Read the full stored bill text
House
File
2471
-
Introduced
HOUSE
FILE
2471
BY
GEARHART
A
BILL
FOR
An
Act
relating
to
electronic
monitoring
device
requirements
1
and
health
care
facilities,
including
health
care
facility
2
violations,
and
making
penalties
applicable.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
5254YH
(6)
91
dg/ko
H.F.
2471
DIVISION
I
1
ELECTRONIC
MONITORING
IN
HEALTH
CARE
FACILITIES
2
Section
1.
Section
135C.1,
Code
2026,
is
amended
by
adding
3
the
following
new
subsection:
4
NEW
SUBSECTION
.
6A.
“Electronic
monitoring
device”
means
a
5
device
capable
of
any
combination
of
capturing,
recording,
or
6
transmitting
audio,
visual,
or
audio-visual
information.
7
Sec.
2.
NEW
SECTION
.
135C.35D
Electronic
monitoring
8
devices.
9
1.
For
purposes
of
this
section,
“roommate”
means
a
resident
10
who
resides
in
the
same
room
as
another
resident.
11
2.
Subject
to
subsection
3,
each
facility
shall
permit
a
12
resident,
or
the
resident’s
legal
representative,
to
install
13
and
operate
an
electronic
monitoring
device
in
the
resident’s
14
room.
15
3.
a.
Each
facility
shall
require
a
resident,
or
the
16
resident’s
legal
representative,
to
obtain
written
consent
from
17
each
of
the
resident’s
roommates,
or
each
roommate’s
legal
18
representative,
prior
to
installing
an
electronic
monitoring
19
device
in
the
resident’s
room.
20
b.
If
a
resident
requested
written
consent
under
paragraph
21
“a”
,
and
one
or
more
of
the
resident’s
roommates
or
the
22
roommate’s
legal
representative
refuses
to
provide
written
23
consent,
the
facility
shall,
to
the
extent
practicable,
24
transfer
the
resident
to
a
different
room
that
can
accommodate
25
installation
of
an
electronic
monitoring
device.
26
4.
A
health
care
facility
shall
not
refuse
admission
to,
27
discharge,
or
otherwise
retaliate
against
a
resident
who
elects
28
to
use
an
electronic
monitoring
device.
29
5.
Each
health
care
facility
shall
make
reasonable
physical
30
accommodations
for
the
placement
of
electronic
monitoring
31
devices,
including
but
not
limited
to
access
to
a
power
source.
32
6.
If
an
electronic
monitoring
device
is
being
used
in
33
a
resident’s
room,
the
facility
shall
post
a
notice
at
the
34
entrance
of
the
room
that
states
the
room
is
subject
to
35
-1-
LSB
5254YH
(6)
91
dg/ko
1/
13
H.F.
2471
electronic
monitoring.
1
7.
A
resident,
or
the
resident’s
legal
representative,
2
shall
pay
for
all
costs
associated
with
the
purchase,
3
installation,
maintenance,
and
removal
of
each
electronic
4
monitoring
device
the
resident,
or
the
resident’s
legal
5
representative,
installs
in
the
resident’s
room.
6
DIVISION
II
7
HEALTH
CARE
FACILITY
VIOLATIONS
8
Sec.
3.
Section
135C.10,
Code
2026,
is
amended
to
read
as
9
follows:
10
135C.10
Denial,
suspension,
or
revocation.
11
1.
The
department
shall
have
the
authority
to
deny,
suspend,
12
or
revoke
a
license
in
any
case
where
the
department
finds
that
13
there
has
been
repeated
failure
on
the
part
of
the
facility
14
to
comply
with
the
provisions
of
this
chapter
or
the
rules
or
15
minimum
standards
promulgated
hereunder,
or
for
any
of
the
16
following
reasons:
17
1.
a.
Cruelty
or
indifference
to
health
care
facility
18
residents.
19
2.
b.
Appropriation
or
conversion
of
the
property
of
a
20
health
care
facility
resident
without
the
resident’s
written
21
consent
or
the
written
consent
of
the
resident’s
legal
22
guardian.
23
3.
c.
Permitting,
aiding,
or
abetting
the
commission
of
any
24
illegal
act
in
the
health
care
facility.
25
4.
d.
