House
File
972
-
Enrolled
House
File
972
AN
ACT
RELATING
TO
HEALTH
CARE
INCLUDING
A
FUNDING
MODEL
FOR
THE
RURAL
HEALTH
CARE
SYSTEM;
THE
ELIMINATION
OF
SEVERAL
HEALTH
CARE-RELATED
AWARD,
GRANT,
RESIDENCY,
AND
FELLOWSHIP
PROGRAMS;
ESTABLISHMENT
OF
A
HEALTH
CARE
PROFESSIONAL
INCENTIVE
PROGRAM;
MEDICAID
GRADUATE
MEDICAL
EDUCATION;
THE
HEALTH
FACILITIES
COUNCIL;
AND
THE
IOWA
HEALTH
INFORMATION
NETWORK,
MAKING
APPROPRIATIONS,
AND
INCLUDING
EFFECTIVE
DATE
PROVISIONS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
House
File
972,
p.
2
DIVISION
I
HEALTH
CARE
HUB-AND-SPOKE
PARTNERSHIP
FUNDING
MODEL
Section
1.
HEALTH
CARE
HUB-AND-SPOKE
PARTNERSHIP
FUNDING
MODEL
APPROVAL.
The
department
of
health
and
human
services
shall
submit
to
the
centers
for
Medicare
and
Medicaid
services
of
the
United
States
department
of
health
and
human
services
a
request
for
approval
for
a
health
care
hub-and-spoke
partnership
funding
model
for
the
purpose
of
improving
Iowa’s
rural
health
system
to
establish
sufficient
financial
support
for
collaboration
among
regional
health
care
providers
in
rural
areas
to
transform
health
care
delivery
to
provide
quality
and
sustainable
care.
Sec.
2.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
enactment.
DIVISION
II
ELIMINATION
OF
PRIMECARRE
PROGRAMS
——
DEPARTMENT
OF
HEALTH
AND
HUMAN
SERVICES
Sec.
3.
Section
135.107,
subsection
1,
Code
2025,
is
amended
by
adding
the
following
new
paragraph:
NEW
PARAGRAPH
.
f.
Coordinate
with
the
college
student
aid
commission
to
administer
the
health
professional
incentive
program
created
in
section
256.222.
Sec.
4.
Section
135.107,
subsections
2
and
3,
Code
2025,
are
amended
by
striking
the
subsections.
Sec.
5.
Section
135B.33,
subsection
3,
Code
2025,
is
amended
to
read
as
follows:
3.
The
health
facilities
may
seek
technical
assistance
or
apply
for
matching
grant
funds
for
the
plan
development.
The
department
shall
require
compliance
with
subsection
1
,
paragraphs
“a”
through
“h”
,
when
the
facility
applies
for
matching
grant
funds.
Sec.
6.
TRANSITION
PROVISIONS
——
ACCOUNT.
1.
The
department
of
health
and
human
services
shall
make
loan
repayments
pursuant
to
a
loan
repayment
program
contract,
including
a
United
States
department
of
health
and
human
services
state
loan
repayment
program
contract,
executed
on
or
before
December
31,
2025,
under
the
primary
care
provider
loan
repayment
program
in
section
135.107,
Code
2025,
if
the
recipient
remains
in
compliance
with
all
obligations
under
the
House
File
972,
p.
3
loan
repayment
program
contract.
2.
a.
The
department
of
health
and
human
services
shall
create
an
account
for
deposit
of
any
moneys
encumbered
or
obligated
pursuant
to
a
loan
repayment
program
contract
as
specified
in
subsection
1.
The
department
shall
ensure
that
the
encumbered
and
obligated
moneys
remain
available
for
the
duration
of
the
loan
repayment
program
contract.
Moneys
in
the
account
are
appropriated
to
the
department
for
the
purposes
of
this
section.
b.
Notwithstanding
section
8.33,
any
balance
in
the
account
shall
not
revert
but
shall
remain
available
for
the
duration
of
such
loan
repayment
program
contracts.
Notwithstanding
section
12C.7,
subsection
2,
interest
or
earnings
on
moneys
deposited
in
the
account
shall
be
credited
to
the
account.
c.
Upon
expiration
of
all
loan
repayment
program
contract
periods
and
the
expenditure
of
all
moneys
encumbered
and
obligated
under
such
loan
repayment
contracts,
any
unencumbered
or
unobligated
moneys
remaining
in
the
account
created
under
this
section
shall
be
deposited
in
the
health
care
professional
incentive
program
fund
created
in
section
256.222,
as
enacted
by
this
Act.
DIVISION
III
ELIMINATION
OF
HEALTH
CARE-RELATED
LOAN
REPAYMENT
AND
FINANCIAL
AWARD
PROGRAMS
——
COLLEGE
STUDENT
AID
COMMISSION
Sec.
7.
REPEAL.
Sections
256.221,
256.223,
256.224,
and
256.225,
Code
2025,
are
repealed.
Sec.
8.
TRANSITION
PROVISIONS.
1.
The
college
student
aid
commission
shall
make
loan
repayments
pursuant
to
a
program
agreement
entered
into
on
or
before
June
30,
2025,
by
an
eligible
student
and
the
commission
under
the
rural
Iowa
primary
care
loan
repayment
program
in
section
256.221,
Code
2025,
if
the
student
remains
in
compliance
with
all
obligations
under
the
program
agreement.
2.
The
college
student
aid
commission
shall
make
loan
repayments
pursuant
to
a
contract
entered
into
on
or
before
June
30,
2025,
by
a
health
care
professional
and
the
commission
under
the
health
care
professional
recruitment
program
in
section
256.223,
Code
2025,
if
the
health
care
professional
remains
in
compliance
with
all
obligations
under
the
contract.
House
File
972,
p.
4
3.
The
college
student
aid
commission
shall
provide
the
annual
award
to
a
recipient
selected
on
or
before
June
30,
2025,
for
an
award
under
the
health
care
award
program
in
section
256.224,
Code
2025.
4.
The
college
student
aid
commission
shall
make
loan
repayments
pursuant
to
a
program
agreement
entered
into
on
or
before
June
30,
2025,
by
a
mental
health
professional
and
the
commission
under
the
mental
health
professional
loan
repayment
program
in
section
256.225,
Code
2025,
if
the
mental
health
professional
remains
in
compliance
with
all
obligations
under
the
program
agreement.
Sec.
9.
TRANSFER
OF
MONEYS.
On
the
effective
date
of
this
division
of
this
Act,
any
unencumbered
and
unobligated
moneys
remaining
in
the
following
funds
shall
be
transferred
to
the
health
care
professional
incentive
program
fund
created
in
section
256.222,
as
enacted
in
this
Act:
1.
The
rural
Iowa
primary
care
trust
fund
created
in
section
256.221,
subsection
12,
Code
2025.
2.
The
health
care
professional
recruitment
fund
created
in
section
256.223,
subsection
4,
Code
2025.
3.
The
health
care
award
fund
created
in
section
256.224,
subsection
6,
Code
2025.
4.
The
mental
health
professional
loan
repayment
fund
created
in
section
256.225,
subsection
7,
Code
2025.
Sec.
10.
TRANSITION
——
ACCOUNTS.
1.
The
college
student
aid
commission
shall
create
individual
accounts
for
the
deposit
of
any
moneys
encumbered
or
obligated
relating
to
a
loan
repayment
or
award
funded
under
each
of
the
following
programs:
a.
The
rural
Iowa
primary
care
loan
repayment
program
under
section
256.221,
Code
2025.
b.
The
health
care
professional
recruitment
program
under
section
256.223,
Code
2025.
c.
The
health
care
award
program
under
section
256.224,
Code
2025.
d.
The
mental
health
professional
loan
repayment
program
under
section
256.225,
Code
2025.
2.
Notwithstanding
section
8.33,
any
balance
in
any
of
the
accounts
created
under
subsection
1
shall
not
revert
but
House
File
972,
p.
5
shall
remain
available
for
the
duration
of
all
applicable
loan
repayments
and
awards.
Notwithstanding
section
12C.7,
subsection
2,
interest
or
earnings
on
moneys
deposited
in
each
account
shall
be
credited
to
the
respective
account.
3.
Upon
expiration
of
all
program
agreement,
contract,
and
award
disbursement
periods
and
the
expenditure
of
all
moneys
encumbered
and
obligated
under
such
program
agreements,
contracts,
and
awards,
any
unencumbered
or
unobligated
moneys
remaining
in
the
accounts
created
under
this
section
shall
be
deposited
in
the
health
care
professional
incentive
program
fund
created
in
section
256.222,
as
enacted
by
this
Act.
DIVISION
IV
HEALTH
CARE
PROFESSIONAL
INCENTIVE
PROGRAM
ESTABLISHED
Sec.
11.
NEW
SECTION
.
256.222
Health
care
professional
incentive
program
——
fund.
1.
Definitions.
For
purposes
of
this
section,
unless
the
context
otherwise
requires:
a.
“Award”
means
either
of
the
following:
(1)
A
loan
repayment
made
on
behalf
of
an
eligible
health
care
professional
on
the
total
amount
owed,
including
principal
and
interest,
by
the
eligible
health
care
professional
on
any
of
the
following:
(a)
A
federally
guaranteed
Stafford
loan
under
the
federal
family
education
loan
program
or
the
federal
direct
loan
program.
