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Senate File 2102

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 135.61, subsection 14, Code 1995, is
  1  2 amended to read as follows:
  1  3    14.  "Institutional health facility" means any of the
  1  4 following, without regard to whether the facilities referred
  1  5 to are publicly or privately owned or are organized for profit
  1  6 or not or whether the facilities are part of or sponsored by a
  1  7 health maintenance organization:
  1  8    a.  A hospital.
  1  9    b.  A health care facility.
  1 10    c.  A kidney disease treatment center, including any
  1 11 freestanding hemodialysis unit but not including any home
  1 12 hemodialysis unit.
  1 13    d. c.  An organized outpatient health facility.
  1 14    e. d.  An outpatient surgical facility.
  1 15    f. e.  A community mental health facility.
  1 16    g. f.  A birth center.
  1 17    Sec. 2.  Section 135.61, subsection 18, paragraphs c, k,
  1 18 and m, Code 1995, are amended to read as follows:
  1 19    c.  Any capital expenditure, lease, or donation by or on
  1 20 behalf of an institutional health facility in excess of eight
  1 21 hundred thousand one million dollars within a twelve-month
  1 22 period.
  1 23    k.  Any air transportation system for transportation of
  1 24 patients or medical personnel offered in or through an
  1 25 institutional health facility at a specific time, which was
  1 26 not offered on a regular basis in or through the institutional
  1 27 health facility within the twelve-month period prior to the
  1 28 specified time.
  1 29    m.  Any of the following:
  1 30    (1)  Cardiac catheterization service.
  1 31    (2)  Open heart surgical service.
  1 32    (3)  Organ transplantation service.
  1 33    (4)  Magnetic resonance imaging at a fixed site.
  1 34    (5)  Radiation therapy.
  1 35    Sec. 3.  Section 135.63, subsection 2, Code Supplement
  2  1 1995, is amended by adding the following new paragraphs:
  2  2    NEW PARAGRAPH.  j.  The construction, modification, or
  2  3 replacement of nonpatient care services, including but not
  2  4 limited to parking facilities, heating, ventilation and air
  2  5 conditioning systems, computers, telephone systems, and
  2  6 medical office buildings, notwithstanding any provision in
  2  7 this division to the contrary.
  2  8    NEW PARAGRAPH.  k.  The redistribution of beds within the
  2  9 acute care category of bed usage, notwithstanding any
  2 10 provision in this division to the contrary, if all of the
  2 11 following conditions are met:
  2 12    (1)  The hospital reports to the department, on a form
  2 13 prescribed by the department, the number and type of beds to
  2 14 be redistributed, at least thirty days prior to the
  2 15 redistribution.
  2 16    (2)  The hospital reports the new distribution of beds on
  2 17 the hospital's subsequent annual report to the department.
  2 18    If these conditions are not met, the hospital is subject to
  2 19 review as a new institutional health service or changed
  2 20 institutional health service under section 135.61, subsection
  2 21 18, paragraph "d", and subject to sanctions under section
  2 22 135.73.
  2 23    Sec. 4.  Section 135.65, subsection 1, Code 1995, is
  2 24 amended to read as follows:
  2 25    1.  Before applying for a certificate of need, the sponsor
  2 26 of a proposed new institutional health service or changed
  2 27 institutional health service shall submit to the department a
  2 28 letter of intent to offer or develop a service requiring a
  2 29 certificate of need.  The letter shall be submitted as soon as
  2 30 possible after initiation of the applicant's planning process,
  2 31 and in any case not less than sixty thirty days before
  2 32 applying for a certificate of need and before substantial
  2 33 expenditures to offer or develop the service are made.  The
  2 34 letter shall include a brief description of the proposed new
  2 35 or changed service, its location, and its estimated cost.
  3  1    Sec. 5.  Section 135.71, unnumbered paragraph 1, Code 1995,
  3  2 is amended to read as follows:
  3  3    A certificate of need shall be valid for a maximum of one
  3  4 year from the date of issuance.  Upon the expiration of the
  3  5 certificate, or at any earlier time while the certificate is
  3  6 valid the holder thereof of the certificate shall provide the
  3  7 department such information on the development of the project
  3  8 covered by the certificate as the department may request.  The
  3  9 council shall determine at the end of the certification period
  3 10 whether sufficient progress is being made on the development
  3 11 of the project and whether there has been compliance with any
  3 12 conditions on which issuance of the certificate was premised.
  3 13 The certificate of need may be extended by the council for
  3 14 additional periods of time as are reasonably necessary to
  3 15 expeditiously complete the project, but may be revoked by the
  3 16 council at the end of the first or any subsequent
  3 17 certification period for insufficient progress in developing
  3 18 the project or noncompliance with any conditions on which
  3 19 issuance of the certificate was premised.  
  3 20                           EXPLANATION
  3 21    This bill makes changes in the law relating to the
  3 22 certificate of need program which regulates the construction,
  3 23 development, and other establishment of health services and
  3 24 facilities.
  3 25    The bill removes kidney disease treatment centers,
  3 26 otherwise referred to as dialysis services, from the
  3 27 definition of an institutional health facility which would
  3 28 otherwise be subject to review by the health facilities
  3 29 council prior to establishment.
  3 30    The bill increases the capital expenditure minimum during a
  3 31 12-month period from $800,000 to $1,000,000 for the purposes
  3 32 of review, redefines air transportation systems subject to
  3 33 review as only those which are offered as a new service at a
  3 34 particular location, and adds magnetic resonance imaging and
  3 35 radiation therapy to the list of services subject to review
  4  1 notwithstanding the amount of expenditure associated with the
  4  2 service.
  4  3    The bill also provides that review is inapplicable to the
  4  4 construction, modification, or replacement of, nonpatient care
  4  5 services including, but not limited to, parking facilities,
  4  6 heating, ventilation and air conditioning systems, computers,
  4  7 telephone systems, and medical office buildings, and is
  4  8 inapplicable to the redistribution of beds within the acute
  4  9 care category of bed usage, if the hospital reports the number
  4 10 and type of beds to be redistributed to the department at
  4 11 least 30 days prior to the redistribution and if a report of
  4 12 the new distribution is made on the hospital's subsequent
  4 13 annual report to the department.
  4 14    The bill provides that the sponsor of a proposed new
  4 15 institutional health service or changed institutional health
  4 16 service is to submit a letter of intent not less than 30 days,
  4 17 instead of the currently required 60 days, before applying for
  4 18 a certificate of need and before substantial expenditures to
  4 19 offer or develop the service are made.
  4 20    The bill eliminates language which refers to compliance
  4 21 with conditions on which the issuance of a certificate is
  4 22 premised relating to the time period during which a
  4 23 certificate of need is valid.  
  4 24 LSB 3369SV 76
  4 25 pf/cf/24.1
     

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