HF 2122 (LSB 5572YH (3) 88)

HOUSE FILE 2122

BY  BRINK

A BILL FOR

An Act relating to the information to be disclosed by a health care provider as part of a referral of a patient to an ambulatory surgical center, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  147.163  Disclosure of information —— referral to ambulatory surgical center —— licensee discipline. 
   1.  A health care provider who refers a patient to an ambulatory surgical center for surgical services shall disclose to the patient the difference between the provision of the surgical services at a hospital compared with the ambulatory surgical center. Such disclosure shall include but is not limited to information regarding all of the following:
   a.  The ownership of the ambulatory surgical center.
   b.  Whether the patient’s surgical service and medical status are appropriate for an ambulatory surgical center setting.
   c.  The type of personnel generally involved in the patient’s surgical service and the capacity of the ambulatory surgical center to comply with the personnel requirements.
   d.  The ability of the ambulatory surgical center to manage complications from the patient’s surgical service.
   e.  The time frame for transfer of the patient from the ambulatory surgical center to a hospital licensed under chapter 135B located in closest proximity to the ambulatory surgical center should complications arise from the surgical service.
   f.  The requirements for and type of anesthesia generally used for the patient’s surgical service and the capacity of the ambulatory surgical center to comply with the anesthesia requirements. 
   2.  For the purposes of this section: 
   a.  “Ambulatory surgical center” means a distinct facility that operates exclusively for the purpose of providing surgical services to patients not requiring hospitalization and in which the expected duration of services does not exceed twenty-four hours following an admission. “Ambulatory surgical center” does not include individual or group practice offices of private physicians or podiatrists that do not contain a distinct area used for outpatient surgical treatment on a regular basis, or that only provide surgery routinely provided in a physician’s or podiatrist’s office using local anesthesia or conscious sedation; individual or group practice offices of private dentists; or a portion of a licensed hospital designated for outpatient surgical treatment. 
   b.  “Health care provider” means a person who is licensed, certified, or otherwise authorized or permitted by the laws of this state to administer health care in the ordinary course of business or in the practice of a profession.
   c.  “Hospital” means the same as defined in section 135B.1.
   3.  A health care provider who violates this section is subject to licensee discipline by the appropriate licensing or disciplinary authority.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill requires a health care provider who refers a patient to an ambulatory surgical center for surgical services to disclose to the patient the difference between the provision of the surgical services at a hospital compared with the ambulatory surgical center. The bill specifies the minimum information to be disclosed. The bill defines “ambulatory surgical center” for the purposes of the bill. 
   A health care provider who violates the bill is subject to licensee discipline by the appropriate licensing or disciplinary authority.