Text: SSB01073 Text: SSB01075 Text: SSB01000 - SSB01099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 135C.2, subsection 5, unnumbered 1 2 paragraph 1, Code 1999, is amended to read as follows: 1 3 The department shall establish a special classification 1 4 within the residential care facility category in order to 1 5 foster the development of residential care facilities which 1 6 serve persons with mental retardation, chronic mental illness, 1 7 a developmental disability, or brain injury, as described 1 8 under section 225C.26, and which contain five or fewer 1 9 residents.A facility within the special classification1 10established pursuant to this subsection is exempt from the1 11requirements of section 135.63.The department shall adopt 1 12 rules which are consistent with rules previously developed for 1 13 the waiver demonstration project pursuant to 1986 Iowa Acts, 1 14 chapter 1246, section 206, and which include all of the 1 15 following provisions: 1 16 Sec. 2. Section 135H.6, Code 1999, is amended to read as 1 17 follows: 1 18 135H.6 INSPECTION – CONDITIONS FOR ISSUANCE. 1 19 The department shall issue a license to an applicant under 1 20 this chapter if all the following conditions exist: 1 21 1. The department has ascertained that the applicant's 1 22 medical facilities and staff are adequate to provide the care 1 23 and services required of a psychiatric institution. 1 24 2. The proposed psychiatric institution is accredited by 1 25 the joint commission on the accreditation of health care 1 26 organizations. 1 27 3. The applicant complies with applicable state rules and 1 28 standards for a psychiatric institution adopted by the 1 29 department in accordance with federal requirements under 42 1 30 C.F.R. } 441.150-441.156. 1 314. The applicant has been awarded a certificate of need1 32pursuant to chapter 135.1 335.4. The department of human services has submitted 1 34 written approval of the application based on the department of 1 35 human services' determination of need. The department of 2 1 human services shall identify the location and number of 2 2 children in the state who require the services of a 2 3 psychiatric medical institution for children. Approval of an 2 4 application shall be based upon the location of the proposed 2 5 psychiatric institution relative to the need for services 2 6 identified by the department of human services and an analysis 2 7 of the applicant's ability to provide services and support 2 8 consistent with requirements under chapter 232, particularly 2 9 regarding community-based treatment. If the proposed 2 10 psychiatric institution is not freestanding from a facility 2 11 licensed under chapter 135B or 135C, approval under this 2 12 subsection shall not be given unless the department of human 2 13 services certifies that the proposed psychiatric institution 2 14 is capable of providing a resident with a living environment 2 15 similar to the living environment provided by a licensee which 2 16 is freestanding from a facility licensed under chapter 135B or 2 17 135C. Unless a psychiatric institution was accredited to 2 18 provide psychiatric services by the joint commission on the 2 19 accreditation of health care organizations under the 2 20 commission's consolidated standards for residential settings 2 21 prior to June 1, 1989, the department of human services shall 2 22 not approve an application for a license under this chapter 2 23 until the federal health care financing administration has 2 24 approved a state Title XIX plan amendment to include coverage 2 25 of services in a psychiatric medical institution for children. 2 26 In addition, either of the following conditions must be met: 2 27 a. The department of human services shall not give 2 28 approval to an application which would cause the total number 2 29 of beds licensed under this chapter to exceed three hundred 2 30 sixty beds, except as provided in paragraph "b" and paragraph 2 31 "c", with not more than three hundred of the beds licensed 2 32 under chapter 237 before January 1, 1989, and not more than 2 33 sixty of the beds licensed under chapter 237 on or after 2 34 January 1, 1989. 