Bill Text: IA SSB3011 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A study bill for an act relating to employment, disciplinary, and other procedures for entities regulated by the department of inspections and appeals, and including applicability provisions.
Spectrum: Unknown
Status: (N/A - Dead) 2014-01-14 - In Human Resources [SSB3011 Detail]
Download: Iowa-2013-SSB3011-Introduced.html
Senate
Study
Bill
3011
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
DEPARTMENT
OF
INSPECTIONS
AND
APPEALS
BILL)
A
BILL
FOR
An
Act
relating
to
employment,
disciplinary,
and
other
1
procedures
for
entities
regulated
by
the
department
of
2
inspections
and
appeals,
and
including
applicability
3
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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Section
1.
Section
135B.34,
subsection
2,
paragraph
b,
1
subparagraph
(2),
Code
2014,
is
amended
to
read
as
follows:
2
(2)
Subparagraph
(1)
applies
to
a
crime
that
is
a
simple
3
misdemeanor
offense
under
section
123.47
or
chapter
321
,
and
4
to
a
crime
that
is
a
first
offense
of
operating
a
motor
vehicle
5
while
intoxicated
under
section
321J.2,
subsection
1
.
6
Sec.
2.
Section
135C.10,
subsection
9,
Code
2014,
is
amended
7
to
read
as
follows:
8
9.
In
the
case
of
an
application
by
an
existing
licensee
9
for
a
new
or
newly
acquired
facility,
continuing
or
repeated
10
failure
of
the
licensee
to
operate
any
previously
licensed
11
facility
or
facilities
in
compliance
with
the
provisions
of
12
this
chapter
or
of
,
the
rules
adopted
pursuant
to
it
this
13
chapter,
or
equivalent
provisions
that
the
facility
is
subject
14
to
in
this
state
or
any
other
state
.
15
Sec.
3.
Section
135C.10,
Code
2014,
is
amended
by
adding
the
16
following
new
subsection:
17
NEW
SUBSECTION
.
11.
Impeding
the
department’s
ability
to
18
ensure
the
facility’s
compliance
with
this
chapter
or
with
19
rules
adopted
pursuant
to
this
chapter.
20
Sec.
4.
Section
135C.11,
subsection
2,
Code
2014,
is
amended
21
to
read
as
follows:
22
2.
The
procedure
governing
hearings
authorized
by
this
23
section
shall
be
in
accordance
with
the
rules
promulgated
by
24
the
department.
A
full
and
complete
record
shall
be
kept
25
of
all
proceedings,
and
all
testimony
shall
be
reported
but
26
need
not
be
transcribed
unless
judicial
review
is
sought
27
pursuant
to
section
135C.13
.
Copies
of
the
transcript
may
be
28
obtained
by
an
interested
party
upon
payment
of
the
cost
of
29
preparing
the
copies.
Witnesses
may
be
subpoenaed
by
either
30
party
and
shall
be
allowed
fees
at
a
rate
prescribed
by
the
31
department’s
rules.
The
director
may,
after
advising
the
32
certified
volunteer
long-term
care
ombudsman
a
representative
33
of
the
office
of
long-term
care
ombudsman
,
either
proceed
in
34
accordance
with
section
135C.30
,
or
remove
all
residents
and
35
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suspend
the
license
or
licenses
of
any
health
care
facility,
1
prior
to
a
hearing,
when
the
director
finds
that
the
health
2
or
safety
of
residents
of
the
health
care
facility
requires
3
such
action
on
an
emergency
basis.
The
fact
that
a
certified
4
volunteer
long-term
care
ombudsman
has
not
been
appointed
for
a
5
particular
facility
shall
not
bar
the
director
from
exercising
6
the
emergency
powers
granted
by
this
subsection
with
respect
7
to
that
facility.
8
Sec.
5.
Section
135C.13,
Code
2014,
is
amended
to
read
as
9
follows:
10
135C.13
Judicial
review.
11
Judicial
review
of
any
action
of
the
director
may
be
sought
12
in
accordance
with
the
terms
of
the
Iowa
administrative
13
procedure
Act,
chapter
17A
.
