Senate File 139
SENATE FILE
BY SCHUERER
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to elimination of the certificate of need
2 provisions for certain new health services.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 1635SS 80
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PAG LIN
1 1 DIVISION VI
1 2 REPORTING, ANALYSES, AND STUDIES
1 3 HEALTH CARE FACILITIES AND HOSPITALS
1 4 Section 1. NEW SECTION. 135.73A DEFINITIONS.
1 5 For the purposes of this division, unless the context
1 6 otherwise requires:
1 7 1. "Department" means the Iowa department of public
1 8 health.
1 9 2. "Director" means the director of public health, or the
1 10 director's designee.
1 11 3. "Financial reporting" means reporting by which
1 12 hospitals and health care facilities shall respectively record
1 13 their revenues, expenses, other income, other outlays, assets
1 14 and liabilities, and units of services.
1 15 4. "Health care facility" means health care facility as
1 16 defined in section 135C.1.
1 17 5. "Hospital" means hospital as defined in section 135B.1.
1 18 Sec. 2. Section 135C.2, subsection 5, unnumbered paragraph
1 19 1, Code 2003, is amended to read as follows:
1 20 The department shall establish a special classification
1 21 within the residential care facility category in order to
1 22 foster the development of residential care facilities which
1 23 serve persons with mental retardation, chronic mental illness,
1 24 a developmental disability, or brain injury, as described
1 25 under section 225C.26, and which contain five or fewer
1 26 residents. A facility within the special classification
1 27 established pursuant to this subsection is exempt from the
1 28 requirements of section 135.63. The department shall adopt
1 29 rules which are consistent with rules previously developed for
1 30 the waiver demonstration project pursuant to 1986 Iowa Acts,
1 31 chapter 1246, section 206, and which include all of the
1 32 following provisions:
1 33 Sec. 3. Section 135H.6, Code 2003, is amended to read as
1 34 follows:
1 35 135H.6 INSPECTION == CONDITIONS FOR ISSUANCE.
2 1 The department shall issue a license to an applicant under
2 2 this chapter if all the following conditions exist:
2 3 1. The department has ascertained that the applicant's
2 4 medical facilities and staff are adequate to provide the care
2 5 and services required of a psychiatric institution.
2 6 2. The proposed psychiatric institution is accredited by
2 7 the joint commission on the accreditation of health care
2 8 organizations, the commission on accreditation of
2 9 rehabilitation facilities, the council on accreditation of
2 10 services for families and children, or by any other recognized
2 11 accrediting organization with comparable standards acceptable
2 12 under federal regulation.
2 13 3. The applicant complies with applicable state rules and
2 14 standards for a psychiatric institution adopted by the
2 15 department in accordance with federal requirements under 42
2 16 C.F.R. } 441.150==441.156.
2 17 4. The applicant has been awarded a certificate of need
2 18 pursuant to chapter 135, unless exempt as provided in this
2 19 section.
2 20 5. 4. The department of human services has submitted
2 21 written approval of the application based on the department of
2 22 human services' determination of need. The department of
2 23 human services shall identify the location and number of
2 24 children in the state who require the services of a
2 25 psychiatric medical institution for children. Approval of an
2 26 application shall be based upon the location of the proposed
2 27 psychiatric institution relative to the need for services
2 28 identified by the department of human services and an analysis
2 29 of the applicant's ability to provide services and support
2 30 consistent with requirements under chapter 232, particularly
2 31 regarding community=based treatment. If the proposed
2 32 psychiatric institution is not freestanding from a facility
2 33 licensed under chapter 135B or 135C, approval under this
2 34 subsection shall not be given unless the department of human
2 35 services certifies that the proposed psychiatric institution
3 1 is capable of providing a resident with a living environment
3 2 similar to the living environment provided by a licensee which
3 3 is freestanding from a facility licensed under chapter 135B or
3 4 135C.
3 5 6. 5. The department of human services shall not give
3 6 approval to an application which would cause the total number
3 7 of beds licensed under this chapter for services reimbursed by
3 8 the medical assistance program under chapter 249A to exceed
3 9 four hundred thirty beds.
