Senate File 303 - Introduced



                                    SENATE FILE       
                                    BY  COMMITTEE ON HUMAN RESOURCES

                                    (SUCCESSOR TO SF 193)


    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 2555SV 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 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 be limited to home and
  1 35 community=based services.
  2  1                           EXPLANATION
  2  2    This bill allows a health care facility to operate or
  2  3 provide another business or activity, serving persons other
  2  4 than the residents of the health care facility, in a
  2  5 designated part of the physical structure of the health care
  2  6 facility, if the other business or activity meets the
  2  7 requirements of applicable state and federal laws,
  2  8 administrative rules, and federal regulations.  The bill
  2  9 prohibits the department of inspections and appeals from
  2 10 limiting the ability of a health care facility to operate or
  2 11 provide another business or activity in the designated part of
  2 12 the facility if the business or activity does not interfere
  2 13 with the use of the facility by the residents or with the
  2 14 services provided to the residents, and is not disturbing to
  2 15 the residents.  In denying the ability of a health care
  2 16 facility to operate or provide another business or activity in
  2 17 the physical structure of the health care facility, the burden
  2 18 of proof is on the department to demonstrate that the business
  2 19 or activity substantially interferes with the use of the
  2 20 facility by, or the services provided to, the residents, or is
  2 21 disturbing to the residents.  The bill also directs the state
  2 22 fire marshal to adopt rules to establish criteria for approval
  2 23 of a business or activity to be operated or provided in a
  2 24 designated part of the physical structure of a health care
  2 25 facility.  The bill provides that for the purposes of the
  2 26 bill, "another business or activity" is limited to home and
  2 27 community=based services.
  2 28    Current law provides that another business or activity is
  2 29 prohibited from being carried on in the health care facility
  2 30 or in the same physical structure as the health care facility
  2 31 unless the business or activity is under the control of and is
  2 32 directly related and incidental to, the operation of the
  2 33 health care facility, or unless the department of inspections
  2 34 and appeals and the state fire marshal approve the business or
  2 35 activity.  Current law does not specify that the population
  3  1 served by the business or activity is persons other than
  3  2 residents of the facility.  Current law also directs the
  3  3 department of inspections and appeals and the state fire
  3  4 marshal to adopt rules to establish criteria for approval of a
  3  5 business or activity being carried on in a health care
  3  6 facility or the same physical structure with a health care
  3  7 facility.
  3  8 LSB 2555SV 81
  3  9 pf:nh/pj/5