Iowa General Assembly Banner


Text: HSB00198                          Text: HSB00200
Text: HSB00100 - HSB00199               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index



House Study Bill 199

Bill Text

PAG LIN
  1  1    Section 1.  Section 135B.4, Code 1997, is amended by
  1  2 striking the section and inserting in lieu thereof the
  1  3 following:
  1  4    135B.4  LICENSES – APPLICATION, FEES, ISSUANCE, AND
  1  5 RENEWAL.
  1  6    1.  Licenses shall be obtained from the department.
  1  7 Applications shall be upon forms and shall contain information
  1  8 as the department may require, which may include affirmative
  1  9 evidence of ability to comply with standards and rules
  1 10 prescribed under this chapter.  Each application for license
  1 11 shall be accompanied by the license fee, which shall be
  1 12 deposited in the general fund.
  1 13    2.  Each hospital shall pay an initial license fee of fifty
  1 14 dollars.
  1 15    3.  Licenses shall be renewed annually.  The annual license
  1 16 renewal fee is fifty dollars for each hospital.
  1 17    4.  Licenses shall be general, specific, or restricted in
  1 18 form.  Each license shall be issued only for the premises and
  1 19 persons or governmental units approved by the department and
  1 20 is not transferable or assignable except with the written
  1 21 approval of the department.  Licenses shall be posted in a
  1 22 conspicuous place on the licensed premises as prescribed by
  1 23 rule of the department.
  1 24    Sec. 2.  Section 135B.5, Code 1997, is amended by striking
  1 25 the section and inserting in lieu thereof the following:
  1 26    135B.5  INSPECTION FEES.
  1 27    1.  In addition to the license fee prescribed pursuant to
  1 28 section 135B.4, each hospital not accredited by the joint
  1 29 commission on the accreditation of health care organizations
  1 30 or the American osteopathic association shall pay an
  1 31 inspection fee for each licensing inspection, not including
  1 32 follow up visits and complaint investigations, conducted for
  1 33 the hospital during a license period.
  1 34    2.  a.  For the fiscal year July 1, 1997, through June 30,
  1 35 1998, the inspection fee for each nonaccredited hospital
  2  1 inspected during a license period is seven hundred dollars.
  2  2    b.  For the fiscal year July 1, 1998, through June 30,
  2  3 1999, and each fiscal year thereafter, the inspection fee
  2  4 shall be adjusted annually to reflect the actual state costs
  2  5 for all inspections conducted the previous fiscal year divided
  2  6 by the number of inspections conducted.  The department shall
  2  7 receive approval from the hospital licensing board of the
  2  8 adjusted fee prior to notifying each nonaccredited hospital.
  2  9 Each nonaccredited hospital shall be notified of the adjusted
  2 10 inspection fee annually by October 1.
  2 11    3.  The hospital receiving the inspection shall remit the
  2 12 inspection fee to the department within ten days following
  2 13 receipt of the inspection report.
  2 14    4.  The inspection fees collected shall be deposited in the
  2 15 general fund of the state.
  2 16    Sec. 3.  Section 135C.36, subsection 2, Code 1997, is
  2 17 amended to read as follows:
  2 18    2.  A Class II violation is one which has a direct or
  2 19 immediate relationship to the health, safety or security of
  2 20 residents of a health care facility, but which presents no
  2 21 imminent danger nor substantial probability of death or
  2 22 physical harm to them. A physical condition or one or more
  2 23 practices within a facility, including either physical abuse
  2 24 of any resident or failure to treat any resident with
  2 25 consideration, respect and full recognition of the resident's
  2 26 dignity and individuality, in violation of a specific rule
  2 27 adopted by the department, may constitute a Class II
  2 28 violation.  A violation of section 135C.14, subsection 8, or
  2 29 section 135C.31 and rules adopted under those sections shall
  2 30 be at least a Class II violation and may be a Class I
  2 31 violation.  A Class II violation shall be corrected within a
  2 32 stated period of time determined by the department and
  2 33 specified in the citation issued under section 135C.40.  The
  2 34 stated period of time specified in the citation may
  2 35 subsequently be modified by the department for good cause
  3  1 shown. A licensee is subject to a penalty of not less than one
  3  2 hundred nor more than five hundred two thousand dollars for
  3  3 each Class II violation for which the licensee's facility is
  3  4 cited, however the director may waive the penalty if the
  3  5 violation is corrected within the time specified in the
  3  6 citation.  
  3  7                           EXPLANATION
  3  8    This bill makes changes in the hospitals and health care
  3  9 facilities chapters of the Code.
  3 10    Sections 1 and 2 of the bill revise the licensing and
  3 11 inspection fees for hospitals.  The initial licensing fee for
  3 12 hospitals is revised to $50 for all hospitals in place of the
  3 13 current fees, based on the number of beds in the hospital,
  3 14 ranging from $15 to $50.  Additionally, the annual renewal
  3 15 licensing fee is increased from $10 to $50.  The bill also
  3 16 establishes a new inspection fee for all hospitals not
  3 17 accredited by the Joint Commission on Accreditation of Health
  3 18 Care Organizations (JCAHO) or the American Osteopathic
  3 19 Association (AOA).  The fee is $700 for the fiscal year
  3 20 beginning July 1, 1997, and is to be adjusted based upon the
  3 21 actual state cost of inspections performed in the previous
  3 22 fiscal year.  The adjusted fee must be approved by the
  3 23 hospital licensing board and notice must be provided to all
  3 24 hospitals by October 1 of each state fiscal year.
  3 25    Section 3 of the bill revises the maximum penalty for a
  3 26 Class II violation, which is one which has a direct or
  3 27 immediate relationship to the health, safety, or security of
  3 28 residents of a health care facility but which presents no
  3 29 imminent danger or substantial probability of death or
  3 30 physical harm to them.  The maximum penalty is increased from
  3 31 $500 to $2,000.  
  3 32 LSB 1273DP 77
  3 33 pf/sc/14.1
     

Text: HSB00198                          Text: HSB00200
Text: HSB00100 - HSB00199               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

Return To Home Iowa General Assembly

index Search: House Bills and Amendments (77th General Assembly)

© 1997 Cornell College and League of Women Voters of Iowa


Comments about this site or page? webmaster@legis.iowa.gov. Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.

Last update: Tue Mar 4 03:41:28 CST 1997
URL: /DOCS/GA/77GA/Legislation/HSB/00100/HSB00199/970303.html
jhf