Text: HF00189 Text: HF00191 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 135C.9, subsection 1, paragraph b, Code 1 2 2001, is amended to read as follows: 1 3 b. The facility has been inspected by the state fire 1 4 marshal or a deputy appointed by the fire marshal for that 1 5 purpose, who may be a member of a municipal fire department, 1 6 and the department has received either a certificate of 1 7 compliance or a provisional certificate of compliance by the 1 8 facility with the fire hazard and fire safety rules and 1 9 standards of the department as promulgated by the fire marshal 1 10 and, where applicable, the fire safety standards required for 1 11 participation in programs authorized by either Title XVIII or 1 12 Title XIX of the United States Social Security Act (42 U.S.C. 1 13 } 1395 to 1395ll and 1396 to 1396g). The certificate or 1 14 provisional certificate shall be signed by the fire marshal or 1 15 the fire marshal's deputy who made the inspection. If the 1 16 state fire marshal or a deputy finds a deficiency upon 1 17 inspection, the notice to the facility shall specifically 1 18 describe the nature of the deficiency, identifying the Code 1 19 section or subsection or the rule or standard violated. The 1 20 notice shall also specify options for correction of the 1 21 deficiency and shall specify the time allowed for correction 1 22 of the deficiency, at the end of which time the fire marshal 1 23 or a deputy shall perform a follow-up inspection. 1 24 Sec. 2. Section 135C.9, subsection 2, Code 2001, is 1 25 amended to read as follows: 1 26 2. The rules and standards promulgated by the fire marshal 1 27 pursuant to subsection 1, paragraph "b" of this section shall 1 28 be substantially in keeping with the latest generally 1 29 recognized safety criteria for the facilities covered, of 1 30 which the applicable criteria recommended and published from 1 31 time to time by the national fire protection association shall 1 32 be prima facie evidence. The rules and standards promulgated 1 33 by the fire marshal shall be promulgated in collaboration with 1 34 the department and shall, to the greatest extent possible, be 1 35 consistent with rules adopted by the department under this 2 1 chapter. 2 2 Sec. 3. Section 135C.14, unnumbered paragraph 1, Code 2 3 2001, is amended to read as follows: 2 4 The department shall, in accordance with chapter 17A, and 2 5 with the approval of the state board of health adopt and 2 6 enforce rules setting minimum standards for health care 2 7 facilities. In so doing, the department, with the approval of 2 8 the state board of health, may adopt by reference, with or 2 9 without amendment, nationally recognized standards and rules, 2 10 which shall be specified by title and edition, date of 2 11 publication, or similar information. The rules and standards 2 12 required by this section shall be formulated in consultation 2 13 with the director of human services or the director's 2 14 designee, with the state fire marshal, and with affected 2 15 industry, professional, and consumer groups, and shall be 2 16 designed to further the accomplishment of the purposes of this 2 17 chapter and shall relate to: 2 18 Sec. 4. Section 135C.14, subsection 1, Code 2001, is 2 19 amended to read as follows: 2 20 1. Location and construction of the facility, including 2 21 plumbing, heating, lighting, ventilation, and other housing 2 22 conditions, which shall ensure the health, safety and comfort 2 23 of residents and protection from fire hazards. The rules of 2 24 the department relating to protection from fire hazards and 2 25 fire safety shall be promulgated by the state fire marshal in 2 26 collaboration with the department, and shall be in keeping 2 27 with the latest generally recognized safety criteria for the 2 28 facilities covered of which the applicable criteria 2 29 recommended and published from time to time by the national 2 30 fire protection association are prima facie evidence. To the 2 31 greatest extent possible, the rules promulgated by the state 2 32 fire marshal shall be consistent with the rules adopted by the 2 33 department under this chapter. 2 34 Sec. 5. Section 135C.19, subsection 1, Code 2001, is 2 35 amended to read as follows: 3 1 1. Following an inspection of a health care facility by 3 2 the department pursuant to this chapter, and if requested by 3 3 the facility, the holding of an informal conference arranged 3 4 by the department pursuant to section 135C.42 to attempt to 3 5 correct or resolve any deficiency or violation found, the 3 6 department's final findings with respect to compliance by the 3 7 facility with requirements for licensing shall be made 3 8 available to the public in a readily available form and place. 3 9 Other information relating to a health care facility obtained 3 10 by the department which does not constitute the department's 3 11 findings from an inspection of the facility shall not be made 3 12 available to the public except in proceedings involving the 3 13 citation of a facility for a violation under section 135C.40, 3 14 or the denial, suspension, or revocation of a license under 3 15 this chapter. The name of a person who files a complaint with 3 16 the department shall be confidential. 3 17 Sec. 6. Section 135C.20A, subsection 1, Code 2001, is 3 18 amended to read as follows: 3 19 1. The department shall develop and utilize a report card 3 20 system for the recording of the final findings of any 3 21 inspection of a health care facility following, if requested 3 22 by the facility, the holding of an informal conference 3 23 arranged by the department pursuant to section 135C.42 to 3 24 attempt to resolve any deficiency or violation found. The 3 25 report card shall include but is not limited to a summary of 3 26thethese final findings of the inspection,any violation3 27found, any enforcement action takenincluding anycitations3 28issued and penalties assessed, any actions taken to correct3 29violations or deficiencies, and the nature and status of any3 30action taken with respect to anyuncorrected violation for 3 31 which a citation was issued. 3 32 Sec. 7. Section 135C.40, Code 2001, is amended to read as 3 33 follows: 3 34 135C.40 CITATIONS WHEN VIOLATIONS FOUND – PENALTIES – 3 35 EXCEPTION. 