Text: HSB00042                          Text: HSB00044
Text: HSB00000 - HSB00099               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

House Study Bill 43

Bill Text

PAG LIN
  1  1    Section 1.  Section 135C.36, subsection 2, Code 1999, is
  1  2 amended to read as follows:
  1  3    2.  A Class II violation is one which has a direct or
  1  4 immediate relationship to the health, safety or security of
  1  5 residents of a health care facility, but which presents no
  1  6 imminent danger nor substantial probability of death or
  1  7 physical harm to them.  A physical condition or one or more
  1  8 practices within a facility, including either physical abuse
  1  9 of any resident or failure to treat any resident with
  1 10 consideration, respect and full recognition of the resident's
  1 11 dignity and individuality, in violation of a specific rule
  1 12 adopted by the department, may constitute a Class II
  1 13 violation.  A violation of section 135C.14, subsection 8, or
  1 14 section 135C.31 and rules adopted under those sections shall
  1 15 be at least a Class II violation and may be a Class I
  1 16 violation.  A Class II violation shall be corrected within a
  1 17 stated period of time determined by the department and
  1 18 specified in the citation issued under section 135C.40.  The
  1 19 stated period of time specified in the citation may
  1 20 subsequently be modified by the department for good cause
  1 21 shown.  A licensee is subject to a penalty of not less than
  1 22 one hundred nor more than five hundred two thousand dollars
  1 23 for each Class II violation for which the licensee's facility
  1 24 is cited, however the director may waive the penalty if the
  1 25 violation is corrected within the time specified in the
  1 26 citation.
  1 27    Sec. 2.  Section 135C.38, subsection 3, Code 1999, is
  1 28 amended to read as follows:
  1 29    3.  An inspection made pursuant to a complaint filed under
  1 30 section 135C.37 need not be limited to the matter or matters
  1 31 complained of; however,.  However, the inspection shall not be
  1 32 a general inspection unless the complaint inspection coincides
  1 33 with a scheduled general inspection or unless problems in
  1 34 addition to those included in the complaint are apparent to
  1 35 the inspector.  Upon arrival at the facility to be inspected,
  2  1 the inspector shall show identification to the person in
  2  2 charge of the facility and state that an inspection is to be
  2  3 made, before beginning the inspection.  Upon request of either
  2  4 the complainant or the department or committee, the
  2  5 complainant or the complainant's representative or both may be
  2  6 allowed the privilege of accompanying the inspector during any
  2  7 on-site inspection made pursuant to this section.  The
  2  8 inspector may cancel the privilege at any time if the
  2  9 inspector determines that the privacy of any resident of the
  2 10 facility to be inspected would otherwise be violated.  The
  2 11 dignity of the resident shall be given first priority by the
  2 12 inspector and others.  
  2 13                           EXPLANATION 
  2 14    This bill makes changes relating to health care facility
  2 15 violations and inspections.
  2 16    The bill increases the maximum penalty for a Class II
  2 17 violation from $500 to $2,000.  A Class II violation is one
  2 18 which has a direct or immediate relationship to the health,
  2 19 safety, or security of residents of a health care facility but
  2 20 which presents no imminent danger or substantial probability
  2 21 of death or physical harm to them.
  2 22    The bill also provides that health care facility
  2 23 inspections made pursuant to a complaint may be broadened from
  2 24 the matter or matters initially complained of to a general
  2 25 inspection if problems in addition to those included in the
  2 26 complaint are apparent to the inspector during the course of
  2 27 an inspection.  
  2 28 LSB 1295DP 78
  2 29 pf/gg/8
     

Text: HSB00042                          Text: HSB00044
Text: HSB00000 - HSB00099               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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