(b)
A
federal
grad
plus
loan.
(c)
A
consolidated
federally
guaranteed
Stafford
loan
under
the
federal
family
education
loan
program
or
the
federal
direct
loan
program.
(d)
A
consolidated
federal
grad
plus
loan.
(2)
An
income
bonus
paid
to
an
eligible
health
care
professional.
b.
“Commission”
means
the
college
student
aid
commission.
c.
“Department”
means
the
department
of
health
and
human
services.
d.
“Eligible
health
care
profession”
means
health
care
occupational
categories
that
are
in
high
demand,
as
determined
and
maintained
on
a
list
by
the
department,
and
may
include
but
are
not
limited
to
physicians,
physician
assistants,
registered
House
File
972,
p.
6
nurses,
nurse
practitioners,
nurse
educators,
and
mental
health
professionals.
e.
“Eligible
health
care
professional”
means
an
individual
currently
employed,
or
who
will
be
employed,
in
an
eligible
health
care
profession
that
is
located
in
an
eligible
practice
area.
f.
“Eligible
practice
area”
means
a
geographic
region
or
county
in
this
state
that
has
a
shortage
of
health
care
professionals
as
determined
by
the
department.
g.
“Employment
obligation”
means
the
number
of
consecutive
years
an
eligible
health
care
professional
must
practice.
(1)
If
practicing
full-time,
which
means
at
least
two
thousand
eighty
hours
of
work
in
a
calendar
year,
including
all
paid
holidays,
vacations,
sick
time,
and
other
paid
leave,
an
eligible
health
care
professional
must
practice
for
five
years.
(2)
If
practicing
part-time,
which
means
at
least
one
thousand
five
hundred
sixty
hours
of
work
in
a
calendar
year,
including
all
paid
holidays,
vacations,
sick
time,
and
other
paid
leave,
an
eligible
health
care
professional
must
practice
for
seven
years.
h.
“Program”
means
the
health
care
professional
incentive
program
established
in
this
section.
2.
Program
established.
The
health
care
professional
incentive
program
is
established
and
shall
be
administered
by
the
commission,
in
coordination
with
the
department,
for
the
purpose
of
offering
awards
to
recruit
and
retain
eligible
health
care
professionals
for
employment
in
eligible
practice
areas.
For
the
fiscal
year
beginning
July
1,
2025,
and
each
fiscal
year
thereafter,
the
commission,
in
coordination
with
the
department,
shall
determine
the
number
of
awards
available
for
each
eligible
health
care
profession
prior
to
the
commencement
of
the
fiscal
year.
3.
Legislative
intent.
It
is
the
intent
of
the
general
assembly
that
the
program
shall
not
interfere
with
local
community
investments
to
recruit
and
retain
health
care
professionals.
4.
Exceptions.
An
eligible
health
care
professional
shall
be
ineligible
for
the
program
if
the
eligible
health
care
professional
is
currently
participating
in,
or
has
participated
House
File
972,
p.
7
in,
any
of
the
following:
a.
The
primary
care
provider
loan
repayment
program
pursuant
to
section
135.107,
Code
2025.
b.
The
rural
Iowa
primary
care
loan
repayment
program
pursuant
to
section
256.221,
Code
2025.
c.
The
health
care
professional
recruitment
program
pursuant
to
section
256.223,
Code
2025.
d.
The
health
care
award
program
pursuant
to
section
256.224,
Code
2025.
e.
The
mental
health
professional
loan
repayment
program
pursuant
to
section
256.225,
Code
2025.
5.
Program
requirements.
a.
An
eligible
health
care
professional
may
submit
an
application
for
the
program
to
the
commission
in
the
form
and
manner
prescribed
by
the
commission.
The
applicant
shall
elect
to
receive
an
award
as
either
a
loan
repayment
or
an
income
bonus
if
selected
for
the
program,
and
shall
submit
any
additional
information
requested
by
the
commission.
b.
The
commission
shall
give
priority
to
an
applicant
fulfilling
a
full-time
employment
obligation.
c.
If
selected
for
an
award,
the
eligible
health
care
professional
and
the
commission
shall
execute
a
program
agreement
that
specifies
all
of
the
following:
(1)
The
date
the
eligible
health
care
professional’s
employment
obligation
begins,
which
shall
be
no
later
than
six
months
from
the
date
the
program
agreement
is
executed.
(2)
The
date
the
health
care
professional’s
employment
obligation
terminates.
(3)
Whether
the
award
is
a
loan
repayment
or
an
income
bonus,
and
the
terms
and
conditions
related
to
the
award,
including
the
aggregate
award
amount
that
the
eligible
health
care
professional
will
receive.
(4)
Requirements
regarding
the
eligible
health
care
professional’s
license
to
practice
in
this
state
while
participating
in
the
program.
(5)
All
other
terms
and
conditions
agreed
to
by
the
eligible
health
care
professional
and
the
commission.
6.
Awards.
a.
Upon
verifying
the
eligible
health
care
professional
is
House
File
972,
p.
8
in
compliance
with
all
terms
of
the
program
agreement
executed
pursuant
to
subsection
5,
paragraph
“c”
,
the
commission
shall
pay
the
eligible
health
care
professional’s
award
annually
as
follows:
(1)
For
a
full-time
employment
obligation,
the
award
shall
be
paid
as
follows:
(a)
An
amount
equal
to
twenty
percent
of
the
aggregate
award
shall
be
paid
to
the
eligible
health
care
professional
after
the
completion
of
the
first
year
of
the
eligible
health
care
professional’s
employment
obligation.
(b)
An
amount
equal
to
fifteen
percent
of
the
aggregate
award
shall
be
paid
to
the
eligible
health
care
professional
after
the
completion
of
the
second
year,
the
third
year,
and
the
fourth
year
of
the
eligible
health
care
professional’s
employment
obligation.
(c)
An
amount
equal
to
thirty-five
percent
of
the
aggregate
award
shall
be
paid
to
the
eligible
health
care
professional
after
the
completion
of
the
fifth
year
of
the
eligible
health
care
professional’s
employment
obligation.
(2)
For
a
part-time
employment
obligation,
the
aggregate
award
shall
be
prorated
by
the
commission.
b.
A
minimum
of
every
five
years,
the
commission,
in
consultation
with
the
department,
shall
establish
a
list
of
eligible
health
care
professions
and
the
aggregate
award
amount
for
each
eligible
health
care
profession.
The
aggregate
award
amount
shall
not
exceed
two
hundred
thousand
dollars.
c.
An
individual
who
executed
a
program
agreement
under
subsection
5,
paragraph
“c”
,
prior
to
the
exclusion
of
the
individual’s
health
care
profession
from
the
list
established
under
paragraph
“b”
shall
remain
eligible
for
the
program
per
the
terms
of
the
individual’s
program
agreement.
7.
Health
care
professional
incentive
program
fund.
A
health
care
professional
incentive
program
fund
is
created
in
the
state
treasury
under
the
control
of
the
commission.
All
moneys
deposited
or
paid
into
the
fund
are
appropriated
to
the
commission
to
be
used
for
awards
as
provided
in
this
section.
Notwithstanding
section
8.33,
moneys
in
the
fund
that
remain
unencumbered
or
unobligated
at
the
close
of
each
fiscal
year
shall
not
revert
but
shall
remain
available
for
expenditure.
House
File
972,
p.
9
Notwithstanding
section
12C.7,
subsection
2,
interest
or
earnings
on
moneys
in
the
fund
shall
be
credited
to
the
fund
and
may
be
utilized
by
the
commission
for
administrative
costs.
8.
Rules.
The
commission,
in
coordination
with
the
department,
shall
adopt
rules
pursuant
to
chapter
17A
to
administer
this
section.
Sec.
12.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
enactment.
DIVISION
V
GRADUATE
MEDICAL
EDUCATION
——
MEDICAID
SUPPLEMENTAL
ENHANCED
PAYMENT
Sec.
13.
GRADUATE
MEDICAL
EDUCATION
——
MEDICAID
SUPPLEMENTAL
ENHANCED
PAYMENT.
The
department
of
health
and
human
services
shall
submit
to
the
centers
for
Medicare
and
Medicaid
services
of
the
United
States
department
of
health
and
human
services
a
request
for
approval
for
a
Medicaid
supplemental
enhanced
payment
for
the
purposes
of
maximizing
federal
funding
opportunities
for
graduate
medical
education,
and
to
increase
the
number
of
medical
residencies
in
the
state.
Upon
receipt
of
federal
approval,
the
department
of
health
and
human
services
shall
notify
the
general
assembly
and
the
Code
editor.
Sec.
14.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
enactment.
DIVISION
VI
ELIMINATION
OF
HEALTH
CARE-RELATED
GRANT,
RESIDENCY,
AND
FELLOWSHIP
PROGRAMS
——
DEPARTMENT
OF
HEALTH
AND
HUMAN
SERVICES
Sec.
15.
Section
135.179,
subsection
2,
Code
2025,
is
amended
to
read
as
follows:
2.
