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PAG LIN 1 1 Section 1. Section 135J.1, unnumbered paragraph 1, and 1 2 subsections 1 and 5, Code 1995, are amended to read as 1 3 follows: 1 4 For the purposes of thisdivisionchapter unless otherwise 1 5 defined: 1 6 1. "Core services" means physician services, nursing 1 7 services, medical social services, counseling services,and1 8 volunteer services. These core services, as well as, and 1 9 others deemed necessary by the hospice in delivering safe and 1 10 appropriate care to its case load,canwhich shall be provided 1 11through either direct or indirect arrangementdirectly by the 1 12 hospice. 1 13 5. "Hospice program" means a centrally coordinated program 1 14 of home and inpatient care provided directlyor through an1 15agreementunderthe direction ofan identifiable hospice 1 16 administration providing palliative care and supportive 1 17 medical and other health services to terminally ill patients 1 18 and their families. A licensed hospice program shall utilize 1 19 a medically directed interdisciplinary team and provide care 1 20 to meet the physical, emotional, social, spiritual, and other 1 21 special needs which are experienced during the final stages of 1 22 illness, dying, and bereavement. Hospice care shall be 1 23 available twenty-four hours a day, seven days a week. 1 24 Sec. 2. Section 135J.2, unnumbered paragraph 1, Code 1995, 1 25 is amended to read as follows: 1 26 A person or governmental unit, acting severally or jointly 1 27 with any other personmayshall not establish, conduct, or 1 28 maintain a hospice program in this stateand receivewithout a 1 29 licensefromissued by the department after meeting the 1 30 requirements of thisdivisionchapter. The application shall 1 31 be on a form prescribed by the department and shall require 1 32 information the department deems necessary.Nothing in this1 33division shall prohibit a person or governmental unit from1 34establishing, conducting, or maintaining a hospice program1 35without a license.Each application for license shall be 2 1 accompanied by a nonrefundable biennial license fee determined 2 2 by the department. A hospice program which is not licensed 2 3 and which is operating in this state prior to July 1, 1995, 2 4 shall be given a reasonable time to comply with the licensure 2 5 requirements established in this section, as determined by the 2 6 department. The department may grant extensions of time for 2 7 compliance if evidence of a good faith attempt to comply is 2 8 furnished to the department and if the extension will not 2 9 place patients of the hospice in undue jeopardy. 2 10 Sec. 3. Section 135J.5, Code 1995, is amended to read as 2 11 follows: 2 12 135J.5 DENIAL, SUSPENSION, OR REVOCATION OF LICENSES. 2 13 The department may deny, suspend, or revoke a license if 2 14 the department determines there is failure of the program to 2 15 comply with thisdivisionchapter or the rules adopted under 2 16 thisdivisionchapter. The suspension or revocation may be 2 17 appealed under chapter 17A. The department may reissue a 2 18 license following a suspension or revocation after the hospice 2 19 corrects the conditions upon which the suspension or 2 20 revocation was based. 2 21 Sec. 4. Section 135J.7, Code 1995, is amended to read as 2 22 follows: 2 23 135J.7 RULES. 2 24 Except as otherwise provided in thisdivisionchapter, the 2 25 department shall adopt rules pursuant to chapter 17A necessary 2 26 to implement thisdivisionchapter, subject to approval of the 2 27 state board of health. Formulation of the rules shall include 2 28 consultation with Iowa hospice organization representatives 2 29 and other persons affected by thedivisionchapter. 2 30 Sec. 5. NEW SECTION. 135J.8 PENALTY. 2 31 A person who establishes, operates, or maintains a hospice 2 32 program without obtaining a license under this chapter commits 2 33 a serious misdemeanor. Each day of continuing violation 2 34 following conviction shall be considered a separate offense. 2 35 EXPLANATION 3 1 This bill provides for mandatory, rather than the current 3 2 optional, licensure of hospice programs. The bill redefines 3 3 "care services" to allow for only direct rather than both 3 4 indirect and direct provisions of these services by a hospice 3 5 program. The bill also provides that an unlicensed hospice 3 6 program operating prior to July 1, 1995, is to be given a 3 7 reasonable time to meet the requirements for licensure and may 3 8 be allowed an extension of time for compliance if the hospice 3 9 program is making a good faith attempt to comply and the 3 10 extension will not place patients in undue jeopardy. The bill 3 11 provides that a person who establishes, operates, or maintains 3 12 a hospice program without a license is guilty of a serious 3 13 misdemeanor and that each day of violation following 3 14 conviction is a separate offense. The bill also replaces the 3 15 reference throughout the chapter to "division" by replacing 3 16 the word "division" with the word "chapter". 3 17 LSB 2034SV 76 3 18 pf/sc/14
Text: SF00262 Text: SF00264 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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