Text: HF00509 Text: HF00511 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 135C.1, Code 2001, is amended by adding 1 2 the following new subsections: 1 3 NEW SUBSECTION. 13A. "Nursing facility administrator" 1 4 means a person who administers, manages, supervises, or is in 1 5 general administrative charge of a nursing facility whether or 1 6 not such individual has an ownership interest in such facility 1 7 and whether or not the individual's functions and duties are 1 8 shared with one or more individuals. 1 9 NEW SUBSECTION. 15A. "Quality assessment and assurance 1 10 committee" means a committee consisting of those individuals 1 11 identified in 42 C.F.R. } 483.75(o)(1), who are responsible 1 12 for identifying issues which may adversely impact the quality 1 13 of care and services provided to residents, and developing and 1 14 implementing plans of action to correct identified quality 1 15 issues. 1 16 Sec. 2. Section 147.1, subsection 2, paragraph e, 1 17 subparagraph (6), Code 2001, is amended to read as follows: 1 18 (6) A health care entity, including but not limited to a 1 19 group medical practice or a health facility licensed under 1 20 chapter 135C, that provides health care services and follows a 1 21 formal peer review process for the purpose of furthering 1 22 quality health care. 1 23 Sec. 3. Section 147.135, subsection 2, Code 2001, is 1 24 amended to read as follows: 1 25 2. As used in this subsection, "peer review activity" 1 26 means the procedure by which peer review committees or quality 1 27 assessment and assurance committees, as defined in section 1 28 135C.1, monitor, evaluate, and recommend actions to improve 1 29 and assure the delivery and quality of services within the 1 30 committees' respective facilities, agencies, and professions, 1 31 including recommendations, consideration of recommendations, 1 32 actions with regard to recommendations, and implementation of 1 33 actions. As used in this subsection, "peer review records" 1 34 means all complaint files, investigation files, reports, and 1 35 other investigative information relating to the monitoring, 2 1 evaluation, and recommendation of actions to improve the 2 2 delivery and quality of health care services, licensee 2 3 discipline, or professional competence in the possession of a 2 4 peer review committee or an employee of a peer review 2 5 committee. As used in this subsection, "peer review 2 6 committee" does not include examining boards. Peer review 2 7 records are privileged and confidential, are not subject to 2 8 discovery, subpoena, or other means of legal compulsion for 2 9 release to a person other than an affected licensee or a peer 2 10 review committee and are not admissible in evidence in a 2 11 judicial or administrative proceeding other than a proceeding 2 12 involving licensee discipline or a proceeding brought by a 2 13 licensee who is the subject of a peer review record and whose 2 14 competence is at issue. A person shall not be liable as a 2 15 result of filing a report or complaint with a peer review 2 16 committee or providing information to such a committee, or for 2 17 disclosure of privileged matter to a peer review committee. A 2 18 person present at a meeting of a peer review committee shall 2 19 not be permitted to testify as to the findings, 2 20 recommendations, evaluations, or opinions of the peer review 2 21 committee in any judicial or administrative proceeding other 2 22 than a proceeding involving licensee discipline or a 2 23 proceeding brought by a licensee who is the subject of a peer 2 24 review committee meeting and whose competence is at issue. 2 25 Information or documents discoverable from sources other than 2 26 the peer review committee do not become nondiscoverable from 2 27 the other sources merely because they are made available to or 2 28 are in the possession of a peer review committee. However, 2 29 such information relating to licensee discipline may be 2 30 disclosed to an appropriate licensing authority in any 2 31 jurisdiction in which the licensee is licensed or has applied 2 32 for a license. If such information indicates a crime has been 2 33 committed, the information shall be reported to the proper law 2 34 enforcement agency. This subsection shall not preclude the 2 35 discovery of the identification of witnesses or documents 3 1 known to a peer review committee. Any final written decision 3 2 and finding of fact by a licensing board in a disciplinary 3 3 proceeding is a public record. Upon appeal by a licensee of a 3 4 decision of a licensing board, the entire case record shall be 3 5 submitted to the reviewing court. In all cases where 3 6 privileged and confidential information under this subsection 3 7 becomes discoverable, admissible, or part of a court record 3 8 the identity of an individual whose privilege has been 3 9 involuntarily waived shall be withheld. 3 10 Sec. 4. Section 147.136, Code 2001, is amended to read as 3 11 follows: 3 12 147.136 SCOPE OF RECOVERY. 3 13 In an action for damages for personal injury against a 3 14 physician and surgeon, osteopath, osteopathic physician and 3 15 surgeon, dentist, podiatric physician, optometrist, 3 16 pharmacist, chiropractor, nursing facility administrator, or 3 17 nurse licensed to practice that profession in this state, or 3 18 against a hospital or nursing facility licensedfor operation3 19in this stateunder chapter 135C, based on the alleged 3 20 negligence of the practitioner in the practice of the 3 21 profession or occupation, or upon the alleged negligence of 3 22thea hospital or nursing facility in patient care, in which 3 23 liability is admitted or established, the damages awarded 3 24 shall not include actual economic losses incurred or to be 3 25 incurred in the future by the claimant by reason of the 3 26 personal injury, including but not limited to, the cost of 3 27 reasonable and necessary medical care, rehabilitation 3 28 services, and custodial care, and the loss of services and 3 29 loss of earned income, to the extent that those losses are 3 30 replaced or are indemnified by insurance, or by governmental, 3 31 employment, or service benefit programs or from any other 3 32 source except the assets of the claimant or of the members of 3 33 the claimant's immediate family. 3 34 Sec. 5. Section 147.138, Code 2001, is amended to read as 3 35 follows: 4 1 147.138 CONTINGENT FEE OF ATTORNEY REVIEWED BY COURT. 4 2 In any action for personal injury or wrongful death against 4 3 any physician and surgeon, osteopath, osteopathic physician 4 4 and surgeon, dentist, podiatric physician, optometrist, 4 5 pharmacist, chiropractor, nursing facility administrator, or 4 6 nurse licensed under this chapter or against any hospital 4 7 licensed under chapter 135B, or nursing facility licensed 4 8 under chapter 135C, based upon the alleged negligence of the 4 9 licensee in the practice of that profession or occupation, or 4 10 upon the alleged negligence of the hospital or nursing 4 11 facility in patient care, the court shall determine the 4 12 reasonableness of any contingent fee arrangement between the 4 13 plaintiff and the plaintiff's attorney. 4 14 EXPLANATION 4 15 This bill provides a definition of "peer review activity" 4 16 and amends the definition of "peer review records" for 4 17 purposes of Code section 147.135, relating to the nonliability 4 18 of a person for acts, omissions, or decisions made in 4 19 connection with a person's service on a peer review committee. 4 20 The bill also amends the definition of "peer review committee" 4 21 to include members of nursing facilities licensed under Code 4 22 chapter 135. 4 23 The bill further adds nursing facility administrators and 4 24 nursing facilities to the list of individuals or entities that 4 25 may be sued in suits to recover damages for personal injury, 4 26 and provides a definition of "nursing facility administrator". 4 27 LSB 2920HH 79 4 28 rh/cf/24
Text: HF00509 Text: HF00511 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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