Notwithstanding
the
terms
of
14
chapter
17A
,
petitions
for
judicial
review
may
be
filed
in
the
15
district
court
of
the
county
where
the
facility
or
proposed
16
facility
is
located,
and
pending
final
disposition
of
the
17
matter
the
status
quo
of
the
applicant
or
licensee
shall
be
18
preserved
except
when
the
director,
with
the
advice
and
consent
19
after
advising
a
representative
of
the
certified
volunteer
20
office
of
long-term
care
ombudsman,
determines
that
the
health,
21
safety
,
or
welfare
of
the
residents
of
the
facility
is
in
22
immediate
danger,
in
which
case
the
director
may
order
the
23
immediate
removal
of
such
residents.
The
fact
that
a
certified
24
volunteer
long-term
care
ombudsman
has
not
been
appointed
for
a
25
particular
facility
shall
not
bar
the
director
from
exercising
26
the
emergency
powers
granted
by
this
section
with
respect
to
27
that
facility.
28
Sec.
6.
Section
135C.14,
subsection
8,
paragraph
d,
Code
29
2014,
is
amended
to
read
as
follows:
30
d.
The
notification
of
certified
volunteer
the
office
31
of
long-term
care
ombudsmen
ombudsman
by
the
department
of
32
all
complaints
relating
to
health
care
facilities
and
the
33
involvement
of
the
certified
volunteer
office
of
long-term
care
34
ombudsmen
ombudsman
in
resolution
of
the
complaints.
35
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Sec.
7.
Section
135C.16,
subsection
3,
Code
2014,
is
amended
1
to
read
as
follows:
2
3.
An
inspector
authorized
representative
of
the
department
3
may
enter
any
licensed
health
care
facility
without
a
4
warrant,
and
may
examine
all
records
pertaining
to
the
care
5
provided
residents
of
the
facility.
An
inspector
authorized
6
representative
of
the
department
may
contact
or
interview
7
any
resident,
employee,
or
any
other
person
who
might
have
8
knowledge
about
the
operation
of
a
health
care
facility.
9
An
inspector
authorized
representative
of
the
department
10
of
human
services
shall
have
the
same
right
with
respect
11
to
any
facility
where
one
or
more
residents
are
cared
for
12
entirely
or
partially
at
public
expense,
and
an
investigator
13
authorized
representative
of
the
designated
protection
and
14
advocacy
agency
shall
have
the
same
right
with
respect
to
15
any
facility
where
one
or
more
residents
have
developmental
16
disabilities
or
mental
illnesses,
and
the
state
fire
marshal
17
or
a
deputy
appointed
pursuant
to
section
135C.9,
subsection
18
1
,
paragraph
“b”
,
shall
have
the
same
right
of
entry
into
any
19
facility
and
the
right
to
inspect
any
records
pertinent
to
20
fire
safety
practices
and
conditions
within
that
facility
,
and
21
an
authorized
representative
of
the
office
of
long-term
care
22
ombudsman
shall
have
the
same
right
with
respect
to
any
nursing
23
facility
or
residential
care
facility
.
If
any
such
inspector
24
authorized
representative
has
probable
cause
to
believe
that
25
any
institution,
building,
or
agency
not
licensed
as
a
health
26
care
facility
is
in
fact
a
health
care
facility
as
defined
27
by
this
chapter
,
and
upon
producing
identification
that
the
28
individual
is
an
inspector
authorized
representative
is
denied
29
entry
thereto
for
the
purpose
of
making
an
inspection,
the
30
inspector
authorized
representative
may,
with
the
assistance
31
of
the
county
attorney
of
the
county
in
which
the
purported
32
health
care
facility
is
located,
apply
to
the
district
court
33
for
an
order
requiring
the
owner
or
occupant
to
permit
entry
34
and
inspection
of
the
premises
to
determine
whether
there
have
35
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been
any
violations
of
this
chapter
.
1
Sec.
8.
Section
135C.17,
Code
2014,
is
amended
to
read
as
2
follows:
3
135C.17
Duties
of
other
departments.
