Text: S05283                            Text: S05285
Text: S05200 - S05299                   Text: S Index
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Senate Amendment 5284

Amendment Text

PAG LIN
  1  1    Amend House File 2275, as amended, passed, and
  1  2 reprinted by the House, as follows:
  1  3    #1.  Page 1, by inserting after line 26, the
  1  4 following:
  1  5    "___.  In addition to the monthly and annual
  1  6 compilations, the department shall provide
  1  7 compilations of the report cards on a cumulative
  1  8 basis.  The cumulative compilation shall reflect the
  1  9 report cards of health care facilities during the
  1 10 three-year period prior to the production of the
  1 11 cumulative compilation.  The cumulative compilation
  1 12 shall be applicable to a particular health care
  1 13 facility as a three-year report card history of that
  1 14 facility becomes available and shall include the
  1 15 status of any action taken by the health care facility
  1 16 pursuant to any citation or complaint.  The cumulative
  1 17 compilation shall be available to the public in the
  1 18 same manner as the annual compilation."
  1 19    #2.  Page 3, line 29, by inserting after the word
  1 20 "record" the following:  "check".
  1 21    #3.  Page 3, by inserting after line 35 the
  1 22 following:
  1 23    "6.  Beginning July 1, 1998, this section shall
  1 24 apply to employees of home health agencies under
  1 25 chapter 135M.
  1 26    Sec. ___.  NEW SECTION.  135M.1  DEFINITIONS.
  1 27    As used in this chapter, unless the context
  1 28 otherwise requires:
  1 29    1.  "Caregiver" means an individual operating or
  1 30 employed by a home health agency who provides direct
  1 31 health, social, personal care, or other services to an
  1 32 individual in the individual's own home.
  1 33    2.  "Department" means the department of
  1 34 inspections and appeals.
  1 35    3.  "Home health agency" means a person who
  1 36 provides health, social, personal care, or other
  1 37 services to an individual in the individual's home for
  1 38 a fee, with the exception of a person related to the
  1 39 individual receiving the services within the fourth
  1 40 degree of consanguinity.
  1 41    Sec. ___.  NEW SECTION.  135M.2  CERTIFICATION –
  1 42 CRITERIA – INSPECTION – PENALTY – SUSPENSION OR
  1 43 REVOCATION.
  1 44    1.  A person establishing, operating, or
  1 45 maintaining a home health agency in this state shall
  1 46 receive certification from the department prior to
  1 47 providing services.
  1 48    2.  The requirements for certification established
  1 49 by the department shall include, but are not limited
  1 50 to, all of the following:
  2  1    a.  The home health agency declares that the agency
  2  2 will employ only caregivers who have been approved by
  2  3 the department of human services following a records
  2  4 check pursuant to section 135C.33.
  2  5    b.  The home health agency declares that each
  2  6 caregiver employed by the agency will complete the
  2  7 required number of hours of clinical training
  2  8 established by the department in cooperation with the
  2  9 department of human services and the Iowa department
  2 10 of public health, prior to providing in-home services.
  2 11    c.  The home health agency provides the department
  2 12 with the names, addresses, and telephone numbers of
  2 13 all officers and directors of the agency.
  2 14    d.  The home health care agency posts a bond in the
  2 15 amount required by rule of the department, or in the
  2 16 alternative, provides annual proof of insurance in the
  2 17 amount required by rule of the department to cover
  2 18 errors and omissions of all caregivers employed by the
  2 19 agency.
  2 20    e.  The home health agency agrees to provide all
  2 21 clients, by notice in a conspicuous manner, with
  2 22 information regarding complaints filed against the
  2 23 agency and the information shall also be included in
  2 24 any contract for services entered into by the agency.
  2 25    3.  The department shall make or be responsible for
  2 26 inspections of the home health agency and the care
  2 27 provided by the home health agency before a
  2 28 certificate is issued and periodically after the
  2 29 initial inspection.
  2 30    4.  A person who establishes, operates, or
  2 31 maintains a home health agency in this state without
  2 32 prior certification is guilty of a serious
  2 33 misdemeanor.  Each day of continuing violation after
  2 34 conviction or notice by the department by certified
  2 35 mail of a violation is considered a separate offense.
  2 36 Any person establishing, operating, or maintaining a
  2 37 home health agency without prior certification may be
  2 38 permanently enjoined from such activity in any action
  2 39 brought by the state.
  2 40    5.  The department may suspend or revoke
  2 41 certification if the department determines there is
  2 42 failure of the home health agency to comply with this
  2 43 chapter or the rules adopted under this chapter.  The
  2 44 suspension or revocation may be appealed under chapter
  2 45 17A.  The department may reissue certification
  2 46 following suspension or revocation after the home
  2 47 health agency corrects the conditions upon which the
  2 48 suspension or revocation was based.
  2 49    6.  This chapter shall not be construed to prohibit
  2 50 a person who is not certified under this chapter from
  3  1 providing home health care services if the person does
  3  2 not hold the person out to be a certified home health
  3  3 agency.
  3  4    Sec. ___.  NEW SECTION.  135M.3  RECORD – AUDIT.
  3  5    1.  A home health agency shall maintain complete
  3  6 and accurate records of all services provided to
  3  7 clients or customers, including the names of
  3  8 caregivers employed by the agency, the dates and times
  3  9 of services provided, and billing statements and
  3 10 payment records.  Such information shall be maintained
  3 11 for a five-year period.
  3 12    2.  A home health agency shall submit to periodic
  3 13 audit by the department and shall fully cooperate in
  3 14 providing all requested information and records.
  3 15    Sec. ___.  NEW SECTION.  135M.4  RULES.
  3 16    The department in cooperation with the department
  3 17 of human services and the Iowa department of public
  3 18 health shall adopt rules, in accordance with chapter
  3 19 17A, to enforce this chapter.  The rules adopted shall
  3 20 include, but are not limited to, those establishing
  3 21 minimum standards for home health agencies to comply
  3 22 with this chapter and those establishing standards of
  3 23 care for the treatment and care of clients and
  3 24 customers.  The rules shall also establish the
  3 25 duration of and the fee for certification."
  3 26    #4.  Title page, line 1, by inserting after the
  3 27 word "including" the following:  "home health agencies
  3 28 and".
  3 29    #5.  Title page, line 4, by inserting after the
  3 30 word "inspections" the following:  ", providing
  3 31 penalties,".
  3 32    #6.  By renumbering as necessary.  
  3 33 
  3 34 
  3 35                               
  3 36 COMMITTEE ON HUMAN RESOURCES
  3 37 NANCY BOETTGER, Chairperson
  3 38 HF 2275.502 77
  3 39 pf/jw/28
     

Text: S05283                            Text: S05285
Text: S05200 - S05299                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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