Text: H08138                            Text: H08140
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House Amendment 8139

Amendment Text

PAG LIN
  1  1    Amend House File 2542 as follows:
  1  2    #1.  By striking everything after the enacting
  1  3 clause and inserting the following:
  1  4    "Section 1.  Section 135C.1, Code Supplement 2001,
  1  5 is amended by adding the following new subsections:
  1  6    NEW SUBSECTION.  13A.  "Nursing facility
  1  7 administrator" means a person who administers,
  1  8 manages, supervises, or is in general administrative
  1  9 charge of a nursing facility whether or not such
  1 10 individual has an ownership interest in such facility
  1 11 and whether or not the individual's functions and
  1 12 duties are shared with one or more individuals.
  1 13    NEW SUBSECTION.  15A.  "Quality assessment and
  1 14 assurance committee" means a committee consisting of
  1 15 those individuals identified in 42 C.F.R. }
  1 16 483.75(o)(1), who are responsible for identifying
  1 17 issues which may adversely impact the quality of care
  1 18 and services provided to residents, and developing and
  1 19 implementing plans of action to correct identified
  1 20 quality issues.
  1 21    Sec. 2.  Section 147.1, subsection 2, paragraph e,
  1 22 subparagraph (6), Code 2001, is amended to read as
  1 23 follows:
  1 24    (6)  A health care entity, including but not
  1 25 limited to a group medical practice or a health
  1 26 facility licensed under chapter 135C, that provides
  1 27 health care services and follows a formal peer review
  1 28 process for the purpose of furthering quality health
  1 29 care.
  1 30    Sec. 3.  Section 147.135, subsection 2, Code 2001,
  1 31 is amended to read as follows:
  1 32    2.  As used in this subsection, "peer review
  1 33 activity" means the procedure by which peer review
  1 34 committees or quality assessment and assurance
  1 35 committees, as defined in section 135C.1, monitor,
  1 36 evaluate, and recommend actions to improve and assure
  1 37 the delivery and quality of services within the
  1 38 committees' respective facilities, agencies, and
  1 39 professions, including recommendations, consideration
  1 40 of recommendations, actions with regard to
  1 41 recommendations, and implementation of actions.  As
  1 42 used in this subsection, "peer review records" means
  1 43 all complaint files, investigation files, reports, and
  1 44 other investigative information relating to the
  1 45 monitoring, evaluation, and recommendation of actions
  1 46 to improve the delivery and quality of health care
  1 47 services, licensee discipline, or professional
  1 48 competence in the possession of a peer review
  1 49 committee or an employee of a peer review committee.
  1 50 As used in this subsection, "peer review committee"
  2  1 does not include examining boards.  Peer review
  2  2 records are privileged and confidential, are not
  2  3 subject to discovery, subpoena, or other means of
  2  4 legal compulsion for release to a person other than an
  2  5 affected licensee or a peer review committee and are
  2  6 not admissible in evidence in a judicial or
  2  7 administrative proceeding other than a proceeding
  2  8 involving licensee discipline or a proceeding brought
  2  9 by a licensee who is the subject of a peer review
  2 10 record and whose competence is at issue.  A person
  2 11 shall not be liable as a result of filing a report or
  2 12 complaint with a peer review committee or providing
  2 13 information to such a committee, or for disclosure of
  2 14 privileged matter to a peer review committee.  A
  2 15 person present at a meeting of a peer review committee
  2 16 shall not be permitted to testify as to the findings,
  2 17 recommendations, evaluations, or opinions of the peer
  2 18 review committee in any judicial or administrative
  2 19 proceeding other than a proceeding involving licensee
  2 20 discipline or a proceeding brought by a licensee who
  2 21 is the subject of a peer review committee meeting and
  2 22 whose competence is at issue.  Information or
  2 23 documents discoverable from sources other than the
