Bill Text: IA SF2167 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A 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. (Formerly SSB 3011.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2014-03-17 - Withdrawn. S.J. 566. [SF2167 Detail]
Download: Iowa-2013-SF2167-Introduced.html
Senate
File
2167
-
Introduced
SENATE
FILE
2167
BY
COMMITTEE
ON
HUMAN
RESOURCES
(SUCCESSOR
TO
SSB
3011)
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
135B.34,
subsection
5,
paragraphs
a
and
b,
7
Code
2014,
are
amended
to
read
as
follows:
8
a.
If
a
person
employed
by
a
hospital
that
is
subject
9
to
this
section
is
convicted
of
a
crime
or
has
a
record
of
10
founded
child
or
dependent
adult
abuse
entered
in
the
abuse
11
registry
after
the
person’s
employment
application
date,
the
12
person
shall
inform
the
hospital
of
such
information
within
13
forty-eight
hours
of
the
criminal
conviction
or
entry
of
the
14
record
of
founded
child
or
dependent
adult
abuse.
The
hospital
15
shall
act
to
verify
the
information
within
forty-eight
hours
16
seven
calendar
days
of
notification.
If
the
information
17
is
verified,
the
requirements
of
subsections
2,
3,
and
4
18
regarding
employability
and
evaluations
shall
be
applied
by
the
19
hospital
to
determine
whether
or
not
the
person’s
employment
20
is
continued.
The
hospital
may
continue
to
employ
the
person
21
pending
the
performance
of
an
evaluation
by
the
department
of
22
human
services
to
determine
whether
prohibition
of
the
person’s
23
employment
is
warranted.
A
person
who
is
required
by
this
24
subsection
to
inform
the
person’s
employer
of
a
conviction
or
25
entry
of
an
abuse
record
and
fails
to
do
so
within
the
required
26
period
commits
a
serious
misdemeanor.
27
b.
If
a
hospital
receives
credible
information,
as
28
determined
by
the
hospital,
that
a
person
employed
by
the
29
hospital
has
been
convicted
of
a
crime
or
a
record
of
founded
30
child
or
dependent
adult
abuse
has
been
entered
in
the
31
abuse
registry
after
employment
from
a
person
other
than
the
32
employee
and
the
employee
has
not
informed
the
hospital
of
33
such
information
within
the
period
required
under
paragraph
34
“a”
,
the
hospital
shall
act
to
verify
the
credible
information
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within
forty-eight
hours
seven
calendar
days
of
receipt
of
the
1
credible
information.
If
the
information
is
verified,
the
2
requirements
of
subsections
2,
3,
and
4
regarding
employability
3
and
evaluations
shall
be
applied
by
the
hospital
to
determine
4
whether
or
not
the
person’s
employment
is
continued.
5
Sec.
3.
Section
135C.10,
subsection
9,
Code
2014,
is
amended
6
to
read
as
follows:
7
9.
In
the
case
of
an
application
by
an
existing
licensee
8
for
a
new
or
newly
acquired
facility,
continuing
or
repeated
9
failure
of
the
licensee
to
operate
any
previously
licensed
10
facility
or
facilities
in
compliance
with
the
provisions
of
11
this
chapter
or
of
,
the
rules
adopted
pursuant
to
it
this
12
chapter,
or
equivalent
provisions
that
the
facility
is
subject
13
to
in
this
state
or
any
other
state
.
14
Sec.
4.
Section
135C.10,
Code
2014,
is
amended
by
adding
the
15
following
new
subsection:
16
NEW
SUBSECTION
.
11.
Preventing
or
interfering
with
or
17
attempting
to
prevent
or
interfere
with
the
performance
by
any
18
duly
authorized
representative
of
the
department
of
the
lawful
19
enforcement
of
this
chapter
or
of
the
rules
adopted
pursuant
to
20
this
chapter.
As
used
in
this
subsection,
“lawful
enforcement”
21
includes
but
is
not
limited
to
the
following:
22
a.
Contacting
or
interviewing
any
resident
of
a
health
care
23
facility
in
private
at
any
reasonable
hour
and
without
advance
24
notice.
25
b.
Examining
any
relevant
books
or
records
of
a
health
26
care
facility
unless
otherwise
protected
from
disclosure
by
27
operation
of
law.
28
c.
Preserving
evidence
of
any
violation
of
this
chapter
or
29
of
the
rules
adopted
pursuant
to
this
chapter.
30
Sec.
5.
Section
135C.11,
subsection
2,
Code
2014,
is
amended
31
to
read
as
follows:
32
2.
The
procedure
governing
hearings
authorized
by
this
33
section
shall
be
in
accordance
with
the
rules
promulgated
by
34
the
department.
A
full
and
complete
record
shall
be
kept
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of
all
proceedings,
and
all
testimony
shall
be
reported
but
1
need
not
be
transcribed
unless
judicial
review
is
sought
2
pursuant
to
section
135C.13
.
Copies
of
the
transcript
may
be
3
obtained
by
an
interested
party
upon
payment
of
the
cost
of
4
preparing
the
copies.
Witnesses
may
be
subpoenaed
by
either
5
party
and
shall
be
allowed
fees
at
a
rate
prescribed
by
the
6
department’s
rules.
