House File 786 - Introduced
HOUSE FILE
BY COMMITTEE ON HUMAN RESOURCES
(SUCCESSOR TO HSB 241)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the operating or providing of another business
2 or activity in a health care facility.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 2555HV 81
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PAG LIN
1 1 Section 1. Section 135C.5, Code 2005, is amended to read
1 2 as follows:
1 3 135C.5 LIMITATIONS ON USE.
1 4 Another business or activity serving persons other than the
1 5 residents of a health care facility shall not may be carried
1 6 on in a health care facility, or in operated or provided in a
1 7 designated part of the same physical structure with a of the
1 8 health care facility, unless such business or activity is
1 9 under the control of and is directly related to and incidental
1 10 to the operation of the health care facility or unless the
1 11 business or activity is approved by the department and the
1 12 state fire marshal if the other business or activity meets the
1 13 requirements of applicable state and federal laws,
1 14 administrative rules, and federal regulations. A The
1 15 department shall not limit the ability of a health care
1 16 facility to operate or provide another business or activity
1 17 which is operated within the limitations of this section shall
1 18 in the designated part of the facility if the business or
1 19 activity does not interfere in any manner with the use of the
1 20 facility by the residents or with the services provided to the
1 21 residents, and shall is not be disturbing to them the
1 22 residents. In denying the ability of a health care facility
1 23 to operate or provide another business or activity under this
1 24 section, the burden of proof shall be on the department to
1 25 demonstrate that the other business or activity substantially
1 26 interferes with the use of the facility by the residents or
1 27 the services provided to the residents, or is disturbing to
1 28 the residents. The department and the state fire marshal, in
1 29 accordance with chapter 17A, shall adopt rules which establish
1 30 criteria for approval of a business or activity to be carried
1 31 on in a health care facility or operated or provided in a
1 32 designated part of the same physical structure with of a
1 33 health care facility. For the purposes of this section,
1 34 "another business or activity" shall not include laboratory,
1 35 radiological, anesthesiology, obstetrical, surgical, or
2 1 emergency services provided by hospitals licensed under
2 2 chapter 135B.
2 3 EXPLANATION
2 4 This bill allows a health care facility to operate or
2 5 provide another business or activity, serving persons other
2 6 than the residents of the health care facility, in a
2 7 designated part of the physical structure of the health care
2 8 facility, if the other business or activity meets the
2 9 requirements of applicable state and federal laws,
2 10 administrative rules, and federal regulations. The bill
2 11 prohibits the department of inspections and appeals from
2 12 limiting the ability of a health care facility to operate or
2 13 provide another business or activity in the designated part of
2 14 the facility if the business or activity does not interfere
2 15 with the use of the facility by the residents or with the
2 16 services provided to the residents, and is not disturbing to
2 17 the residents. In denying the ability of a health care
2 18 facility to operate or provide another business or activity in
2 19 the physical structure of the health care facility, the burden
2 20 of proof is on the department to demonstrate that the business
2 21 or activity substantially interferes with the use of the
2 22 facility by, or the services provided to, the residents, or is
2 23 disturbing to the residents. The bill also directs the state
2 24 fire marshal to adopt rules to establish criteria for approval
2 25 of a business or activity to be operated or provided in a
2 26 designated part of the physical structure of a health care
2 27 facility.
2 28 The bill provides that "another business or activity" shall
2 29 not include laboratory, radiological, anesthesiology,
2 30 obstetrical, surgical, or emergency services provided by
2 31 licensed hospitals.
2 32 Current law provides that another business or activity is
2 33 prohibited from being carried on in the health care facility
2 34 or in the same physical structure as the health care facility
2 35 unless the business or activity is under the control of and is
3 1 directly related and incidental to, the operation of the
3 2 health care facility, or unless the department of inspections
3 3 and appeals and the state fire marshal approve the business or
3 4 activity. Current law does not specify that the population
3 5 served by the business or activity is persons other than
3 6 residents of the facility. Current law also directs the
3 7 department of inspections and appeals and the state fire
3 8 marshal to adopt rules to establish criteria for approval of a
3 9 business or activity being carried on in a health care
3 10 facility or the same physical structure with a health care
3 11 facility.
3 12 LSB 2555HV 81
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