Inability
or
failure
to
operate
and
conduct
the
26
health
care
facility
in
accordance
with
the
requirements
27
of
this
chapter
and
the
minimum
standards
and
rules
issued
28
pursuant
thereto.
29
5.
e.
Obtaining
or
attempting
to
obtain
or
retain
a
license
30
by
fraudulent
means,
misrepresentation,
or
by
submitting
false
31
information.
32
6.
f.
Habitual
intoxication
or
addiction
to
the
use
of
33
drugs
by
the
applicant
,
or
the
manager
or
supervisor
of
the
34
health
care
facility.
35
-2-
LSB
5254YH
(6)
91
dg/ko
2/
13
H.F.
2471
7.
g.
Securing
the
devise
or
bequest
of
the
property
of
a
1
resident
of
a
health
care
facility
by
undue
influence.
2
8.
h.
Willful
failure
or
neglect
to
maintain
a
continuing
3
in-service
education
and
training
program
for
all
personnel
4
employed
in
the
facility.
5
9.
i.
In
the
case
of
an
application
for
a
new
or
newly
6
acquired
facility,
continuing
or
repeated
failure
of
the
7
licensee
to
operate
any
previously
licensed
facility
or
8
facilities
in
compliance
with
the
provisions
of
this
chapter
,
9
the
rules
adopted
pursuant
to
this
chapter
,
or
equivalent
10
provisions
that
the
facility
is
subject
to
in
this
state
or
any
11
other
state.
12
10.
j.
In
the
case
of
a
license
applicant
or
existing
13
licensee
which
is
an
entity
other
than
an
individual,
the
14
department
may
deny,
suspend,
or
revoke
a
license
if
any
15
individual,
who
is
in
a
position
of
control
or
is
an
officer
of
16
the
entity,
engages
in
any
act
or
omission
proscribed
by
this
17
section
.
18
11.
k.
Intentionally
preventing
or
interfering
with
19
or
attempting
to
prevent
or
interfere
in
any
way
with
the
20
performance
by
any
duly
authorized
representative
of
the
21
department
of
the
lawful
enforcement
of
this
chapter
or
of
22
the
rules
adopted
pursuant
to
this
chapter
.
As
used
in
this
23
subsection
,
“lawful
enforcement”
includes
but
is
not
limited
to
24
the
following:
25
a.
(1)
Contacting
or
interviewing
any
resident
of
a
health
26
care
facility
in
private
at
any
reasonable
hour
and
without
27
advance
notice.
28
b.
(2)
Examining
any
relevant
books
or
records
of
a
health
29
care
facility
unless
otherwise
protected
from
disclosure
by
30
operation
of
law.
31
c.
(3)
Preserving
evidence
of
any
violation
of
this
chapter
32
or
of
the
rules
adopted
pursuant
to
this
chapter
.
33
2.
The
department
shall
either
suspend
or
revoke
a
health
34
care
facility’s
license
if
the
department
finds
the
facility
35
-3-
LSB
5254YH
(6)
91
dg/ko
3/
13
H.F.
2471
has
committed
three
or
more
class
I
violations
under
section
1
135C.36
within
a
period
of
twenty-four
consecutive
months.
2
Sec.
4.
Section
135C.19,
subsection
2,
Code
2026,
is
amended
3
to
read
as
follows:
4
2.
a.
A
citation
for
a
class
I
or
class
II
violation
which
5
is
issued
to
a
health
care
facility
and
which
has
become
final,
6
or
a
copy
of
the
citation,
shall
be
prominently
posted
as
7
prescribed
in
rules,
until
from
the
date
the
department
serves
8
the
citation
on
the
facility
until
twelve
months
from
the
date
9
the
department
confirms
the
violation
is
has
been
corrected
10
to
the
department’s
satisfaction.
The
citation
or
copy
shall
11
be
posted
in
a
place
in
plain
view
of
the
residents
of
the
12
facility
cited,
persons
visiting
the
residents,
and
persons
13
inquiring
about
placement
in
the
facility.
14
b.
A
copy
of
each
citation
required
to
be
posted
by
this
15
subsection
shall
be
sent
by
the
department
to
the
department
16
of
health
and
human
services,
to
the
designated
protection
17
and
advocacy
agency
if
the
facility
has
one
or
more
residents
18
with
developmental
disabilities
or
mental
illness,
and
to
the
19
office
of
long-term
care
ombudsman
if
the
facility
is
a
nursing
20
facility
or
residential
care
facility.