4
It
shall
be
the
duty
of
the
department
of
human
services,
5
state
fire
marshal,
office
of
long-term
care
ombudsman,
and
6
the
officers
and
agents
of
other
state
and
local
governmental
7
units,
and
the
designated
protection
and
advocacy
agency
to
8
assist
the
department
in
carrying
out
the
provisions
of
this
9
chapter
,
insofar
as
the
functions
of
these
respective
offices
10
and
departments
are
concerned
with
the
health,
welfare,
and
11
safety
of
any
resident
of
any
health
care
facility.
It
shall
12
be
the
duty
of
the
department
to
cooperate
with
the
protection
13
and
advocacy
agency
and
the
office
of
long-term
care
ombudsman
14
by
responding
to
all
reasonable
requests
for
assistance
and
15
information
as
required
by
federal
law
and
this
chapter
.
16
Sec.
9.
Section
135C.19,
subsection
2,
paragraph
b,
Code
17
2014,
is
amended
to
read
as
follows:
18
b.
A
copy
of
each
citation
required
to
be
posted
by
this
19
subsection
shall
be
sent
by
the
department
to
the
department
20
of
human
services
and
,
to
the
designated
protection
and
21
advocacy
agency
if
the
facility
has
one
or
more
residents
22
with
developmental
disabilities
or
mental
illness
,
and
to
the
23
office
of
long-term
care
ombudsman
if
the
facility
is
a
nursing
24
facility
or
residential
care
facility
.
25
Sec.
10.
Section
135C.33,
subsection
2,
paragraph
b,
26
subparagraph
(2),
Code
2014,
is
amended
to
read
as
follows:
27
(2)
Subparagraph
(1)
applies
to
a
crime
that
is
a
simple
28
misdemeanor
offense
under
section
123.47
or
chapter
321
,
and
29
to
a
crime
that
is
a
first
offense
of
operating
a
motor
vehicle
30
while
intoxicated
under
section
321J.2,
subsection
1
.
31
Sec.
11.
Section
135C.33,
subsection
8,
paragraph
d,
32
subparagraph
(2),
Code
2014,
is
amended
to
read
as
follows:
33
(2)
Subparagraph
(1)
applies
to
a
crime
that
is
a
simple
34
misdemeanor
offense
under
section
123.47
or
chapter
321
,
and
35
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to
a
crime
that
is
a
first
offense
of
operating
a
motor
vehicle
1
while
intoxicated
under
section
321J.2,
subsection
1
.
2
Sec.
12.
Section
135C.38,
subsection
1,
paragraphs
a
and
c,
3
Code
2014,
are
amended
to
read
as
follows:
4
a.
Upon
receipt
of
a
complaint
made
in
accordance
with
5
section
135C.37
,
the
department
or
certified
volunteer
6
long-term
care
ombudsman
shall
make
a
preliminary
review
of
7
the
complaint.
Unless
the
department
or
certified
volunteer
8
long-term
care
ombudsman
concludes
that
the
complaint
is
9
intended
to
harass
a
facility
or
a
licensee
or
is
without
10
reasonable
basis,
the
department
or
certified
volunteer
11
long-term
care
ombudsman
shall
make
or
cause
to
be
made
an
12
on-site
inspection
of
the
health
care
facility
which
is
the
13
subject
of
the
complaint
within
the
time
period
determined
14
pursuant
to
the
following
guidelines,
which
period
shall
15
commence
on
the
date
of
receipt
of
the
complaint:
16
(1)
For
nursing
facilities,
an
on-site
inspection
shall
be
17
initiated
as
follows:
18
(a)
Within
two
working
days
for
a
complaint
determined
by
19
the
department
or
certified
volunteer
long-term
care
ombudsman
20
to
be
an
alleged
immediate
jeopardy
situation.
21
(b)
Within
ten
working
days
for
a
complaint
determined
by
22
the
department
or
certified
volunteer
long-term
care
ombudsman
23
to
be
an
alleged
high-level,
nonimmediate
jeopardy
situation.
24
(c)
Within
forty-five
calendar
days
for
a
complaint
25
determined
by
the
department
or
certified
volunteer
long-term
26
care
ombudsman
to
be
an
alleged
nonimmediate
jeopardy
27
situation,
other
than
a
high-level
situation.
28
(2)
For
all
other
types
of
health
care
facilities,
an
29
on-site
inspection
shall
be
initiated
as
follows:
30
(a)
Within
two
working
days
for
a
complaint
determined
by
31
the
department
or
certified
volunteer
long-term
care
ombudsman
32
to
be
an
alleged
immediate
jeopardy
situation.
