Text: SF02316 Text: SF02318 Text: SF02300 - SF02399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 135C.16, subsection 1, Code 1999, 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 afifteen-monththirty-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 Supplement 1 20 1999, is 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 23complained of; howeverincluded in the complaint. However, 1 24 the inspection shall not be a general inspection unless the 1 25 complaint inspection coincides with a scheduled general 1 26 inspection or unless a potential violation, in addition to any 1 27 alleged violation included in the complaint, is visible to the 1 28 inspector during the course of the inspection. Upon arrival 1 29 at the facility to be inspected, the inspector shall show 1 30 identification to the person in charge of the facility and 1 31 state that an inspection is to be made, before beginning the 1 32 inspection. Upon request of either the complainant or the 1 33 department or committee, the complainant or the complainant's 1 34 representative or both may be allowed the privilege of 1 35 accompanying the inspector during any on-site inspection made 2 1 pursuant to this section. The inspector may cancel the 2 2 privilege at any time if the inspector determines that the 2 3 privacy of any resident of the facility to be inspected would 2 4 otherwise be violated. The dignity of the resident shall be 2 5 given first priority by the inspector and others. 2 6 Sec. 3. QUALITY-BASED INSPECTIONS. 2 7 1. The department of inspections and appeals shall develop 2 8 and implement a quality-based inspections system for health 2 9 care facilities which are licensed only by the state pursuant 2 10 to chapter 135C. The quality-based system shall be used in 2 11 inspections of health care facilities beginning with the first 2 12 inspection of the facility subsequent to the inspection of 2 13 that facility during the period July 1, 2000, through 2 14 September 1, 2001. 2 15 2. The department of inspections and appeals shall submit 2 16 all of the following to the joint appropriations subcommittee 2 17 on oversight and communications, to the governor, and to the 2 18 legislative fiscal bureau: 2 19 a. On or before August 1, 2001, a report which includes 2 20 all of the following: 2 21 (1) The criteria used in the quality-based inspections 2 22 system. 2 23 (2) The survey and complaint activities completed in 2 24 fiscal year 1999-2000 and fiscal year 2000-2001 for health 2 25 care facilities licensed only by the state. 2 26 b. On or before February 1, 2001, an interim report, and 2 27 on or before August 1, 2001, a final report, regarding the 2 28 progress in developing and implementing the quality-based 2 29 inspections system. 2 30 Any of the reports submitted may also include such 2 31 additional information as requested by the joint 2 32 appropriations subcommittee on oversight and communications 2 33 and may contain recommendations by the department of 2 34 inspections and appeals of legislative action or program 2 35 change. 3 1 EXPLANATION 3 2 This bill relates to regulation and inspection of health 3 3 care facilities under the purview of the department of 3 4 inspections and appeals. 3 5 The amendment to Code section 135C.16 changes the time 3 6 frame for general unannounced inspections from at least once 3 7 during a 15-month period to at least once during a 30-month 3 8 period. 3 9 The amendment to Code section 135C.38 provides that an 3 10 inspection of a health care facility made pursuant to a 3 11 complaint, which currently need not be limited to the matter 3 12 or matters included in the complaint and which currently may 3 13 become a general inspection if the inspection coincides with a 3 14 scheduled general inspection, under the bill could also become 3 15 a general inspection if a potential violation, in addition to 3 16 any alleged violation included in the complaint, is visible to 3 17 the inspector in the course of the inspection. 3 18 The bill also provides for the establishment of a quality- 3 19 based inspections system for health care facilities only 3 20 licensed by the state. The system is to be implemented in the 3 21 first inspection of a facility subsequent to the inspection of 3 22 that facility during the period July 1, 2000, through 3 23 September 1, 2001. The department is directed to submit a 3 24 report to the joint appropriations subcommittee on oversight 3 25 and communications, on or before August 1, 2001, which 3 26 contains the criteria to be used in the quality-based 3 27 inspections system and survey and complaint activities of 3 28 state-licensed health care facilities, completed in FY 1999- 3 29 2000 and FY 2000-2001. The department is also to submit to 3 30 the subcommittee an interim report on or before February 1, 3 31 2001, and a final report on or before August 1, 2001, 3 32 regarding the progress in developing and implementing the 3 33 quality-based inspections system. The subcommittee may also 3 34 request that additional information be included in the reports 3 35 and the department may include any recommendations in the 4 1 reports. 4 2 LSB 5700XS 78 4 3 pf/cls/14
Text: SF02316 Text: SF02318 Text: SF02300 - SF02399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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