3 10 7. 6. In addition to the beds authorized under subsection
3 11 6 5, the department of human services may establish not more
3 12 than thirty beds licensed under this chapter at the state
3 13 mental health institute at Independence. The beds shall be
3 14 exempt from the certificate of need requirement under
3 15 subsection 4.
3 16 8. 7. The department of human services may give approval
3 17 to conversion of beds approved under subsection 6 5, to beds
3 18 which are specialized to provide substance abuse treatment.
3 19 However, the total number of beds approved under subsection 6
3 20 5 and this subsection shall not exceed four hundred thirty.
3 21 Conversion of beds under this subsection shall not require a
3 22 revision of the certificate of need issued for the psychiatric
3 23 institution making the conversion.
3 24 9. 8. The proposed psychiatric institution is under the
3 25 direction of an agency which has operated a facility licensed
3 26 under section 237.3, subsection 2, paragraph "a", as a
3 27 comprehensive residential facility for children for three
3 28 years or of an agency which has operated a facility for three
3 29 years providing psychiatric services exclusively to children
3 30 or adolescents and the facility meets or exceeds requirements
3 31 for licensure under section 237.3, subsection 2, paragraph
3 32 "a", as a comprehensive residential facility for children.
3 33 10. 9. A psychiatric institution licensed prior to July 1,
3 34 1999, may exceed the number of beds authorized under
3 35 subsection 6 5 if the excess beds are used to provide services
4 1 funded from a source other than the medical assistance program
4 2 under chapter 249A. Notwithstanding subsections 4, 5, and 6,
4 3 the provision of services using those excess beds does not
4 4 require a certificate of need or a review by the department of
4 5 human services.
4 6 Sec. 4. Section 231B.2, subsection 1, Code 2003, is
4 7 amended to read as follows:
4 8 1. The department shall establish by rule in accordance
4 9 with chapter 17A a special classification for elder group
4 10 homes. An elder group home established pursuant to this
4 11 subsection is exempt from the requirements of section 135.63.
4 12 Sec. 5. Section 231C.3, subsection 1, Code 2003, is
4 13 amended to read as follows:
4 14 1. The department shall establish, by rule in accordance
4 15 with chapter 17A, a program for certification and monitoring
4 16 of assisted living programs. An assisted living program which
4 17 is voluntarily accredited is not required to also be certified
4 18 by the department and the department shall accept voluntary
4 19 accreditation in lieu of certification by the department. An
4 20 assisted living program certified or voluntarily accredited
4 21 under this section is exempt from the requirements of section
4 22 135.63 relating to certificate of need requirements.
4 23 Sec. 6. Section 708.3A, subsection 5, Code 2003, is
4 24 amended to read as follows:
4 25 5. As used in this section, "health care provider" means
4 26 an emergency medical care provider as defined in chapter 147A
4 27 or a person licensed or registered under chapter 148, 148C,
4 28 148D, 150, 150A, or 152 who is providing or who is attempting
4 29 to provide emergency medical services, as defined in section
4 30 147A.1, or who is providing or who is attempting to provide
4 31 health services as defined in section 135.61 in a hospital.
4 32 For the purposes of this section, "health services" means
4 33 clinically related diagnostic, curative, or rehabilitative
4 34 services, and includes alcoholism, drug abuse, and mental
4 35 health services. A person who commits an assault under this
5 1 section against a health care provider in a hospital, or at
5 2 the scene or during out=of=hospital patient transportation in
5 3 an ambulance, is presumed to know that the person against whom
5 4 the assault is committed is a health care provider.
5 5 Sec. 7. Sections 135.61 through 135.73, Code 2003, are
5 6 repealed.
5 7 EXPLANATION
5 8 This bill eliminates the certificate of need program for
5 9 health facilities, under the Iowa department of public health.
5 10 The bill also makes conforming changes in the Code due to the
5 11 elimination of the program.
5 12 LSB 1635SS 80
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