33
(b)
Within
twenty
working
days
for
a
complaint
determined
by
34
the
department
or
certified
volunteer
long-term
care
ombudsman
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to
be
an
alleged
high-level,
nonimmediate
jeopardy
situation.
1
(c)
Within
forty-five
calendar
days
for
a
complaint
2
determined
by
the
department
or
certified
volunteer
long-term
3
care
ombudsman
to
be
an
alleged
nonimmediate
jeopardy
4
situation,
other
than
a
high-level
situation.
5
c.
The
department
may
refer
to
the
certified
volunteer
a
6
representative
of
the
office
of
long-term
care
ombudsman
of
a
7
facility
any
complaint
received
by
the
department
regarding
8
that
a
facility,
for
initial
evaluation
and
appropriate
action
9
by
the
certified
volunteer
office
of
long-term
care
ombudsman.
10
Sec.
13.
Section
135C.38,
subsection
2,
paragraph
a,
Code
11
2014,
is
amended
to
read
as
follows:
12
a.
The
complainant
shall
be
promptly
informed
of
the
result
13
of
any
action
taken
by
the
department
or
certified
volunteer
14
the
office
of
long-term
care
ombudsman
in
the
matter.
The
15
complainant
shall
also
be
notified
of
the
name,
address,
and
16
telephone
number
of
the
designated
protection
and
advocacy
17
agency
if
the
alleged
violation
involves
a
facility
with
one
18
or
more
residents
with
developmental
disabilities
or
mental
19
illness.
20
Sec.
14.
Section
135C.38,
subsection
3,
Code
2014,
is
21
amended
to
read
as
follows:
22
3.
An
inspection
made
pursuant
to
a
complaint
filed
under
23
section
135C.37
need
not
be
limited
to
the
matter
or
matters
24
included
in
the
complaint.
However,
the
inspection
shall
25
not
be
a
general
inspection
unless
the
complaint
inspection
26
coincides
with
a
scheduled
general
inspection
or
unless
in
the
27
course
of
the
complaint
investigation
a
violation
is
evident
to
28
the
inspector.
Upon
arrival
at
the
facility
to
be
inspected,
29
the
inspector
shall
show
identification
to
the
person
in
30
charge
of
the
facility
and
state
that
an
inspection
is
to
be
31
made,
before
beginning
the
inspection.
Upon
request
of
either
32
the
complainant
or
the
department
or
certified
volunteer
a
33
representative
of
the
office
of
long-term
care
ombudsman,
the
34
complainant
or
the
complainant’s
representative
or
both
may
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be
allowed
the
privilege
of
accompanying
the
inspector
during
1
any
on-site
inspection
made
pursuant
to
this
section
.
The
2
inspector
may
cancel
the
privilege
at
any
time
if
the
inspector
3
determines
that
the
privacy
of
any
resident
of
the
facility
to
4
be
inspected
would
otherwise
be
violated.
The
protection
and
5
dignity
of
the
resident
shall
be
given
first
priority
by
the
6
inspector
and
others.
7
Sec.
15.
Section
135C.38,
subsection
4,
Code
2014,
is
8
amended
by
striking
the
subsection.
9
Sec.
16.
Section
231B.8,
Code
2014,
is
amended
by
striking
10
the
section
and
inserting
in
lieu
thereof
the
following:
11
231B.8
Exit
interview
——
issuance
of
findings.
12
1.
The
department
shall
provide
an
elder
group
home
an
13
exit
interview
at
the
conclusion
of
a
monitoring
evaluation
14
or
complaint
investigation,
and
the
department
shall
inform
15
the
home’s
representative
of
all
issues
and
areas
of
concern
16
related
to
the
insufficient
practices.
The
department
may
17
conduct
the
exit
interview
in
person
or
by
telephone,
and
18
the
department
shall
provide
a
second
exit
interview
if
any
19
additional
issues
or
areas
of
concern
are
identified.
The
home
20
shall
have
two
working
days
from
the
date
of
the
exit
interview
21
to
submit
additional
or
rebuttal
information
to
the
department.
22
2.
