Relating to health care facilities, providing penalties, making an appropriation, and including effective date and retroactive applicability provisions

Additionally, the rules and standards shall include policies and procedures regarding the use of arbitration agreements. Specifically, the rules shall prohibit any facility that accepts state funding from offering a resident, or requiring a resident to sign, an arbitration agreement that limits the resident’s inalienable right to seek full judicial review of a dispute as a precondition for being admitted to the facility. The bill requires that, on average, DIAL perform at least one general unannounced inspection of a health care facility within a 12-month period not to exceed a period of months, rather than the current 30-month period. The bill increases the monetary amount for the bottom of the range of the penalty for a class I violation by a health care facility from $2,000 to $5,000, and maintains the upper part of the range at $10,000. The bill also increases the penalty for repeated class I violations in a 12-month period for which a penalty is assessed by quadrupling rather than tripling the amount. The bill adds as a class I violation for a health care facility any confirmed instance of a facility retaliating against a resident or employee for filing a complaint or otherwise cooperating with the department or the office of long-term care ombudsman. The bill amends the required time period within which DIAL must respond upon receipt of a complaint. Under the bill, for nursing facilities, an on-site inspection shall be initiated within one working day rather than the current two working days if a complaint is determined to be an alleged immediate jeopardy situation; and within five rather than the current working days if a complaint is determined to be an alleged high-level, nonimmediate jeopardy situation. Under the bill for all other types of health care facilities, an on-site inspection shall be initiated within one working day rather than two working days if a complaint is determined to be an alleged immediate jeopardy situation; and within five working days rather than working days if a complaint is determined be an alleged high-level, nonimmediate jeopardy situation. The bill provides that a member of the general assembly or an employee of the legislative or executive branch shall not attempt to influence a decision of DIAL during the course of an investigation, inspection, or appeal. An allegation of a violation shall be investigated by the office of ombudsman. If the office of ombudsman determines a violation has occurred, the office shall report the recommendations, including disciplinary action, to an agency. A person who is recommended for disciplinary action for a violation is subject to a civil penalty of up to $5,000 per violation. A civil penalty collected shall be credited to DIAL, considered appropriated receipts, and used by DIAL to enforce Code chapter 135C. DIAL shall assess the civil penalty for violations committed by an employee of the executive branch, and a civil penalty for violations committed by a member or employee of the general assembly shall be assessed pursuant to a resolution or by the legislative council if the general assembly is not in session at the time a recommendation is received from the office of ombudsman.00 additional full-time equivalent positions. The appropriated funds, in addition to the federal matching funds, shall be used for additional nursing facility inspectors and assisted living program monitors to perform additional safety inspections. This provision takes effect upon enactment and is retroactively applicable to July 1, 2023.