Text: SF00235 Text: SF00237 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 SENATE FILE 236 1 2 1 3 AN ACT 1 4 RELATING TO THE CERTIFICATE OF NEED PROGRAM. 1 5 1 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 7 1 8 Section 1. Section 135.61, subsection 14, Code 1997, is 1 9 amended to read as follows: 1 10 14. "Institutional health facility" means any of the 1 11 following, without regard to whether the facilities referred 1 12 to are publicly or privately owned or are organized for profit 1 13 or not or whether the facilities are part of or sponsored by a 1 14 health maintenance organization: 1 15 a. A hospital. 1 16 b. A health care facility. 1 17c. A kidney disease treatment center, including any1 18freestanding hemodialysis unit but not including any home1 19hemodialysis unit.1 20dc. An organized outpatient health facility. 1 21ed. An outpatient surgical facility. 1 22fe. A community mental health facility. 1 23gf. A birth center. 1 24 Sec. 2. Section 135.61, subsection 18, paragraphs c, e, 1 25 and g through m, Code 1997, are amended to read as follows: 1 26 c. Any capital expenditure, lease, or donation by or on 1 27 behalf of an institutional health facility in excess ofeight1 28 one million five hundred thousand dollars within a twelve- 1 29 month period. 1 30 e. Any expenditure in excess ofthreefive hundred 1 31 thousand dollars by or on behalf of an institutional health 1 32 facility for health services which are or will be offered in 1 33 or through an institutional health facility at a specific time 1 34 but which were not offered on a regular basis in or through 1 35 that institutional health facility within the twelve-month 2 1 period prior to that time. 2 2 g. Any acquisition by or on behalf of a health care 2 3 provider or a group of health care providers of any piece of 2 4 replacement equipment with a value in excess offourone 2 5 million five hundred thousand dollars, whether acquired by 2 6 purchase, lease, or donation. 2 7 h. Any acquisition by or on behalf of a health care 2 8 provider or group of health care providers of any piece of 2 9 equipment with a value in excess ofthreeone million five 2 10 hundred thousand dollars, whether acquired by purchase, lease, 2 11 or donation, which results in the offering or development of a 2 12 health service not previously provided. A mobile service 2 13 provided on a contract basis is not considered to have been 2 14 previously provided by a health care provider or group of 2 15 health care providers. 2 16 i. Any acquisition by or on behalf of an institutional 2 17 health facility or a health maintenance organization of any 2 18 piece of replacement equipment with a value in excess offour2 19 one million five hundred thousand dollars, whether acquired by 2 20 purchase, lease, or donation. 2 21 j. Any acquisition by or on behalf of an institutional 2 22 health facility or health maintenance organization of any 2 23 piece of equipment with a value in excess ofthreeone million 2 24 five hundred thousand dollars, whether acquired by purchase, 2 25 lease, or donation, which results in the offering or 2 26 development of a health service not previously provided. A 2 27 mobile service provided on a contract basis is not considered 2 28 to have been previously provided by an institutional health 2 29 facility. 2 30 k. Any air transportationsystemservice for 2 31 transportation of patients or medical personnel offered 2 32 through an institutional health facility at a specific time 2 33 but which was not offered on a regular basis in or through 2 34 that institutional health facility within the twelve-month 2 35 period prior to the specific time. 3 1 l. Any mobile health service with a value in excess of 3 2threeone million five hundred thousand dollars. 3 3 m. Any of the following: 3 4 (1) Cardiac catheterization service. 3 5 (2) Open heart surgical service. 3 6 (3) Organ transplantation service. 3 7 (4) Radiation therapy service applying ionizing radiation 3 8 for the treatment of malignant disease using megavoltage 3 9 external beam equipment. 3 10 Sec. 3. Section 135.62, subsection 2, paragraph c, Code 3 11 1997, is amended to read as follows: 3 12 c. MEETINGS. The council shall hold an organizational 3 13 meeting in July of each odd-numbered year, or as soon 3 14 thereafter as the new appointee or appointees are confirmed 3 15 and have qualified. Other meetings shall be heldat least3 16once each month, and may be held more frequently ifas 3 17 necessary to enable the council to expeditiously discharge its 3 18 duties. Meeting dates shall be set upon adjournment or by 3 19 call of the chairperson upon five days' notice to the other 3 20 members. Each member of the council shall receive a per diem 3 21 as specified in section 7E.6 and reimbursement for actual 3 22 expenses while engaged in official duties. 