Funding
for
the
program
may
be
provided
through
the
health
care
workforce
shortage
fund
or
the
fulfilling
Iowa’s
need
for
dentists
matching
grant
program
account
created
in
section
135.175
.
The
purpose
of
the
program
is
to
establish,
expand,
or
support
the
placement
of
dentists
in
dental
or
rural
shortage
areas
across
the
state
by
providing
education
loan
repayments.
Sec.
16.
Section
249M.4,
subsection
2,
Code
2025,
is
amended
to
read
as
follows:
2.
Moneys
in
the
trust
fund
shall
be
used,
subject
to
House
File
972,
p.
10
their
appropriation
by
the
general
assembly,
by
the
department
to
reimburse
participating
hospitals
the
medical
assistance
program
upper
payment
limit
for
inpatient
and
outpatient
hospital
services
as
calculated
in
this
section
.
Following
payment
of
such
upper
payment
limit
to
participating
hospitals,
any
remaining
funds
in
the
trust
fund
on
an
annual
basis
may
be
used
for
any
of
the
following
purposes:
a.
To
support
medical
assistance
program
utilization
shortfalls.
b.
To
maintain
the
state’s
capacity
to
provide
access
to
and
delivery
of
services
for
vulnerable
Iowans.
c.
To
fund
the
health
care
workforce
support
initiative
created
pursuant
to
section
135.175
.
d.
c.
To
support
access
to
health
care
services
for
uninsured
Iowans.
e.
d.
To
support
Iowa
hospital
programs
and
services
which
expand
access
to
health
care
services
for
Iowans.
Sec.
17.
REPEAL.
Sections
135.175,
135.176,
135.178,
and
135.193,
Code
2025,
are
repealed.
Sec.
18.
TRANSITION
PROVISIONS.
1.
a.
The
department
of
health
and
human
services
shall
provide
matching
state
funding
to
a
sponsor
awarded
on
or
before
June
30,
2025,
under
the
medical
residency
training
state
matching
grants
program
in
section
135.176,
Code
2025,
until
all
residents
in
the
funded
residencies
have
completed
or
left
the
program.
b.
The
department
of
health
and
human
services
shall
provide
matching
state
funding
to
a
sponsor
for
medical
residency
training
program
liability
costs
awarded
on
or
before
June
30,
2025,
under
the
medical
residency
training
state
matching
grants
program
in
section
135.176,
Code
2025,
until
June
30,
2026.
2.
The
department
of
health
and
human
services
shall
provide
matching
state
funding
to
a
sponsor
awarded
on
or
before
June
30,
2025,
under
the
nurse
residency
state
matching
grants
program
in
section
135.178,
Code
2025,
until
all
residents
have
completed
or
left
the
nurse
residency
programs.
3.
The
department
of
health
and
human
services
shall
fund
a
fellowship
position
pursuant
to
a
program
agreement
entered
House
File
972,
p.
11
into
on
or
before
June
30,
2025,
by
a
participating
teaching
hospital
and
a
participating
fellow
under
the
state-funded
family
medicine
obstetrics
fellowship
program
in
section
135.193,
Code
2025,
if
the
participating
fellow
remains
in
compliance
with
all
obligations
under
the
program
agreement.
4.
The
department
of
health
and
human
services
shall
fund
a
rural
psychiatric
residency
for
a
resident
selected
on
or
before
June
30,
2025,
until
all
residents
have
completed
or
left
the
rural
psychiatric
residencies,
pursuant
to
appropriations
as
provided
in
the
following:
a.
2024
Iowa
Acts,
chapter
1157,
section
5,
subsection
3,
and
2024
Iowa
Acts,
chapter
1157,
section
22,
subsection
5.
b.
2023
Iowa
Acts,
chapter
112,
section
5,
subsection
4,
paragraph
“j”,
as
amended
by
2024
Iowa
Acts,
chapter
1157,
section
29.
c.
2022
Iowa
Acts,
chapter
1131,
section
3,
subsection
4,
paragraph
“j”,
as
amended
by
2024
Iowa
Acts,
chapter
1157,
section
23.
d.
2021
Iowa
Acts,
chapter
182,
section
3,
subsection
4,
paragraph
“j”.
e.
2019
Iowa
Acts,
chapter
85,
section
3,
subsection
4,
paragraph
“j”,
as
amended
by
2020
Iowa
Acts,
chapter
1121,
section
19.
Sec.
19.
TRANSFER
OF
MONEYS.
Notwithstanding
section
8.33
or
any
other
provision
to
the
contrary,
any
unobligated
or
unencumbered
moneys
in
any
of
the
following
accounts
or
funds
or
constituting
any
specified
appropriation,
shall
not
revert
but
are
appropriated
to
the
department
of
health
and
human
services
to
fund
Medicaid
graduate
medical
education
efforts.
1.
The
health
care
workforce
shortage
fund
created
in
section
135.175,
subsection
1,
paragraph
“b”,
Code
2025.
2.
The
medical
residency
training
account
created
in
section
135.175,
subsection
5,
paragraph
“a”,
Code
2025.
3.
The
nurse
residency
state
matching
grants
program
account
created
in
section
135.175,
subsection
5,
paragraph
“b”,
Code
2025.
4.
The
health
care
workforce
shortage
national
initiatives
account
created
in
section
135.175,
subsection
5,
paragraph
“c”,
Code
2025.
House
File
972,
p.
12
5.
The
family
medicine
obstetrics
fellowship
program
fund
created
in
section
135.193,
Code
2025.
6.
Moneys
appropriated
to
the
department
of
health
and
human
services
for
rural
psychiatric
residencies
to
fund
psychiatric
residents
to
provide
mental
health
services
in
underserved
areas
of
the
state
as
described
in
the
following:
a.
2024
Iowa
Acts,
chapter
1157,
section
5,
subsection
3,
and
2024
Iowa
Acts,
chapter
1157,
section
22,
subsection
5.
b.
2023
Iowa
Acts,
chapter
112,
section
5,
subsection
4,
paragraph
“j”,
as
amended
by
2024
Iowa
Acts,
chapter
1157,
section
29.
c.
2022
Iowa
Acts,
chapter
1131,
section
3,
subsection
4,
paragraph
“j”,
as
amended
by
2024
Iowa
Acts,
chapter
1157,
section
23.
d.
2021
Iowa
Acts,
chapter
182,
section
3,
subsection
4,
paragraph
“j”.
e.
2019
Iowa
Acts,
chapter
85,
section
3,
subsection
4,
paragraph
“j”,
as
amended
by
2020
Iowa
Acts,
chapter
1121,
section
19.
Sec.
20.
TRANSITION
——
ACCOUNTS.
1.
The
department
of
health
and
human
services
shall
create
individual
accounts
for
the
deposit
of
any
moneys
encumbered
or
obligated
relating
to
a
grant
awarded,
or
residency
or
fellowship
funded,
under
each
of
the
following
programs:
a.
The
medical
residency
training
state
matching
grants
program
under
section
135.176,
Code
2025.
b.
The
nurse
residency
state
matching
grants
program
under
section
135.178,
Code
2025.
c.
The
state-funded
family
medicine
obstetrics
fellowship
program
under
section
135.193,
Code
2025.
d.
Rural
psychiatric
residencies
as
described
in
the
following:
(1)
2024
Iowa
Acts,
chapter
1157,
section
5,
subsection
3,
and
2024
Iowa
Acts,
chapter
1157,
section
22,
subsection
5.
(2)
2023
Iowa
Acts,
chapter
112,
section
5,
subsection
4,
paragraph
“j”,
as
amended
by
2024
Iowa
Acts,
chapter
1157,
section
29.
(3)
2022
Iowa
Acts,
chapter
1131,
section
3,
subsection
4,
paragraph
“j”,
as
amended
by
2024
Iowa
Acts,
chapter
1157,
House
File
972,
p.
13
section
23.
(4)
2021
Iowa
Acts,
chapter
182,
section
3,
subsection
4,
paragraph
“j”.
(5)
2019
Iowa
Acts,
chapter
85,
section
3,
subsection
4,
paragraph
“j”,
as
amended
by
2020
Iowa
Acts,
chapter
1121,
section
19.
2.
Notwithstanding
section
8.33,
any
balance
in
any
of
the
accounts
created
under
subsection
1
shall
not
revert
but
shall
remain
available
for
the
duration
of
all
applicable
grants,
residencies,
and
fellowships.
Notwithstanding
section
12C.7,
subsection
2,
interest
or
earnings
on
moneys
deposited
in
each
account
shall
be
credited
to
the
respective
account.
3.
Upon
expiration
of
all
grant,
residency,
and
fellowship
periods
and
the
expenditure
of
all
moneys
encumbered
under
such
grants,
residencies,
and
fellowships,
any
unencumbered
or
unobligated
moneys
remaining
in
any
of
the
accounts
created
under
subsection
1
are
appropriated
to
the
department
of
health
and
human
services
for
Medicaid
graduate
medical
education
efforts.
Sec.
21.
CONTINGENT
EFFECTIVE
DATE.
This
division
of
this
Act
takes
effect
upon
the
date
that
the
department
of
health
and
human
services
notifies
the
general
assembly
and
the
Code
editor
of
the
receipt
of
federal
approval
for
a
Medicaid
supplemental
enhanced
payment
for
the
purposes
of
maximizing
federal
funding
opportunities
for
graduate
medical
education,
and
to
increase
the
number
of
medical
residencies
in
the
state.
