Bill Text: IA SF184 | 2013-2014 | 85th General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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

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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