
American
community
service
employment
program.
Sec.
20.
Section
231.23A,
subsection
7,
Code
2013,
is
amended
by
striking
the
subsection.
Sec.
21.
Section
231.32,
Code
2013,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
5.
Upon
designation,
an
area
agency
on
aging
shall
be
considered
an
instrumentality
of
the
state
and
shall
adhere
to
all
state
and
federal
mandates
applicable
to
an
instrumentality
of
the
state.
Sec.
22.
Section
231.33,
Code
2013,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
21.
Comply
with
all
applicable
requirements
of
the
Iowa
public
employees’
retirement
system
established
pursuant
to
chapter
97B.
Sec.
23.
Section
231.41,
Code
2013,
is
amended
to
read
as
follows:
231.41
Purpose.
The
purpose
of
this
subchapter
is
to
establish
and
provide
for
the
operation
of
the
office
of
long-term
care
resident’s
advocate
ombudsman;
to
carry
out,
through
the
office,
a
state
long-term
care
ombudsman
program
within
the
department
in
accordance
with
the
requirements
of
the
federal
Act
,
;
and
to
adopt
the
supporting
federal
regulations
and
guidelines
for
its
operation.
Sec.
24.
Section
231.42,
Code
2013,
is
amended
to
read
as
follows:
231.42
Office
of
long-term
care
resident’s
advocate
ombudsman
——
duties
——
penalties
for
violations.
Senate
File
184,
p.
11
1.
Office
established.
The
office
of
long-term
care
resident’s
advocate
ombudsman
is
established
within
the
department,
in
accordance
with
section
712
of
the
federal
Act,
as
codified
at
42
U.S.C.
§
3058g
and
state
law
.
The
office
shall
consist
of
the
state
long-term
care
resident’s
advocate
and
ombudsman,
any
local
long-term
care
resident’s
advocates
ombudsmen,
and
any
certified
volunteer
long-term
care
ombudsmen
.
2.
State
long-term
care
resident’s
advocate
ombudsman
.
The
director
of
the
department
shall
appoint
the
state
long-term
care
resident’s
advocate
ombudsman
who
shall
do
all
of
the
following:
a.
Establish
and
implement
a
statewide
confidential
uniform
reporting
system
for
receiving,
analyzing,
referring,
investigating,
and
resolving
complaints
about
administrative
actions
and
the
health,
safety,
welfare,
and
rights
of
residents
or
tenants
of
long-term
care
facilities,
assisted
living
programs,
and
elder
group
homes,
excluding
facilities
licensed
primarily
to
serve
persons
with
an
intellectual
disability
or
mental
illness.
b.
Publicize
the
office
of
long-term
care
resident’s
advocate
ombudsman
and
provide
information
and
education
to
consumers,
the
public,
and
other
agencies
about
issues
related
to
long-term
care
in
Iowa.
c.
Monitor
the
development
and
implementation
of
federal,
state,
and
local
laws,
regulations,
and
policies
that
relate
to
long-term
care
in
Iowa.
d.
Annually
report
to
the
governor
and
general
assembly
on
the
activities
of
the
office
and
make
recommendations
for
improving
the
health,
safety,
welfare,
and
rights
of
residents
and
tenants
of
long-term
care
facilities,
assisted
living
programs,
and
elder
group
homes
.
e.
Cooperate
with
persons
and
public
or
private
agencies
with
regard
to,
and
participate
in,
inquiries,
meetings,
or
studies
that
may
lead
to
improvements
in
the
health,
safety,
welfare,
and
rights
of
residents
and
tenants
and
the
functioning
of
long-term
care
facilities,
assisted
living
programs,
and
elder
group
homes
.
f.
Recruit,
train,
educate,
support,
and
monitor
volunteers
associated
with
the
office.
3.
Local
long-term
care
resident’s
advocates
ombudsmen
.
The
local
long-term
care
resident’s
advocates
ombudsmen
established
pursuant
to
this
section
shall
do
all
of
the
following:
Senate
File
184,
p.
