Text: HF02341 Text: HF02343 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 135C.19, Code 2001, is amended by
1 2 adding the following new subsection:
1 3 NEW SUBSECTION. 4. The findings of an inspection of a
1 4 health care facility which are not final findings, constitute
1 5 a public record pursuant to chapter 22. However, a health
1 6 care facility shall not be required to post the record of such
1 7 findings in a public place, but shall maintain the record of
1 8 such findings at the health care facility site and shall make
1 9 the record available for public inspection, upon request.
1 10 Sec. 2. Section 135C.20A, subsection 1, Code 2001, is
1 11 amended to read as follows:
1 12 1. The department shall develop and utilize a report card
1 13 system for the recording of the findings of any inspection of
1 14 a health care facility. The report card shall include but is
1 15 not limited to a summary of the findings of the inspection,
1 16 any violation found, any enforcement action taken including
1 17 any citations issued and penalties assessed, any actions taken
1 18 to correct violations or deficiencies, and the nature and
1 19 status of any action taken with respect to any uncorrected
1 20 violation for which a citation was issued. The findings of an
1 21 inspection shall only be made available to the public in
1 22 accordance with the following:
1 23 a. If the health care facility is issued a citation based
1 24 upon the findings of an inspection and contests the citation
1 25 pursuant to section 135C.41, subsection 2, the findings of the
1 26 inspection shall not be made available to the public utilizing
1 27 the report card system until the results of the informal
1 28 conference pursuant to section 135C.42 are available. If the
1 29 health care facility desires to further contest an affirmed or
1 30 modified citation following an informal conference, the
1 31 findings of the inspection may be made available to the public
1 32 utilizing the report card system if the format of the report
1 33 card provides for an indication that the citation is
1 34 contested. The report card shall be updated to reflect the
1 35 final action of any contested case proceeding or judicial
2 1 review of the final action.
2 2 b. If the health care facility is issued a citation based
2 3 upon the findings of an inspection and initially contests the
2 4 citation pursuant to section 135C.43, subsection 1, the
2 5 findings of the inspection shall not be made available to the
2 6 public utilizing the report card system until a final decision
2 7 is rendered pursuant to section 17A.15. If the health care
2 8 facility desires to further contest the final decision and
2 9 petitions for judicial review pursuant to section 135C.43,
2 10 subsection 2, the findings of the inspection may be made
2 11 available to the public utilizing the report card system if
2 12 the format of the report card provides for an indication that
2 13 the citation is contested. The report card shall be updated
2 14 to reflect the results of judicial review of the final action.
2 15 EXPLANATION
2 16 This bill provides criteria for the release of findings of
2 17 an inspection of a health care facility to the public. The
2 18 bill provides that findings of an inspection of a health care
2 19 facility which are not final findings constitute a public
2 20 record but that a health care facility is not required to post
2 21 the findings in a public place but is to maintain the record
2 22 of the findings at the facility site and the record is to be
2 23 made available for public inspection upon request.
2 24 The bill also provides that if, following an inspection, a
2 25 health care facility is issued a citation, and requests an
2 26 informal hearing on the citation, the findings of the
2 27 inspection are not to be released to the public via the report
2 28 card format until the results of the informal hearing are
2 29 available, and if the results of the informal hearing are
2 30 contested, the findings of the inspection may be made
2 31 available to the public only if the report card format
2 32 provides for an indication that the citation is contested.
2 33 The report card is to be updated to reflect the final action
2 34 of any contested case proceeding or judicial review of the
2 35 final agency action. The bill also provides that if,
3 1 following an inspection, a health care facility is issued a
3 2 citation and formally contests the citation, the findings of
3 3 the inspection are not to be released to the public via the
3 4 report card format until a final decision is rendered under
3 5 the contested case proceeding. If the health care facility
3 6 desires to further contest the final decision rendered under
3 7 the contested case proceeding and petitions for judicial
3 8 review, the findings of the inspection may be made available
3 9 to the public via the report card format if the format of the
3 10 report card provides for an indication that the citation is
3 11 contested. The report card is to be updated to reflect the
3 12 results of judicial review of the final agency action.
3 13 LSB 5475HV 79
3 14 pf/cls/14
Text: HF02341 Text: HF02343 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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