The
director
may,
after
advising
the
7
certified
volunteer
long-term
care
ombudsman
a
representative
8
of
the
office
of
long-term
care
ombudsman
,
either
proceed
in
9
accordance
with
section
135C.30
,
or
remove
all
residents
and
10
suspend
the
license
or
licenses
of
any
health
care
facility,
11
prior
to
a
hearing,
when
the
director
finds
that
the
health
12
or
safety
of
residents
of
the
health
care
facility
requires
13
such
action
on
an
emergency
basis.
The
fact
that
a
certified
14
volunteer
long-term
care
ombudsman
has
not
been
appointed
for
a
15
particular
facility
shall
not
bar
the
director
from
exercising
16
the
emergency
powers
granted
by
this
subsection
with
respect
17
to
that
facility.
18
Sec.
6.
Section
135C.13,
Code
2014,
is
amended
to
read
as
19
follows:
20
135C.13
Judicial
review.
21
Judicial
review
of
any
action
of
the
director
may
be
sought
22
in
accordance
with
the
terms
of
the
Iowa
administrative
23
procedure
Act,
chapter
17A
.
Notwithstanding
the
terms
of
24
chapter
17A
,
petitions
for
judicial
review
may
be
filed
in
the
25
district
court
of
the
county
where
the
facility
or
proposed
26
facility
is
located,
and
pending
final
disposition
of
the
27
matter
the
status
quo
of
the
applicant
or
licensee
shall
be
28
preserved
except
when
the
director,
with
the
advice
and
consent
29
after
advising
a
representative
of
the
certified
volunteer
30
office
of
long-term
care
ombudsman,
determines
that
the
health,
31
safety
,
or
welfare
of
the
residents
of
the
facility
is
in
32
immediate
danger,
in
which
case
the
director
may
order
the
33
immediate
removal
of
such
residents.
The
fact
that
a
certified
34
volunteer
long-term
care
ombudsman
has
not
been
appointed
for
a
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particular
facility
shall
not
bar
the
director
from
exercising
1
the
emergency
powers
granted
by
this
section
with
respect
to
2
that
facility.
3
Sec.
7.
Section
135C.14,
subsection
8,
paragraph
d,
Code
4
2014,
is
amended
to
read
as
follows:
5
d.
The
notification
of
certified
volunteer
the
office
6
of
long-term
care
ombudsmen
ombudsman
by
the
department
of
7
all
complaints
relating
to
health
care
facilities
and
the
8
involvement
of
the
certified
volunteer
office
of
long-term
care
9
ombudsmen
ombudsman
in
resolution
of
the
complaints.
10
Sec.
8.
Section
135C.16,
subsection
3,
Code
2014,
is
amended
11
to
read
as
follows:
12
3.
An
inspector
authorized
representative
of
the
department
13
may
enter
any
licensed
health
care
facility
without
a
14
warrant,
and
may
examine
all
records
pertaining
to
the
care
15
provided
residents
of
the
facility.
An
inspector
authorized
16
representative
of
the
department
may
contact
or
interview
17
any
resident,
employee,
or
any
other
person
who
might
have
18
knowledge
about
the
operation
of
a
health
care
facility.
19
An
inspector
authorized
representative
of
the
department
20
of
human
services
shall
have
the
same
right
with
respect
21
to
any
facility
where
one
or
more
residents
are
cared
for
22
entirely
or
partially
at
public
expense,
and
an
investigator
23
authorized
representative
of
the
designated
protection
and
24
advocacy
agency
shall
have
the
same
right
with
respect
to
25
any
facility
where
one
or
more
residents
have
developmental
26
disabilities
or
mental
illnesses,
and
the
state
fire
marshal
27
or
a
deputy
appointed
pursuant
to
section
135C.9,
subsection
28
1
,
paragraph
“b”
,
shall
have
the
same
right
of
entry
into
any
29
facility
and
the
right
to
inspect
any
records
pertinent
to
30
fire
safety
practices
and
conditions
within
that
facility
,
and
31
an
authorized
representative
of
the
office
of
long-term
care
32
ombudsman
shall
have
the
same
right
with
respect
to
any
nursing
33
facility
or
residential
care
facility
.
If
any
such
inspector
34
authorized
representative
has
probable
cause
to
believe
that
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any
institution,
building,
or
agency
not
licensed
as
a
health
1
care
facility
is
in
fact
a
health
care
facility
as
defined
2
by
this
chapter
,
and
upon
producing
identification
that
the
3
individual
is
an
inspector
authorized
representative
is
denied
4
entry
thereto
for
the
purpose
of
making
an
inspection,
the
5
inspector
authorized
representative
may,
with
the
assistance
6
of
the
county
attorney
of
the
county
in
which
the
purported
7
health
care
facility
is
located,
apply
to
the
district
court
8
for
an
order
requiring
the
owner
or
occupant
to
permit
entry
9
and
inspection
of
the
premises
to
determine
whether
there
have
10
been
any
violations
of
this
chapter
.
11
Sec.
9.
Section
135C.17,
Code
2014,
is
amended
to
read
as
12
follows:
13
135C.17
Duties
of
other
departments.