12
a.
Accept,
investigate,
verify,
and
work
to
resolve
complaints
,
whether
reported
to
or
initiated
by
a
long-term
care
resident’s
advocate,
relating
to
any
action
or
inaction
that
may
adversely
affect
the
health,
safety,
welfare,
or
rights
of
residents
or
tenants
of
a
long-term
care
facility,
assisted
living
program,
or
elder
group
home
.
b.
Provide
information
about
long-term
care,
the
rights
of
residents
and
tenants,
payment
sources
for
care,
and
selection
of
a
long-term
care
facility,
assisted
living
program,
or
elder
group
home
to
providers,
consumers,
family
members,
volunteers,
and
the
public.
c.
Make
referrals
to
appropriate
licensing,
certifying,
and
enforcement
agencies
to
assure
appropriate
investigation
of
abuse
complaints
and
corrective
actions.
d.
Assist
in
the
recruitment,
training
,
and
education
,
support,
and
monitoring
of
certified
volunteers
associated
with
the
office
of
the
long-term
care
resident’s
advocate
ombudsman
.
e.
Make
noncomplaint-related
visits
to
long-term
care
facilities,
assisted
living
programs,
and
elder
group
homes
to
observe
daily
routines,
meals,
and
activities,
and
work
to
resolve
complaints
if
any
are
identified
during
these
visits.
4.
Referrals
of
abuse,
neglect,
or
exploitation.
a.
If
abuse,
neglect,
or
exploitation
of
a
resident
or
tenant
of
a
long-term
care
facility,
assisted
living
program,
or
elder
group
home
is
suspected,
the
state
or
a
local
long-term
care
resident’s
advocate
ombudsman
shall,
with
the
permission
of
the
resident
or
tenant
as
applicable
under
federal
law,
make
an
immediate
referral
to
the
department
of
inspections
and
appeals
,
or
the
department
of
human
services
as
applicable,
and
to
,
the
department
on
aging,
or
the
appropriate
law
enforcement
agency
,
as
applicable
.
The
state
or
a
local
long-term
care
resident’s
advocate
ombudsman
shall
cooperate,
if
requested,
with
the
department
of
inspections
and
appeals,
department
of
human
services,
department
on
aging,
or
any
law
enforcement
agency
pursuant
to
any
investigation
of
such
abuse,
neglect,
or
exploitation.
b.
If
the
department
of
inspections
and
appeals
responds
to
a
complaint
referred
by
the
state
or
a
local
long-term
care
resident’s
advocate
ombudsman
against
a
long-term
care
facility,
assisted
living
program,
elder
group
home,
or
an
employee
of
such
entity,
copies
of
related
inspection
reports,
plans
of
correction,
and
notice
of
any
citations
and
sanctions
levied
against
the
facility,
program,
or
home
shall
Senate
File
184,
p.
13
be
forwarded
to
the
office
of
the
long-term
care
resident’s
advocate
ombudsman
.
5.
Access
to
long-term
care
facility,
assisted
living
program,
or
elder
group
home
and
residents
and
tenants
.
The
state
or
a
local
long-term
care
resident’s
advocate
ombudsman
or
a
trained
certified
volunteer
may
enter
any
long-term
care
facility,
assisted
living
program,
or
elder
group
home
at
any
time
with
or
without
prior
notice
or
complaint
and
shall
be
granted
access
to
residents
and
tenants
at
all
times
for
the
purpose
of
carrying
out
the
duties
specified
in
this
section
.
As
used
in
this
section
,
“access”
means
the
right
to
do
all
of
the
following:
a.
Enter
any
long-term
care
facility,
assisted
living
program,
or
elder
group
home
and
provide
identification.
b.
Seek
consent
from
the
resident,
tenant,
or
legal
representative
to
communicate
privately
and
without
restriction
with
any
resident
,
or
tenant
,
or
legal
representative
.
c.
