Text: HF00477 Text: HF00479 Text: HF00400 - HF00499 Text: HF 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 2001, 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 2001, 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, the commission on accreditation of 1 27 rehabilitation facilities, the council on accreditation of 1 28 services for families and children, or by any other federally 1 29 recognized accrediting organization with comparable standards. 1 30 3. The applicant complies with applicable state rules and 1 31 standards for a psychiatric institution adopted by the 1 32 department in accordance with federal requirements under 42 1 33 C.F.R. } 441.150–441.156. 1 344. The applicant has been awarded a certificate of need1 35pursuant to chapter 135, unless exempt as provided in this2 1section.2 25.4. The department of human services has submitted 2 3 written approval of the application based on the department of 2 4 human services' determination of need. The department of 2 5 human services shall identify the location and number of 2 6 children in the state who require the services of a 2 7 psychiatric medical institution for children. Approval of an 2 8 application shall be based upon the location of the proposed 2 9 psychiatric institution relative to the need for services 2 10 identified by the department of human services and an analysis 2 11 of the applicant's ability to provide services and support 2 12 consistent with requirements under chapter 232, particularly 2 13 regarding community-based treatment. If the proposed 2 14 psychiatric institution is not freestanding from a facility 2 15 licensed under chapter 135B or 135C, approval under this 2 16 subsection shall not be given unless the department of human 2 17 services certifies that the proposed psychiatric institution 2 18 is capable of providing a resident with a living environment 2 19 similar to the living environment provided by a licensee which 2 20 is freestanding from a facility licensed under chapter 135B or 2 21 135C. 2 226.5. The department of human services shall not give 2 23 approval to an application which would cause the total number 2 24 of beds licensed under this chapter for services reimbursed by 2 25 the medical assistance program under chapter 249A to exceed 2 26 four hundred thirty beds. 2 277.6. In addition to the beds authorized under subsection 2 28 6, the department of human services may establish not more 2 29 than thirty beds licensed under this chapter at the state 2 30 mental health institute at Independence.The beds shall be2 31exempt from the certificate of need requirement under2 32subsection 4.2 338.7. The department of human services may give approval 2 34 to conversion of beds approved under subsection 6, to beds 2 35 which are specialized to provide substance abuse treatment. 3 1 However, the total number of beds approved under subsection 6 3 2 and this subsection shall not exceed four hundred thirty. 3 3Conversion of beds under this subsection shall not require a3 4revision of the certificate of need issued for the psychiatric3 5institution making the conversion.3 69.8. The proposed psychiatric institution is under the 3 7 direction of an agency which has operated a facility licensed 3 8 under section 237.3, subsection 2, paragraph "a", as a 3 9 comprehensive residential facility for children for three 3 10 years or of an agency which has operated a facility for three 3 11 years providing psychiatric services exclusively to children 3 12 or adolescents and the facility meets or exceeds requirements 3 13 for licensure under section 237.3, subsection 2, paragraph 3 14 "a", as a comprehensive residential facility for children. 3 1510.9. A psychiatric institution licensed prior to July 1, 3 16 1999, may exceed the number of beds authorized under 3 17 subsection 6 if the excess beds are used to provide services 3 18 funded from a source other than the medical assistance program 3 19 under chapter 249A. Notwithstanding subsections 4,and 5, and3 206, the provision of services using those excess beds does not 3 21 require acertificate of need or areview by the department of 3 22 human services. 3 23 Sec. 3. Section 231B.2, subsection 1, Code 2001, is 3 24 amended to read as follows: 3 25 1. The department shall establish by rule in accordance 3 26 with chapter 17A a special classification for elder group 3 27 homes.An elder group home established pursuant to this3 28subsection is exempt from the requirements of section 135.63.3 29 Sec. 4. Section 231C.3, subsection 1, Code 2001, is 3 30 amended to read as follows: 3 31 1. The department shall establish, by rule in accordance 3 32 with chapter 17A, a program for certification and monitoring 3 33 of assisted living programs. An assisted living program which 3 34 is voluntarily accredited is not required to also be certified 3 35 by the department and the department shall accept voluntary 4 1 accreditation in lieu of certification by the department.An4 2assisted living program certified or voluntarily accredited4 3under this section is exempt from the requirements of section4 4135.63 relating to certificate of need requirements.4 5 Sec. 5. Section 708.3A, subsection 5, Code 2001, is 4 6 amended to read as follows: 4 7 5. As used in this section, "health care provider" means 4 8 an emergency medical care provider as defined in chapter 147A 4 9 or a person licensed or registered under chapter 148, 148C, 4 10 148D, 150, 150A, or 152 who is providing or who is attempting 4 11 to provide emergency medical services, as defined in section 4 12 147A.1, or who is providing or who is attempting to provide 4 13 health servicesas defined in section 135.61in a hospital. 4 14 For the purposes of this section, "health services" means 4 15 clinically related diagnostic, curative, or rehabilitative 4 16 services, and includes alcoholism, drug abuse, and mental 4 17 health services. A person who commits an assault under this 4 18 section against a health care provider in a hospital, or at 4 19 the scene or during out-of-hospital patient transportation in 4 20 an ambulance, is presumed to know that the person against whom 4 21 the assault is committed is a health care provider. 4 22 Sec. 6. Sections 135.61 through 135.73, Code 2001, are 4 23 repealed. 4 24 EXPLANATION 4 25 This bill eliminates the certificate of need program for 4 26 health facilities, under the Iowa department of public health. 4 27 The bill also makes conforming changes in the Code due to the 4 28 elimination of the program. 4 29 LSB 2898YH 79 4 30 pf/pj/5
Text: HF00477 Text: HF00479 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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