House
File
919
H-1163
Amend
House
File
919
as
follows:
1
1.
By
striking
everything
after
the
enacting
clause
and
2
inserting:
3
<
Section
1.
Section
135B.1,
Code
2025,
is
amended
by
adding
4
the
following
new
subsection:
5
NEW
SUBSECTION
.
7.
“Children’s
specialty
hospital”
means
a
6
hospital
described
by
all
of
the
following:
7
a.
The
hospital
is
owned
and
operated
by
a
nonprofit
8
organization.
9
b.
The
hospital
only
serves
individuals
thirty
years
of
age
10
and
younger.
11
c.
More
than
sixty
percent
of
the
individuals
served
by
the
12
hospital
receive
medical
assistance
under
chapter
249A.
13
d.
The
hospital
specializes
in
pediatric
rehabilitation
and
14
treating
children
with
a
behavioral
health
condition
or
complex
15
medical
needs.
16
e.
The
hospital
has
no
more
than
two
hundred
inpatient
beds.
17
f.
The
hospital
provides
outpatient
services.
18
g.
The
hospital
met
the
definition
of
a
special
population
19
nursing
facility,
as
promulgated
by
rule
by
the
department
of
20
health
and
human
services,
prior
to
July
1,
2025.
21
Sec.
2.
NEW
SECTION
.
135B.40
Children’s
specialty
22
hospitals.
23
1.
The
department
may
adopt
rules
pursuant
to
chapter
17A
24
to
establish
minimum
standards
for
the
licensure
of
children’s
25
specialty
hospitals.
Rules
adopted
pursuant
to
this
section
26
shall
be
formulated
in
consultation
with
the
director
of
27
health
and
human
services
or
the
director’s
designee,
and
with
28
affected
industry,
professional,
and
consumer
groups.
29
2.
A
children’s
specialty
hospital
shall
establish
formal
30
criteria
based
on
objective
medical
standards
for
patient
31
admission,
discharge,
and
continuation
of
care.
32
Sec.
3.
DEPARTMENT
OF
INSPECTIONS,
APPEALS,
AND
LICENSING
33
——
DEPARTMENT
OF
HEALTH
AND
HUMAN
SERVICES
——
CHILDREN’S
34
SPECIALTY
HOSPITALS.
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#1.
1.
For
purposes
of
this
section,
“licensed
entity”
means
1
an
entity
granted
a
provisional
children’s
specialty
hospital
2
license
under
subsection
2,
paragraph
“a”.
3
2.
The
department
of
inspections,
appeals,
and
licensing
4
shall
do
all
of
the
following:
5
a.
Within
thirty
calendar
days
of
the
effective
date
of
6
this
Act,
grant
a
provisional
children’s
specialty
hospital
7
license
to
an
entity
that
requests
such
provisional
licensure
8
provided
that
the
entity
meets
the
definition
of
children’s
9
specialty
hospital
under
section
135B.1.
A
provisional
license
10
granted
under
this
paragraph
shall
be
valid
for
no
more
than
11
twenty-four
consecutive
months
from
the
date
the
provisional
12
license
is
granted.
A
licensed
entity
may
seek
federal
13
certification
and
participation
in
federal
reimbursement
14
programs
that
require
hospital
licensure.
15
b.
Grant
reasonable
waivers
from
state
hospital
rules
to
16
permit
a
licensed
entity
to
maintain
the
licensed
entity’s
17
operations
as
provided
prior
to
the
effective
date
of
this
18
Act,
until
the
date
the
licensed
entity
obtains
federal
19
certification
or
the
ability
to
participate
in
federal
20
reimbursement
programs
that
require
hospital
licensure.
After
21
a
licensed
entity
obtains
federal
certification
or
the
ability
22
to
participate
in
federal
reimbursement
programs
that
require
23
hospital
licensure,
the
department
of
inspections,
appeals,
and
24
licensing
and
the
department
of
health
and
human
services
shall
25
grant
the
necessary
waivers
to
the
licensed
entity
to
ensure
26
the
licensed
entity’s
compliance
with
the
requirements
of
the
27
federal
certification
or
the
federal
reimbursement
programs.