3 23 Sec. 4. Section 135.63, subsection 1, Code 1997, is 3 24 amended to read as follows: 3 25 1. A new institutional health service or changed 3 26 institutional health service shall not be offered or developed 3 27 in this state without prior application to the department for 3 28 and receipt of a certificate of need, pursuant to this 3 29 division. The application shall be made upon forms furnished 3 30 or prescribed by the department and shall contain such 3 31 information as the department may require under this division. 3 32 The application shall be accompanied by a fee equivalent to 3 33 three-tenths of one percent of the anticipated cost of the 3 34 project with a minimum fee of six hundred dollars and a 3 35 maximum fee of twenty-one thousand dollars. The fee shall be 4 1 remitted by the department to the treasurer of state, who 4 2 shall place it in the general fund of the state. If an 4 3 application is voluntarily withdrawn within thirty calendar 4 4 days after submission, seventy-five percent of the application 4 5 fee shall be refunded; if the application is voluntarily 4 6 withdrawn more than thirty but within sixty days after 4 7 submission, fifty percent of the application fee shall be 4 8 refunded; if the application is withdrawn voluntarily more 4 9 than sixty days after submission, twenty-five percent of the 4 10 application fee shall be refunded. Notwithstanding the 4 11 required payment of an application fee under this subsection, 4 12 an applicant for a new institutional health service or a 4 13 changed institutional health service offered or developed by 4 14 an intermediate care facility for persons with mental 4 15 retardation or an intermediate care facility for persons with 4 16 mental illness as defined pursuant to section 135C.1 is exempt 4 17 from payment of the application fee. 4 18 Sec. 5. Section 135.63, subsection 2, paragraph a, Code 4 19 1997, is amended to read as follows: 4 20 a. Private offices and private clinics of an individual 4 21 physician, dentist, or other practitioner or group of health 4 22 care providers, except as provided by section 135.61, 4 23 subsection 18, paragraphs "g",and"h", and "m", and 4 24 subsections 20 and 21. 4 25 Sec. 6. Section 135.63, subsection 2, Code 1997, is 4 26 amended by adding the following new paragraphs: 4 27 NEW PARAGRAPH. j. The construction, modification, or 4 28 replacement of nonpatient care services, including parking 4 29 facilities, heating, ventilation and air conditioning systems, 4 30 computers, telephone systems, medical office buildings, and 4 31 other projects of a similar nature, notwithstanding any 4 32 provision in this division to the contrary. 4 33 NEW PARAGRAPH. k. The redistribution of beds by a 4 34 hospital within the acute care category of bed usage, 4 35 notwithstanding any provision in this division to the 5 1 contrary, if all of the following conditions exist: 5 2 (1) The hospital reports to the department the number and 5 3 type of beds to be redistributed on a form prescribed by the 5 4 department at least thirty days before the redistribution. 5 5 (2) The hospital reports the new distribution of beds on 5 6 its next annual report to the department. 5 7 If these conditions are not met, the redistribution of beds 5 8 by the hospital is subject to review as a new institutional 5 9 health service or changed institutional health service 5 10 pursuant to section 135.61, subsection 18, paragraph "d", and 5 11 is subject to sanctions under section 135.73. 5 12 NEW PARAGRAPH. l. The replacement or modernization of any 5 13 institutional health facility if the replacement or 5 14 modernization does not add new health services or additional 5 15 bed capacity for existing health services, notwithstanding any 5 16 provision in this division to the contrary. 5 17 NEW PARAGRAPH. m. Hemodialysis services provided by a 5 18 hospital or freestanding facility, notwithstanding any 5 19 provision in this division to the contrary. 5 20 NEW PARAGRAPH. n. Hospice services provided by a 5 21 hospital, notwithstanding any provision in this division to 5 22 the contrary. 5 23 NEW PARAGRAPH. o. The change in ownership, licensure, 5 24 organizational structure, or designation of the type of 5 25 institutional health facility if the health services offered 5 26 by the successor institutional health facility are unchanged. 5 27 NEW PARAGRAPH. p. The conversion of an existing number of 5 28 beds by an intermediate care facility for persons with mental 5 29 retardation to a smaller facility environment, including but 5 30 not limited to a community-based environment which does not 5 31 result in an increased number of beds, notwithstanding any 5 32 provision in this division to the contrary, including 5 33 subsection 4, if all of the following conditions exist: 5 34 (1) The intermediate care facility for persons with mental 5 35 retardation reports the number and type of beds to be 6 1 converted on a form prescribed by the department at least 6 2 thirty days before the conversion. 6 3 (2) The intermediate care facility for persons with mental 6 4 retardation reports the conversion of beds on its next annual 6 5 report to the department. 