135C.14  Rules.

The department shall, in accordance with chapter 17A, and with the approval of the state board of health adopt and enforce rules setting minimum standards for health care facilities. In so doing, the department, with the approval of the state board of health, may adopt by reference, with or without amendment, nationally recognized standards and rules, which shall be specified by title and edition, date of publication, or similar information. The rules and standards required by this section shall be formulated in consultation with the director of human services or the director's designee and with affected industry, professional, and consumer groups, and shall be designed to further the accomplishment of the purposes of this chapter and shall relate to:

1.  Location and construction of the facility, including plumbing, heating, lighting, ventilation, and other housing conditions, which shall ensure the health, safety and comfort of residents and protection from fire hazards. The rules of the department relating to protection from fire hazards and fire safety shall be promulgated by the state fire marshal, and shall be in keeping with the latest generally recognized safety criteria for the facilities covered of which the applicable criteria recommended and published from time to time by the national fire protection association are prima facie evidence.

2.  Number and qualifications of all personnel, including management and nursing personnel, having responsibility for any part of the care provided to residents.

3.  All sanitary conditions within the facility and its surroundings including water supply, sewage disposal, food handling, and general hygiene, which shall ensure the health and comfort of residents.

4.  Diet related to the needs of each resident and based on good nutritional practice and on recommendations which may be made by the physician attending the resident.

5.  Equipment essential to the health and welfare of the resident.

6.  Requirements that a minimum number of registered or licensed practical nurses and nurses' aides, relative to the number of residents admitted, be employed by each licensed facility. Staff-to-resident ratios established under this subsection need not be the same for facilities holding different types of licenses, nor for facilities holding the same type of license if there are significant differences in the needs of residents which the respective facilities are serving or intend to serve.

7.  Social services and rehabilitative services provided for the residents.

8.  Facility policies and procedures regarding the treatment, care, and rights of residents. The rules shall apply the federal resident's rights contained in the federal Omnibus Budget Reconciliation Act of 1987, Pub. L. No. 100-203, and the regulations adopted pursuant to the Act and contained in 42 C.F.R. § 483.10, 483.12, 483.13, and 483.15, as amended to February 2, 1989, to all health care facilities as defined in this chapter and shall include procedures for implementing and enforcing the federal rules. The department shall also adopt rules relating to the following:

a.  The transfer of residents to other rooms within a facility.

b.  The involuntary discharge or transfer of residents from a facility including provisions for notice and agency hearings and for the development of a patient discharge or transfer plan and for providing counseling services to a patient being discharged or transferred.

c.  The required holding of a bed for a resident under designated circumstances upon payment of a prescribed charge for the bed.

d.  The notification of care review committees by the department of all complaints relating to health care facilities and the involvement of the care review committees in resolution of the complaints.

e.  For the recoupment of funds or property to residents when the resident's personal funds or property have been used without the resident's written consent or the written consent of the resident's guardian.

Section History: Early form

  [C50, 54, § 135C.5; C58, 62, 66, 71, 73, 75, 77, 79, 81, § 135C.14; 81 Acts, ch 60, § 1]

Section History: Recent form

  83 Acts, ch 96, § 157, 159; 83 Acts, ch 101, § 18; 89 Acts, ch 241, § 1, 2; 90 Acts, ch 1204, § 14

Internal References

  Referred to in § 135C.2, 135C.36

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