21
c.
A
health
care
facility
shall
provide
a
copy
of
each
22
citation
required
to
be
posted
by
this
subsection
to
each
23
resident
of
the
facility
and
mail
a
copy
of
the
citation
to
24
each
legal
representative
of
a
resident
of
the
facility.
25
Sec.
5.
Section
135C.36,
Code
2026,
is
amended
to
read
as
26
follows:
27
135C.36
Violations
classified
——
penalties.
28
1.
Every
violation
by
a
health
care
facility
of
any
29
provision
of
this
chapter
or
of
the
rules
adopted
pursuant
30
to
it
this
chapter
shall
be
classified
by
the
department
in
31
accordance
with
this
section
.
The
department
shall
adopt
and
32
may
from
time
to
time
modify,
in
accordance
with
chapter
17A
,
33
rules
setting
forth
so
far
as
feasible
the
specific
violations
34
included
in
each
classification
and
stating
criteria
for
the
35
-4-
LSB
5254YH
(6)
91
dg/ko
4/
13
H.F.
2471
classification
of
any
violation
not
so
listed.
1
1.
2.
a.
(1)
A
class
I
violation
is
one
which
presents
2
an
imminent
danger
or
a
substantial
probability
of
resultant
a
3
violation
that
is
substantially
likely
to
cause
a
resident’s
4
death
or
physical
harm
to
the
residents
of
the
facility
in
5
which
the
violation
occurs.
A
physical
condition
or
one
6
or
more
practices
in
a
facility
may
constitute
a
class
I
7
violation
.
Based
on
the
circumstances,
the
department
may
find
8
either
of
the
following
is
a
class
I
violation:
9
(a)
A
violation
of
a
rule
adopted
pursuant
to
section
10
135C.14,
subsection
8.
11
(b)
A
violation
of
section
135C.31.
12
(2)
A
class
I
violation
shall
be
abated
or
eliminated
13
immediately
unless
the
department
determines
that
a
stated
14
period
of
time,
specified
in
the
citation
issued
under
section
15
135C.40
,
is
required
to
correct
the
violation
.
16
(3)
A
licensee
is
subject
to
a
penalty
of
not
less
than
two
17
ten
thousand
nor
dollars
but
not
more
than
ten
fifty
thousand
18
dollars
for
each
calendar
day
a
class
I
violation
for
which
the
19
licensee’s
facility
is
cited
exists
beginning
from
the
date
the
20
department
serves
a
citation
on
the
licensee
for
the
violation
.
21
2.
b.
(1)
A
class
II
violation
is
one
which
a
violation
22
that
has
a
direct
or
immediate
relationship
to
an
impact
on
23
the
health,
safety,
or
security
of
residents
of
a
health
24
care
facility
,
but
which
presents
no
imminent
danger
nor
25
substantial
probability
of
that
is
not
substantially
likely
to
26
cause
a
resident’s
death
or
physical
harm
to
them.
A
physical
27
condition
or
one
or
more
practices
within
a
facility,
including
28
either
physical
abuse
of
any
resident
or
failure
to
treat
any
29
resident
with
consideration,
respect,
and
full
recognition
of
30
the
resident’s
dignity
and
individuality,
in
violation
of
a
31
specific
rule
adopted
by
the
department,
may
constitute
a
class
32
II
violation
.
33
(2)
A
violation
of
a
rule
adopted
pursuant
to
section
34
135C.14,
subsection
8
,
or
section
135C.31
and
rules
or
a
rule
35
-5-
LSB
5254YH
(6)
91
dg/ko
5/
13
H.F.
2471
adopted
under
those
sections
pursuant
to
that
section,
shall
1
be
at
least
a
class
II
violation
and
may
be
if
the
department
2
determines
the
violation
does
not
constitute
a
class
I
3
violation.
4
(3)
A
class
II
violation
shall
be
corrected
within
a
stated
5
period
of
time
determined
by
the
department
and
specified
6
in
the
citation
issued
under
section
135C.40
.
The
stated
7
department
may
modify
the
period
of
time
specified
in
the
8
citation
may
subsequently
be
modified
by
the
department
for
9
good
cause
shown
if
the
facility
subject
to
the
citation
10
provides
evidence
that
it
cannot
correct
the
violation
within
11
the
period
of
time
specified
in
the
citation
through
no
fault
12
of
the
facility’s
own
.