28
Waivers
granted
under
this
paragraph
shall
specifically
include
29
a
waiver
from
state
rules
that
require
a
licensed
entity
to
30
maintain,
or
to
have
available,
laboratory
and
pathology
31
services
and
facilities,
other
than
laboratory
and
pathology
32
services
and
facilities
that
the
licensed
entity
maintained
33
prior
to
the
effective
date
of
this
Act,
and
a
waiver
from
34
state
rules
that
require
the
provision
of
emergency
services,
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other
than
emergency
services
that
the
licensed
entity
provided
1
prior
to
the
effective
date
of
this
Act.
Each
waiver
granted
2
to
a
licensed
entity
under
this
paragraph
shall
be
valid
for
3
no
more
than
twenty-four
consecutive
months
from
the
date
the
4
licensed
entity
was
granted
a
provisional
children’s
specialty
5
hospital
license
under
paragraph
“a”,
or
until
the
date
the
6
licensed
entity
obtains
a
permanent
children’s
specialty
7
hospital
license,
whichever
date
is
earlier.
8
c.
Collaborate
with
the
department
of
health
and
human
9
services
and
a
licensed
entity
to
assist
the
licensed
entity
10
in
seeking
federal
certification
or
participation
in
federal
11
reimbursement
programs
requiring
hospital
licensure.
12
3.
A
licensed
entity
may
operate
under
the
minimum
physical
13
standards
for
nursing
facilities
in
481
IAC
61
under
which
14
the
licensed
entity
operated
prior
to
the
effective
date
of
15
this
Act,
and
shall
be
exempt
from
all
other
construction
16
standards
applicable
only
to
hospitals
and
off-site
premises.
17
The
exemption
under
this
paragraph
shall
include
the
exemption
18
from
the
standards
set
forth
in
the
guidelines
for
design
19
and
construction
of
hospitals
as
published
by
the
facility
20
guidelines
institute.
21
4.
The
department
of
health
and
human
services
shall
set
22
reimbursement
rates
for
inpatient
care
and
outpatient
care
23
provided
by
the
licensed
entity.
Reimbursement
rates
under
24
this
subsection
shall
be
equal
to
the
licensed
entity’s
average
25
allowable
per
diem
costs,
and
adjusted
for
inflation
based
on
26
all
of
the
following:
27
a.
For
inpatient
care,
441
IAC
79.1(5)(k).
28
b.
For
outpatient
care,
441
IAC
79.1(1)(g),
(h),
and
(i).
29
5.
A
licensed
entity
shall
be
exempt
from
certificate
of
30
need
requirements
under
chapter
10A,
subchapter
VII,
part
2,
31
to
the
extent
that
the
licensed
entity
is
implementing
a
new
32
institutional
health
service,
or
a
changed
institutional
health
33
service,
for
the
purpose
of
converting
the
licensed
entity
to
a
34
children’s
specialty
hospital,
or
to
revert
the
licensed
entity
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4
to
a
nursing
facility.
The
exemption
under
this
subsection
1
shall
continue
until
the
earlier
of
the
following
occurs:
2
a.
The
date
the
licensed
entity
obtains
a
permanent
3
children’s
specialty
hospital
license.
4
b.
Twenty-four
consecutive
months
from
the
date
the
5
licensed
entity
was
granted
a
provisional
children’s
specialty
6
hospital
license.
7
Sec.
4.
EMERGENCY
RULES.
The
department
of
inspections,
8
appeals,
and
licensing
may
adopt
emergency
rules
under
section
9
17A.4,
subsection
3,
and
section
17A.5,
subsection
2,
paragraph
10
“b”,
to
implement
the
provisions
of
this
Act
and
the
rules
11
shall
be
effective
immediately
upon
filing
unless
a
later
date
12
is
specified
in
the
rules.
Any
rules
adopted
in
accordance
13
with
this
section
shall
also
be
published
as
a
notice
of
14
intended
action
as
provided
in
section
17A.4.
15
Sec.
5.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
16
importance,
takes
effect
upon
enactment.
>
17
2.
Title
page,
line
1,
after
<
to
>
by
inserting
<
children’s
>
18
3.
Title
page,
line
2,
by
striking
<
organizations.
>
19
and
inserting
<
organizations,
and
including
effective
date
20
provisions.
>
21
______________________________
A.
MEYER
of
Webster
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4
#2.
#3.