Communicate
privately
and
without
restriction
with
any
resident,
tenant,
or
legal
representative
,
or
other
representative
who
consents
to
communication
.
d.
Review
the
clinical
medical,
social,
or
other
records
of
a
resident
or
tenant.
e.
Observe
all
resident
or
tenant
areas
of
a
long-term
care
facility,
assisted
living
program,
or
housing
establishment
elder
group
home
except
the
living
area
of
any
resident
or
tenant
who
protests
the
observation.
6.
Access
to
medical
and
personal
social
records.
a.
The
state
or
a
local
long-term
care
resident’s
advocate
ombudsman
shall
have
access
to
the
medical
and
personal
social
records
of
an
individual
who
is
a
resident
or
tenant
of
a
long-term
care
facility,
assisted
living
program,
or
elder
group
home
retained
by
the
facility,
program,
or
home.
,
if
any
of
the
following
applies:
(1)
The
state
or
local
long-term
care
ombudsman
or
certified
volunteer
long-term
care
ombudsman
has
the
permission
of
the
resident
or
tenant,
or
the
legal
representative
of
the
resident
or
tenant.
(2)
The
resident
or
tenant
is
unable
to
consent
to
the
access
and
has
no
legal
representative.
(3)
Access
to
the
records
is
necessary
to
investigate
a
complaint
if
all
of
the
following
apply:
(a)
A
legal
representative
of
the
resident
or
tenant
refuses
to
give
the
permission.
Senate
File
184,
p.
14
(b)
The
state
or
local
long-term
care
ombudsman
or
a
certified
volunteer
long-term
care
ombudsman
has
reasonable
cause
to
believe
that
the
legal
representative
is
not
acting
in
the
best
interest
of
the
resident
or
tenant.
(c)
The
local
long-term
care
ombudsman
or
a
certified
volunteer
long-term
care
ombudsman
obtains
the
approval
of
the
state
long-term
care
ombudsman.
b.
Records
may
be
reproduced
by
the
state
or
a
local
long-term
care
resident’s
advocate
ombudsman
.
c.
Upon
request
of
the
state
or
a
local
long-term
care
resident’s
advocate
ombudsman
,
a
long-term
care
facility,
assisted
living
program,
or
elder
group
home
shall
provide
the
name,
address,
and
telephone
number
of
the
legal
representative
or
next
of
kin
of
any
resident
or
tenant.
d.
A
long-term
care
facility,
assisted
living
program,
or
elder
group
home
or
personnel
of
such
a
facility,
program,
or
home
who
discloses
records
in
compliance
with
this
section
and
the
procedures
adopted
pursuant
to
this
section
shall
not
be
liable
for
such
disclosure.
7.
Access
to
administrative
records.
a.
Pursuant
to
the
federal
Act,
the
state
or
a
local
long-term
care
ombudsman
or
a
certified
volunteer
shall
have
access
to
the
administrative
records,
policies,
and
documents
of
the
long-term
care
facility,
assisted
living
program,
or
elder
group
home,
which
are
accessible
to
residents,
tenants,
or
the
general
public.
b.
Pursuant
to
the
federal
Act,
the
state
or
a
local
long-term
care
ombudsman
or
a
certified
volunteer
shall
have
access
to,
and
upon
request,
copies
of,
all
licensing
and
certification
records
maintained
by
the
state
with
respect
to
a
long-term
care
facility,
assisted
living
program,
or
elder
group
home.
7.
8.
Interference
prohibited
——
penalties.
a.
An
officer,
owner,
director,
or
employee
of
a
long-term
care
facility,
assisted
living
program,
or
elder
group
home
who
intentionally
prevents,
interferes
with,
or
attempts
to
impede
the
work
of
the
state
or
a
local
long-term
care
resident’s
advocate
ombudsman
or
a
certified
volunteer
is
subject
to
a
penalty
imposed
by
the
director
of
not
more
than
one
thousand
five
hundred
dollars
for
each
violation.