13
(4)
A
licensee
is
subject
to
a
penalty
of
not
less
than
14
one
hundred
nor
five
thousand
dollars
but
not
more
than
five
15
hundred
twenty-five
thousand
dollars
for
each
calendar
day
a
16
class
II
violation
for
which
the
licensee’s
facility
is
cited;
17
however
the
continues
after
the
period
of
time
specified
by
the
18
department
under
subparagraph
(3)
or
the
date
a
modification
19
granted
by
the
department
under
subparagraph
(3)
terminates.
20
(5)
The
director
may,
upon
written
request
of
the
a
21
facility,
waive
the
a
penalty
assessed
on
the
facility
for
a
22
class
II
violation
if
the
violation
is
corrected
within
the
23
time
specified
in
the
citation.
The
department
shall
adopt
24
rules
in
accordance
with
chapter
17A
establishing
criteria
for
25
the
granting
or
denial
of
denying
a
waiver
request
under
this
26
subparagraph
.
27
3.
c.
(1)
A
class
III
violation
is
any
violation
of
this
28
chapter
,
or
of
the
rules
adopted
pursuant
to
it
which
violation
29
this
chapter,
that
is
not
classified
in
by
the
department’s
30
rules
nor
classifiable
under
the
criteria
stated
in
those
rules
31
as
a
class
I
or
a
class
II
violation.
32
(2)
A
class
III
violation
shall
be
corrected
within
a
33
period
of
time
determined
by
the
department
and
specified
in
34
the
citation
issued
under
section
135C.40.
The
department
may
35
-6-
LSB
5254YH
(6)
91
dg/ko
6/
13
H.F.
2471
modify
the
period
of
time
specified
in
the
citation
for
good
1
cause
shown.
2
(3)
A
licensee
shall
not
be
is
subject
to
a
penalty
for
3
each
calendar
day
a
class
III
violation
,
except
as
provided
4
by
section
135C.40,
subsection
1
,
for
failure
to
correct
the
5
violation
within
a
reasonable
time
specified
by
the
department
6
in
the
notice
of
the
violation
continues
after
any
period
7
of
time
specified
by
the
department
under
subparagraph
(2)
8
or
a
date
a
modification
granted
by
the
department
under
9
subparagraph
(2)
terminates
.
10
(4)
The
director
may,
upon
written
request
of
a
facility,
11
waive
a
penalty
assessed
upon
the
facility
for
a
class
III
12
violation
if
the
violation
is
corrected
within
the
time
13
specified
in
the
citation.
The
department
shall
adopt
rules
in
14
accordance
with
chapter
17A
to
establish
criteria
for
granting
15
or
denying
a
waiver
request
under
this
subparagraph.
16
4.
3.
Any
state
penalty,
including
a
fine
or
citation,
17
issued
following
a
state
licensure
and
federal
certification
18
survey
or
investigation
shall
be
dismissed
if
the
corresponding
19
federal
deficiency
is
dismissed
or
removed.
Any
state
penalty,
20
including
a
fine
or
citation,
shall
be
retained
or
reinstated
21
if
the
federal
deficiency
is
retained
or
reinstated.
22
5.
4.
If
a
facility
self-identifies
a
deficient
practice
23
prior
to
an
on-site
visit
inspection,
there
has
been
no
24
complaint
filed
with
the
department
related
to
that
specific
25
deficient
practice,
and
the
facility
corrects
such
practice
26
prior
to
an
inspection,
no
citation
shall
be
issued
or
fine
27
penalty
assessed
pursuant
to
subsection
2
or
3
except
for
those
28
penalties
arising
pursuant
to
section
135C.33
;
481
IAC
57.11(3)
29
and
(7),
481
IAC
57.16(3)
,
481
IAC
57.32
,
481
IAC
57.34(1)
,
30
481
IAC
58.11(3),
481
IAC
58.14(5)
,
481
IAC
58.19(2)(a)
,
481
31
IAC
58.19(2)(h),
481
IAC
58.28(1)(a)
,
481
IAC
58.43
,
481
IAC
32
63.8(3),
481
IAC
63.27
,
481
IAC
63.29(1)
,
481
IAC
64.4(9)
,
481
33
IAC
64.33(2),
481
IAC
64.34
,
481
IAC
65.9(5)
,
481
IAC
65.15
,
34
or
481
IAC
65.25(3)
and
(4)
,
or
the
successor
to
any
of
such
35
-7-
LSB
5254YH
(6)
91
dg/ko
7/
13
H.F.
