Text: HSB00043 Text: HSB00045 Text: HSB00000 - HSB00099 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 135C.36, subsections 1, 2, and 3, Code 1 2 1999, are amended to read as follows: 1 3 1. A Class I violation is one which presents an imminent 1 4 danger or a substantial probability of resultant death or 1 5 physical harm to the residents of the facility in which the 1 6 violation occurs. A physical condition or one or more 1 7 practices in a facility may constitute a Class I violation. A 1 8 Class I violation shall be abated or eliminated immediately 1 9 unless the department determines that a stated period of time, 1 10 specified in the citation issued under section 135C.40, is 1 11 required to correct the violation. A licensee is subject to a 1 12 penalty of not less thantwoone thousand nor more than ten 1 13 thousand dollars for each Class I violation for which the 1 14 licensee's facility is cited. 1 15 2. A Class II violation is one which has a direct or 1 16 immediate relationship to the health, safety or security of 1 17 residents of a health care facility, but which presents no 1 18 imminent danger nor substantial probability of death or 1 19 physical harm to them. A physical condition or one or more 1 20 practices within a facility, including either physical abuse 1 21 of any resident or failure to treat any resident with 1 22 consideration, respect and full recognition of the resident's 1 23 dignity and individuality, in violation of a specific rule 1 24 adopted by the department, may constitute a Class II 1 25 violation. A violation of section 135C.14, subsection 8, or 1 26 section 135C.31 and rules adopted under those sections shall 1 27 be at least a Class II violation and may be a Class I 1 28 violation. A Class II violation shall be corrected within a 1 29 stated period of time determined by the department and 1 30 specified in the citation issued under section 135C.40. The 1 31 stated period of time specified in the citation may 1 32 subsequently be modified by the department for good cause 1 33 shown. A licensee is subject to a penalty of not less than 1 34onetwo hundred fifty nor more thanfivenine hundred ninety- 1 35 nine dollars for each Class II violation for which the 2 1 licensee's facility is cited, however the director may waive 2 2 the penalty if the violation is corrected within the time 2 3 specified in the citation. 2 4 3. A Class III violation is any violation of this chapter 2 5 or of the rules adopted pursuant to it which violation is not 2 6 classified in the department's rules nor classifiable under 2 7 the criteria stated in those rules as a Class I or a Class II 2 8 violation. A licenseeshall not beis subject to a penalty of 2 9 not less than fifty nor more than two hundred forty-nine 2 10 dollars foraeach Class III violation, except as provided by2 11section 135C.40, subsection 1 for failure to correct the2 12violation within a reasonable time specified by the department2 13in the notice of the violationfor which the licensee's 2 14 facility is cited. However, the director may waive the 2 15 penalty if the violation is corrected within the time 2 16 specified in the citation. 2 17 Sec. 2. Section 135C.40, subsection 1, Code 1999, is 2 18 amended to read as follows: 2 19 1. If the director determines, based on the findings of an 2 20 inspection or investigation of a health care facility, that 2 21 the facility is in violation of this chapter or rules adopted 2 22 under this chapter, the director within five working days 2 23 after making the determination, may issue a written citation 2 24 to the facility. The citation shall be served upon the 2 25 facility personally or by certified mail, except that a2 26citation for a Class III violation may be sent by ordinary2 27of. The further penalty is 3 3 fifty dollars for each day that the violation continues after 3 4 the time specified for correction or the director may increase 3 5 the further penalty up to the amount of the original penalty, 3 6 if an original penalty was applied. 3 7 Sec. 3. Section 135C.41, Code 1999, is amended to read as 3 8 follows: 3 9 135C.41 LICENSEE'S RESPONSE TO CITATION. 