If
the
director
imposes
a
penalty
for
a
violation
under
this
paragraph,
no
other
state
agency
shall
impose
a
penalty
for
the
same
interference
violation.
Any
moneys
collected
pursuant
to
this
Senate
File
184,
p.
15
subsection
shall
be
deposited
in
the
general
fund
of
the
state.
b.
The
office
of
the
long-term
care
resident’s
advocate
ombudsman
shall
adopt
rules
specifying
procedures
for
notice
and
appeal
of
penalties
imposed
pursuant
to
this
subsection
.
c.
The
director,
in
consultation
with
the
office
of
the
long-term
care
resident’s
advocate
ombudsman
,
shall
notify
the
county
attorney
of
the
county
in
which
the
long-term
care
facility,
assisted
living
program,
or
elder
group
home
is
located,
or
the
attorney
general,
of
any
violation
of
this
subsection
.
8.
9.
Retaliation
prohibited
——
penalties.
An
officer,
owner,
director,
or
employee
of
a
long-term
care
facility,
assisted
living
program,
or
elder
group
home
shall
not
retaliate
against
any
person
for
having
filed
a
complaint
with,
or
provided
information
to,
the
state
or
a
local
long-term
care
resident’s
advocate
ombudsman
or
a
certified
volunteer
.
A
person
who
retaliates
or
discriminates
in
violation
of
this
subsection
is
guilty
of
a
simple
misdemeanor.
9.
10.
Change
in
operations.
A
long-term
care
facility,
assisted
living
program,
or
elder
group
home
shall
inform
the
office
of
the
long-term
care
resident’s
advocate
ombudsman
in
writing
at
least
thirty
days
prior
to
any
change
in
operations,
programs,
services,
licensure,
or
certification
that
affects
residents
or
tenants,
including
but
not
limited
to
the
intention
to
close,
decertify,
or
change
ownership.
In
an
emergency
situation,
or
when
a
long-term
care
facility,
assisted
living
program,
or
elder
group
home
is
evacuated,
the
department
of
inspections
and
appeals
shall
notify
the
office
of
the
state
long-term
care
resident’s
advocate
ombudsman
.
10.
11.
Immunity.
The
state
or
a
local
long-term
care
resident’s
advocate
ombudsman,
certified
volunteer,
or
any
representative
of
the
office
participating
in
the
good
faith
performance
of
their
official
duties
shall
have
immunity
from
any
civil
or
criminal
liability
that
otherwise
might
result
by
reason
of
taking,
investigating,
or
pursuing
a
complaint
under
this
section
.
11.
12.
Confidentiality.
a.
Information
relating
to
any
complaint
made
to
or
investigation
by
the
state
or
a
local
long-term
care
resident’s
advocate
ombudsman
or
certified
volunteer
that
discloses
the
identity
of
a
complainant,
resident,
or
tenant
,
or
;
information
related
to
a
resident’s
or
tenant’s
personal
social
or
medical
records
,
;
or
files
maintained
by
the
state
long-term
care
Senate
File
184,
p.
16
ombudsman
program
that
disclose
the
identity
of
a
complainant,
resident,
or
tenant,
shall
remain
confidential
except
as
follows
and
shall
not
be
disclosed
unless
any
of
the
following
applies
:
a.
If
permission
is
granted
by
the
director
in
consultation
with
the
state
long-term
care
resident’s
advocate.
b.
If
disclosure
is
authorized
in
writing
by
the
complainant
and
the
resident,
tenant,
or
the
individual’s
guardian
or
legal
representative.
c.
If
disclosure
is
necessary
for
the
provision
of
services
to
a
resident
or
tenant,
or
the
resident
or
tenant
is
unable
to
express
written
or
oral
consent.
d.
If
ordered
by
a
court.
(1)
The
complainant,
resident,
tenant,
or
a
legal
representative
consents
to
the
disclosure
and
the
consent
is
given
in
writing.
(2)
The
complainant,
resident,
or
tenant
gives
consent
orally
and
the
consent
is
documented
contemporaneously
in
a
writing
made
by
the
state
long-term
care
ombudsman
or
a
local
long-term
care
ombudsman.
