Text: HSB00509 Text: HSB00511 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 135C.20A, subsection 1, Code 2001, is 1 2 amended to read as follows: 1 3 1. The department shall develop and utilize a report card 1 4 system for the recording of the findings of any inspection of 1 5 a health care facility. The report card shall include but is 1 6 not limited to a summary of the findings of the inspection, 1 7 any violation found, any enforcement action taken including 1 8 any citations issued and penalties assessed, any actions taken 1 9 to correct violations or deficiencies, and the nature and 1 10 status of any action taken with respect to any uncorrected 1 11 violation for which a citation was issued. The findings of an 1 12 inspection shall only be made available to the public in 1 13 accordance with the following: 1 14 a. If the health care facility is issued a citation based 1 15 upon the findings of an inspection and contests the citation 1 16 pursuant to section 135C.41, subsection 2, the findings of the 1 17 inspection shall not be made available to the public until the 1 18 results of the informal conference pursuant to section 135C.42 1 19 are available. If the health care facility desires to further 1 20 contest an affirmed or modified citation following an informal 1 21 conference, the findings of the inspection may be made 1 22 available to the public if the format of the report card 1 23 provides for an indication that the citation is contested. 1 24 The report card shall be updated to reflect the final action 1 25 of any contested case proceeding or judicial review of the 1 26 final action. 1 27 b. If the health care facility is issued a citation based 1 28 upon the findings of an inspection and initially contests the 1 29 citation pursuant to section 135C.43, subsection 1, the 1 30 findings of the inspection shall not be made available to the 1 31 public until a final decision is rendered pursuant to section 1 32 17A.15. If the health care facility desires to further 1 33 contest the final decision and petitions for judicial review 1 34 pursuant to section 135C.43, subsection 2, the findings of the 1 35 inspection may be made available to the public if the format 2 1 of the report card provides for an indication that the 2 2 citation is contested. The report card shall be updated to 2 3 reflect the results of judicial review of the final action. 2 4 EXPLANATION 2 5 This bill provides criteria for the release of findings of 2 6 an inspection of a health care facility to the public in a 2 7 report card format. The bill provides that if, following an 2 8 inspection, a health care facility is issued a citation, and 2 9 requests an informal hearing on the citation, the findings of 2 10 the inspection are not to be released to the public until the 2 11 results of the informal hearing are available, and if the 2 12 results of the informal hearing are contested, the findings of 2 13 the inspection may be made available to the public only if the 2 14 report card format provides for an indication that the 2 15 citation is contested. The report card is to be updated to 2 16 reflect the final action of any contested case proceeding or 2 17 judicial review of the final agency action. The bill also 2 18 provides that if, following an inspection, a health care 2 19 facility is issued a citation and formally contests the 2 20 citation, the findings of the inspection are not to be 2 21 released to the public until a final decision is rendered 2 22 under the contested case proceeding. If the health care 2 23 facility desires to further contest the final decision 2 24 rendered under the contested case proceeding and petitions for 2 25 judicial review, the findings of the inspection may be made 2 26 available to the public if the format of the report card 2 27 provides for an indication that the citation is contested. 2 28 The report card is to be updated to reflect the results of 2 29 judicial review of the final agency action. 2 30 LSB 5475HC 79 2 31 pf/cls/14
Text: HSB00509 Text: HSB00511 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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