3 10 Within twenty business days after service of a citation 3 11 under section 135C.40, a facility shall either: 3 12 1. If it does not desire to contest the citation, do one 3 13 of the following: 3 14 a. Remit to the department the amount specified by the 3 15 department pursuant to section 135C.36 as a penalty for each 3 16 Class I violation cited, and for each Class II or Class III 3 17 violation unless the citation specifically waives the penalty, 3 18 which funds shall be paid by the department into the state 3 19 treasury and credited to the general fund; or. 3 20 b. In the case of a Class II violation for which the 3 21 penalty has been waived in accordance with the standards 3 22 prescribed in section 135C.36, subsection 2, or a Class III 3 23 violation for which the penalty has been waived in accordance 3 24 with the standards prescribed in section 135C.36, subsection 3 25 3, send to the department a written response acknowledging 3 26 that the citation has been received and stating that the 3 27 violation will be corrected within the specific period of time 3 28 allowed by the citation; or. 3 29 2.NotifyIf it does desire to contest the citation, 3 30 notify the director that the facility desires to contest the 3 31 citation and, in the case of citations for Class II or Class 3 32 III violations, request an informal conference with a 3 33 representative of the department. 3 34 Sec. 4. Section 135C.44, Code 1999, is amended to read as 3 35 follows: 4 1 135C.44 TREBLE FINES FOR REPEATED VIOLATIONS. 4 2 The penalties authorized by section 135C.36 shall be 4 3 trebled for a second or subsequentClass I or Class II4 4 violation occurring within any twelve-month period if a 4 5 citation was issued for the sameClass I or Class IIviolation 4 6 occurring within that period and a penalty was assessed 4 7thereforfor the violation. 4 8 EXPLANATION 4 9 This bill relates to enforcement of nursing home violations 4 10 by the department of inspections and appeals. 4 11 The bill changes the penalties for violations which are 4 12 categorized as Class I, II, or III to provide a new penalty 4 13 for the least severe violation and to provide for a graduated 4 14 penalty system. Currently, a Class I violation, which is 4 15 described as one which presents an imminent danger or a 4 16 substantial probability of resultant death or physical harm to 4 17 the residents of the facility in which the violation occurs, 4 18 is subject to a penalty of not less than $2,000 nor more than 4 19 $10,000 for each violation. The bill changes the penalty to 4 20 not less than $1,000 nor more than $10,000 for each violation. 4 21 Currently, a class II violation, which is described as one 4 22 which has a direct or immediate relationship to the health, 4 23 safety, or security of residents of a health care facility, 4 24 but which presents no imminent danger nor substantial 4 25 probability of death or physical harm to them, is subject to a 4 26 penalty of not less than $100 nor more than $500 for each such 4 27 violation. The bill changes the penalty to a minimum of $250 4 28 and not more than $999 for each such violation. Currently, a 4 29 Class III violation, which is described as a violation which 4 30 is not a Class I or Class II violation, is not subject to a 4 31 penalty. The bill establishes a penalty for a Class III 4 32 violation of a minimum of $50 and not more than $249 for each 4 33 such violation and authorizes the director of the department 4 34 of inspections and appeals to waive the penalty if the 4 35 violation is corrected within the time specified in the 5 1 citation. 5 2 Currently, a citation for a violation is required to be 5 3 served upon the facility personally or sent by certified mail, 5 4 with the exception of a citation for a Class III violation for 5 5 which the citation may be sent by ordinary mail. The bill 5 6 eliminates the exception for Class III violations, thereby 5 7 requiring personal service or the use of certified mail for a 5 8 Class III violation as well. 5 9 Currently, failure of a facility to correct a violation 5 10 within the time specified in a citation subjects the facility 5 11 to a further penalty of $50 for each day of continued 5 12 violation. The bill provides that, at the discretion of the 5 13 director, the further penalty may be increased up to the 5 14 amount of the original penalty if an original penalty was 5 15 applied. 5 16 The bill also makes conforming changes relating to treble 5 17 fines and contesting a violation due to the establishment of a 5 18 penalty for Class III violations. 5 19 LSB 1235DP 78 5 20 pf/cf/24.1
Text: HSB00043 Text: HSB00045 Text: HSB00000 - HSB00099 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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