DIVISION
VII
ELIMINATION
OF
THE
STATE-FUNDED
PSYCHIATRY
RESIDENCY
AND
FELLOWSHIP
POSITIONS
——
UNIVERSITY
OF
IOWA
HOSPITALS
AND
CLINICS
Sec.
22.
REPEAL.
Section
135.180,
Code
2025,
is
repealed.
Sec.
23.
TRANSITION
PROVISIONS.
The
board
of
regents
shall
direct
the
university
of
Iowa
hospitals
and
clinics
to
distribute
moneys
for
state-funded
psychiatry
residency
and
fellowship
positions
approved
and
awarded
on
or
before
June
30,
2025,
under
the
state-funded
psychiatry
residency
and
fellowship
positions
in
section
135.180,
Code
2025,
until
all
residents
and
fellows
have
completed
or
left
the
state-funded
psychiatry
residency
or
fellowship
positions.
House
File
972,
p.
14
Sec.
24.
TRANSITION
——
ACCOUNT.
1.
The
board
of
regents
shall
direct
the
university
of
Iowa
hospitals
and
clinics
to
create
an
account
for
the
deposit
of
moneys
encumbered
or
obligated
relating
to
residency
and
fellowship
positions
funded
under
the
state-funded
psychiatry
residency
and
fellowship
positions
under
section
135.180,
Code
2025.
2.
Notwithstanding
section
8.33,
any
balance
in
the
account
created
under
subsection
1
shall
not
revert
but
shall
remain
available
for
the
duration
of
all
applicable
residencies
and
fellowships.
Notwithstanding
section
12C.7,
subsection
2,
interest
or
earnings
on
moneys
deposited
in
the
account
shall
be
credited
to
the
account.
3.
Upon
expiration
of
all
residency
and
fellowship
periods
and
the
expenditure
of
all
moneys
encumbered
under
such
residencies
and
fellowships,
any
unencumbered
or
unobligated
moneys
remaining
in
the
account
created
under
subsection
1
are
appropriated
to
the
department
of
health
and
human
services
for
Medicaid
graduate
medical
education
efforts.
Sec.
25.
TRANSFER
OF
MONEYS.
Notwithstanding
section
8.33
or
any
other
provision
to
the
contrary,
any
unobligated
or
unencumbered
moneys
in
the
psychiatry
residency
and
fellowship
positions
fund
created
in
section
135.180,
Code
2025,
shall
not
revert
but
are
appropriated
to
the
department
of
health
and
human
services
to
fund
Medicaid
graduate
medical
education
efforts.
Sec.
26.
CONTINGENT
EFFECTIVE
DATE.
This
division
of
this
Act
takes
effect
upon
the
date
that
the
department
of
health
and
human
services
notifies
the
general
assembly
and
the
Code
editor
of
the
receipt
of
federal
approval
for
a
Medicaid
supplemental
enhanced
payment
for
the
purposes
of
maximizing
federal
funding
opportunities
for
graduate
medical
education,
and
to
increase
the
number
of
medical
residencies
in
the
state.
DIVISION
VIII
ELIMINATION
OF
THE
HEALTH
FACILITIES
COUNCIL
Sec.
27.
Section
10A.711,
subsection
5,
Code
2025,
is
amended
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
following:
5.
“Department”
means
the
department
of
health
and
human
House
File
972,
p.
15
services.
Sec.
28.
Section
10A.713,
subsection
4,
unnumbered
paragraph
1,
Code
2025,
is
amended
to
read
as
follows:
A
copy
of
the
application
shall
be
sent
to
the
department
of
health
and
human
services
at
the
time
the
application
is
submitted
to
the
department.
The
department
shall
not
process
applications
for
and
the
council
shall
not
an
intermediate
care
facility
for
persons
with
an
intellectual
disability,
or
consider
a
new
or
changed
institutional
health
service
for
an
intermediate
care
facility
for
persons
with
an
intellectual
disability
,
unless
both
of
the
following
conditions
are
met:
Sec.
29.
Section
10A.714,
subsection
1,
unnumbered
paragraph
1,
Code
2025,
is
amended
to
read
as
follows:
In
determining
whether
a
certificate
of
need
shall
be
issued,
the
department
and
council
shall
consider
the
following:
Sec.
30.
Section
10A.714,
subsection
1,
paragraph
r,
Code
2025,
is
amended
to
read
as
follows:
r.
The
recommendations
of
staff
personnel
of
the
department
assigned
to
the
area
of
certificate
of
need,
concerning
the
application
,
if
requested
by
the
council
.
Sec.
31.
Section
10A.714,
subsection
2,
unnumbered
paragraph
1,
Code
2025,
is
amended
to
read
as
follows:
In
addition
to
the
findings
required
with
respect
to
any
of
the
criteria
listed
in
subsection
1
of
this
section
,
the
council
department
shall
grant
a
certificate
of
need
for
a
new
institutional
health
service
or
changed
institutional
health
service
only
if
it
the
department
finds
in
writing,
on
the
basis
of
data
submitted
to
it
by
the
department
,
that:
Sec.
32.
Section
10A.716,
subsection
3,
Code
2025,
is
amended
to
read
as
follows:
3.
Each
application
accepted
by
the
department
shall
be
formally
reviewed
for
the
purpose
of
furnishing
to
the
council
the
information
necessary
to
enable
it
the
department
to
determine
whether
or
not
to
grant
the
certificate
of
need.
A
formal
review
shall
consist
,
at
a
minimum
,
of
the
following
steps:
a.
Evaluation
of
the
application
against
the
criteria
specified
in
section
10A.714
135.63
.
House
File
972,
p.
16
b.
A
public
hearing
on
the
application,
to
be
held
prior
to
completion
of
the
evaluation
required
by
paragraph
“a”
,
shall
be
conducted
by
the
council
.
Sec.
33.
Section
10A.719,
Code
2025,
is
amended
to
read
as
follows:
10A.719
Council
Department
to
make
final
decision.
1.
The
department
shall
complete
its
formal
review
of
the
application
within
ninety
days
after
acceptance
of
the
application,
except
as
otherwise
provided
by
section
10A.722
135.71
,
subsection
4
.
Upon
completion
of
the
formal
review,
the
council
department
shall
approve
or
deny
the
application.
The
council
department
shall
issue
written
findings
stating
the
basis
for
its
decision
on
the
application
,
and
the
department
shall
send
copies
of
the
council’s
decision
and
the
written
findings
supporting
the
decision
to
the
applicant
and
to
any
other
person
who
so
requests.
2.
Failure
by
the
council
department
to
issue
a
written
decision
on
an
application
for
a
certificate
of
need
within
the
time
required
by
this
section
shall
constitute
denial
of
and
final
administrative
action
on
the
application.
Sec.
34.
Section
10A.720,
Code
2025,
is
amended
to
read
as
follows:
10A.720
Appeal
of
certificate
of
need
decisions.
The
council’s
department’s
decision
on
an
application
for
certificate
of
need,
when
announced
pursuant
to
section
10A.719
135.68
,
is
shall
be
a
final
decision.
Any
dissatisfied
party
who
is
an
affected
person
with
respect
to
the
application,
and
who
participated
or
sought
unsuccessfully
to
participate
in
the
formal
review
procedure
prescribed
by
section
10A.716
135.65
,
may
request
a
rehearing
in
accordance
with
chapter
17A
and
rules
of
the
department.
If
a
rehearing
is
not
requested
or
an
affected
party
remains
dissatisfied
after
the
request
for
rehearing,
an
appeal
may
be
taken
in
the
manner
provided
by
chapter
17A
.
Notwithstanding
the
Iowa
administrative
procedure
Act,
chapter
17A
,
a
request
for
rehearing
is
not
required
,
prior
to
appeal
under
section
17A.19
.
Sec.
35.
Section
10A.721,
Code
2025,
is
amended
to
read
as
follows:
10A.721
Period
for
which
certificate
is
valid
——
extension
House
File
972,
p.
17
or
revocation.
1.
A
certificate
of
need
shall
be
valid
for
a
maximum
of
one
year
from
the
date
of
issuance.
Upon
the
expiration
of
the
certificate,
or
at
any
earlier
time
while
the
certificate
is
valid
,
the
holder
thereof
of
the
certificate
shall
provide
the
department
such
information
on
the
development
of
the
project
covered
by
the
certificate
as
the
department
may
request.
The
council
department
shall
determine
at
the
end
of
the
certification
period
whether
sufficient
progress
is
being
made
on
the
development
of
the
project.
The
certificate
of
need
may
be
extended
by
the
council
department
for
additional
periods
of
time
as
are
reasonably
necessary
to
expeditiously
complete
the
project,
but
may
be
revoked
by
the
council
department
at
the
end
of
the
first
or
any
subsequent
certification
period
for
insufficient
progress
in
developing
the
project.
2.
Upon
expiration
of
a
certificate
of
need,
and
prior
to
extension
thereof
of
the
certificate
of
need
,
any
affected
person
shall
have
the
right
to
submit
to
the
department
information
which
may
be
relevant
to
the
question
of
granting
an
extension.