The
department
shall
issue
the
final
findings
of
a
23
monitoring
evaluation
or
complaint
investigation
within
24
ten
working
days
after
completion
of
the
on-site
monitoring
25
evaluation
or
complaint
investigation.
The
final
findings
26
shall
be
served
upon
the
home
personally,
by
electronic
mail,
27
or
by
certified
mail.
28
Sec.
17.
Section
231B.9,
Code
2014,
is
amended
to
read
as
29
follows:
30
231B.9
Public
disclosure
of
findings.
31
Upon
completion
of
a
monitoring
evaluation
or
complaint
32
investigation
of
an
elder
group
home
by
the
department
pursuant
33
to
this
chapter
,
including
the
conclusion
of
informal
review,
34
the
department’s
final
findings
with
respect
to
compliance
by
35
-7-
LSB
5304XD
(4)
85
ad/nh
7/
14
S.F.
_____
H.F.
_____
the
elder
group
home
with
requirements
for
certification
shall
1
be
made
available
to
the
public
in
a
readily
available
form
2
and
place.
Other
information
relating
to
an
elder
group
home
3
that
is
obtained
by
the
department
which
does
not
constitute
4
the
department’s
final
findings
from
a
monitoring
evaluation
or
5
complaint
investigation
of
the
elder
group
home
shall
not
be
6
made
available
to
the
public
except
in
proceedings
involving
7
the
denial,
suspension,
or
revocation
of
a
certificate
under
8
this
chapter
.
9
Sec.
18.
NEW
SECTION
.
231B.9A
Informal
conference
——
formal
10
contest
——
judicial
review.
11
1.
Within
twenty
business
days
after
issuance
of
the
final
12
findings,
the
elder
group
home
shall
notify
the
director
if
the
13
home
desires
to
contest
the
findings
and
request
an
informal
14
conference.
15
2.
The
department
shall
provide
an
independent
reviewer
to
16
hold
an
informal
conference
with
an
elder
group
home
within
17
ten
working
days
after
receiving
a
request
from
the
home
18
pursuant
to
subsection
1.
At
the
conclusion
of
the
informal
19
conference,
the
independent
reviewer
may
affirm,
modify,
or
20
dismiss
a
contested
regulatory
insufficiency.
The
independent
21
reviewer
shall
state
in
writing
the
specific
reasons
for
22
the
affirmation,
modification,
or
dismissal
and
immediately
23
transmit
copies
of
the
statement
to
the
department
and
to
the
24
home.
25
3.
An
independent
reviewer
shall
be
licensed
as
an
attorney
26
in
the
state
of
Iowa
and
shall
not
be
employed
or
have
been
27
employed
by
the
department
in
the
past
eight
years
or
have
28
appeared
in
front
of
the
department
on
behalf
of
an
elder
group
29
home
in
the
past
eight
years.
Preference
shall
be
given
to
an
30
attorney
with
background
knowledge,
experience,
or
training
31
in
long-term
care.
The
department
may
issue
a
request
for
32
proposals
to
enter
into
a
contract
for
the
purpose
of
providing
33
one
or
more
independent
reviewers
for
informal
conferences.
34
4.
An
elder
group
home
that
desires
to
further
contest
an
35
-8-
LSB
5304XD
(4)
85
ad/nh
8/
14
S.F.
_____
H.F.
_____
affirmed
or
modified
regulatory
insufficiency
may
do
so
in
the
1
manner
provided
by
chapter
17A
for
contested
cases.
The
home
2
shall
give
notice
of
intent
to
formally
contest
a
regulatory
3
insufficiency,
in
writing,
to
the
department
within
five
days
4
after
receipt
of
the
written
decision
of
the
independent
5
reviewer.
The
formal
hearing
shall
be
conducted
in
accordance
6
with
chapter
17A
and
rules
adopted
by
the
department.
7
5.
An
elder
group
home
that
has
exhausted
all
adequate
8
administrative
remedies
and
is
aggrieved
by
the
final
action
of
9
the
department
may
petition
for
judicial
review
in
the
manner
10
provided
by
chapter
17A.
11
Sec.
19.
Section
231B.10,
subsection
1,
Code
2014,
is
12
amended
by
adding
the
following
new
paragraphs:
13
NEW
PARAGRAPH
.