6 6 Sec. 7. Section 135.63, subsection 4, unnumbered paragraph 6 7 1, Code 1997, is amended to read as follows: 6 8 For the period beginning July 1, 1995, and ending June 30, 6 919971998, the department shall not process applications for 6 10 and the council shall not consider a new or changed 6 11 institutional health service for an intermediate care facility 6 12 for persons with mental retardation except as provided in this 6 13 subsection. 6 14 Sec. 8. Section 135.63, subsection 4, paragraph a, 6 15 unnumbered paragraph 1, Code 1997, is amended to read as 6 16 follows: 6 17 For the period beginning July 1, 1995, and ending June 30, 6 1819971998, the department and council shall process 6 19 applications and consider applications if either of the 6 20 following conditions are met: 6 21 Sec. 9. Section 135.65, subsection 1, Code 1997, is 6 22 amended to read as follows: 6 23 1. Before applying for a certificate of need, the sponsor 6 24 of a proposed new institutional health service or changed 6 25 institutional health service shall submit to the department a 6 26 letter of intent to offer or develop a service requiring a 6 27 certificate of need. The letter shall be submitted as soon as 6 28 possible after initiation of the applicant's planning process, 6 29 and in any case not less thansixtythirty days before 6 30 applying for a certificate of need and before substantial 6 31 expenditures to offer or develop the service are made. The 6 32 letter shall include a brief description of the proposed new 6 33 or changed service, its location, and its estimated cost. 6 34 Sec. 10. Section 135.71, unnumbered paragraph 1, Code 6 35 1997, is amended to read as follows: 7 1 A certificate of need shall be valid for a maximum of one 7 2 year from the date of issuance. Upon the expiration of the 7 3 certificate, or at any earlier time while the certificate is 7 4 valid the holder thereof shall provide the department such 7 5 information on the development of the project covered by the 7 6 certificate as the department may request. The council shall 7 7 determine at the end of the certification period whether 7 8 sufficient progress is being made on the development of the 7 9 projectand whether there has been compliance with any7 10conditions on which issuance of the certificate was premised. 7 11 The certificate of need may be extended by the council for 7 12 additional periods of time as are reasonably necessary to 7 13 expeditiously complete the project, but may be revoked by the 7 14 council at the end of the first or any subsequent 7 15 certification period for insufficient progress in developing 7 16 the projector noncompliance with any conditions on which7 17issuance of the certificate was premised. 7 18 Sec. 11. REVIEW OF CERTIFICATE OF NEED PROGRAM. 7 19 1. a. The Iowa department of public health shall complete 7 20 a comprehensive review of the certificate of need program and 7 21 shall submit a written report of the findings and 7 22 recommendations as to the continued relevance of the program 7 23 to the general assembly by January 15, 2000. 7 24 b. Four members of the general assembly shall be appointed 7 25 to assist the Iowa department of public health in completing 7 26 the review. The terms of the legislative members shall be for 7 27 one year beginning and ending as provided in section 69.19 or 7 28 until their successors are appointed. Appointments shall 7 29 comply with sections 69.16 and 69.16A. Vacancies shall be 7 30 filled in the same manner as the original appointment. Each 7 31 legislative member shall receive compensation pursuant to 7 32 section 2.10. The legislative members shall be appointed as 7 33 follows: 7 34 (1) Two members of the senate appointed by the majority 7 35 leader of the senate after consultation with the minority 8 1 leader of the senate. 8 2 (2) Two members of the house of representatives appointed 8 3 by the speaker of the house after consultation with the 8 4 majority leader and the minority leader of the house. 8 5 2. The Iowa department of public health, the department of 8 6 human services, and the department of inspections and appeals 8 7 shall conduct a review of the regulation of psychiatric 8 8 medical institutions for children and intermediate care 8 9 facilities for persons with mental retardation. The review 8 10 shall include a review of the moratorium language in section 8 11 135.63, subsection 4, relating to intermediate care facilities 8 12 for persons with mental retardation. The departments shall 8 13 submit jointly to the general assembly by January 15, 1998, a 8 14 written report with recommendations to eliminate duplicative 8 15 regulation of these institutional programs. 8 16 8 17 8 18 8 19 MARY E. KRAMER 8 20 President of the Senate 8 21 8 22 8 23 8 24 RON J. CORBETT 8 25 Speaker of the House 8 26 8 27 I hereby certify that this bill originated in the Senate and 8 28 is known as Senate File 236, Seventy-seventh General Assembly. 8 29 8 30 8 31 8 32 MARY PAT GUNDERSON 8 33 Secretary of the Senate 8 34 Approved , 1997 8 35 9 1 9 2 9 3 TERRY E. BRANSTAD 9 4 Governor
Text: SF00235 Text: SF00237 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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