4 1 1. If the director determines, based on the findings of an 4 2 inspection or investigation of a health care facility, that 4 3 the facility is in violation of this chapter or rules adopted 4 4 under this chapter, the director within five working days 4 5 after making the determination,mayshall issue a written 4 6citationnotice of violation to the facility. The notice 4 7 shall specifically describe the nature of the violation, 4 8 identifying the Code section or subsection or the rule or 4 9 standard violated, and the classification of the violation 4 10 under section 135C.36. The notice shall also, if appropriate, 4 11 state the time allowed for correction of the violation. 4 12 If, after receiving the notice, the facility fails to 4 13 correct the violation within the specified time or violates 4 14 the same provision again, the director may issue a written 4 15 citation to the facility following a follow-up inspection to 4 16 confirm the uncorrected or new violation. The citation shall 4 17 be served upon the facility personally or by certified mail, 4 18 except that a citation for a Class III violation may be sent 4 19 by ordinary mail. Each citation shall specifically describe 4 20 the nature of the violation, identifying the Code section or 4 21 subsection or the rule or standard violated, and the 4 22 classification of the violation under section 135C.36.Where4 23appropriate, theThe citation shall also state the period of 4 24 time allowed for correction of the violation,which shall in4 25each case be the shortest period of time the department deems4 26feasibleif appropriate. Failure to correct a violation 4 27 within the time specified, unless the licensee shows that the 4 28 failure was due to circumstances beyond the licensee's 4 29 control, shall subject the facility to a further penalty of 4 30 fifty dollars for each day that the violation continues after 4 31 the time specified for correction. 4 32 2. When a written notice or citation is served upon or 4 33 mailed to a health care facility under subsection 1 and the 4 34 licensee of the facility is not actually involved in the daily 4 35 operation of the facility, a copy of the written notice or 5 1 citation shall be mailed to the licensee. If the licensee is 5 2 a corporation, a copy of the written notice or citation shall 5 3 be sent to the corporation's office of record. If the written 5 4 notice or citation was issued pursuant to an inspection 5 5 resulting from a complaint filed under section 135C.37, a copy 5 6 of the written notice or citation shall be sent to the 5 7 complainant at the earliest time permitted by section 135C.19, 5 8 subsection 1. 5 9 3.NoA health care facility shall not be issued a written 5 10 notice or cited for any violation caused by any practitioner 5 11 licensed pursuant to chapter 148, 150 or 150A if that 5 12 practitioner is not the licensee of and is not otherwise 5 13 financially interested in the facility, and the licensee or 5 14 the facility presents evidence that reasonable care and 5 15 diligence have been exercised in notifying the practitioner of 5 16 the practitioner's duty to the patients in the facility. 5 17 Sec. 8. NEW SECTION. 135C.45B COURT COSTS. 5 18 If a health care facility is the prevailing party in an 5 19 action for judicial or appellate review of a citation issued 5 20 under this chapter, the department shall pay all fees and 5 21 other expenses. For the purposes of this section, "fees and 5 22 other expenses" means the reasonable attorney fees and 5 23 reasonable expenses of expert witnesses plus court costs, but 5 24 it does not include any portion of an attorney's fees or 5 25 salary paid by a unit of local, state, or federal government 5 26 for the attorney's services in the case. 5 27 EXPLANATION 5 28 This bill relates to regulation of health care facilities. 5 29 The bill provides that if the state fire marshal finds a 5 30 deficiency during an inspection of a facility prior to 5 31 issuance of a license, the fire marshal is to provide notice 5 32 which describes the nature of the deficiency, identifies the 5 33 Code section or subsection or the rule or standard violated, 5 34 provides options for correction of the deficiency, and 5 35 specifies the time allowed for correction of the deficiency at 6 1 the end of which time the fire marshal is to perform a follow- 6 2 up inspection. The bill also provides that rules and 6 3 standards promulgated by the fire marshal are to be 6 4 promulgated in collaboration with the department of 6 5 inspections and appeals and, to the greatest extent possible, 6 6 are to be consistent with the rules adopted by the department 6 7 under the health care facilities chapter. 6 8 The bill provides that in adopting rules which establish 6 9 minimum standards for health care facilities, the department 6 10 of inspections and appeals is to consult with the state fire 6 11 marshal. Rules relating to fire hazards and fire safety are 6 12 to be promulgated by the state fire marshal in collaboration 6 13 with the department and are to be consistent with the rules 6 14 adopted by the department. 6 15 The bill provides that information provided to the public, 6 16 including report cards, regarding the results of a health care 6 17 facility inspection, is to be only that information regarding 6 18 final findings after the facility is provided the opportunity 6 19 of an informal conference with a representative of the 6 20 department of inspections and appeals to attempt to resolve or 6 21 correct any deficiency or violation found. 6 22 The bill provides that notice is to be provided to a health 6 23 care facility regarding a violation prior to the facility 6 24 being issued a citation for the violation. The notice is to 6 25 specifically describe the nature of the violation, identifying 6 26 the Code section or subsection or the rules or standard 6 27 violated, and the classification of the violation. The notice 6 28 is to state the time allowed for correction of the violation. 6 29 If the facility fails to correct the violation within the time 6 30 specified or violates the same provision, a written citation 6 31 may be issued following a follow-up inspection to confirm the 6 32 uncorrected or new violation. 6 33 The bill also provides that if a health care facility is 6 34 the prevailing party in an action for judicial review or 6 35 appellate review of a citation issued by the department of 7 1 inspections and appeals, the department is required to pay 7 2 court costs, attorney fees, and expert witness fees associated 7 3 with the action. 7 4 LSB 1585YH 79 7 5 pf/cls/14
Text: HF00189 Text: HF00191 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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