Text: SF02073 Text: SF02075 Text: SF02000 - SF02099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 135C.20A REPORT CARDS – 1 2 FACILITY INSPECTIONS – COMPLAINT PROCEDURES – AVAILABILITY 1 3 TO PUBLIC – ELECTRONIC ACCESS. 1 4 1. The department shall develop and utilize a report card 1 5 system for the recording of the findings of any inspection of 1 6 a health care facility. The report card shall include but is 1 7 not limited to a summary of the findings of the inspection, 1 8 any violation found, any enforcement action taken including 1 9 any citations issued and penalties assessed, any actions taken 1 10 to correct violations or deficiencies, and the nature and 1 11 status of any action taken with respect to any uncorrected 1 12 violation for which a citation is outstanding. 1 13 2. The report card form shall be developed by the 1 14 department in cooperation with representatives of the 1 15 department of elder affairs, the state long-term care 1 16 resident's advocate, representatives of care review 1 17 committees, representatives of protection and advocacy 1 18 entities, consumers, and other interested persons. 1 19 3. The department shall make any completed report cards 1 20 electronically accessible to the public, on a monthly basis, 1 21 and shall compile the report cards on an annual basis and make 1 22 the compilation electronically accessible to the public. The 1 23 annual compilation shall also be available at the office of 1 24 the department at the seat of government. 1 25 4. The department shall make a continuing effort to inform 1 26 the public of the appropriate procedure to be followed by any 1 27 person who believes that a complaint against a health care 1 28 facility is justified and should be made under section 1 29 135C.37. The electronically accessible site which provides 1 30 public access to completed report cards shall also include 1 31 information regarding the appropriate procedures to be 1 32 followed in registering a complaint against a health care 1 33 facility. 1 34 Sec. 2. Section 135C.36, Code 1997, is amended to read as 1 35 follows: 2 1 135C.36 VIOLATIONS CLASSIFIED – PENALTIES. 2 2 Every violation by a health care facility of any provision 2 3 of this chapter or of the rules adopted pursuant to it shall 2 4 be classified by the department in accordance with this 2 5 section. The department shall adopt and may from time to time 2 6 modify, in accordance with chapter 17A rules setting forth so 2 7 far as feasible the specific violations included in each 2 8 classification and stating criteria for the classification of 2 9 any violation not so listed. The rules adopted relating to 2 10 the criteria used in determining which class of violation will 2 11 be designated in a citation, when more than one class is 2 12 specified in the notation following the rule, shall be in the 2 13 form of a grid and points system which is based on the 2 14 consideration of four factors: the harm resulting from the 2 15 violation, the frequency of the violation, the history of the 2 16 facility, and the duration of the violation. 2 17 1. A Class I violation is one which presents an imminent 2 18 danger or a substantial probability of resultant death or 2 19 physical harm to the residents of the facility in which the 2 20 violation occurs. A physical condition or one or more 2 21 practices in a facility may constitute a Class I violation. A 2 22 Class I violation shall be abated or eliminated immediately 2 23 unless the department determines that a stated period of time, 2 24 specified in the citation issued under section 135C.40, is 2 25 required to correct the violation. A licensee is subject to a 2 26 penalty of not less than two thousand nor more than ten 2 27 thousand dollars for each Class I violation for which the 2 28 licensee's facility is cited. However, if the violation 2 29 results in the death of a resident, the licensee is subject to 2 30 a penalty of not less than five thousand dollars nor more than 2 31 ten thousand dollars for each such class I violation for which 2 32 the licensee's facility is cited. 2 33 2. A Class II violation is one which has a direct or 2 34 immediate relationship to the health, safety or security of 2 35 residents of a health care facility, but which presents no 3 1 imminent danger nor substantial probability of death or 3 2 physical harm to them. A physical condition or one or more 3 3 practices within a facility, including either physical abuse 3 4 of any resident or failure to treat any resident with 3 5 consideration, respect and full recognition of the resident's 3 6 dignity and individuality, in violation of a specific rule 3 7 adopted by the department, may constitute a Class II 3 8 violation. A violation of section 135C.14, subsection 8, or 3 9 section 135C.31 and rules adopted under those sections shall 3 10 be at least a Class II violation and may be a Class I 3 11 violation. A Class II violation shall be corrected within a 3 12 stated period of time determined by the department and 3 13 specified in the citation issued under section 135C.40. The 3 14 stated period of time specified in the citation may 3 15 subsequently be modified by the department for good cause 3 16 shown. A licensee is subject to a penalty of not less than 3 17onefive hundred nor more thanfiveone thousand nine hundred 3 18 ninety-nine dollars for each Class II violation for which the 3 19 licensee's facility is cited, however the director may waive 3 20 the penalty if the violation is corrected within the time 3 21 specified in the citation. 3 22 3. A Class III violation is any violation of this chapter 3 23 or of the rules adopted pursuant to it which violation is not 3 24 classified in the department's rules nor classifiable under 3 25 the criteria stated in those rules as a Class I or a Class II 3 26 violation. A licenseeshall not beis subject to a penalty of 3 27 not less than one hundred nor more than four hundred ninety- 3 28 nine dollars foraeach Class III violation, except as3 29provided by section 135C.40, subsection 1 for failure to3 30correct the violation within a reasonable time specified by3 31the department in the notice of the violationfor which the 3 32 licensee's facility is cited. However, the director may waive 3 33 the penalty if the violation is corrected within the time 3 34 specified in the citation. 