14
It
shall
be
the
duty
of
the
department
of
human
services,
15
state
fire
marshal,
office
of
long-term
care
ombudsman,
and
16
the
officers
and
agents
of
other
state
and
local
governmental
17
units,
and
the
designated
protection
and
advocacy
agency
to
18
assist
the
department
in
carrying
out
the
provisions
of
this
19
chapter
,
insofar
as
the
functions
of
these
respective
offices
20
and
departments
are
concerned
with
the
health,
welfare,
and
21
safety
of
any
resident
of
any
health
care
facility.
It
shall
22
be
the
duty
of
the
department
to
cooperate
with
the
protection
23
and
advocacy
agency
and
the
office
of
long-term
care
ombudsman
24
by
responding
to
all
reasonable
requests
for
assistance
and
25
information
as
required
by
federal
law
and
this
chapter
.
26
Sec.
10.
Section
135C.19,
subsection
2,
paragraph
b,
Code
27
2014,
is
amended
to
read
as
follows:
28
b.
A
copy
of
each
citation
required
to
be
posted
by
this
29
subsection
shall
be
sent
by
the
department
to
the
department
30
of
human
services
and
,
to
the
designated
protection
and
31
advocacy
agency
if
the
facility
has
one
or
more
residents
32
with
developmental
disabilities
or
mental
illness
,
and
to
the
33
office
of
long-term
care
ombudsman
if
the
facility
is
a
nursing
34
facility
or
residential
care
facility
.
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Sec.
11.
Section
135C.33,
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.
12.
Section
135C.33,
subsection
7,
paragraphs
a
and
b,
7
Code
2014,
are
amended
to
read
as
follows:
8
a.
If
a
person
employed
by
a
facility,
service,
or
program
9
employer
that
is
subject
to
this
section
is
convicted
of
a
10
crime
or
has
a
record
of
founded
child
or
dependent
adult
abuse
11
entered
in
the
abuse
registry
after
the
person’s
employment
12
application
date,
the
person
shall
inform
the
employer
of
such
13
information
within
forty-eight
hours
of
the
criminal
conviction
14
or
entry
of
the
record
of
founded
child
or
dependent
adult
15
abuse.
The
employer
shall
act
to
verify
the
information
within
16
forty-eight
hours
seven
calendar
days
of
notification.
If
the
17
information
is
verified,
the
requirements
of
subsections
2,
3,
18
and
4
regarding
employability
and
evaluations
shall
be
applied
19
by
the
employer
to
determine
whether
or
not
the
person’s
20
employment
is
continued.
The
employer
may
continue
to
employ
21
the
person
pending
the
performance
of
an
evaluation
by
the
22
department
of
human
services
to
determine
whether
prohibition
23
of
the
person’s
employment
is
warranted.
A
person
who
is
24
required
by
this
subsection
to
inform
the
person’s
employer
of
25
a
conviction
or
entry
of
an
abuse
record
and
fails
to
do
so
26
within
the
required
period
commits
a
serious
misdemeanor.
27
b.
If
a
facility,
service,
or
program
employer
receives
28
credible
information,
as
determined
by
the
employer,
that
a
29
person
employed
by
the
employer
has
been
convicted
of
a
crime
30
or
a
record
of
founded
child
or
dependent
adult
abuse
has
been
31
entered
in
the
abuse
registry
after
employment
from
a
person
32
other
than
the
employee
and
the
employee
has
not
informed
the
33
employer
of
such
information
within
the
period
required
under
34
paragraph
“a”
,
the
employer
shall
act
to
verify
the
credible
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information
within
forty-eight
hours
seven
calendar
days
of
1
receipt
of
the
credible
information.
If
the
information
is
2
verified,
the
requirements
of
subsections
2,
3,
and
4
regarding
3
employability
and
evaluations
shall
be
applied
to
determine
4
whether
or
not
the
person’s
employment
is
continued.
5
Sec.
13.
Section
135C.33,
subsection
8,
paragraph
d,
6
subparagraph
(2),
Code
2014,
is
amended
to
read
as
follows:
7
(2)
Subparagraph
(1)
applies
to
a
crime
that
is
a
simple
8
misdemeanor
offense
under
section
123.47
or
chapter
321
,
and
9
to
a
crime
that
is
a
first
offense
of
operating
a
motor
vehicle
10
while
intoxicated
under
section
321J.2,
subsection
1
.
11
Sec.
14.
Section
135C.33,
subsection
8,
paragraph
e,
12
subparagraphs
(1)
and
(2),
Code
2014,
are
amended
to
read
as
13
follows:
14
(1)
If
a
student
is
convicted
of
a
crime
or
has
a
record
15
of
founded
child
or
dependent
adult
abuse
entered
in
the
abuse
16
registry
after
the
record
checks
and
any
evaluation
have
17
been
performed,
the
student
shall
inform
the
certified
nurse
18
aide
training
program
of
such
information
within
forty-eight
19
hours
of
the
criminal
conviction
or
entry
of
the
record
of
20
founded
child
or
dependent
adult
abuse.
The
program
shall
21
act
to
verify
the
information
within
forty-eight
hours
seven
22
calendar
days
of
notification.
If
the
information
is
verified,
23
the
requirements
of
paragraph
“c”
shall
be
applied
by
the
24
program
to
determine
whether
or
not
the
student’s
involvement
25
in
a
clinical
education
component
may
continue.