2471
rules;
or
42
C.F.R.
§483.420(d)
,
42
C.F.R.
§483.460(c)(4)
,
or
1
42
C.F.R.
§483.470(j),
or
the
successor
to
any
of
such
federal
2
regulations.
3
Sec.
6.
Section
135C.40,
subsection
1,
unnumbered
paragraph
4
1,
Code
2026,
is
amended
to
read
as
follows:
5
If
the
director
determines,
based
on
the
findings
of
an
6
inspection
or
investigation
of
a
health
care
facility,
that
the
7
facility
is
in
violation
of
this
chapter
or
rules
adopted
under
8
this
chapter
,
the
director
within
five
working
business
days
9
after
making
the
determination,
may
issue
a
written
citation
to
10
the
facility.
The
citation
shall
be
served
upon
the
facility
11
personally,
by
electronic
mail,
or
by
certified
mail
,
except
12
that
a
citation
for
a
class
III
violation
may
be
sent
by
13
ordinary
mail
.
Each
citation
shall
specifically
describe
the
14
nature
of
the
violation,
identifying
identify
the
Code
section
15
or
subsection
or
the
rule
or
standard
violated,
and
identify
16
the
classification
of
the
violation
under
section
135C.36
.
17
Where
appropriate,
the
citation
shall
also
state
the
period
18
of
time
allowed
for
correction
of
the
violation,
which
shall
19
in
each
case
be
the
shortest
period
of
time
the
department
20
deems
feasible.
Failure
to
correct
a
violation
within
the
time
21
specified,
unless
the
licensee
shows
that
the
failure
was
due
22
to
circumstances
beyond
the
licensee’s
control,
shall
subject
23
the
facility
to
a
further
penalty
of
fifty
dollars
for
each
24
day
that
the
violation
continues
after
the
time
specified
for
25
correction.
26
Sec.
7.
Section
135C.44,
Code
2026,
is
amended
to
read
as
27
follows:
28
135C.44
Treble
Enhanced
fines
for
repeated
violations.
29
1.
The
penalties
authorized
by
section
135C.36
shall
30
be
trebled
for
a
second
or
subsequent
class
I
or
class
II
31
increased
by
fifty
percent
for
a
violation
occurring
within
any
32
twelve-month
consecutive
twenty-four-month
period
if
a
citation
33
was
issued
for
the
same
class
I
or
class
II
violation
occurring
34
within
that
consecutive
twenty-four-month
period
and
a
penalty
35
-8-
LSB
5254YH
(6)
91
dg/ko
8/
13
H.F.
2471
was
assessed
therefor
.
1
2.
If
a
facility
was
assessed
an
enhanced
penalty
under
2
subsection
1,
the
penalty
for
each
subsequent
citation
for
the
3
same
violation
shall
be
increased
by
one
hundred
percent
of
4
the
most
recent
penalty
assessed
on
the
facility
for
that
same
5
violation.
6
Sec.
8.
NEW
SECTION
.
135C.49
Resident
protection
fund.
7
1.
A
resident
protection
fund
is
created
in
the
state
8
treasury
under
the
control
of
the
department
of
health
and
9
human
services.
10
2.
The
resident
protection
fund
shall
consist
of
moneys
11
collected
by
the
department
as
penalties
for
violations
of
this
12
chapter,
moneys
appropriated
by
the
general
assembly,
and
other
13
moneys
received
by
the
department
of
health
and
human
services
14
for
deposit
in
the
fund.
15
3.
Moneys
in
the
resident
protection
fund
are
appropriated
16
to
the
department
of
health
and
human
services
for
the
17
purpose
of
remedying
harm
caused
by
violations
of
this
18
chapter,
increasing
the
quality
of
care
provided
to
residents,
19
and
supporting
the
office
of
the
long-term
care
ombudsman
20
established
in
section
231.42.
21
4.
Notwithstanding
section
8.33,
moneys
appropriated
in
22
this
section
that
remain
unencumbered
or
unobligated
at
the
23
close
of
a
fiscal
year
shall
not
revert
but
shall
remain
24
available
for
expenditure
for
the
purposes
designated.