0i.
In
the
case
of
an
application
by
an
14
existing
certificate
holder
for
a
new
or
newly
acquired
elder
15
group
home,
continuing
or
repeated
failure
of
the
certificate
16
holder
to
operate
any
previously
certified
elder
group
home
17
or
homes
in
compliance
with
the
provisions
of
this
chapter,
18
the
rules
adopted
pursuant
to
this
chapter,
or
equivalent
19
provisions
that
the
elder
group
home
is
subject
to
in
this
20
state
or
any
other
state.
21
NEW
PARAGRAPH
.
00i.
Impeding
the
department’s
ability
to
22
ensure
the
home’s
compliance
with
this
chapter
or
with
the
23
rules
adopted
pursuant
to
this
chapter.
24
Sec.
20.
Section
231C.10,
subsection
1,
Code
2014,
is
25
amended
by
adding
the
following
new
paragraphs:
26
NEW
PARAGRAPH
.
0i.
In
the
case
of
an
application
by
27
an
existing
certificate
holder
for
a
new
or
newly
acquired
28
assisted
living
program,
continuing
or
repeated
failure
of
the
29
certificate
holder
to
operate
any
previously
certified
assisted
30
living
program
or
programs
in
compliance
with
the
provisions
31
of
this
chapter,
the
rules
adopted
pursuant
to
this
chapter,
32
or
equivalent
provisions
that
the
assisted
living
program
is
33
subject
to
in
this
state
or
any
other
state.
34
NEW
PARAGRAPH
.
00i.
Impeding
the
department’s
ability
to
35
-9-
LSB
5304XD
(4)
85
ad/nh
9/
14
S.F.
_____
H.F.
_____
ensure
the
program’s
compliance
with
this
chapter
or
with
the
1
rules
adopted
pursuant
to
this
chapter.
2
Sec.
21.
Section
231D.5,
subsection
1,
Code
2014,
is
amended
3
by
adding
the
following
new
paragraphs:
4
NEW
PARAGRAPH
.
0k.
In
the
case
of
an
application
by
5
an
existing
certificate
holder
for
a
new
or
newly
acquired
6
adult
day
services
program,
continuing
or
repeated
failure
of
7
the
certificate
holder
to
operate
any
previously
certified
8
adult
day
services
program
or
programs
in
compliance
with
the
9
provisions
of
this
chapter,
the
rules
adopted
pursuant
to
this
10
chapter,
or
equivalent
provisions
that
the
adult
day
services
11
program
is
subject
to
in
this
state
or
any
other
state.
12
NEW
PARAGRAPH
.
00k.
Impeding
the
department’s
ability
to
13
ensure
the
program’s
compliance
with
this
chapter
or
with
the
14
rules
adopted
pursuant
to
this
chapter.
15
Sec.
22.
Section
231D.9A,
Code
2014,
is
amended
by
striking
16
the
section
and
inserting
in
lieu
thereof
the
following:
17
231D.9A
Exit
interview
——
issuance
of
findings.
18
1.
The
department
shall
provide
an
adult
day
services
19
program
an
exit
interview
at
the
conclusion
of
a
monitoring
20
evaluation
or
a
complaint
investigation,
and
the
department
21
shall
inform
the
program’s
representative
of
all
issues
and
22
areas
of
concern
related
to
the
insufficient
practices.
The
23
department
may
conduct
the
exit
interview
in
person
or
by
24
telephone,
and
the
department
shall
provide
a
second
exit
25
interview
if
any
additional
issues
or
areas
of
concern
are
26
identified.
The
program
shall
have
two
working
days
from
the
27
date
of
the
exit
interview
to
submit
additional
or
rebuttal
28
information
to
the
department.
29
2.
The
department
shall
issue
the
final
findings
of
a
30
monitoring
evaluation
or
complaint
investigation
within
31
ten
working
days
after
completion
of
the
on-site
monitoring
32
evaluation
or
complaint
investigation.
The
final
findings
33
shall
be
served
upon
the
program
personally,
by
electronic
34
mail,
or
by
certified
mail.
35
-10-
LSB
5304XD
(4)
85
ad/nh
10/
14
S.F.
_____
H.F.
