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Senate File 2459

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Bill Text

PAG LIN
  1  1    Section 1.  Section 135.11, Code 1995, is amended by adding
  1  2 the following new subsection:
  1  3    NEW SUBSECTION.  25.  Establish by rule, in cooperation
  1  4 with the department of inspections and appeals, standards for
  1  5 home care aid programs which include, but are not limited to,
  1  6 personnel requirements for home care aid programs not
  1  7 certified under the medical assistance program.
  1  8    Sec. 2.  Section 135C.16, subsection 1, Code 1995, is
  1  9 amended to read as follows:
  1 10    1.  In addition to the inspections required by sections
  1 11 135C.9 and 135C.38, the department shall make or cause to be
  1 12 made such further unannounced inspections as it deems
  1 13 necessary to adequately enforce this chapter.  At least one
  1 14 general unannounced inspection shall be conducted for each
  1 15 health care facility within a fifteen-month thirty-month
  1 16 period.  The inspector shall show identification to the person
  1 17 in charge of the facility and state that an inspection is to
  1 18 be made before beginning the inspection.  An employee of the
  1 19 department who gives unauthorized advance notice of an
  1 20 inspection made or planned to be made under this subsection or
  1 21 section 135C.38 shall be disciplined as determined by the
  1 22 director, except that if the employee is employed pursuant to
  1 23 the merit system provisions of chapter 19A the discipline
  1 24 shall not exceed the discipline authorized pursuant to that
  1 25 chapter.
  1 26    Sec. 3.  Section 135C.38, subsection 3, Code 1995, is
  1 27 amended to read as follows:
  1 28    3.  An inspection made pursuant to a complaint filed under
  1 29 section 135C.37 need not be limited to the matter or matters
  1 30 complained of; however.  However, the inspection shall not be
  1 31 a general inspection unless the complaint inspection coincides
  1 32 with a scheduled general inspection or unless problems in
  1 33 addition to those included in the complaint are visible to the
  1 34 inspector and the facility has a history of noncompliance with
  1 35 statutory or regulatory requirements.  Upon arrival at the
  2  1 facility to be inspected, the inspector shall show
  2  2 identification to the person in charge of the facility and
  2  3 state that an inspection is to be made, before beginning the
  2  4 inspection. Upon request of either the complainant or the
  2  5 department or committee, the complainant or the complainant's
  2  6 representative or both may be allowed the privilege of
  2  7 accompanying the inspector during any on-site inspection made
  2  8 pursuant to this section. The inspector may cancel the
  2  9 privilege at any time if the inspector determines that the
  2 10 privacy of any resident of the facility to be inspected would
  2 11 otherwise be violated.  The dignity of the resident shall be
  2 12 given first priority by the inspector and others.
  2 13    Sec. 4.  RISK-BASED INSPECTIONS.
  2 14    1.  The department of inspections and appeals shall develop
  2 15 and implement a risk-based inspection system for health care
  2 16 facilities which are licensed only by the state pursuant to
  2 17 chapter 135C.  The risk-based system shall be used in
  2 18 inspections of health care facilities beginning with the first
  2 19 inspection of the facility subsequent to the inspection of
  2 20 that facility during the period of July 1, 1995, through
  2 21 December 31, 1997.
  2 22    2.  The department of inspections and appeals shall submit
  2 23 all of the following to the joint appropriations subcommittee
  2 24 on oversight, audit, and government reform, to the governor,
  2 25 and to the legislative fiscal bureau:
  2 26    a.  On or before August 1, 1996, a report which includes
  2 27 all of the following:
  2 28    (1)  The survey and complaint activities completed in
  2 29 fiscal year 1995-1996 for health care facilities licensed only
  2 30 by the state.
  2 31    (2)  The criteria to be used in the risk-based inspections
  2 32 system.
  2 33    b.  On or before February 1, 1997, an interim report, and
  2 34 on or before February 1, 1998, a final report regarding the
  2 35 progress of the risk-based inspections system.
  3  1    Any of the reports submitted may also include such
  3  2 additional information as requested by the joint
  3  3 appropriations subcommittee on oversight, audit, and
  3  4 government reform and may contain recommendations by the
  3  5 department of inspections and appeals of legislative action or
  3  6 program change.  
  3  7 SF 2459
  3  8 pf/cc/26
     

Text: SF02458                           Text: SF02460
Text: SF02400 - SF02499                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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