The
program
26
may
allow
the
student
involvement
to
continue
pending
the
27
performance
of
an
evaluation
by
the
department
of
human
28
services.
A
student
who
is
required
by
this
subparagraph
to
29
inform
the
program
of
a
conviction
or
entry
of
an
abuse
record
30
and
fails
to
do
so
within
the
required
period
commits
a
serious
31
misdemeanor.
32
(2)
If
a
program
receives
credible
information,
as
33
determined
by
the
program,
that
a
student
has
been
convicted
34
of
a
crime
or
a
record
of
founded
child
or
dependent
adult
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abuse
has
been
entered
in
the
abuse
registry
after
the
record
1
checks
and
any
evaluation
have
been
performed,
from
a
person
2
other
than
the
student
and
the
student
has
not
informed
the
3
program
of
such
information
within
the
period
required
under
4
subparagraph
(1),
the
program
shall
act
to
verify
the
credible
5
information
within
forty-eight
hours
seven
calendar
days
of
6
receipt
of
the
credible
information.
If
the
information
is
7
verified,
the
requirements
of
paragraph
“c”
shall
be
applied
8
to
determine
whether
or
not
the
student’s
involvement
in
a
9
clinical
education
component
may
continue.
10
Sec.
15.
Section
135C.38,
subsection
1,
paragraphs
a
and
c,
11
Code
2014,
are
amended
to
read
as
follows:
12
a.
Upon
receipt
of
a
complaint
made
in
accordance
with
13
section
135C.37
,
the
department
or
certified
volunteer
14
long-term
care
ombudsman
shall
make
a
preliminary
review
of
15
the
complaint.
Unless
the
department
or
certified
volunteer
16
long-term
care
ombudsman
concludes
that
the
complaint
is
17
intended
to
harass
a
facility
or
a
licensee
or
is
without
18
reasonable
basis,
the
department
or
certified
volunteer
19
long-term
care
ombudsman
shall
make
or
cause
to
be
made
an
20
on-site
inspection
of
the
health
care
facility
which
is
the
21
subject
of
the
complaint
within
the
time
period
determined
22
pursuant
to
the
following
guidelines,
which
period
shall
23
commence
on
the
date
of
receipt
of
the
complaint:
24
(1)
For
nursing
facilities,
an
on-site
inspection
shall
be
25
initiated
as
follows:
26
(a)
Within
two
working
days
for
a
complaint
determined
by
27
the
department
or
certified
volunteer
long-term
care
ombudsman
28
to
be
an
alleged
immediate
jeopardy
situation.
29
(b)
Within
ten
working
days
for
a
complaint
determined
by
30
the
department
or
certified
volunteer
long-term
care
ombudsman
31
to
be
an
alleged
high-level,
nonimmediate
jeopardy
situation.
32
(c)
Within
forty-five
calendar
days
for
a
complaint
33
determined
by
the
department
or
certified
volunteer
long-term
34
care
ombudsman
to
be
an
alleged
nonimmediate
jeopardy
35
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situation,
other
than
a
high-level
situation.
1
(2)
For
all
other
types
of
health
care
facilities,
an
2
on-site
inspection
shall
be
initiated
as
follows:
3
(a)
Within
two
working
days
for
a
complaint
determined
by
4
the
department
or
certified
volunteer
long-term
care
ombudsman
5
to
be
an
alleged
immediate
jeopardy
situation.
6
(b)
Within
twenty
working
days
for
a
complaint
determined
by
7
the
department
or
certified
volunteer
long-term
care
ombudsman
8
to
be
an
alleged
high-level,
nonimmediate
jeopardy
situation.
9
(c)
Within
forty-five
calendar
days
for
a
complaint
10
determined
by
the
department
or
certified
volunteer
long-term
11
care
ombudsman
to
be
an
alleged
nonimmediate
jeopardy
12
situation,
other
than
a
high-level
situation.
13
c.
The
department
may
refer
to
the
certified
volunteer
a
14
representative
of
the
office
of
long-term
care
ombudsman
of
a
15
facility
any
complaint
received
by
the
department
regarding
16
that
a
facility,
for
initial
evaluation
and
appropriate
action
17
by
the
certified
volunteer
office
of
long-term
care
ombudsman.
18
Sec.
16.
Section
135C.38,
subsection
2,
paragraph
a,
Code
19
2014,
is
amended
to
read
as
follows:
20
a.
The
complainant
shall
be
promptly
informed
of
the
result
21
of
any
action
taken
by
the
department
or
certified
volunteer
22
the
office
of
long-term
care
ombudsman
in
the
matter.
The
23
complainant
shall
also
be
notified
of
the
name,
address,
and
24
telephone
number
of
the
designated
protection
and
advocacy
25
agency
if
the
alleged
violation
involves
a
facility
with
one
26
or
more
residents
with
developmental
disabilities
or
mental
27
illness.
28
Sec.
17.
Section
135C.38,
subsection
3,
Code
2014,
is
29
amended
to
read
as
follows:
30
3.
An
inspection
made
pursuant
to
a
complaint
filed
under
31
section
135C.37
need
not
be
limited
to
the
matter
or
matters
32
included
in
the
complaint.
