House File 2122 - Introduced HOUSE FILE 2122 BY BRINK A BILL FOR An Act relating to the information to be disclosed by a health 1 care provider as part of a referral of a patient to an 2 ambulatory surgical center, and providing penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5572YH (3) 88 pf/rh
H.F. 2122 Section 1. NEW SECTION . 147.163 Disclosure of information 1 —— referral to ambulatory surgical center —— licensee discipline. 2 1. A health care provider who refers a patient to an 3 ambulatory surgical center for surgical services shall disclose 4 to the patient the difference between the provision of the 5 surgical services at a hospital compared with the ambulatory 6 surgical center. Such disclosure shall include but is not 7 limited to information regarding all of the following: 8 a. The ownership of the ambulatory surgical center. 9 b. Whether the patient’s surgical service and medical status 10 are appropriate for an ambulatory surgical center setting. 11 c. The type of personnel generally involved in the patient’s 12 surgical service and the capacity of the ambulatory surgical 13 center to comply with the personnel requirements. 14 d. The ability of the ambulatory surgical center to manage 15 complications from the patient’s surgical service. 16 e. The time frame for transfer of the patient from the 17 ambulatory surgical center to a hospital licensed under chapter 18 135B located in closest proximity to the ambulatory surgical 19 center should complications arise from the surgical service. 20 f. The requirements for and type of anesthesia generally 21 used for the patient’s surgical service and the capacity of 22 the ambulatory surgical center to comply with the anesthesia 23 requirements. 24 2. For the purposes of this section: 25 a. “Ambulatory surgical center” means a distinct facility 26 that operates exclusively for the purpose of providing surgical 27 services to patients not requiring hospitalization and in which 28 the expected duration of services does not exceed twenty-four 29 hours following an admission. “Ambulatory surgical center” does 30 not include individual or group practice offices of private 31 physicians or podiatrists that do not contain a distinct area 32 used for outpatient surgical treatment on a regular basis, or 33 that only provide surgery routinely provided in a physician’s 34 or podiatrist’s office using local anesthesia or conscious 35 -1- LSB 5572YH (3) 88 pf/rh 1/ 2
H.F. 2122 sedation; individual or group practice offices of private 1 dentists; or a portion of a licensed hospital designated for 2 outpatient surgical treatment. 3 b. “Health care provider” means a person who is licensed, 4 certified, or otherwise authorized or permitted by the laws of 5 this state to administer health care in the ordinary course of 6 business or in the practice of a profession. 7 c. “Hospital” means the same as defined in section 135B.1. 8 3. A health care provider who violates this section is 9 subject to licensee discipline by the appropriate licensing or 10 disciplinary authority. 11 EXPLANATION 12 The inclusion of this explanation does not constitute agreement with 13 the explanation’s substance by the members of the general assembly. 14 This bill requires a health care provider who refers a 15 patient to an ambulatory surgical center for surgical services 16 to disclose to the patient the difference between the provision 17 of the surgical services at a hospital compared with the 18 ambulatory surgical center. The bill specifies the minimum 19 information to be disclosed. The bill defines “ambulatory 20 surgical center” for the purposes of the bill. 21 A health care provider who violates the bill is subject 22 to licensee discipline by the appropriate licensing or 23 disciplinary authority. 24 -2- LSB 5572YH (3) 88 pf/rh 2/ 2