25
Notwithstanding
section
12C.7,
subsection
2,
interest
and
26
earnings
on
moneys
in
the
resident
protection
fund
shall
be
27
credited
to
the
resident
protection
fund.
28
EXPLANATION
29
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
30
the
explanation’s
substance
by
the
members
of
the
general
assembly.
31
This
bill
relates
to
health
care
facilities
(facilities),
32
including
electronic
monitoring
device
(device)
requirements
33
and
facility
violations.
34
DIVISION
I
——
ELECTRONIC
MONITORING
IN
HEALTH
CARE
35
-9-
LSB
5254YH
(6)
91
dg/ko
9/
13
H.F.
2471
FACILITIES.
Code
chapter
135C
(health
care
facilities)
defines
1
a
health
care
facility
as
a
residential
care
facility,
nursing
2
facility,
intermediate
care
facility
for
persons
with
a
mental
3
illness,
or
an
intermediate
care
facility
for
persons
with
an
4
intellectual
disability.
5
The
bill
defines
“electronic
monitoring
device”
as
a
6
device
capable
of
any
combination
of
capturing,
recording,
or
7
transmitting
audio,
visual,
or
audio-visual
information.
8
The
bill
defines
“roommate”
as
a
resident
who
resides
in
the
9
same
room
as
another
resident.
For
purposes
of
Code
chapter
10
135C,
a
resident
is
an
individual
admitted
to
a
facility.
11
The
bill
requires
each
facility
to
permit
a
resident,
or
12
the
resident’s
legal
representative
(representative),
to
13
install
and
operate
a
device
in
the
resident’s
room.
The
14
bill
also
requires
each
facility
to
require
a
resident,
or
15
the
resident’s
representative,
to
obtain
written
consent
from
16
each
of
the
resident’s
roommates
or
their
representative
17
prior
to
installing
a
device
in
the
resident’s
room.
If
a
18
resident
requests
permission
from
a
roommate
or
the
roommate’s
19
representative
to
install
a
device,
and
the
roommate
or
20
roommate’s
representative
refuses
to
provide
written
consent,
21
the
facility
where
the
resident
resides
must,
to
the
extent
22
practicable,
transfer
the
resident
to
a
different
room
to
23
accommodate
the
installation
of
a
device.
24
The
bill
prohibits
a
facility
from
refusing
admission
to,
25
discharging,
or
otherwise
retaliating
against
a
resident
who
26
elects
to
use
a
device.
27
The
bill
requires
each
facility
to
make
reasonable
physical
28
accommodations
for
the
placement
of
a
device,
including
but
not
29
limited
to
access
to
a
power
source.
30
The
bill
requires
each
facility
to
post
a
notice
at
the
31
entrance
of
a
resident’s
room
that
states
that
the
room
is
32
subject
to
electronic
monitoring
if
a
device
is
in
use
in
the
33
resident’s
room.
34
The
bill
requires
a
resident,
or
the
resident’s
35
-10-
LSB
5254YH
(6)
91
dg/ko
10/
13
H.F.
2471
representative,
to
pay
for
all
costs
associated
with
the
1
purchase,
installation,
maintenance,
and
removal
of
each
device
2
the
resident,
or
the
resident’s
representative,
installs
in
the
3
resident’s
room.
4
DIVISION
II
——
HEALTH
CARE
FACILITY
VIOLATIONS.
The
5
bill
requires
DIAL
to
either
suspend
or
revoke
a
facility’s
6
license
if
the
department
finds
the
facility
has
committed
7
three
or
more
class
I
violations
within
a
period
of
24
8
consecutive
months.
A
class
I
violation
is
a
violation
that
is
9
substantially
likely
to
cause
a
resident’s
death
or
physical
10
harm.
A
class
II
violation
has
an
impact
on
the
health,
11
safety,
or
security
of
residents
but
is
not
substantially
12
likely
to
cause
a
resident’s
death
or
harm.
A
class
III
13
violation
is
a
violation
that
is
not
classified
as
either
a
14
class
I
or
II
violation.
