Relating to electronic monitoring device requirements and health care facilities, including health care facility violations, and making penalties applicable

This bill relates to health care facilities (facilities), including electronic monitoring device (device) requirements and facility violations. DIVISION I —— ELECTRONIC MONITORING IN HEALTH CARE FACILITIES. Code chapter 135C (health care facilities) defines a health care facility as a residential care facility, nursing facility, intermediate care facility for persons with a mental illness, or an intermediate care facility for persons with an intellectual disability. The bill defines “electronic monitoring device” as a device capable of any combination of capturing, recording, or transmitting audio, visual, or audio-visual information. The bill defines “roommate” as a resident who resides in the same room as another resident. For purposes of Code chapter 135C, a resident is an individual admitted to a facility. The bill requires each facility to permit a resident, or the resident’s legal representative (representative), to install and operate a device in the resident’s room. The bill also requires each facility to require a resident, or the resident’s representative, to obtain written consent from each of the resident’s roommates or their representative prior to installing a device in the resident’s room. If a resident requests permission from a roommate or the roommate’s representative to install a device, and the roommate or roommate’s representative refuses to provide written consent, the facility where the resident resides must, to the extent practicable, transfer the resident to a different room to accommodate the installation of a device. The bill prohibits a facility from refusing admission to, discharging, or otherwise retaliating against a resident who elects to use a device. The bill requires each facility to make reasonable physical accommodations for the placement of a device, including but not limited to access to a power source. The bill requires each facility to post a notice at the entrance of a resident’s room that states that the room is subject to electronic monitoring if a device is in use in the resident’s room. The bill requires a resident, or the resident’s representative, to pay for all costs associated with the purchase, installation, maintenance, and removal of each device the resident, or the resident’s representative, installs in the resident’s room. DIVISION II —— HEALTH CARE FACILITY VIOLATIONS. The bill requires DIAL to either suspend or revoke a facility’s license if the department finds the facility has committed three or more class I violations within a period of consecutive months. A class I violation is a violation that is substantially likely to cause a resident’s death or physical harm. A class II violation has an impact on the health, safety, or security of residents but is not substantially likely to cause a resident’s death or harm. A class III violation is a violation that is not classified as either a class I or II violation. The bill requires a facility to prominently post a copy of each violation issued to the facility from the date DIAL serves the citation on the facility until months from the date DIAL confirms the violation has been corrected, and requires the facility to provide a copy of the citation to each of the facility’s residents and mail a copy to each representative of a resident of the facility. The bill increases the minimum and maximum penalty for class I and class II violations. The bill also creates a minimum and maximum penalty for class III violations. Under current law, a facility is subject to one penalty for each class I or class II violation DIAL determines the facility has committed. The bill instead makes a facility subject to a penalty for each calendar day a class I violation remains uncorrected beginning from the date DIAL serves a citation on the facility for the violation, and for each calendar day a class II or class III violation continues after the period of time specified by DIAL in DIAL’s citation to the facility. Under current law, DIAL may extend the period of time a facility is required to correct a class II violation for good cause shown. The bill allows DIAL to extend the period of time to correct a class II violation if the facility provides evidence that it cannot correct the violation within the period of time specified in the citation through no fault of the facility’s own. The bill also allows DIAL to extend the period of time a facility is required to correct a class III violation for good cause shown. The bill allows DIAL, upon written request of a facility, to waive a penalty assessed on the facility for a class III violation if the violation is corrected within the time specified in the citation. The bill requires DIAL to adopt rules to establish criteria for such a waiver. Under current law, DIAL may serve a facility a citation for a class III violation by ordinary mail. The bill requires DIAL to serve a facility a citation for a class III violation by electronic or certified mail. Under current law, the penalty for a facility’s violation is increased by three times if the facility had been assessed a penalty for the same violation within the previous months. The bill instead increases Code chapter 135C penalties by percent for a violation committed within months of having been issued a citation for the same violation. If the facility has been subject to an enhanced penalty within the 24-month period, each subsequent penalty assessed for the same violation is increased by 100 percent of the most recently assessed penalty. The bill creates a resident protection fund (fund) under the control of the department of health and human services (HHS). The fund consists of moneys collected as penalties for violations of Code chapter 135C, moneys appropriated by the general assembly, and other moneys received by HHS for deposit in the fund. Moneys in the fund are to be distributed by HHS for the purposes of remedying harm caused by violations of Code chapter 135C, increasing the quality of care provided to residents, and supporting the office of the long-term care ombudsman. Moneys in the fund do not revert back to the state general fund but remain available for HHS to use for the fund’s designated purposes. Interest and earnings on moneys in the fund shall be credited to the fund.