(3)
The
disclosure
is
required
by
a
court
order.
b.
The
department
shall
adopt
rules
pursuant
to
chapter
17A
to
administer
this
subsection.
12.
13.
Posting
of
state
long-term
care
resident’s
advocate
ombudsman
information.
Every
long-term
care
facility,
assisted
living
program,
and
elder
group
home
shall
post
information
in
a
prominent
location
that
includes
the
name,
address,
and
telephone
number,
and
a
brief
description
of
the
services
provided
by
the
office
of
the
long-term
care
resident’s
advocate
ombudsman
.
The
information
posted
shall
be
approved
or
provided
by
the
office
of
the
long-term
care
resident’s
advocate
ombudsman
.
Sec.
25.
Section
231.45,
Code
2013,
is
amended
to
read
as
follows:
231.45
Certified
volunteer
long-term
care
resident’s
advocate
ombudsman
program.
1.
The
department
shall
establish
a
certified
volunteer
long-term
care
resident’s
advocate
ombudsman
program
in
accordance
with
the
federal
Act
to
provide
assistance
to
the
state
and
local
long-term
care
resident’s
advocates
ombudsmen
.
2.
The
department
shall
develop
and
implement
a
certification
process
for
volunteer
long-term
care
resident’s
advocates
ombudsmen
including
but
not
limited
to
an
application
Senate
File
184,
p.
17
process,
provision
for
background
checks,
classroom
or
on-site
training,
orientation,
and
continuing
education.
3.
The
Unless
specifically
excluded,
the
provisions
of
section
231.42
relating
to
local
long-term
care
resident’s
advocates
ombudsmen
shall
apply
to
certified
volunteer
long-term
care
resident’s
advocates
ombudsmen
.
4.
The
department
shall
adopt
rules
pursuant
to
chapter
17A
to
administer
this
section
.
Sec.
26.
Section
231.51,
subsections
1,
3,
and
4,
Code
2013,
are
amended
to
read
as
follows:
1.
The
department
shall
direct
and
administer
the
older
American
community
service
employment
program
as
authorized
by
the
federal
Act
in
coordination
with
the
department
of
workforce
development
and
the
economic
development
authority
.
3.
Funds
appropriated
to
the
department
from
the
United
States
department
of
labor
shall
be
distributed
to
local
projects
subgrantees
in
accordance
with
federal
requirements.
4.
The
department
shall
require
such
uniform
reporting
and
financial
accounting
by
area
agencies
on
aging
and
local
projects
subgrantees
as
may
be
necessary
to
fulfill
the
purposes
of
this
section
.
Sec.
27.
Section
231.53,
Code
2013,
is
amended
to
read
as
follows:
231.53
Coordination
with
Workforce
Investment
Act.
The
senior
internship
older
American
community
service
employment
program
shall
be
coordinated
with
the
federal
Workforce
Investment
Act
administered
by
the
department
of
workforce
development.
Sec.
28.
Section
231.56A,
Code
2013,
is
amended
to
read
as
follows:
231.56A
Prevention
of
elder
abuse,
neglect,
and
exploitation
program.
1.
The
department
shall
administer
the
prevention
of
elder
abuse,
neglect,
and
exploitation
program
in
accordance
with
the
requirements
of
the
federal
Act.
The
purpose
of
the
program
is
to
carry
out
activities
for
intervention
in,
investigation
of,
and
response
to
elder
abuse,
neglect,
and
exploitation
including
financial
exploitation.
2.
The
target
population
of
the
program
shall
be
any
older
individual
residing
in
Iowa
who
is
at
risk
of
or
who
is
experiencing
abuse,
neglect,
or
exploitation
including
financial
exploitation.
3.
The
contractor
implementing
the
program
shall
identify
Senate
File
184,
p.
18
emergency
shelter
and
support
services,
state
funding,
outcomes,
reporting
requirements,
and
approved
community
resources
from
which
services
may
be
obtained.
