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Text: SSB00164                          Text: SSB00166
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Senate Study Bill 165

Bill Text

PAG LIN
  1  1    Section 1.  Section 135C.16, subsection 1, Code 1997, is
  1  2 amended to read as follows:
  1  3    1.  In addition to the inspections required by sections
  1  4 135C.9 and 135C.38, the department shall make or cause to be
  1  5 made such further unannounced inspections as it deems
  1  6 necessary to adequately enforce this chapter.  At least one
  1  7 general unannounced inspection shall be conducted for each
  1  8 health care facility within a fifteen-month thirty-month
  1  9 period.  The inspector shall show identification to the person
  1 10 in charge of the facility and state that an inspection is to
  1 11 be made before beginning the inspection.  An employee of the
  1 12 department who gives unauthorized advance notice of an
  1 13 inspection made or planned to be made under this subsection or
  1 14 section 135C.38 shall be disciplined as determined by the
  1 15 director, except that if the employee is employed pursuant to
  1 16 the merit system provisions of chapter 19A the discipline
  1 17 shall not exceed the discipline authorized pursuant to that
  1 18 chapter.
  1 19    Sec. 2.  Section 135C.38, subsection 3, Code 1997, is
  1 20 amended to read as follows:
  1 21    3.  An inspection made pursuant to a complaint filed under
  1 22 section 135C.37 need not be limited to the matter or matters
  1 23 complained of; however However, the inspection shall not be a
  1 24 general inspection unless the complaint inspection coincides
  1 25 with a scheduled general inspection or unless problems in
  1 26 addition to those included in the complaint are visible to the
  1 27 inspector.  Upon arrival at the facility to be inspected, the
  1 28 inspector shall show identification to the person in charge of
  1 29 the facility and state that an inspection is to be made,
  1 30 before beginning the inspection. Upon request of either the
  1 31 complainant or the department or committee, the complainant or
  1 32 the complainant's representative or both may be allowed the
  1 33 privilege of accompanying the inspector during any on-site
  1 34 inspection made pursuant to this section. The inspector may
  1 35 cancel the privilege at any time if the inspector determines
  2  1 that the privacy of any resident of the facility to be
  2  2 inspected would otherwise be violated.  The dignity of the
  2  3 resident shall be given first priority by the inspector and
  2  4 others.
  2  5    Sec. 3.  RISK-BASED INSPECTIONS.
  2  6    1.  The department of inspections and appeals shall develop
  2  7 and implement a risk-based inspections system for health care
  2  8 facilities which are licensed only by the state pursuant to
  2  9 chapter 135C.  The risk-based system shall be used in
  2 10 inspections of health care facilities beginning with the first
  2 11 inspection of the facility subsequent to the inspection of
  2 12 that facility during the period July 1, 1995, through December
  2 13 31, 1997.
  2 14    2.  The department of inspections and appeals shall submit
  2 15 all of the following to the joint appropriations subcommittee
  2 16 on oversight, audit, and government reform, to the governor,
  2 17 and to the legislative fiscal bureau:
  2 18    a.  On or before August 1, 1997, a report which includes
  2 19 all of the following:
  2 20    (1)  The criteria to be used in the risk-based inspections
  2 21 system.
  2 22    (2)  The survey and complaint activities completed in
  2 23 fiscal year 1995-1996 and fiscal year 1996-1997 for health
  2 24 care facilities licensed only by the state.
  2 25    b.  On or before February 1, 1998, an interim report, and
  2 26 on or before February 1, 1999, a final report, regarding the
  2 27 progress of the risk-based inspections system.
  2 28    Any of the reports submitted may also include such
  2 29 additional information as requested by the joint
  2 30 appropriations subcommittee on oversight, audit, and
  2 31 government reform and may contain recommendations by the
  2 32 department of inspections and appeals of legislative action or
  2 33 program change.  
  2 34                           EXPLANATION
  2 35    This bill makes changes in the health care facilities
  3  1 chapter of the Code.
  3  2    Section 1 of the bill revises the period during which at
  3  3 least one general inspection of a health care facility must be
  3  4 made by the department of inspections and appeals from at
  3  5 least during every 15-month period to at least during every
  3  6 30-month period.
  3  7    Section 2 of the bill provides that an inspection performed
  3  8 in response to a complaint may be expanded beyond the
  3  9 complaint if problems in addition to those included in the
  3 10 complaint are visible to the inspector.
  3 11    Section 3 of the bill requires the department of
  3 12 inspections and appeals to develop and implement a risk-based
  3 13 inspection system, to be implemented during the general
  3 14 inspection of a health care facility subsequent to the general
  3 15 inspection performed during the period beginning July 1, 1995,
  3 16 through December 31, 1997.  The bill also requires the
  3 17 department to submit interim and final reports regarding the
  3 18 risk-based inspections system to the joint appropriations
  3 19 subcommittee on oversight, audit, and government reform, to
  3 20 the governor and to the legislative fiscal bureau at times
  3 21 specified in the bill.  
  3 22 LSB 1859DP 77
  3 23 pf/sc/14
     

Text: SSB00164                          Text: SSB00166
Text: SSB00100 - SSB00199               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

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