_____
Sec.
23.
Section
231D.10,
Code
2014,
is
amended
to
read
as
1
follows:
2
231D.10
Public
disclosure
of
findings.
3
Upon
completion
of
a
monitoring
evaluation
or
complaint
4
investigation
of
an
adult
day
services
program
by
the
5
department
pursuant
to
this
chapter
,
including
the
conclusion
6
of
informal
review,
the
department’s
final
findings
with
7
respect
to
compliance
by
the
adult
day
services
program
with
8
requirements
for
certification
shall
be
made
available
to
9
the
public
in
a
readily
available
form
and
place.
Other
10
information
relating
to
an
adult
day
services
program
that
11
is
obtained
by
the
department
which
does
not
constitute
the
12
department’s
final
findings
from
a
monitoring
evaluation
or
13
complaint
investigation
of
the
adult
day
services
program
shall
14
not
be
made
available
to
the
public
except
in
proceedings
15
involving
the
denial,
suspension,
or
revocation
of
a
16
certificate
under
this
chapter
.
17
Sec.
24.
NEW
SECTION
.
231D.10A
Informal
conference
——
18
formal
contest
——
judicial
review.
19
1.
Within
twenty
business
days
after
issuance
of
the
final
20
findings,
the
adult
day
services
program
shall
notify
the
21
director
if
the
program
desires
to
contest
the
findings
and
22
request
an
informal
conference.
23
2.
The
department
shall
provide
an
independent
reviewer
24
to
hold
an
informal
conference
with
an
adult
day
services
25
program
within
ten
working
days
after
receiving
a
request
from
26
the
program
pursuant
to
subsection
1.
At
the
conclusion
of
27
the
informal
conference,
the
independent
reviewer
may
affirm,
28
modify,
or
dismiss
a
contested
regulatory
insufficiency.
The
29
independent
reviewer
shall
state
in
writing
the
specific
30
reasons
for
the
affirmation,
modification,
or
dismissal
and
31
immediately
transmit
copies
of
the
statement
to
the
department
32
and
to
the
program.
33
3.
An
independent
reviewer
shall
be
licensed
as
an
attorney
34
in
the
state
of
Iowa
and
shall
not
be
employed
or
have
been
35
-11-
LSB
5304XD
(4)
85
ad/nh
11/
14
S.F.
_____
H.F.
_____
employed
by
the
department
in
the
past
eight
years
or
have
1
appeared
in
front
of
the
department
on
behalf
of
an
adult
day
2
services
program
in
the
past
eight
years.
Preference
shall
be
3
given
to
an
attorney
with
background
knowledge,
experience,
4
or
training
in
long-term
care.
The
department
may
issue
a
5
request
for
proposals
to
enter
into
a
contract
for
the
purpose
6
of
providing
one
or
more
independent
reviewers
for
informal
7
conferences.
8
4.
An
adult
day
services
program
that
desires
to
further
9
contest
an
affirmed
or
modified
regulatory
insufficiency
may
do
10
so
in
the
manner
provided
by
chapter
17A
for
contested
cases.
11
The
program
shall
give
notice
of
intent
to
formally
contest
12
a
regulatory
insufficiency,
in
writing,
to
the
department
13
within
five
days
after
receipt
of
the
written
decision
of
the
14
independent
reviewer.
The
formal
hearing
shall
be
conducted
15
in
accordance
with
chapter
17A
and
rules
adopted
by
the
16
department.
17
5.
An
adult
day
services
program
that
has
exhausted
all
18
adequate
administrative
remedies
and
is
aggrieved
by
the
final
19
action
of
the
department
may
petition
for
judicial
review
in
20
the
manner
provided
by
chapter
17A.
21
Sec.
25.
APPLICABILITY.
22
1.
The
sections
of
this
Act
amending
sections
231B.8
and
23
231B.9
and
adding
section
231B.9A
apply
to
an
elder
group
home
24
desiring
to
request
an
informal
conference
under
chapter
231B
25
on
or
after
January
1,
2015.
26
2.
The
sections
of
this
Act
amending
sections
231D.9A
and
27
231D.10
and
adding
section
231D.10A
apply
to
an
adult
day
28
services
program
desiring
to
request
an
informal
conference
29
under
chapter
231D
on
or
after
January
1,
2015.
