Text: SSB01154 Text: SSB01156 Text: SSB01100 - SSB01199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 135C.19, subsection 1, Code 1999, is 1 2 amended to read as follows: 1 3 1. Following an inspection of a health care facility by 1 4 the department pursuant to this chapter, and, if requested by 1 5 the facility, the holding of an informal conference arranged 1 6 by the department pursuant to section 135C.42 to attempt to 1 7 correct or resolve any deficiency or violation found, the 1 8 department's final findings with respect to compliance by the 1 9 facility with requirements for licensing shall be made 1 10 available to the public in a readily available form and place. 1 11 Other information relating to a health care facility obtained 1 12 by the department which does not constitute the department's 1 13 findings from an inspection of the facility shall not be made 1 14 available to the public except in proceedings involving the 1 15 citation of a facility for a violation under section 135C.40, 1 16 or the denial, suspension, or revocation of a license under 1 17 this chapter. The name of a person who files a complaint with 1 18 the department shall be confidential. 1 19 Sec. 2. Section 135C.20A, subsection 1, Code 1999, is 1 20 amended to read as follows: 1 21 1. The department shall develop and utilize a report card 1 22 system for the recording of the final findings of any 1 23 inspection of a health care facility following, if requested 1 24 by the facility, the holding of an informal conference 1 25 arranged by the department pursuant to section 135C.42 to 1 26 attempt to resolve any deficiency or violation found. The 1 27 report card shall include but is not limited to a summary of 1 28thethese final findings of the inspection, any violation1 29found, any enforcement action takenincluding anycitations1 30issued and penalties assessed, any actions taken to correct1 31violations or deficiencies, and the nature and status of any1 32action taken with respect to anyuncorrected violation for 1 33 which a citation was issued. 1 34 Sec. 3. Section 135C.40, Code 1999, is amended to read as 1 35 follows: 2 1 135C.40 CITATIONS WHEN VIOLATIONS FOUND PENALTIES 2 2 EXCEPTION. 2 3 1. If the director determines, based on the findings of an 2 4 inspection or investigation of a health care facility, that 2 5 the facility is in violation of this chapter or rules adopted 2 6 under this chapter, the director within five working days 2 7 after making the determination,mayshall issue a written 2 8citationnotice of violation to the facility. The notice 2 9 shall specifically describe the nature of the violation, 2 10 identifying the Code section or subsection or the rule or 2 11 standard violated, and the classification of the violation 2 12 under section 135C.36. The notice shall also, if appropriate, 2 13 state the time allowed for correction of the violation. 2 14 If, after receiving the notice, the facility fails to 2 15 correct the violation within the specified time or violates 2 16 the same provision, the director may issue a written citation 2 17 to the facility. The citation shall be served upon the 2 18 facility personally or by certified mail, except that a 2 19 citation for a Class III violation may be sent by ordinary 2 20 mail. Each citation shall specifically describe the nature of 2 21 the violation, identifying the Code section or subsection or 2 22 the rule or standard violated, and the classification of the 2 23 violation under section 135C.36.Where appropriate, theThe 2 24 citation shall also state the period of time allowed for 2 25 correction of the violation,which shall in each case be the2 26shortest period of time the department deems feasibleif 2 27 appropriate. Each violation shall be a separate offense. In 2 28 the case of a continuing violation, each day a violation 2 29 continues, after the time specified in the citation for 2 30 compliance, shall be a separate and distinct offense and 2 31Failure to correct a violation within the time specified,2 32unless the licensee shows that the failure was due to2 33circumstances beyond the licensee's control,shall subject the 2 34 facility to a further penalty of fifty dollars for each day 2 35 that the violation continues after the time specified for 3 1 correction. 3 2 2. When a written notice or citation is served upon or 3 3 mailed to a health care facility under subsection 1 and the 3 4 licensee of the facility is not actually involved in the daily 3 5 operation of the facility, a copy of the written notice or 3 6 citation shall be mailed to the licensee. If the licensee is 3 7 a corporation, a copy of the written notice or citation shall 3 8 be sent to the corporation's office of record. If the written 3 9 notice or citation was issued pursuant to an inspection 3 10 resulting from a complaint filed under section 135C.37, a copy 3 11 of the written notice or citation shall be sent to the 3 12 complainant at the earliest time permitted by section 135C.19, 3 13 subsection 1. 3 14 3. a.NoA health care facility shall not be issued a 3 15 written notice or cited for any violation caused by any 3 16 practitioner licensed pursuant to chapter 148, 150 or 150A if 3 17 that practitioner is not the licensee of and is not otherwise 3 18 financially interested in the facility, and the licensee or 3 19 the facility presents evidence that reasonable care and 3 20 diligence have been exercised in notifying the practitioner of 3 21 the practitioner's duty to the patients in the facility. 3 22 b. A health care facility shall not be issued a written 3 23 notice or cited for any violation or disciplined in any manner 3 24 for any action taken pursuant to any practitioner's order. 3 25 EXPLANATION 3 26 This bill provides that information provided to the public, 3 27 including report cards, regarding the results of a health care 3 28 facility inspection, is to be only that information regarding 3 29 final findings after the facility is provided the opportunity 3 30 of an informal conference with a representative of the 3 31 department of inspections and appeals to attempt to resolve or 3 32 correct any deficiency or violation found. 3 33 The bill also provides that notice is to be provided to a 3 34 health care facility regarding a violation prior to the 3 35 facility being issued a citation for a violation. 4 1 The bill provides that a health care facility is not to be 4 2 issued a written notice or cited for a violation or 4 3 disciplined in any manner for following the order of a 4 4 practitioner. 4 5 LSB 2009SC 78 4 6 pf/gg/8
Text: SSB01154 Text: SSB01156 Text: SSB01100 - SSB01199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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