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
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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
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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
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