Text: HSB00043                          Text: HSB00045
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House Study Bill 44

Bill Text

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 than two one 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 34 one two hundred fifty nor more than five nine 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 licensee shall not be is subject to a penalty of
  2  9 not less than fifty nor more than two hundred forty-nine
  2 10 dollars for a each Class III violation, except as provided by
  2 11 section 135C.40, subsection 1 for failure to correct the
  2 12 violation within a reasonable time specified by the department
  2 13 in the notice of the violation for 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 a
  2 26 citation for a Class III violation may be sent by ordinary
  2 27 mail.  Each citation shall specifically describe the nature of
  2 28 the violation, identifying the Code section or subsection or
  2 29 the rule or standard violated, and the classification of the
  2 30 violation under section 135C.36.  Where appropriate, the
  2 31 citation shall also state the period of time allowed for
  2 32 correction of the violation, which shall in each case be the
  2 33 shortest period of time the department deems feasible.
  2 34 Failure to correct a violation within the time specified,
  2 35 unless the licensee shows that the failure was due to
  3  1 circumstances beyond the licensee's control, shall subject the
  3  2 facility to a further penalty of.  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.  Notify If 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 subsequent Class I or Class II
  4  4 violation occurring within any twelve-month period if a
  4  5 citation was issued for the same Class I or Class II violation
  4  6 occurring within that period and a penalty was assessed
  4  7 therefor for 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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