4.
The
contractor
shall
implement
the
program
and
shall
coordinate
the
provider
network
through
the
use
of
referrals
or
other
engagement
of
community
resources
to
provide
services
to
older
individuals.
5.
2.
The
department
shall
adopt
rules
to
implement
this
section
.
Sec.
29.
Section
231.64,
Code
2013,
is
amended
to
read
as
follows:
231.64
Aging
and
disability
resource
center
program
.
1.
The
aging
and
disability
resource
center
program
shall
be
administered
by
the
department
consistent
with
the
federal
Act.
The
department
shall
designate
participating
entities
to
establish
a
coordinated
system
for
providing
all
of
the
following:
a.
Comprehensive
information,
referral,
and
assistance
regarding
the
full
range
of
available
public
and
private
long-term
care
programs,
options,
service
providers,
and
resources
within
a
community,
including
information
on
the
availability
of
integrated
long-term
care.
b.
Personal
Options
counseling
to
assist
individuals
in
assessing
their
existing
or
anticipated
long-term
care
needs
and
developing
and
implementing
a
plan
for
long-term
care
designed
to
meet
their
specific
needs
and
circumstances.
The
plan
for
long-term
care
may
include
support
with
person-centered
care
transitions
to
assist
consumers
and
family
caregivers
with
transitions
between
home
and
care
settings.
c.
Consumer
access
to
the
range
of
publicly-supported
long-term
care
programs
for
which
consumers
may
be
eligible,
by
serving
as
a
convenient
point
of
entry
for
such
programs.
2.
The
aging
and
disability
resource
center
program
shall
assist
older
individuals,
persons
with
disabilities
age
eighteen
or
older,
family
caregivers,
and
people
who
inquire
about
or
request
assistance
on
behalf
of
members
of
these
groups,
as
they
seek
long-term
care
living
services
and
community
supports.
Sec.
30.
Section
231B.1,
subsection
10,
Code
2013,
is
amended
to
read
as
follows:
10.
“Tenant
advocate”
means
the
office
of
the
long-term
care
resident’s
advocate
ombudsman
established
in
section
231.42
.
Sec.
31.
Section
231C.2,
subsection
15,
Code
2013,
is
Senate
File
184,
p.
19
amended
to
read
as
follows:
15.
“Tenant
advocate”
means
the
office
of
long-term
care
resident’s
advocate
ombudsman
established
in
section
231.42
.
Sec.
32.
Section
235B.6,
subsection
2,
paragraph
e,
subparagraph
(10),
Code
2013,
is
amended
to
read
as
follows:
(10)
The
state
or
a
local
long-term
care
resident’s
advocate
ombudsman
if
the
victim
resides
in
a
long-term
care
facility
or
the
alleged
perpetrator
is
an
employee
of
a
long-term
care
facility
as
defined
in
section
231.4
.
Sec.
33.
Section
669.14,
subsection
12,
Code
2013,
is
amended
to
read
as
follows:
12.
Any
claim
based
upon
the
actions
of
a
resident
advocate
committee
member
certified
volunteer
long-term
care
ombudsman
in
the
performance
of
duty
if
the
action
is
undertaken
and
carried
out
in
good
faith.
Sec.
34.
REPEAL.
Sections
135C.25,
231.44,
231.52,
and
231B.19,
Code
2013,
are
repealed.
Sec.
35.
REPEAL.
Chapter
249H,
Code
2013,
is
repealed.
______________________________
PAM
JOCHUM
President
of
the
Senate
______________________________
KRAIG
PAULSEN
Speaker
of
the
House
I
hereby
certify
that
this
bill
originated
in
the
Senate
and
is
known
as
Senate
File
184,
Eighty-fifth
General
Assembly.
______________________________
MICHAEL
E.
MARSHALL
Secretary
of
the
Senate
Approved
_______________,
2013
______________________________
TERRY
E.
BRANSTAD
Governor