However,
the
inspection
shall
33
not
be
a
general
inspection
unless
the
complaint
inspection
34
coincides
with
a
scheduled
general
inspection
or
unless
in
the
35
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course
of
the
complaint
investigation
a
violation
is
evident
to
1
the
inspector.
Upon
arrival
at
the
facility
to
be
inspected,
2
the
inspector
shall
show
identification
to
the
person
in
3
charge
of
the
facility
and
state
that
an
inspection
is
to
be
4
made,
before
beginning
the
inspection.
Upon
request
of
either
5
the
complainant
or
the
department
or
certified
volunteer
a
6
representative
of
the
office
of
long-term
care
ombudsman,
the
7
complainant
or
the
complainant’s
representative
or
both
may
8
be
allowed
the
privilege
of
accompanying
the
inspector
during
9
any
on-site
inspection
made
pursuant
to
this
section
.
The
10
inspector
may
cancel
the
privilege
at
any
time
if
the
inspector
11
determines
that
the
privacy
of
any
resident
of
the
facility
to
12
be
inspected
would
otherwise
be
violated.
The
protection
and
13
dignity
of
the
resident
shall
be
given
first
priority
by
the
14
inspector
and
others.
15
Sec.
18.
Section
135C.38,
subsection
4,
Code
2014,
is
16
amended
by
striking
the
subsection.
17
Sec.
19.
Section
231B.8,
Code
2014,
is
amended
by
striking
18
the
section
and
inserting
in
lieu
thereof
the
following:
19
231B.8
Exit
interview
——
issuance
of
findings.
20
1.
The
department
shall
provide
an
elder
group
home
an
21
exit
interview
at
the
conclusion
of
a
monitoring
evaluation
22
or
complaint
investigation,
and
the
department
shall
inform
23
the
home’s
representative
of
all
issues
and
areas
of
concern
24
related
to
the
insufficient
practices.
The
department
may
25
conduct
the
exit
interview
in
person
or
by
telephone,
and
26
the
department
shall
provide
a
second
exit
interview
if
any
27
additional
issues
or
areas
of
concern
are
identified.
The
home
28
shall
have
two
working
days
from
the
date
of
the
exit
interview
29
to
submit
additional
or
rebuttal
information
to
the
department.
30
2.
The
department
shall
issue
the
final
findings
of
a
31
monitoring
evaluation
or
complaint
investigation
within
32
ten
working
days
after
completion
of
the
on-site
monitoring
33
evaluation
or
complaint
investigation.
The
final
findings
34
shall
be
served
upon
the
home
personally,
by
electronic
mail,
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or
by
certified
mail.
1
Sec.
20.
Section
231B.9,
Code
2014,
is
amended
to
read
as
2
follows:
3
231B.9
Public
disclosure
of
findings.
4
Upon
completion
of
a
monitoring
evaluation
or
complaint
5
investigation
of
an
elder
group
home
by
the
department
pursuant
6
to
this
chapter
,
including
the
conclusion
of
informal
review,
7
the
department’s
final
findings
with
respect
to
compliance
by
8
the
elder
group
home
with
requirements
for
certification
shall
9
be
made
available
to
the
public
in
a
readily
available
form
10
and
place.
Other
information
relating
to
an
elder
group
home
11
that
is
obtained
by
the
department
which
does
not
constitute
12
the
department’s
final
findings
from
a
monitoring
evaluation
or
13
complaint
investigation
of
the
elder
group
home
shall
not
be
14
made
available
to
the
public
except
in
proceedings
involving
15
the
denial,
suspension,
or
revocation
of
a
certificate
under
16
this
chapter
.
17
Sec.
21.
NEW
SECTION
.
231B.9A
Informal
conference
——
formal
18
contest
——
judicial
review.
19
1.
Within
twenty
business
days
after
issuance
of
the
final
20
findings,
the
elder
group
home
shall
notify
the
director
if
the
21
home
desires
to
contest
the
findings
and
request
an
informal
22
conference.
23
2.
The
department
shall
provide
an
independent
reviewer
to
24
hold
an
informal
conference
with
an
elder
group
home
within
25
ten
working
days
after
receiving
a
request
from
the
home
26
pursuant
to
subsection
1.
At
the
conclusion
of
the
informal
27
conference,
the
independent
reviewer
may
affirm,
modify,
or
28
dismiss
a
contested
regulatory
insufficiency.
The
independent
29
reviewer
shall
state
in
writing
the
specific
reasons
for
30
the
affirmation,
modification,
or
dismissal
and
immediately
31
transmit
copies
of
the
statement
to
the
department
and
to
the
32
home.
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
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employed
by
the
department
in
the
past
eight
years
or
have
1
appeared
in
front
of
the
department
on
behalf
of
an
elder
group
2
home
in
the
past
eight
years.
Preference
shall
be
given
to
an
3
attorney
with
background
knowledge,
experience,
or
training
4
in
long-term
care.
The
department
may
issue
a
request
for
5
proposals
to
enter
into
a
contract
for
the
purpose
of
providing
6
one
or
more
independent
reviewers
for
informal
conferences.
7
4.
An
elder
group
home
that
desires
to
further
contest
an
8
affirmed
or
modified
regulatory
insufficiency
may
do
so
in
the
9
manner
provided
by
chapter
17A
for
contested
cases.
