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PAG LIN 1 1 Section 1. Section 135C.16, subsection 1, Code 1995, is 1 2 amended to read as follows: 1 3 1. In addition to the inspections required by sections 1 4 135C.9 and 135C.38, the department shall make or cause to be 1 5 made such further unannounced inspections as it deems 1 6 necessary to adequately enforce this chapter. At least one 1 7 general unannounced inspection shall be conducted for each 1 8 health care facility within afifteen-monththirty-month 1 9 period. The inspector shall show identification to the person 1 10 in charge of the facility and state that an inspection is to 1 11 be made before beginning the inspection. An employee of the 1 12 department who gives unauthorized advance notice of an 1 13 inspection made or planned to be made under this subsection or 1 14 section 135C.38 shall be disciplined as determined by the 1 15 director, except that if the employee is employed pursuant to 1 16 the merit system provisions of chapter 19A the discipline 1 17 shall not exceed the discipline authorized pursuant to that 1 18 chapter. 1 19 Sec. 2. Section 135C.38, subsection 3, Code 1995, is 1 20 amended to read as follows: 1 21 3. An inspection made pursuant to a complaint filed under 1 22 section 135C.37 need not be limited to the matter or matters 1 23 complained of; however. However, the inspection shall not be 1 24 a general inspection unless the complaint inspection coincides 1 25 with a scheduled general inspection or unless problems in 1 26 addition to those included in the complaint are visible to the 1 27 inspector and the facility has a history of noncompliance with 1 28 statutory or regulatory requirements. Upon arrival at the 1 29 facility to be inspected, the inspector shall show 1 30 identification to the person in charge of the facility and 1 31 state that an inspection is to be made, before beginning the 1 32 inspection. Upon request of either the complainant or the 1 33 department or committee, the complainant or the complainant's 1 34 representative or both may be allowed the privilege of 1 35 accompanying the inspector during any on-site inspection made 2 1 pursuant to this section. The inspector may cancel the 2 2 privilege at any time if the inspector determines that the 2 3 privacy of any resident of the facility to be inspected would 2 4 otherwise be violated. The dignity of the resident shall be 2 5 given first priority by the inspector and others. 2 6 Sec. 3. RISK-BASED INSPECTIONS. 2 7 1. The department of inspections and appeals shall develop 2 8 and implement a risk-based inspection system for health care 2 9 facilities which are licensed only by the state pursuant to 2 10 chapter 135C. The risk-based system shall be used in 2 11 inspections of health care facilities beginning with the first 2 12 inspection of the facility subsequent to the inspection of 2 13 that facility during the period of July 1, 1995, through 2 14 December 31, 1997. 2 15 2. The department of inspections and appeals shall submit 2 16 all of the following to the joint appropriations subcommittee 2 17 on oversight, audit, and government reform, to the governor, 2 18 and to the legislative fiscal bureau: 2 19 a. On or before August 1, 1996, a report which includes 2 20 all of the following: 2 21 (1) The survey and complaint activities completed in 2 22 fiscal year 1995-1996 for health care facilities licensed only 2 23 by the state. 2 24 (2) The criteria to be used in the risk-based inspections 2 25 system. 2 26 b. On or before February 1, 1997, an interim report, and 2 27 on or before February 1, 1998, a final report regarding the 2 28 progress of the risk-based inspections system. 2 29 Any of the reports submitted may also include such 2 30 additional information as requested by the joint 2 31 appropriations subcommittee on oversight, audit, and 2 32 government reform and may contain recommendations by the 2 33 department of inspections and appeals of legislative action or 2 34 program change. 2 35 EXPLANATION 3 1 This bill provides for changes in the inspection of health 3 2 care facilities which are licensed only by the state pursuant 3 3 to chapter 135C. The bill provides that the general 3 4 unannounced inspections which are currently performed at least 3 5 once during a 15-month period are now to be performed at least 3 6 once during a 30-month period. The bill also provides that an 3 7 inspection performed in response to a complaint filed may be a 3 8 general inspection if problems in addition to those included 3 9 in the complaint are visible to the inspector and the facility 3 10 has a prior history of noncompliance with statutory or 3 11 regulatory requirements. The bill also requires the 3 12 department of inspections and appeals to develop and implement 3 13 a risk-based inspection system, to be implemented during the 3 14 general inspection performed on a health care facility 3 15 subsequent to the general inspection performed during the 3 16 period of July 1, 1995, through December 31, 1997. The bill 3 17 requires the department of inspections and appeals to submit 3 18 both interim and final reports regarding the risk-based 3 19 inspection program to the joint appropriations subcommittee on 3 20 oversight, audit, and government reform, to the governor, and 3 21 to the legislative fiscal bureau at times specified in the 3 22 bill. 3 23 LSB 4415SC 76 3 24 pf/cf/24
Text: SSB02352 Text: SSB02354 Text: SSB02300 - SSB02399 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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