  2 24 peer review committee do not become nondiscoverable
  2 25 from the other sources merely because they are made
  2 26 available to or are in the possession of a peer review
  2 27 committee.  However, such information relating to
  2 28 licensee discipline may be disclosed to an appropriate
  2 29 licensing authority in any jurisdiction in which the
  2 30 licensee is licensed or has applied for a license.  If
  2 31 such information indicates a crime has been committed,
  2 32 the information shall be reported to the proper law
  2 33 enforcement agency.  This subsection shall not
  2 34 preclude the discovery of the identification of
  2 35 witnesses or documents known to a peer review
  2 36 committee.  Any final written decision and finding of
  2 37 fact by a licensing board in a disciplinary proceeding
  2 38 is a public record.  Upon appeal by a licensee of a
  2 39 decision of a licensing board, the entire case record
  2 40 shall be submitted to the reviewing court.  In all
  2 41 cases where privileged and confidential information
  2 42 under this subsection becomes discoverable,
  2 43 admissible, or part of a court record the identity of
  2 44 an individual whose privilege has been involuntarily
  2 45 waived shall be withheld.
  2 46    Sec. 4.  Section 147.136, Code 2001, is amended to
  2 47 read as follows:
  2 48    147.136  SCOPE OF RECOVERY.
  2 49    In an action for damages for personal injury
  2 50 against a physician and surgeon, osteopath,
  3  1 osteopathic physician and surgeon, dentist, podiatric
  3  2 physician, optometrist, pharmacist, chiropractor,
  3  3 nursing facility administrator, or nurse licensed to
  3  4 practice that profession in this state, or against a
  3  5 hospital or nursing facility licensed for operation in
  3  6 this state under chapter 135C, based on the alleged
  3  7 negligence of the practitioner in the practice of the
  3  8 profession or occupation, or upon the alleged
  3  9 negligence of the a hospital or nursing facility in
  3 10 patient care, in which liability is admitted or
  3 11 established, the damages awarded shall not include
  3 12 actual economic losses incurred or to be incurred in
  3 13 the future by the claimant by reason of the personal
  3 14 injury, including but not limited to, the cost of
  3 15 reasonable and necessary medical care, rehabilitation
  3 16 services, and custodial care, and the loss of services
  3 17 and loss of earned income, to the extent that those
  3 18 losses are replaced or are indemnified by insurance,
  3 19 or by governmental, employment, or service benefit
  3 20 programs or from any other source except the assets of
  3 21 the claimant or of the members of the claimant's
  3 22 immediate family.
  3 23    Sec. 5.  Section 147.138, Code 2001, is amended to
  3 24 read as follows:
  3 25    147.138  CONTINGENT FEE OF ATTORNEY REVIEWED BY
  3 26 COURT.
  3 27    In any action for personal injury or wrongful death
  3 28 against any physician and surgeon, osteopath,
  3 29 osteopathic physician and surgeon, dentist, podiatric
  3 30 physician, optometrist, pharmacist, chiropractor,
  3 31 nursing facility administrator, or nurse licensed
  3 32 under this chapter or against any hospital licensed
  3 33 under chapter 135B, or nursing facility licensed under
  3 34 chapter 135C, based upon the alleged negligence of the
  3 35 licensee in the practice of that profession or
  3 36 occupation, or upon the alleged negligence of the
  3 37 hospital or nursing facility in patient care, the
  3 38 court shall determine the reasonableness of any
  3 39 contingent fee arrangement between the plaintiff and
  3 40 the plaintiff's attorney."
  3 41    #2.  Title page, by striking lines 1 through 3 and
  3 42 inserting the following:  "An Act relating to the
  3 43 delivery of services by certain health care
  3 44 professionals and health facilities, and providing
  3 45 definitions." 
  3 46 
  3 47 
  3 48                               
  3 49 KREIMAN of Davis
  3 50 HF 2542.201 79
  4  1 rh/sh

Text: H08138                            Text: H08140
Text: H08100 - H08199                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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