The
home
10
shall
give
notice
of
intent
to
formally
contest
a
regulatory
11
insufficiency,
in
writing,
to
the
department
within
five
days
12
after
receipt
of
the
written
decision
of
the
independent
13
reviewer.
The
formal
hearing
shall
be
conducted
in
accordance
14
with
chapter
17A
and
rules
adopted
by
the
department.
15
5.
An
elder
group
home
that
has
exhausted
all
adequate
16
administrative
remedies
and
is
aggrieved
by
the
final
action
of
17
the
department
may
petition
for
judicial
review
in
the
manner
18
provided
by
chapter
17A.
19
Sec.
22.
Section
231B.10,
subsection
1,
Code
2014,
is
20
amended
by
adding
the
following
new
paragraphs:
21
NEW
PARAGRAPH
.
0i.
In
the
case
of
an
application
by
an
22
existing
certificate
holder
for
a
new
or
newly
acquired
elder
23
group
home,
continuing
or
repeated
failure
of
the
certificate
24
holder
to
operate
any
previously
certified
elder
group
home
25
or
homes
in
compliance
with
the
provisions
of
this
chapter,
26
the
rules
adopted
pursuant
to
this
chapter,
or
equivalent
27
provisions
that
the
elder
group
home
is
subject
to
in
this
28
state
or
any
other
state.
29
NEW
PARAGRAPH
.
00i.
Preventing
or
interfering
with
or
30
attempting
to
prevent
or
interfere
with
the
performance
by
any
31
duly
authorized
representative
of
the
department
of
the
lawful
32
enforcement
of
this
chapter
or
of
the
rules
adopted
pursuant
to
33
this
chapter.
As
used
in
this
paragraph,
“lawful
enforcement”
34
includes
but
is
not
limited
to
the
following:
35
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(1)
Contacting
or
interviewing
any
tenant
of
an
elder
group
1
home
in
private
at
any
reasonable
hour
and
without
advance
2
notice.
3
(2)
Examining
any
relevant
books
or
records
of
an
elder
4
group
home
unless
otherwise
protected
from
disclosure
by
5
operation
of
law.
6
(3)
Preserving
evidence
of
any
violation
of
this
chapter
or
7
of
the
rules
adopted
pursuant
to
this
chapter.
8
Sec.
23.
Section
231C.10,
subsection
1,
Code
2014,
is
9
amended
by
adding
the
following
new
paragraphs:
10
NEW
PARAGRAPH
.
0i.
In
the
case
of
an
application
by
11
an
existing
certificate
holder
for
a
new
or
newly
acquired
12
assisted
living
program,
continuing
or
repeated
failure
of
the
13
certificate
holder
to
operate
any
previously
certified
assisted
14
living
program
or
programs
in
compliance
with
the
provisions
15
of
this
chapter,
the
rules
adopted
pursuant
to
this
chapter,
16
or
equivalent
provisions
that
the
assisted
living
program
is
17
subject
to
in
this
state
or
any
other
state.
18
NEW
PARAGRAPH
.
00i.
Preventing
or
interfering
with
or
19
attempting
to
prevent
or
interfere
with
the
performance
by
any
20
duly
authorized
representative
of
the
department
of
the
lawful
21
enforcement
of
this
chapter
or
of
the
rules
adopted
pursuant
to
22
this
chapter.
As
used
in
this
paragraph,
“lawful
enforcement”
23
includes
but
is
not
limited
to
the
following:
24
(1)
Contacting
or
interviewing
any
tenant
of
an
assisted
25
living
program
in
private
at
any
reasonable
hour
and
without
26
advance
notice.
27
(2)
Examining
any
relevant
books
or
records
of
an
assisted
28
living
program
unless
otherwise
protected
from
disclosure
by
29
operation
of
law.
30
(3)
Preserving
evidence
of
any
violation
of
this
chapter
or
31
of
the
rules
adopted
pursuant
to
this
chapter.
32
Sec.
24.
Section
231D.5,
subsection
1,
Code
2014,
is
amended
33
by
adding
the
following
new
paragraphs:
34
NEW
PARAGRAPH
.
0k.
In
the
case
of
an
application
by
35
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an
existing
certificate
holder
for
a
new
or
newly
acquired
1
adult
day
services
program,
continuing
or
repeated
failure
of
2
the
certificate
holder
to
operate
any
previously
certified
3
adult
day
services
program
or
programs
in
compliance
with
the
4
provisions
of
this
chapter,
the
rules
adopted
pursuant
to
this
5
chapter,
or
equivalent
provisions
that
the
adult
day
services
6
program
is
subject
to
in
this
state
or
any
other
state.
7
NEW
PARAGRAPH
.
00k.
Preventing
or
interfering
with
or
8
attempting
to
prevent
or
interfere
with
the
performance
by
any
9
duly
authorized
representative
of
the
department
of
the
lawful
10
enforcement
of
this
chapter
or
of
the
rules
adopted
pursuant
to
11
this
chapter.
As
used
in
this
paragraph,
“lawful
enforcement”
12
includes
but
is
not
limited
to
the
following:
13
(1)
Contacting
or
interviewing
any
participant
of
an
adult
14
day
services
program
in
private
at
any
reasonable
hour
and
15
without
advance
notice.