30
EXPLANATION
31
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
32
the
explanation’s
substance
by
the
members
of
the
general
assembly.
33
This
bill
makes
changes
to
employment
background
checks,
34
disciplinary
procedures,
and
procedures
for
contesting
35
-12-
LSB
5304XD
(4)
85
ad/nh
12/
14
S.F.
_____
H.F.
_____
regulatory
insufficiencies
for
certain
entities
regulated
by
1
the
department
of
inspections
and
appeals
(DIA).
2
The
bill
changes
the
crimes
for
which
a
hospital
can
3
temporarily
employ
a
person
who
committed
the
crime
pending
4
completion
of
a
department
of
human
services
evaluation
5
to
determine
whether
the
crime
warrants
prohibition
of
6
employment
at
the
hospital
or
health
care
facility.
The
bill
7
disallows
such
continued
employment
for
simple
misdemeanors
8
under
the
motor
vehicles
and
law
of
the
road
chapter.
The
9
bill
eliminates
duplicative
language
regarding
crimes
for
10
which
a
health
care
facility
can
temporarily
employ
a
person
11
who
committed
a
crime
and
crimes
for
which
a
student
can
12
temporarily
continue
with
a
clinical
education
component.
13
The
bill
provides
that
the
DIA
has
the
authority
to
deny,
14
suspend,
or
revoke
the
license
of
a
health
care
facility,
elder
15
group
home,
assisted
living
program,
or
adult
day
services
16
program
for
the
failure
to
comply
with
any
provisions
that
the
17
entity
is
subject
to
that
are
equivalent
to
those
provisions
in
18
Code
chapter
135C,
231B,
231C,
or
231D,
respectively,
and
for
19
impeding
the
DIA’s
ability
to
ensure
the
facility
complies
with
20
applicable
provisions.
21
The
bill
replaces
references
to
a
certified
volunteer
22
long-term
care
ombudsman
with
a
representative
of
the
office
23
of
long-term
care
ombudsman
in
certain
circumstances
including
24
inspecting
a
facility
upon
a
complaint
of
alleged
violations.
25
The
bill
also
replaces
certain
references
to
inspectors
and
26
investigators
for
inspections
of
health
care
facilities
with
27
references
to
authorized
representatives
of
DIA,
the
department
28
of
human
services,
or
the
office
of
long-term
care
ombudsman,
29
as
applicable.
The
bill
also
provides
that
the
office
of
30
long-term
care
ombudsman
is
required
to
assist
DIA
in
carrying
31
out
the
provisions
of
the
health
care
facilities
Code
chapter.
32
The
bill
replaces
the
informal
review
process
for
contesting
33
regulatory
insufficiencies
identified
through
monitoring
34
evaluations
or
complaint
investigations
of
elder
group
homes
35
-13-
LSB
5304XD
(4)
85
ad/nh
13/
14
S.F.
_____
H.F.
_____
and
adult
day
services
programs
with
an
exit
interview,
1
informal
conference,
formal
contest,
and
judicial
review
in
a
2
process
similar
to
that
available
for
health
care
facilities
3
and
assisted
living
programs.
The
informal
conference
is
4
conducted
by
an
independent
reviewer
who
may
affirm,
modify,
5
or
dismiss
the
regulatory
insufficiency.
The
reviewer
must
6
provide
specific
written
reasons
for
the
decision
and
transmit
7
copies
of
that
statement
to
DIA
and
the
elder
group
home
or
8
adult
day
services
program.
An
elder
group
home
or
adult
day
9
services
program
that
wants
to
further
contest
the
independent
10
reviewer’s
affirmed
or
modified
regulatory
insufficiency
may
do
11
so
pursuant
to
the
provisions
in
Code
chapter
17A
for
contested
12
cases.
After
exhausting
the
administrative
remedies,
an
elder
13
group
home
or
adult
day
services
program
may
petition
for
14
judicial
review
pursuant
to
Code
chapter
17A.
The
changes
to
15
the
informal
review
process
apply
to
elder
group
homes
and
16
adult
day
services
programs
wishing
to
request
an
informal
17
conference
on
or
after
January
1,
2015.
18
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