The
department
may
call
a
public
hearing
for
this
purpose.
Sec.
36.
Section
10A.722,
unnumbered
paragraph
1,
Code
2025,
is
amended
to
read
as
follows:
The
department
shall
adopt
,
with
approval
of
the
council,
such
administrative
rules
as
are
necessary
to
enable
it
to
implement
this
part
subchapter
.
These
rules
shall
include:
Sec.
37.
Section
10A.723,
subsection
2,
paragraph
a,
Code
2025,
is
amended
to
read
as
follows:
a.
A
class
I
violation
is
one
in
which
a
party
offers
a
new
institutional
health
service
or
changed
institutional
health
service
modernization
or
acquisition
without
review
and
approval
by
the
council
department
.
A
party
in
violation
is
subject
to
a
penalty
of
three
hundred
dollars
for
each
day
of
a
class
I
violation.
The
department
may
seek
injunctive
relief
which
shall
include
restraining
the
commission
or
continuance
of
an
act
which
would
violate
the
provisions
of
this
paragraph.
Notice
and
opportunity
to
be
heard
shall
be
provided
to
a
party
pursuant
to
rule
of
civil
procedure
1.1507
and
contested
case
procedures
in
accordance
with
chapter
17A
.
The
department
may
House
File
972,
p.
18
reduce,
alter,
or
waive
a
penalty
upon
the
party
showing
good
faith
compliance
with
the
department’s
request
to
immediately
cease
and
desist
from
conduct
in
violation
of
this
section
.
Sec.
38.
Section
68B.35,
subsection
2,
paragraph
e,
Code
2025,
is
amended
to
read
as
follows:
e.
Members
of
the
state
banking
council,
the
Iowa
ethics
and
campaign
disclosure
board,
the
credit
union
review
board,
the
economic
development
authority,
the
employment
appeal
board,
the
environmental
protection
commission,
the
health
facilities
council,
the
Iowa
finance
authority,
the
Iowa
public
employees’
retirement
system
investment
board,
the
Iowa
lottery
commission
created
in
section
99G.8
,
the
natural
resource
commission,
the
board
of
parole,
the
state
racing
and
gaming
commission,
the
state
board
of
regents,
the
transportation
commission,
the
office
of
consumer
advocate,
the
utilities
commission,
the
Iowa
telecommunications
and
technology
commission,
and
any
full-time
members
of
other
boards
and
commissions
as
defined
under
section
7E.4
who
receive
an
annual
salary
for
their
service
on
the
board
or
commission.
The
Iowa
ethics
and
campaign
disclosure
board
shall
conduct
an
annual
review
to
determine
if
members
of
any
other
board,
commission,
or
authority
should
file
a
statement
and
shall
require
the
filing
of
a
statement
pursuant
to
rules
adopted
pursuant
to
chapter
17A
.
Sec.
39.
Section
97B.1A,
subsection
8,
paragraph
a,
subparagraph
(8),
Code
2025,
is
amended
to
read
as
follows:
(8)
Members
of
the
state
transportation
commission
,
and
the
board
of
parole
,
and
the
state
health
facilities
council
.
Sec.
40.
CODE
EDITOR
DIRECTIVE.
1.
The
Code
editor
is
directed
to
make
the
following
transfers:
a.
Section
10A.711
to
section
135.61.
b.
Section
10A.713
to
section
135.62.
c.
Section
10A.714
to
section
135.63.
d.
Section
10A.715
to
section
135.64.
e.
Section
10A.716
to
section
135.65.
f.
Section
10A.717
to
section
135.66.
g.
Section
10A.718
to
section
135.67.
h.
Section
10A.719
to
section
135.68.
i.
Section
10A.720
to
section
135.69.
House
File
972,
p.
19
j.
Section
10A.721
to
section
135.70.
k.
Section
10A.722
to
section
135.71.
l.
Section
10A.723
to
section
135.72.
m.
Section
10A.724
to
section
135.73.
n.
Section
10A.725
to
section
135.74.
o.
Section
10A.726
to
section
135.75.
p.
Section
10A.727
to
section
135.76.
q.
Section
10A.728
to
section
135.77.
r.
Section
10A.729
to
section
135.78.
2.
The
Code
editor
is
directed
to
rename
and
retitle
subchapter
VI
of
chapter
135
as
HEALTH
FACILITIES
and
include
sections
135.61
through
135.78.
3.
The
Code
editor
shall
correct
internal
references
in
the
Code
and
in
any
enacted
legislation
as
is
necessary
due
to
the
enactment
of
this
division.
Sec.
41.
REPEAL.
Section
10A.712,
Code
2025,
is
repealed.
DIVISION
IX
CONFORMING
CHANGES
——
ELIMINATION
OF
THE
HEALTH
FACILITIES
COUNCIL
Sec.
42.
Section
10A.711,
unnumbered
paragraph
1,
Code
2025,
is
amended
to
read
as
follows:
As
used
in
this
part
subchapter
,
unless
the
context
otherwise
requires:
Sec.
43.
Section
10A.711,
subsection
1,
paragraph
d,
Code
2025,
is
amended
to
read
as
follows:
d.
Each
institutional
health
facility
or
health
maintenance
organization
which,
prior
to
receipt
of
the
application
by
the
department,
has
formally
indicated
to
the
department
pursuant
to
this
part
subchapter
an
intent
to
furnish
in
the
future
institutional
health
services
similar
to
the
new
institutional
health
service
proposed
in
the
application.
Sec.
44.
Section
10A.713,
subsection
1,
Code
2025,
is
amended
to
read
as
follows:
1.
A
new
institutional
health
service
or
changed
institutional
health
service
shall
not
be
offered
or
developed
in
this
state
without
prior
application
to
the
department
for
and
receipt
of
a
certificate
of
need,
pursuant
to
this
part
subchapter
.
The
application
shall
be
made
upon
forms
furnished
or
prescribed
by
the
department
and
shall
contain
House
File
972,
p.
20
such
information
as
the
department
may
require
under
this
part
subchapter
.
The
application
shall
be
accompanied
by
a
fee
equivalent
to
three-tenths
of
one
percent
of
the
anticipated
cost
of
the
project
with
a
minimum
fee
of
six
hundred
dollars
and
a
maximum
fee
of
twenty-one
thousand
dollars.
The
fee
shall
be
remitted
by
the
department
to
the
treasurer
of
state,
who
shall
place
it
in
the
general
fund
of
the
state.
If
an
application
is
voluntarily
withdrawn
within
thirty
calendar
days
after
submission,
seventy-five
percent
of
the
application
fee
shall
be
refunded;
if
the
application
is
voluntarily
withdrawn
more
than
thirty
but
within
sixty
days
after
submission,
fifty
percent
of
the
application
fee
shall
be
refunded;
if
the
application
is
withdrawn
voluntarily
more
than
sixty
days
after
submission,
twenty-five
percent
of
the
application
fee
shall
be
refunded.
Notwithstanding
the
required
payment
of
an
application
fee
under
this
subsection
,
an
applicant
for
a
new
institutional
health
service
or
a
changed
institutional
health
service
offered
or
developed
by
an
intermediate
care
facility
for
persons
with
an
intellectual
disability
or
an
intermediate
care
facility
for
persons
with
mental
illness
as
defined
pursuant
to
section
135C.1
is
exempt
from
payment
of
the
application
fee.
Sec.
45.
Section
10A.713,
subsection
2,
unnumbered
paragraph
1,
Code
2025,
is
amended
to
read
as
follows:
This
part
subchapter
shall
not
be
construed
to
augment,
limit,
contravene,
or
repeal
in
any
manner
any
other
statute
of
this
state
which
may
authorize
or
relate
to
licensure,
regulation,
supervision,
or
control
of,
nor
to
be
applicable
to:
Sec.
46.
Section
10A.713,
subsection
2,
paragraphs
a,
f,
h,
j,
k,
m,
and
n,
Code
2025,
are
amended
to
read
as
follows:
a.
Private
offices
and
private
clinics
of
an
individual
physician,
dentist,
or
other
practitioner
or
group
of
health
care
providers,
except
as
provided
by
section
10A.711
135.61
,
subsection
17
,
paragraphs
“g”
,
“h”
,
and
“m”
,
and
section
10A.711
135.61
,
subsections
2
and
19
.
f.
A
residential
care
facility,
as
defined
in
section
135C.1
,
including
a
residential
care
facility
for
persons
with
an
intellectual
disability,
notwithstanding
any
provision
in
House
File
972,
p.
21
this
part
subchapter
to
the
contrary.
h.
(1)
The
deletion
of
one
or
more
health
services,
previously
offered
on
a
regular
basis
by
an
institutional
health
facility
or
health
maintenance
organization,
notwithstanding
any
provision
of
this
part
subchapter
to
the
contrary,
if
all
of
the
following
conditions
exist:
(a)
The
institutional
health
facility
or
health
maintenance
organization
reports
to
the
department
the
deletion
of
the
service
or
services
at
least
thirty
days
before
the
deletion
on
a
form
prescribed
by
the
department.
(b)
The
institutional
health
facility
or
health
maintenance
organization
reports
the
deletion
of
the
service
or
services
on
its
next
annual
report
to
the
department.