16
(2)
Examining
any
relevant
books
or
records
of
an
adult
day
17
services
program
unless
otherwise
protected
from
disclosure
by
18
operation
of
law.
19
(3)
Preserving
evidence
of
any
violation
of
this
chapter
or
20
of
the
rules
adopted
pursuant
to
this
chapter.
21
Sec.
25.
Section
231D.9A,
Code
2014,
is
amended
by
striking
22
the
section
and
inserting
in
lieu
thereof
the
following:
23
231D.9A
Exit
interview
——
issuance
of
findings.
24
1.
The
department
shall
provide
an
adult
day
services
25
program
an
exit
interview
at
the
conclusion
of
a
monitoring
26
evaluation
or
a
complaint
investigation,
and
the
department
27
shall
inform
the
program’s
representative
of
all
issues
and
28
areas
of
concern
related
to
the
insufficient
practices.
The
29
department
may
conduct
the
exit
interview
in
person
or
by
30
telephone,
and
the
department
shall
provide
a
second
exit
31
interview
if
any
additional
issues
or
areas
of
concern
are
32
identified.
The
program
shall
have
two
working
days
from
the
33
date
of
the
exit
interview
to
submit
additional
or
rebuttal
34
information
to
the
department.
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2.
The
department
shall
issue
the
final
findings
of
a
1
monitoring
evaluation
or
complaint
investigation
within
2
ten
working
days
after
completion
of
the
on-site
monitoring
3
evaluation
or
complaint
investigation.
The
final
findings
4
shall
be
served
upon
the
program
personally,
by
electronic
5
mail,
or
by
certified
mail.
6
Sec.
26.
Section
231D.10,
Code
2014,
is
amended
to
read
as
7
follows:
8
231D.10
Public
disclosure
of
findings.
9
Upon
completion
of
a
monitoring
evaluation
or
complaint
10
investigation
of
an
adult
day
services
program
by
the
11
department
pursuant
to
this
chapter
,
including
the
conclusion
12
of
informal
review,
the
department’s
final
findings
with
13
respect
to
compliance
by
the
adult
day
services
program
with
14
requirements
for
certification
shall
be
made
available
to
15
the
public
in
a
readily
available
form
and
place.
Other
16
information
relating
to
an
adult
day
services
program
that
17
is
obtained
by
the
department
which
does
not
constitute
the
18
department’s
final
findings
from
a
monitoring
evaluation
or
19
complaint
investigation
of
the
adult
day
services
program
shall
20
not
be
made
available
to
the
public
except
in
proceedings
21
involving
the
denial,
suspension,
or
revocation
of
a
22
certificate
under
this
chapter
.
23
Sec.
27.
NEW
SECTION
.
231D.10A
Informal
conference
——
24
formal
contest
——
judicial
review.
25
1.
Within
twenty
business
days
after
issuance
of
the
final
26
findings,
the
adult
day
services
program
shall
notify
the
27
director
if
the
program
desires
to
contest
the
findings
and
28
request
an
informal
conference.
29
2.
The
department
shall
provide
an
independent
reviewer
30
to
hold
an
informal
conference
with
an
adult
day
services
31
program
within
ten
working
days
after
receiving
a
request
from
32
the
program
pursuant
to
subsection
1.
At
the
conclusion
of
33
the
informal
conference,
the
independent
reviewer
may
affirm,
34
modify,
or
dismiss
a
contested
regulatory
insufficiency.
The
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independent
reviewer
shall
state
in
writing
the
specific
1
reasons
for
the
affirmation,
modification,
or
dismissal
and
2
immediately
transmit
copies
of
the
statement
to
the
department
3
and
to
the
program.
4
3.
An
independent
reviewer
shall
be
licensed
as
an
attorney
5
in
the
state
of
Iowa
and
shall
not
be
employed
or
have
been
6
employed
by
the
department
in
the
past
eight
years
or
have
7
appeared
in
front
of
the
department
on
behalf
of
an
adult
day
8
services
program
in
the
past
eight
years.
Preference
shall
be
9
given
to
an
attorney
with
background
knowledge,
experience,
10
or
training
in
long-term
care.
The
department
may
issue
a
11
request
for
proposals
to
enter
into
a
contract
for
the
purpose
12
of
providing
one
or
more
independent
reviewers
for
informal
13
conferences.
14
4.
An
adult
day
services
program
that
desires
to
further
15
contest
an
affirmed
or
modified
regulatory
insufficiency
may
do
16
so
in
the
manner
provided
by
chapter
17A
for
contested
cases.
17
The
program
shall
give
notice
of
intent
to
formally
contest
18
a
regulatory
insufficiency,
in
writing,
to
the
department
19
within
five
days
after
receipt
of
the
written
decision
of
the
20
independent
reviewer.
The
formal
hearing
shall
be
conducted
21
in
accordance
with
chapter
17A
and
rules
adopted
by
the
22
department.
23
5.
An
adult
day
services
program
that
has
exhausted
all
24
adequate
administrative
remedies
and
is
aggrieved
by
the
final
25
action
of
the
department
may
petition
for
judicial
review
in
26
the
manner
provided
by
chapter
17A.
27
Sec.
28.
