Text: SF02101 Text: SF02103 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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 10c. A kidney disease treatment center, including any1 11freestanding hemodialysis unit but not including any home1 12hemodialysis unit.1 13d.c. An organized outpatient health facility. 1 14e.d. An outpatient surgical facility. 1 15f.e. A community mental health facility. 1 16g.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 ofeight1 21hundred thousandone 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 thansixtythirty 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 holderthereofof 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 projectand whether there has been compliance with any3 12conditions 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 projector noncompliance with any conditions on which3 19issuance 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
Text: SF02101 Text: SF02103 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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