(2)
If
these
conditions
are
not
met,
the
institutional
health
facility
or
health
maintenance
organization
is
subject
to
review
as
a
“new
institutional
health
service”
or
“changed
institutional
health
service”
under
section
10A.711
135.61
,
subsection
17
,
paragraph
“f”
,
and
is
subject
to
sanctions
under
section
10A.723
135.72
.
(3)
If
the
institutional
health
facility
or
health
maintenance
organization
reestablishes
the
deleted
service
or
services
at
a
later
time,
review
as
a
“new
institutional
health
service”
or
“changed
institutional
health
service”
may
be
required
pursuant
to
section
10A.711
135.61
,
subsection
17
.
j.
The
construction,
modification,
or
replacement
of
nonpatient
care
services,
including
parking
facilities,
heating,
ventilation
and
air
conditioning
systems,
computers,
telephone
systems,
medical
office
buildings,
and
other
projects
of
a
similar
nature,
notwithstanding
any
provision
in
this
part
subchapter
to
the
contrary.
k.
(1)
The
redistribution
of
beds
by
a
hospital
within
the
acute
care
category
of
bed
usage,
notwithstanding
any
provision
in
this
part
subchapter
to
the
contrary,
if
all
of
the
following
conditions
exist:
(a)
The
hospital
reports
to
the
department
the
number
and
type
of
beds
to
be
redistributed
on
a
form
prescribed
by
the
department
at
least
thirty
days
before
the
redistribution.
(b)
The
hospital
reports
the
new
distribution
of
beds
on
its
next
annual
report
to
the
department.
House
File
972,
p.
22
(2)
If
these
conditions
are
not
met,
the
redistribution
of
beds
by
the
hospital
is
subject
to
review
as
a
new
institutional
health
service
or
changed
institutional
health
service
pursuant
to
section
10A.711
135.61
,
subsection
17
,
paragraph
“d”
,
and
is
subject
to
sanctions
under
section
10A.723
135.72
.
m.
Hemodialysis
services
provided
by
a
hospital
or
freestanding
facility,
notwithstanding
any
provision
in
this
part
subchapter
to
the
contrary.
n.
Hospice
services
provided
by
a
hospital,
notwithstanding
any
provision
in
this
part
subchapter
to
the
contrary.
Sec.
47.
Section
10A.713,
subsection
2,
paragraph
e,
subparagraph
(2),
Code
2025,
is
amended
to
read
as
follows:
(2)
Acquires
major
medical
equipment
as
provided
by
section
10A.711
135.61
,
subsection
17
,
paragraphs
“i”
and
“j”
.
Sec.
48.
Section
10A.713,
subsection
2,
paragraph
g,
subparagraph
(1),
unnumbered
paragraph
1,
Code
2025,
is
amended
to
read
as
follows:
A
reduction
in
bed
capacity
of
an
institutional
health
facility,
notwithstanding
any
provision
in
this
part
subchapter
to
the
contrary,
if
all
of
the
following
conditions
exist:
Sec.
49.
Section
10A.713,
subsection
2,
paragraph
g,
subparagraph
(2),
Code
2025,
is
amended
to
read
as
follows:
(2)
If
these
conditions
are
not
met,
the
institutional
health
facility
is
subject
to
review
as
a
“new
institutional
health
service”
or
“changed
institutional
health
service”
under
section
10A.711
135.61
,
subsection
17
,
paragraph
“d”
,
and
is
subject
to
sanctions
under
section
10A.723
135.72
.
If
the
institutional
health
facility
reestablishes
the
deleted
beds
at
a
later
time,
review
as
a
“new
institutional
health
service”
or
“changed
institutional
health
service”
is
required
pursuant
to
section
10A.711
135.61
,
subsection
17
,
paragraph
“d”
.
Sec.
50.
Section
10A.713,
subsection
2,
paragraph
l,
unnumbered
paragraph
1,
Code
2025,
is
amended
to
read
as
follows:
The
replacement
or
modernization
of
any
institutional
health
facility
if
the
replacement
or
modernization
does
not
add
new
health
services
or
additional
bed
capacity
for
existing
health
services,
notwithstanding
any
provision
in
this
House
File
972,
p.
23
part
subchapter
to
the
contrary.
With
respect
to
a
nursing
facility,
“replacement”
means
establishing
a
new
facility
within
the
same
county
as
the
prior
facility
to
be
closed.
With
reference
to
a
hospital,
“replacement”
means
establishing
a
new
hospital
that
demonstrates
compliance
with
all
of
the
following
criteria
through
evidence
submitted
to
the
department:
Sec.
51.
Section
10A.713,
subsection
2,
paragraph
p,
unnumbered
paragraph
1,
Code
2025,
is
amended
to
read
as
follows:
The
conversion
of
an
existing
number
of
beds
by
an
intermediate
care
facility
for
persons
with
an
intellectual
disability
to
a
smaller
facility
environment,
including
but
not
limited
to
a
community-based
environment
which
does
not
result
in
an
increased
number
of
beds,
notwithstanding
any
provision
in
this
part
subchapter
to
the
contrary,
including
subsection
4
,
if
all
of
the
following
conditions
exist:
Sec.
52.
Section
10A.713,
subsection
3,
Code
2025,
is
amended
to
read
as
follows:
3.
This
part
subchapter
shall
not
be
construed
to
be
applicable
to
a
health
care
facility
operated
by
and
for
the
exclusive
use
of
members
of
a
religious
order,
which
does
not
admit
more
than
two
individuals
to
the
facility
from
the
general
public,
and
which
was
in
operation
prior
to
July
1,
1986.
However,
this
part
subchapter
is
applicable
to
such
a
facility
if
the
facility
is
involved
in
the
offering
or
developing
of
a
new
or
changed
institutional
health
service
on
or
after
July
1,
1986.
Sec.
53.
Section
10A.714,
subsection
3,
Code
2025,
is
amended
to
read
as
follows:
3.
In
the
evaluation
of
applications
for
certificates
of
need
submitted
by
the
university
of
Iowa
hospitals
and
clinics,
the
unique
features
of
that
institution
relating
to
statewide
tertiary
health
care,
health
science
education,
and
clinical
research
shall
be
given
due
consideration.
Further,
in
administering
this
part
subchapter
,
the
unique
capacity
of
university
hospitals
for
the
evaluation
of
technologically
innovative
equipment
and
other
new
health
services
shall
be
utilized.
Sec.
54.
Section
10A.715,
subsection
2,
Code
2025,
is
House
File
972,
p.
24
amended
to
read
as
follows:
2.
Upon
request
of
the
sponsor
of
the
proposed
new
or
changed
service,
the
department
shall
make
a
preliminary
review
of
the
letter
for
the
purpose
of
informing
the
sponsor
of
the
project
of
any
factors
which
may
appear
likely
to
result
in
denial
of
a
certificate
of
need,
based
on
the
criteria
for
evaluation
of
applications
in
section
10A.714
135.63
.
A
comment
by
the
department
under
this
section
shall
not
constitute
a
final
decision.
Sec.
55.
Section
10A.716,
subsection
1,
Code
2025,
is
amended
to
read
as
follows:
1.
Within
fifteen
business
days
after
receipt
of
an
application
for
a
certificate
of
need,
the
department
shall
examine
the
application
for
form
and
completeness
and
accept
or
reject
it.
An
application
shall
be
rejected
only
if
it
fails
to
provide
all
information
required
by
the
department
pursuant
to
section
10A.713
135.62
,
subsection
1
.
The
department
shall
promptly
return
to
the
applicant
any
rejected
application,
with
an
explanation
of
the
reasons
for
its
rejection.
Sec.
56.
Section
10A.717,
subsection
1,
unnumbered
paragraph
1,
Code
2025,
is
amended
to
read
as
follows:
The
department
may
waive
the
letter
of
intent
procedures
prescribed
by
section
10A.715
135.64
and
substitute
a
summary
review
procedure,
which
shall
be
established
by
rules
of
the
department,
when
it
accepts
an
application
for
a
certificate
of
need
for
a
project
which
meets
any
of
the
criteria
in
paragraphs
“a”
through
“e”
:
Sec.
57.
Section
10A.722,
subsections
2,
3,
and
4,
Code
2025,
are
amended
to
read
as
follows:
2.
Uniform
procedures
for
variations
in
application
of
criteria
specified
by
section
10A.714
135.63
for
use
in
formal
review
of
applications
for
certificates
of
need,
when
such
variations
are
appropriate
to
the
purpose
of
a
particular
review
or
to
the
type
of
institutional
health
service
proposed
in
the
application
being
reviewed.
3.
Uniform
procedures
for
summary
reviews
conducted
under
section
10A.717
135.66
.
4.
Criteria
for
determining
when
it
is
not
feasible
to
complete
formal
review
of
an
application
for
a
certificate
House
File
972,
p.
25
of
need
within
the
time
limits
specified
in
section
10A.719
135.68
.
The
rules
adopted
under
this
subsection
shall
include
criteria
for
determining
whether
an
application
proposes
introduction
of
technologically
innovative
equipment,
and
if
so,
procedures
to
be
followed
in
reviewing
the
application.