APPLICABILITY.
28
1.
The
sections
of
this
Act
amending
sections
231B.8
and
29
231B.9
and
adding
section
231B.9A
apply
to
an
elder
group
home
30
desiring
to
request
an
informal
conference
under
chapter
231B
31
on
or
after
January
1,
2015.
32
2.
The
sections
of
this
Act
amending
sections
231D.9A
and
33
231D.10
and
adding
section
231D.10A
apply
to
an
adult
day
34
services
program
desiring
to
request
an
informal
conference
35
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under
chapter
231D
on
or
after
January
1,
2015.
1
EXPLANATION
2
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
3
the
explanation’s
substance
by
the
members
of
the
general
assembly.
4
This
bill
makes
changes
to
employment
background
checks,
5
disciplinary
procedures,
and
procedures
for
contesting
6
regulatory
insufficiencies
for
certain
entities
regulated
by
7
the
department
of
inspections
and
appeals
(DIA).
8
The
bill
changes
the
crimes
for
which
a
hospital
can
9
temporarily
employ
a
person
who
committed
the
crime
pending
10
completion
of
a
department
of
human
services
evaluation
11
to
determine
whether
the
crime
warrants
prohibition
of
12
employment
at
the
hospital
or
health
care
facility.
The
bill
13
disallows
such
continued
employment
for
simple
misdemeanors
14
under
the
motor
vehicles
and
law
of
the
road
chapter.
The
15
bill
eliminates
duplicative
language
regarding
crimes
for
16
which
a
health
care
facility
can
temporarily
employ
a
person
17
who
committed
a
crime
and
crimes
for
which
a
student
can
18
temporarily
continue
with
a
clinical
education
component.
19
The
bill
also
provides
that
if
a
hospital
or
health
care
20
facility
subject
to
background
checks
for
employees
is
informed
21
after
the
applicant
or
employee’s
application
date
that
the
22
applicant
or
employee
is
convicted
of
a
crime
or
has
a
record
23
of
founded
child
or
dependent
adult
abuse
entered
in
the
abuse
24
registry,
the
hospital
or
health
care
facility
shall
act
25
within
seven
calendar
days
rather
than
48
hours
to
verify
that
26
information.
The
bill
also
amends
the
equivalent
verification
27
time
period
for
students
in
a
certified
nurse
aide
training
28
program
from
48
hours
to
seven
days.
29
The
bill
provides
that
the
DIA
has
the
authority
to
deny,
30
suspend,
or
revoke
the
license
of
a
health
care
facility,
elder
31
group
home,
assisted
living
program,
or
adult
day
services
32
program
for
the
failure
to
comply
with
any
provisions
that
the
33
entity
is
subject
to
that
are
equivalent
to
those
provisions
34
in
Code
chapter
135C,
231B,
231C,
or
231D,
respectively,
and
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for
preventing
or
interfering
with
or
attempting
to
prevent
1
or
interfere
with
the
performance
by
any
duly
authorized
2
representative
of
DIA
or
the
lawful
enforcement
of
the
laws
or
3
rules
of
the
respective
Code
chapters.
4
The
bill
replaces
references
to
a
certified
volunteer
5
long-term
care
ombudsman
with
a
representative
of
the
office
6
of
long-term
care
ombudsman
in
certain
circumstances
including
7
inspecting
a
facility
upon
a
complaint
of
alleged
violations.
8
The
bill
also
replaces
certain
references
to
inspectors
and
9
investigators
for
inspections
of
health
care
facilities
with
10
references
to
authorized
representatives
of
DIA,
the
department
11
of
human
services,
or
the
office
of
long-term
care
ombudsman,
12
as
applicable.
The
bill
also
provides
that
the
office
of
13
long-term
care
ombudsman
is
required
to
assist
DIA
in
carrying
14
out
the
provisions
of
the
health
care
facilities
Code
chapter.
15
The
bill
replaces
the
informal
review
process
for
contesting
16
regulatory
insufficiencies
identified
through
monitoring
17
evaluations
or
complaint
investigations
of
elder
group
homes
18
and
adult
day
services
programs
with
an
exit
interview,
19
informal
conference,
formal
contest,
and
judicial
review
in
a
20
process
similar
to
that
available
for
health
care
facilities
21
and
assisted
living
programs.
The
informal
conference
is
22
conducted
by
an
independent
reviewer
who
may
affirm,
modify,
23
or
dismiss
the
regulatory
insufficiency.
The
reviewer
must
24
provide
specific
written
reasons
for
the
decision
and
transmit
25
copies
of
that
statement
to
DIA
and
the
elder
group
home
or
26
adult
day
services
program.
An
elder
group
home
or
adult
day
27
services
program
that
wants
to
further
contest
the
independent
28
reviewer’s
affirmed
or
modified
regulatory
insufficiency
may
do
29
so
pursuant
to
the
provisions
in
Code
chapter
17A
for
contested
30
cases.
After
exhausting
the
administrative
remedies,
an
elder
31
group
home
or
adult
day
services
program
may
petition
for
32
judicial
review
pursuant
to
Code
chapter
17A.
The
changes
to
33
the
informal
review
process
apply
to
elder
group
homes
and
34
adult
day
services
programs
wishing
to
request
an
informal
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