3 35 Sec. 3. Section 135C.40, subsection 1, Code 1997, is 4 1 amended to read as follows: 4 2 1. If the director determines, based on the findings of an 4 3 inspection or investigation of a health care facility, that 4 4 the facility is in violation of this chapter or rules adopted 4 5 under this chapter, the director within five working days 4 6 after making the determination, may issue a written citation 4 7 to the facility. The citation shall be served upon the 4 8 facility personally or by certified mail, except that a4 9citation for a Class III violation may be sent by ordinary4 10violation cited, and for eachClass II, or Class III 4 30 violation, unless the citation specifically waives the 4 31 penalty, which funds shall be paid by the department into the 4 32 state treasury and credited to the general fund; or. 4 33 b. In the case of a Class II or a Class III violation for 4 34 which the penalty has been waived in accordance with the 4 35 standards prescribed in section 135C.36, subsection 2 or 3,or5 1a Class III violation,send to the department a written 5 2 response acknowledging that the citation has been received and 5 3 stating that the violation will be corrected within the 5 4 specific period of time allowed by the citation; or. 5 5 Sec. 5. Section 135C.44, Code 1997, is amended to read as 5 6 follows: 5 7 135C.44 TREBLE FINES FOR REPEATED VIOLATIONS. 5 8 The penalties authorized by section 135C.36 shall be 5 9 trebled for a second or subsequent Class I,orClass II, or 5 10 Class III violation occurring within any twelve-month period 5 11 if a citation was issued for the same Class I,orClass II, or 5 12 Class III violation occurring within that period and a penalty 5 13 was assessedthereforfor the violation. 5 14 Sec. 6. GOVERNOR'S AWARD FOR QUALITY CARE. The office of 5 15 the governor shall establish a process for determining the 5 16 recipient of an award for quality care to be awarded to a 5 17 health care facility in the state, annually, which 5 18 demonstrates the provision of the highest quality care to the 5 19 facility's residents. The process may include the receipt of 5 20 nominations from residents, residents' advocates, facility 5 21 staff, consumers, or other interested parties. In determining 5 22 the recipient of the award, the record of the facility in 5 23 complying with the requirements of this chapter shall also be 5 24 considered. 5 25 Sec. 7. APPROPRIATION. There is appropriated from the 5 26 general fund of the state for the fiscal year beginning July 5 27 1, 1998, and ending June 30, 1999, the following amount, or so 5 28 much thereof as is necessary, for the following purpose: 5 29 To the department of inspections and appeals for additional 5 30 full-time equivalent positions, development, and training for 5 31 health facility regulation and inspection: 5 32 .................................................. $ 5,000,000 5 33 Sec. 8. Sections 135C.47 and 135C.48, Code 1997, are 5 34 repealed. 5 35 EXPLANATION 6 1 This bill provides changes in the law relating to the 6 2 regulation of health care facilities. 6 3 The bill directs the department of inspections and appeals 6 4 to establish a report card system for the recording of the 6 5 results of inspections of health care facilities including a 6 6 summary of the findings of the inspection, any violation 6 7 found, any enforcement action taken including any citations 6 8 issued and penalties assessed, any actions taken to correct 6 9 violations or deficiencies, and the nature and status of any 6 10 action taken with respect to any uncorrected violation for 6 11 which a citation is outstanding. The report card form is to 6 12 be developed by the department of inspections and appeals in 6 13 cooperation with various interested persons. The completed 6 14 report cards are to be made electronically accessible to the 6 15 public on a monthly basis and the department is directed to 6 16 compile the report cards on an annual basis and make the 6 17 compilation available in its office at the seat of government 6 18 and also electronically. The department is also directed to 6 19 make continuing efforts to inform the public of procedures for 6 20 registering a complaint against a health care facility and 6 21 this information is also to be made electronically accessible 6 22 to the public. 6 23 The bill increases or changes the application of the 6 24 penalties for the three levels of violations by a health care 6 25 facility. The penalty for a Class I violation, which is one 6 26 which presents an imminent danger or a substantial probability 6 27 of resultant death or physical harm to the residents, is 6 28 changed to provide that if the violation results in the death 6 29 of a resident, the penalty is a minimum of $5,000 and not more 6 30 than $10,000 per violation. The current provision provides 6 31 for a penalty of a minimum of $2,000 and a maximum of $10,000. 6 32 The penalty for a Class II violation, which is one which has a 6 33 direct or immediate relationship to the health, safety, or 6 34 security of residents of a health care facility but which 6 35 presents no imminent danger nor substantial probability of 7 1 death or physical harm to them, is increased from a minimum of 7 2 $100 and a maximum of $500 to a minimum of $500 and a maximum 7 3 of $1,999. For a Class III violation, for which a monetary 7 4 penalty is not currently imposed unless a violation goes 7 5 uncorrected, a penalty of a minimum of $100 and a maximum of 7 6 $499 is imposed. The bill makes conforming changes in other 7 7 sections of the Code to reflect the imposition of a fine for a 7 8 Class III violation. The bill also provides for the imposing 7 9 of treble fines for Class III violations as well as Class I 7 10 and Class II violations when a second or subsequent violation 7 11 occurs within any 12-month period if the citation is issued 7 12 for the same violation and a penalty was assessed. 7 13 The bill establishes a governor's award for quality care to 7 14 be awarded to a health care facility, annually, which 7 15 demonstrates the provision of the highest quality care to the 7 16 facility's residents, and provides for an appropriation of $5 7 17 million to the department of inspections and appeals for 7 18 staffing, development, and training relating to health care 7 19 facility regulation. The bill repeals two Code sections, the 7 20 substance of which are incorporated into the bill in the 7 21 portion relating to public access to information and report 7 22 cards. 7 23 LSB 3549SS 77 7 24 pf/cf/24
Text: SF02073 Text: SF02075 Text: SF02000 - SF02099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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