15
The
bill
requires
a
facility
to
prominently
post
a
copy
of
16
each
violation
issued
to
the
facility
from
the
date
DIAL
serves
17
the
citation
on
the
facility
until
12
months
from
the
date
18
DIAL
confirms
the
violation
has
been
corrected,
and
requires
19
the
facility
to
provide
a
copy
of
the
citation
to
each
of
the
20
facility’s
residents
and
mail
a
copy
to
each
representative
of
21
a
resident
of
the
facility.
22
The
bill
increases
the
minimum
and
maximum
penalty
for
class
23
I
and
class
II
violations.
The
bill
also
creates
a
minimum
and
24
maximum
penalty
for
class
III
violations.
25
Under
current
law,
a
facility
is
subject
to
one
penalty
for
26
each
class
I
or
class
II
violation
DIAL
determines
the
facility
27
has
committed.
The
bill
instead
makes
a
facility
subject
to
28
a
penalty
for
each
calendar
day
a
class
I
violation
remains
29
uncorrected
beginning
from
the
date
DIAL
serves
a
citation
on
30
the
facility
for
the
violation,
and
for
each
calendar
day
a
31
class
II
or
class
III
violation
continues
after
the
period
of
32
time
specified
by
DIAL
in
DIAL’s
citation
to
the
facility.
33
Under
current
law,
DIAL
may
extend
the
period
of
time
a
34
facility
is
required
to
correct
a
class
II
violation
for
good
35
-11-
LSB
5254YH
(6)
91
dg/ko
11/
13
H.F.
2471
cause
shown.
The
bill
allows
DIAL
to
extend
the
period
of
1
time
to
correct
a
class
II
violation
if
the
facility
provides
2
evidence
that
it
cannot
correct
the
violation
within
the
period
3
of
time
specified
in
the
citation
through
no
fault
of
the
4
facility’s
own.
The
bill
also
allows
DIAL
to
extend
the
period
5
of
time
a
facility
is
required
to
correct
a
class
III
violation
6
for
good
cause
shown.
7
The
bill
allows
DIAL,
upon
written
request
of
a
facility,
8
to
waive
a
penalty
assessed
on
the
facility
for
a
class
9
III
violation
if
the
violation
is
corrected
within
the
time
10
specified
in
the
citation.
The
bill
requires
DIAL
to
adopt
11
rules
to
establish
criteria
for
such
a
waiver.
12
Under
current
law,
DIAL
may
serve
a
facility
a
citation
for
13
a
class
III
violation
by
ordinary
mail.
The
bill
requires
DIAL
14
to
serve
a
facility
a
citation
for
a
class
III
violation
by
15
electronic
or
certified
mail.
16
Under
current
law,
the
penalty
for
a
facility’s
violation
is
17
increased
by
three
times
if
the
facility
had
been
assessed
a
18
penalty
for
the
same
violation
within
the
previous
12
months.
19
The
bill
instead
increases
Code
chapter
135C
penalties
by
50
20
percent
for
a
violation
committed
within
24
months
of
having
21
been
issued
a
citation
for
the
same
violation.
If
the
facility
22
has
been
subject
to
an
enhanced
penalty
within
the
24-month
23
period,
each
subsequent
penalty
assessed
for
the
same
violation
24
is
increased
by
100
percent
of
the
most
recently
assessed
25
penalty.
26
The
bill
creates
a
resident
protection
fund
(fund)
under
27
the
control
of
the
department
of
health
and
human
services
28
(HHS).
The
fund
consists
of
moneys
collected
as
penalties
for
29
violations
of
Code
chapter
135C,
moneys
appropriated
by
the
30
general
assembly,
and
other
moneys
received
by
HHS
for
deposit
31
in
the
fund.
Moneys
in
the
fund
are
to
be
distributed
by
HHS
32
for
the
purposes
of
remedying
harm
caused
by
violations
of
33
Code
chapter
135C,
increasing
the
quality
of
care
provided
to
34
residents,
and
supporting
the
office
of
the
long-term
care
35
-12-
LSB
5254YH
(6)
91
dg/ko
12/
13
H.F.
2471
ombudsman.
Moneys
in
the
fund
do
not
revert
back
to
the
state
1
general
fund
but
remain
available
for
HHS
to
use
for
the
fund’s
2
designated
purposes.
Interest
and
earnings
on
moneys
in
the
3
fund
shall
be
credited
to
the
fund.
4
-13-
LSB
5254YH
(6)
91
dg/ko
13/
13