However,
a
rule
adopted
under
this
subsection
shall
not
permit
a
deferral
of
more
than
sixty
days
beyond
the
time
when
a
decision
is
required
under
section
10A.719
135.68
,
unless
both
the
applicant
and
the
department
agree
to
a
longer
deferment.
Sec.
58.
Section
10A.723,
subsections
1
and
3,
Code
2025,
are
amended
to
read
as
follows:
1.
Any
party
constructing
a
new
institutional
health
facility
or
an
addition
to
or
renovation
of
an
existing
institutional
health
facility
without
first
obtaining
a
certificate
of
need
or,
in
the
case
of
a
mobile
health
service,
ascertaining
that
the
mobile
health
service
has
received
certificate
of
need
approval,
as
required
by
this
part
subchapter
,
shall
be
denied
licensure
or
change
of
licensure
by
the
appropriate
responsible
licensing
agency
of
this
state.
3.
Notwithstanding
any
other
sanction
imposed
pursuant
to
this
section
,
a
party
offering
or
developing
any
new
institutional
health
service
or
changed
institutional
health
service
without
first
obtaining
a
certificate
of
need
as
required
by
this
part
subchapter,
may
be
temporarily
or
permanently
restrained
from
doing
so
by
any
court
of
competent
jurisdiction
in
any
action
brought
by
the
state,
any
of
its
political
subdivisions,
or
any
other
interested
person.
Sec.
59.
Section
10A.723,
subsection
2,
unnumbered
paragraph
1,
Code
2025,
is
amended
to
read
as
follows:
A
party
violating
this
part
subchapter
shall
be
subject
to
penalties
in
accordance
with
this
section
.
The
department
shall
adopt
rules
setting
forth
the
violations
by
classification,
the
criteria
for
the
classification
of
any
violation
not
listed,
and
procedures
for
implementing
this
subsection
.
Sec.
60.
Section
10A.724,
subsection
3,
Code
2025,
is
amended
to
read
as
follows:
3.
The
department
shall,
where
appropriate,
provide
for
modification,
consistent
with
the
purposes
of
this
part
House
File
972,
p.
26
subchapter
,
of
reporting
requirements
to
correctly
reflect
the
differences
among
hospitals
and
among
health
care
facilities
referred
to
in
subsection
2
,
and
to
avoid
otherwise
unduly
burdensome
costs
in
meeting
the
requirements
of
uniform
methods
of
financial
reporting.
Sec.
61.
Section
10A.725,
subsection
2,
Code
2025,
is
amended
to
read
as
follows:
2.
Where
more
than
one
licensed
hospital
or
health
care
facility
is
operated
by
the
reporting
organization,
the
information
required
by
this
section
shall
be
reported
separately
for
each
licensed
hospital
or
health
care
facility.
The
department
shall
require
preparation
of
specified
financial
reports
by
a
certified
public
accountant,
and
may
require
attestation
of
responsible
officials
of
the
reporting
hospital
or
health
care
facility
that
the
reports
submitted
are
to
the
best
of
their
knowledge
and
belief
prepared
in
accordance
with
the
prescribed
methods
of
reporting.
The
department
shall
have
the
right
to
inspect
the
books,
audits
and
records
of
any
hospital
or
health
care
facility
as
reasonably
necessary
to
verify
reports
submitted
pursuant
to
this
part
subchapter
.
Sec.
62.
Section
10A.726,
subsection
1,
Code
2025,
is
amended
to
read
as
follows:
1.
The
department
shall
from
time
to
time
undertake
analyses
and
studies
relating
to
hospital
and
health
care
facility
costs
and
to
the
financial
status
of
hospitals
or
health
care
facilities,
or
both,
which
are
subject
to
the
provisions
of
this
part
subchapter
.
It
shall
further
require
the
filing
of
information
concerning
the
total
financial
needs
of
each
individual
hospital
or
health
care
facility
and
the
resources
currently
or
prospectively
available
to
meet
these
needs,
including
the
effect
of
proposals
made
by
health
systems
agencies.
The
department
shall
also
prepare
and
file
such
summaries
and
compilations
or
other
supplementary
reports
based
on
the
information
filed
with
it
as
will,
in
its
judgment,
advance
the
purposes
of
this
part
subchapter
.
Sec.
63.
Section
10A.727,
Code
2025,
is
amended
to
read
as
follows:
10A.727
Data
to
be
compiled.
The
department
shall
compile
all
relevant
financial
and
House
File
972,
p.
27
utilization
data
in
order
to
have
available
the
statistical
information
necessary
to
properly
monitor
hospital
and
health
care
facility
charges
and
costs.
Such
data
shall
include
necessary
operating
expenses,
appropriate
expenses
incurred
for
rendering
services
to
patients
who
cannot
or
do
not
pay,
all
properly
incurred
interest
charges,
and
reasonable
depreciation
expenses
based
on
the
expected
useful
life
of
the
property
and
equipment
involved.
The
department
shall
also
obtain
from
each
hospital
and
health
care
facility
a
current
rate
schedule
as
well
as
any
subsequent
amendments
or
modifications
of
that
schedule
as
it
may
require.
In
collection
of
the
data
required
by
this
section
and
sections
10A.724
135.73
through
10A.726
135.75
,
the
department
and
other
state
agencies
shall
coordinate
their
reporting
requirements.
Sec.
64.
Section
10A.728,
Code
2025,
is
amended
to
read
as
follows:
10A.728
Civil
penalty.
Any
hospital
or
health
care
facility
which
fails
to
file
with
the
department
the
financial
reports
required
by
sections
10A.724
135.73
through
10A.727
135.76
is
subject
to
a
civil
penalty
of
not
to
exceed
five
hundred
dollars
for
each
offense.
Sec.
65.
Section
10A.729,
Code
2025,
is
amended
to
read
as
follows:
10A.729
Contracts
for
assistance
with
analyses,
studies,
and
data.
In
furtherance
of
the
department’s
responsibilities
under
sections
10A.726
135.75
and
10A.727
135.76
,
the
director
may
contract
with
the
Iowa
hospital
association
and
third-party
payers,
the
Iowa
health
care
facilities
association
and
third-party
payers,
or
leading
age
Iowa
and
third-party
payers
for
the
establishment
of
pilot
programs
dealing
with
prospective
rate
review
in
hospitals
or
health
care
facilities,
or
both.
Such
contract
shall
be
subject
to
the
approval
of
the
executive
council
and
shall
provide
for
an
equitable
representation
of
health
care
providers,
third-party
payers,
and
health
care
consumers
in
the
determination
of
criteria
for
rate
review.
No
third-party
payer
shall
be
excluded
from
positive
financial
incentives
based
upon
volume
of
gross
patient
revenues.
No
state
or
federal
funds
appropriated
or
House
File
972,
p.
28
available
to
the
department
shall
be
used
for
any
such
pilot
program.
Sec.
66.
Section
135.131,
subsection
1,
paragraph
a,
Code
2025,
is
amended
to
read
as
follows:
a.
“Birth
center”
means
birth
center
as
defined
in
section
10A.711
135.61
.
Sec.
67.
Section
135B.5A,
Code
2025,
is
amended
to
read
as
follows:
135B.5A
Conversion
relative
to
certain
hospitals.
1.
A
conversion
of
a
long-term
acute
care
hospital,
rehabilitation
hospital,
or
psychiatric
hospital
as
defined
by
federal
regulations
to
a
general
hospital
or
to
a
specialty
hospital
of
a
different
type
is
a
permanent
change
in
bed
capacity
and
shall
require
a
certificate
of
need
pursuant
to
section
10A.713
135.62
.
2.
A
conversion
of
a
critical
access
hospital
or
general
hospital
to
a
rural
emergency
hospital
shall
not
require
a
certificate
of
need
pursuant
to
section
10A.713
135.62
.
3.
Any
change
of
a
rural
emergency
hospital
in
licensure,
organizational
structure,
or
type
of
institutional
health
facility
shall
require
a
certificate
of
need
pursuant
to
section
10A.713
135.62
.
Sec.
68.
Section
135C.2,
subsection
5,
unnumbered
paragraph
1,
Code
2025,
is
amended
to
read
as
follows:
The
department
shall
establish
a
special
classification
within
the
residential
care
facility
category
in
order
to
foster
the
development
of
residential
care
facilities
which
serve
persons
with
an
intellectual
disability,
chronic
mental
illness,
a
developmental
disability,
or
brain
injury,
as
described
under
section
225C.26
,
and
which
contain
five
or
fewer
residents.
A
facility
within
the
special
classification
established
pursuant
to
this
subsection
is
exempt
from
the
requirements
of
section
10A.713
135.62
.
The
department
shall
adopt
rules
which
are
consistent
with
rules
previously
developed
for
the
waiver
demonstration
project
pursuant
to
1986
Iowa
Acts,
ch.
1246,
§206
,
and
which
include
all
of
the
following
provisions:
Sec.
69.
Section
135P.1,
subsection
3,
Code
2025,
is
amended
to
read
as
follows:
House
File
972,
p.
29
3.
