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Senate File 2144

Partial Bill History

Bill Text

PAG LIN
  1  1                                           SENATE FILE 2144
  1  2 
  1  3                             AN ACT 
  1  4 RELATING TO REGULATION AND INSPECTION OF HEALTH CARE 
  1  5    FACILITIES INCLUDING THE ESTABLISHMENT OF A QUALITY-BASED
  1  6    INSPECTIONS SYSTEM.
  1  7 
  1  8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  9 
  1 10    Section 1.  Section 135C.16, subsection 1, Code 1999, is
  1 11 amended to read as follows:
  1 12    1.  In addition to the inspections required by sections
  1 13 135C.9 and 135C.38, the department shall make or cause to be
  1 14 made such further unannounced inspections as it deems
  1 15 necessary to adequately enforce this chapter.  At least one
  1 16 general unannounced inspection shall be conducted for each
  1 17 health care facility within a fifteen-month thirty-month
  1 18 period.  The inspector shall show identification to the person
  1 19 in charge of the facility and state that an inspection is to
  1 20 be made before beginning the inspection.  An employee of the
  1 21 department who gives unauthorized advance notice of an
  1 22 inspection made or planned to be made under this subsection or
  1 23 section 135C.38 shall be disciplined as determined by the
  1 24 director, except that if the employee is employed pursuant to
  1 25 the merit system provisions of chapter 19A the discipline
  1 26 shall not exceed the discipline authorized pursuant to that
  1 27 chapter.
  1 28    Sec. 2.  Section 135C.38, subsection 3, Code Supplement
  1 29 1999, is amended to read as follows:
  1 30    3.  An inspection made pursuant to a complaint filed under
  1 31 section 135C.37 need not be limited to the matter or matters
  1 32 complained of; however included in the complaint.  However,
  1 33 the inspection shall not be a general inspection unless the
  1 34 complaint inspection coincides with a scheduled general
  1 35 inspection or unless in the course of the complaint
  2  1 investigation a violation is evident to the inspector.  Upon
  2  2 arrival at the facility to be inspected, the inspector shall
  2  3 show identification to the person in charge of the facility
  2  4 and state that an inspection is to be made, before beginning
  2  5 the inspection.  Upon request of either the complainant or the
  2  6 department or committee, the complainant or the complainant's
  2  7 representative or both may be allowed the privilege of
  2  8 accompanying the inspector during any on-site inspection made
  2  9 pursuant to this section.  The inspector may cancel the
  2 10 privilege at any time if the inspector determines that the
  2 11 privacy of any resident of the facility to be inspected would
  2 12 otherwise be violated.  The protection and dignity of the
  2 13 resident shall be given first priority by the inspector and
  2 14 others.
  2 15    Sec. 3.  QUALITY-BASED INSPECTIONS.
  2 16    1.  The department of inspections and appeals shall develop
  2 17 and implement a quality-based inspections system for health
  2 18 care facilities which are licensed only by the state pursuant
  2 19 to chapter 135C.  The quality-based system shall be used in
  2 20 inspections of health care facilities beginning with the first
  2 21 inspection of the facility subsequent to the inspection of
  2 22 that facility during the period July 1, 2000, through
  2 23 September 1, 2001.
  2 24    2.  The department of inspections and appeals shall convene
  2 25 an advisory committee of stakeholders to monitor the
  2 26 development and ongoing refinement of the criteria to be used
  2 27 in conducting a quality-based inspection system.  The advisory
  2 28 committee shall consult with the department of inspections and
  2 29 appeals regarding the ongoing distribution of the most current
  2 30 criteria to all appropriate stakeholders.
  2 31    3.  The department of inspections and appeals shall submit
  2 32 all of the following to the joint appropriations subcommittee
  2 33 on administration and regulation, to the committees on human
  2 34 resources of both houses, to the governor, and to the
  2 35 legislative fiscal bureau:
  3  1    a.  On or before August 1, 2001, a report which includes
  3  2 all of the following:
  3  3    (1)  The criteria used in the quality-based inspections
  3  4 system.
  3  5    (2)  The survey and complaint activities completed in
  3  6 fiscal year 1999-2000 and fiscal year 2000-2001 for health
  3  7 care facilities licensed only by the state.
  3  8    b.  On or before February 1, 2001, an interim report, and
  3  9 on or before August 1, 2001, a final report, regarding the
  3 10 progress in developing and implementing the quality-based
  3 11 inspections system.
  3 12    Any of the reports submitted may also include such
  3 13 additional information as requested by the joint
  3 14 appropriations subcommittee on administration and regulation
  3 15 and by the committees on human resources of both houses and
  3 16 may contain recommendations by the department of inspections
  3 17 and appeals of legislative action or program change.  
  3 18 
  3 19 
  3 20                                                             
  3 21                               MARY E. KRAMER
  3 22                               President of the Senate
  3 23 
  3 24 
  3 25                                                             
  3 26                               BRENT SIEGRIST
  3 27                               Speaker of the House
  3 28 
  3 29    I hereby certify that this bill originated in the Senate and
  3 30 is known as Senate File 2144, Seventy-eighth General Assembly.
  3 31 
  3 32 
  3 33                                                             
  3 34                               MICHAEL E. MARSHALL
  3 35                               Secretary of the Senate
  4  1 Approved                , 2000
  4  2 
  4  3 
  4  4                                
  4  5 THOMAS J. VILSACK
  4  6 Governor
     

Text: SF02143                           Text: SF02145
Text: SF02100 - SF02199                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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