Senate File 193 - Introduced
SENATE FILE
BY TINSMAN and JOHNSON
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the providing of another business or activity
2 in a health care facility.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 2555SS 81
5 pf/pj/5
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 provided in a designated
1 7 part of the same physical structure with a of the health care
1 8 facility, unless such business or activity is under the
1 9 control of and is directly related to and incidental to the
1 10 operation of the health care facility or unless the business
1 11 or activity is approved by the department and the state fire
1 12 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 provide another business or activity which is
1 17 operated within the limitations of this section shall in the
1 18 designated part of the facility if the business or activity
1 19 does not interfere in any manner with the use of the facility
1 20 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 provide another business or activity under this section,
1 24 the burden of proof shall be on the department to demonstrate
1 25 that the other business or activity substantially interferes
1 26 with the use of the facility by the residents or the services
1 27 provided to the residents, or is disturbing to the residents.
1 28 The department and the state fire marshal, in accordance with
1 29 chapter 17A, shall adopt rules which establish criteria for
1 30 approval of a business or activity to be carried on in a
1 31 health care facility or provided in a designated part of the
1 32 same physical structure with of a health care facility.
1 33 EXPLANATION
1 34 This bill allows a health care facility to provide another
1 35 business or activity, serving persons other than the residents
2 1 of the health care facility, in a designated part of the
2 2 physical structure of the health care facility, if the other
2 3 business or activity meets the requirements of applicable
2 4 state and federal laws, administrative rules, and federal
2 5 regulations. The bill prohibits the department of inspections
2 6 and appeals from limiting the ability of a health care
2 7 facility to provide another business or activity in the
2 8 designated part of the facility if the business or activity
2 9 does not interfere with the use of the facility by the
2 10 residents or with the services provided to the residents, and
2 11 is not disturbing to the residents. In denying the ability of
2 12 a health care facility to provide another business or activity
2 13 in the physical structure of the health care facility, the
2 14 burden of proof is on the department to demonstrate that the
2 15 business or activity substantially interferes with the use of
2 16 the facility by, or the services provided to, the residents,
2 17 or is disturbing to the residents. The bill also directs the
2 18 state fire marshal to adopt rules to establish criteria for
2 19 approval of a business or activity to be provided in a
2 20 designated part of the physical structure of a health care
2 21 facility.
2 22 Current law provides that another business or activity is
2 23 prohibited from being carried on in the health care facility
2 24 or in the same physical structure as the health care facility
2 25 unless the business or activity is under the control of and is
2 26 directly related and incidental to, the operation of the
2 27 health care facility, or unless the department of inspections
2 28 and appeals and the state fire marshal approve the business or
2 29 activity. Current law does not specify that the population
2 30 served by the business or activity is persons other than
2 31 residents of the facility. Current law also directs the
2 32 department of inspections and appeals and the state fire
2 33 marshal to adopt rules to establish criteria for approval of a
2 34 business or activity being carried on in a health care
2 35 facility or the same physical structure with a health care
3 1 facility.
3 2 LSB 2555SS 81
3 3 pf:nh/pj/5