“Health
facility”
means
an
institutional
health
facility
as
defined
in
section
10A.711
135.61
,
a
hospice
licensed
under
chapter
135J
,
a
home
health
agency
as
defined
in
section
144D.1
,
an
assisted
living
program
certified
under
chapter
231C
,
a
clinic,
a
community
health
center,
or
the
university
of
Iowa
hospitals
and
clinics,
and
includes
any
corporation,
professional
corporation,
partnership,
limited
liability
company,
limited
liability
partnership,
or
other
entity
comprised
of
such
health
facilities.
Sec.
70.
Section
231C.3,
subsection
2,
Code
2025,
is
amended
to
read
as
follows:
2.
Each
assisted
living
program
operating
in
this
state
shall
be
certified
by
the
department.
If
an
assisted
living
program
is
voluntarily
accredited
by
a
recognized
accrediting
entity,
the
department
shall
certify
the
assisted
living
program
on
the
basis
of
the
voluntary
accreditation.
An
assisted
living
program
that
is
certified
by
the
department
on
the
basis
of
voluntary
accreditation
shall
not
be
subject
to
payment
of
the
certification
fee
prescribed
in
section
231C.18
,
but
shall
be
subject
to
an
administrative
fee
as
prescribed
by
rule.
An
assisted
living
program
certified
under
this
section
is
exempt
from
the
requirements
of
section
10A.713
135.62
relating
to
certificate
of
need
requirements.
Sec.
71.
Section
505.27,
subsection
5,
paragraph
a,
Code
2025,
is
amended
to
read
as
follows:
a.
“Health
care
provider”
means
the
same
as
defined
in
section
10A.711
135.61
,
a
hospital
licensed
pursuant
to
chapter
135B
,
or
a
health
care
facility
licensed
pursuant
to
chapter
135C
.
Sec.
72.
Section
708.3A,
subsection
5,
paragraph
d,
Code
2025,
is
amended
to
read
as
follows:
d.
“Health
care
provider”
means
an
emergency
medical
care
provider
as
defined
in
chapter
147A
or
a
person
licensed
or
registered
under
chapter
148
,
148C
,
148D
,
or
152
who
is
providing
or
who
is
attempting
to
provide
emergency
medical
services,
as
defined
in
section
147A.1
,
or
who
is
providing
or
who
is
attempting
to
provide
health
services
as
defined
in
section
10A.711
135.61
in
a
hospital.
A
person
who
commits
an
assault
under
this
section
against
a
health
care
provider
in
House
File
972,
p.
30
a
hospital,
or
at
the
scene
or
during
out-of-hospital
patient
transportation
in
an
ambulance,
is
presumed
to
know
that
the
person
against
whom
the
assault
is
committed
is
a
health
care
provider.
DIVISION
X
IOWA
HEALTH
INFORMATION
NETWORK
——
EXCHANGE
ADVISORY
COMMITTEE
CREATED
AND
BOARD
OF
DIRECTORS
ELIMINATED
Sec.
73.
Section
135D.2,
subsection
1,
Code
2025,
is
amended
by
striking
the
subsection.
Sec.
74.
Section
135D.2,
subsection
4,
Code
2025,
is
amended
to
read
as
follows:
4.
“Designated
entity”
means
the
nonprofit
corporation
designated
selected
by
the
department
through
a
competitive
process
as
the
entity
responsible
for
administering
and
governing
the
Iowa
health
information
network.
Sec.
75.
Section
135D.2,
Code
2025,
is
amended
by
adding
the
following
new
subsections:
NEW
SUBSECTION
.
4A.
“Director”
means
the
director
of
health
and
human
services.
NEW
SUBSECTION
.
5A.
“Exchange
advisory
committee”
or
“advisory
committee”
means
the
exchange
advisory
committee
appointed
by
the
director
pursuant
to
section
135D.6.
Sec.
76.
Section
135D.4,
subsection
2,
paragraph
a,
Code
2025,
is
amended
to
read
as
follows:
a.
The
network,
through
the
designated
entity
complying
with
chapter
490,
496C,
and
504
and
reporting
as
required
under
this
chapter
,
operates
in
an
entrepreneurial
and
businesslike
manner
in
which
it
is
accountable
to
all
participants
utilizing
the
network’s
products
and
services.
Sec.
77.
Section
135D.5,
subsection
1,
Code
2025,
is
amended
to
read
as
follows:
1.
The
Iowa
health
information
network
shall
be
administered
and
governed
by
a
designated
entity
selected
by
the
department
through
a
competitive
process.
The
designated
entity
shall
be
established
as
a
nonprofit
corporation
organized
under
chapter
490,
496C,
or
504.
Unless
otherwise
provided
in
this
chapter,
the
corporation
is
subject
to
the
provisions
of
chapter
504.
The
designated
entity
shall
be
established
for
the
purpose
of
administering
and
governing
the
House
File
972,
p.
31
statewide
Iowa
health
information
network.
Notwithstanding
any
provision
of
law
to
the
contrary,
the
department
shall
conduct
a
competitive
process
to
select
a
designated
entity
at
least
every
eight
years.
Sec.
78.
Section
135D.5,
subsection
3,
paragraph
d,
Code
2025,
is
amended
to
read
as
follows:
d.
The
employment
of
personnel
necessary
for
the
efficient
performance
of
the
duties
assigned
to
the
designated
entity.
All
such
personnel
shall
be
considered
employees
of
a
private
,
nonprofit
corporation
and
shall
be
exempt
from
the
personnel
requirements
imposed
on
state
agencies,
departments,
and
administrative
units.
Sec.
79.
Section
135D.6,
Code
2025,
is
amended
by
striking
the
section
and
inserting
in
lieu
thereof
the
following:
135D.6
Exchange
advisory
committee.
1.
The
director
shall
appoint
an
exchange
advisory
committee.
2.
The
advisory
committee
shall
include
at
least
one
member
who
is
a
consumer
of
health
services,
and
a
majority
of
the
advisory
committee
members
shall
be
representative
of
participants
in
the
Iowa
health
information
network.
3.
The
exchange
advisory
committee
shall
do
all
of
the
following:
a.
Advise
the
department
regarding
the
needs
of
participants
and
nonparticipants
relating
to
the
exchange
of
health
information.
b.
Ensure
the
department
develops,
and
the
designated
entity
complies
with,
the
standards,
requirements,
policies,
and
procedures
for
access
to,
use,
secondary
use,
privacy,
and
security
of
health
information
exchanged
through
the
Iowa
health
information
network,
consistent
with
applicable
federal
and
state
standards
and
laws.
c.
Direct
a
public
and
private
collaborative
effort
to
promote
the
adoption
and
use
of
health
information
technology
in
the
state
to
improve
health
care
quality,
increase
patient
safety,
reduce
health
care
costs,
enhance
public
health,
and
empower
individuals
and
health
care
professionals
with
comprehensive,
real-time
medical
information
to
provide
continuity
of
care
and
make
the
best
health
care
decisions.
House
File
972,
p.
32
d.
Educate
the
public
and
the
health
care
sector
about
the
value
of
health
information
technology
in
improving
patient
care,
and
methods
to
promote
increased
support
and
collaboration
of
state
and
local
public
health
agencies,
health
care
professionals,
and
consumers
in
health
information
technology
initiatives.
e.
Work
to
align
interstate
and
intrastate
interoperability
standards
in
accordance
with
national
health
information
exchange
standards.
f.
Provide
an
annual
budget
and
fiscal
report
for
the
Iowa
health
information
network
to
the
governor,
the
department
of
health
and
human
services,
the
department
of
management,
and
the
general
assembly.
The
report
shall
also
include
information
about
the
services
provided
through
the
network
and
information
on
the
participant
usage
of
the
network.
Sec.
80.
Section
135D.7,
subsection
1,
unnumbered
paragraph
1,
Code
2025,
is
amended
to
read
as
follows:
The
board
designated
entity
shall
implement
industry-accepted
security
standards,
policies,
and
procedures
to
protect
the
transmission
and
receipt
of
protected
health
information
exchanged
through
the
Iowa
health
information
network,
which
shall,
at
a
minimum,
comply
with
HIPAA
and
shall
include
all
of
the
following:
Sec.
81.
Section
135D.7,
subsection
1,
paragraph
c,
subparagraph
(2),
Code
2025,
is
amended
to
read
as
follows:
(2)
The
board
designated
entity
shall
provide
the
means
and
process
by
which
a
patient
may
decline
participation.
The
means
and
process
utilized
shall
minimize
the
burden
on
patients
and
health
care
professionals.
Sec.
82.
Section
135D.7,
subsection
3,
Code
2025,
is
amended
to
read
as
follows:
3.
A
participant
exchanging
health
information
and
data
through
the
Iowa
health
information
network
shall
grant
to
other
participants
of
the
network
a
nonexclusive
license
to
retrieve
and
use
that
information
in
accordance
with
applicable
state
and
federal
laws,
and
the
policies
and
standards
established
by
the
board
department
.
Sec.
83.
Section
135D.7,
subsection
6,
paragraph
b,
Code
2025,
is
amended
to
read
as
follows:
House
File
972,
p.
33
b.
Any
health
information
in
the
possession
of
the
board
designated
entity
due
to
its
the
designated
entity’s
administration
of
the
Iowa
health
information
network.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
AMY
SINCLAIR
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
972,
Ninety-first
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2025
______________________________
KIM
REYNOLDS
Governor