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