231.42 - LONG-TERM CARE RESIDENT'S ADVOCATE -- DUTIES.

        231.42  LONG-TERM CARE RESIDENT'S ADVOCATE --
      DUTIES.
         1.  The Iowa commission on aging, in accordance with section 712
      of the federal Act, as codified at 42 U.S.C. § 3058g, shall establish
      the office of long-term care resident's advocate within the
      department.  The long-term care resident's advocate shall administer
      and monitor local long-term care resident's advocate programs.
         2. a.  The long-term care resident's advocate and local
      long-term care resident's advocates shall:
         (1)  Investigate and resolve complaints about administrative
      actions that may adversely affect the health, safety, welfare, or
      rights of residents in long-term care facilities, excluding
      facilities licensed primarily to serve persons with mental
      retardation or mental illness.
         (2)  Monitor the development and implementation of federal, state,
      and local laws, regulations, and policies that relate to long-term
      care facilities in Iowa.
         (3)  Provide information to other agencies and to the public about
      the problems of residents in long-term care facilities, excluding
      facilities licensed primarily to serve persons with mental
      retardation or mental illness.
         (4)  Train volunteers and assist in the development of citizens'
      organizations to participate in the long-term care resident's
      advocate program.
         (5)  Carry out other activities consistent with the state
      long-term care ombudsman program provisions of the federal Act.
         (6)  Administer the resident advocate committee volunteer program.

         (7)  Report annually to the general assembly on the activities of
      the resident's advocate office.
         b.  The long-term care resident's advocate and local long-term
      care resident's advocates shall have access to long-term care
      facilities, private access to residents, access to residents'
      personal and medical records, and access to other records maintained
      by the facilities or governmental agencies pertaining only to the
      person on whose behalf a complaint is being investigated.  
         Section History: Recent Form
         86 Acts, ch 1245, § 1016
         C87, § 249D.42
         C93, § 231.42
         99 Acts, ch 129, §13; 2003 Acts, ch 141, §11; 2005 Acts, ch 45,
      §10; 2009 Acts, ch 23, §27--29; 2009 Acts, ch 41, §93
         Referred to in § 135C.37, 135C.38, 231B.1, 231C.2