2 35 b. The department of human services shall not give 3 1 approval to an application which would cause the total number 3 2 of beds licensed under this chapter after June 30, 1990, which 3 3 specialize in providing substance abuse treatment to children 3 4 to exceed seventy beds. 3 5 c. The department of human services may establish not more 3 6 than thirty beds licensed under this chapter at the state 3 7 mental health institute at Independence.The beds shall be3 8exempt from the certificate of need requirement under3 9subsection 4.3 106.5. The department of human services may give approval 3 11 to conversion of beds specializing in substance abuse 3 12 treatment previously approved under subsection54, paragraph 3 13 "b", to beds which are not specialized as referenced in 3 14 subsection54, paragraph "a". Beds converted under this 3 15 subsection shall be in addition to the number of beds 3 16 authorized under subsection54, paragraph "a". However, the 3 17 total number of beds approved under subsection 5 shall not 3 18 exceed four hundred thirty.Conversion of beds under this3 19subsection shall not require a revision of the certificate of3 20need issued for the psychiatric institution making the3 21conversion.3 227.6. The proposed psychiatric institution is under the 3 23 direction of an agency which has operated a facility licensed 3 24 under section 237.3, subsection 2, paragraph "a", as a 3 25 comprehensive residential facility for children for three 3 26 years or of an agency which has operated a facility for three 3 27 years providing psychiatric services exclusively to children 3 28 or adolescents and the facility meets or exceeds requirements 3 29 for licensure under section 237.3, subsection 2, paragraph 3 30 "a", as a comprehensive residential facility for children. 3 318.7. A psychiatric institution licensed prior to January 3 32 1, 1996, may exceed the number of beds authorized under 3 33 subsections54 and65 if the excess beds are used to provide 3 34 services funded from a source other than the medical 3 35 assistance program under chapter 249A. Notwithstanding 4 1 subsections 4,and 5,and 6,the provision of services using 4 2 such excess beds does not require acertificate of need or a4 3 review by the department of human services. 4 4 Sec. 3. Section 231B.2, subsection 1, Code 1999, is 4 5 amended to read as follows: 4 6 1. The department shall establish by rule in accordance 4 7 with chapter 17A a special classification for elder group 4 8 homes.An elder group home established pursuant to this4 9subsection is exempt from the requirements of section 135.63.4 10 Sec. 4. Section 231C.3, subsection 1, Code 1999, is 4 11 amended to read as follows: 4 12 1. The department shall establish, by rule in accordance 4 13 with chapter 17A, a program for certification and monitoring 4 14 of assisted living programs. An assisted living program which 4 15 is voluntarily accredited is not required to also be certified 4 16 by the department and the department shall accept voluntary 4 17 accreditation in lieu of certification by the department.An4 18assisted living program certified or voluntarily accredited4 19under this section is exempt from the requirements of section4 20135.63 relating to certificate of need requirements.4 21 Sec. 5. Section 708.3A, subsection 5, Code 1999, is 4 22 amended to read as follows: 4 23 5. As used in this section, "health care provider" means 4 24 an emergency medical care provider as defined in chapter 147A 4 25 or a person licensed or registered under chapter 148, 148C, 4 26 148D, 150, 150A, or 152 who is providing or who is attempting 4 27 to provide emergency medical services, as defined in section 4 28 147A.1, or who is providing or who is attempting to provide 4 29 health servicesas defined in section 135.61in a hospital. 4 30 For the purposes of this section, "health services" means 4 31 clinically related diagnostic, curative, or rehabilitative 4 32 services, and includes alcoholism, drug abuse, and mental 4 33 health services. A person who commits an assault under this 4 34 section against a health care provider in a hospital, or at 4 35 the scene or during out-of-hospital patient transportation in 5 1 an ambulance, is presumed to know that the person against whom 5 2 the assault is committed is a health care provider. 5 3 Sec. 6. Sections 135.61 through 135.73, Code 1999, are 5 4 repealed. 5 5 EXPLANATION 5 6 This bill eliminates the certificate of need program for 5 7 health facilities, under the Iowa department of public health. 5 8 The bill also makes conforming changes in the Code due to the 5 9 elimination of the program. 5 10 LSB 1995SC 78 5 11 pf/jw/5 5 12
Text: SSB01073 Text: SSB01075 Text: SSB01000 - SSB01099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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