House
File
2133
-
Introduced
HOUSE
FILE
2133
BY
WINDSCHITL
A
BILL
FOR
An
Act
relating
to
the
definition
and
regulation
of
outpatient
1
surgical
facilities
or
ambulatory
surgical
centers
and
2
providing
for
fees.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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2133
Section
1.
Section
135.61,
subsection
21,
Code
2009,
is
1
amended
to
read
as
follows:
2
21.
“Outpatient
surgical
facility”
means
a
all
of
the
3
following:
4
a.
A
facility
which
as
its
primary
function
provides,
5
through
an
organized
medical
staff
and
on
an
outpatient
basis
6
to
patients
who
are
generally
ambulatory,
surgical
procedures
7
not
ordinarily
performed
in
a
private
physician’s
office,
but
8
not
requiring
twenty-four
hour
hospitalization,
and
which
is
9
neither
not
a
part
of
a
hospital
nor
is
owned
wholly
or
in
part
10
by
a
hospital,
nor
is
it
the
private
office
of
a
health
care
11
provider
who
there
engages
in
the
lawful
practice
of
surgery.
12
“Outpatient
surgical
facility”
includes
a
13
b.
A
facility
certified
or
seeking
certification
as
an
14
ambulatory
surgical
center,
under
the
federal
Medicare
program
15
or
under
the
medical
assistance
program
established
pursuant
to
16
chapter
249A.
17
c.
A
facility
that
provides
for
the
performing
or
inducing
18
of
any
second
or
third
trimester
abortions
or
five
or
more
19
first
trimester
abortions
per
month.
20
Sec.
2.
NEW
SECTION
.
135P.1
Definitions.
21
As
used
in
this
chapter,
unless
the
context
otherwise
22
requires:
23
1.
“Ambulatory
surgical
center”
means
an
outpatient
surgical
24
facility
as
defined
in
section
135.61
or
an
ambulatory
surgical
25
facility
as
defined
in
section
514.5.
26
2.
“Department”
means
the
department
of
inspections
and
27
appeals.
28
Sec.
3.
NEW
SECTION
.
135P.2
Licenses
——
fees
——
criteria.
29
1.
A
person
shall
not
operate
an
ambulatory
surgical
center
30
in
this
state
without
first
obtaining
a
license
from
the
31
department
after
meeting
the
requirements
of
this
chapter.
The
32
application
shall
be
on
a
form
prescribed
by
the
department
and
33
shall
require
information
the
department
deems
necessary.
Each
34
application
for
license
shall
be
accompanied
by
a
nonrefundable
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2133
biennial
license
fee
determined
by
the
department.
1
2.
The
ambulatory
surgical
center
shall
meet
the
2
requirements
of
42
C.F.R.
§
416
before
a
license
is
issued.
3
The
department
of
inspections
and
appeals
shall
provide
the
4
necessary
personnel
to
inspect
the
ambulatory
surgical
center
5
to
determine
if
the
ambulatory
surgical
center
complies
with
6
necessary
requirements
before
a
license
is
issued.
Ambulatory
7
surgical
centers
that
are
certified
under
the
federal
Medicare
8
program
and
thereby
meet
the
requirements
of
42
C.F.R.
§
416
9
shall
be
licensed
without
inspection
by
the
department
of
10
inspections
and
appeals.
11
Sec.
4.
NEW
SECTION
.
135P.3
Denial,
suspension,
or
12
revocation
of
license.
13
The
department
may
deny,
suspend,
or
revoke
a
license
if
14
the
department
determines
an
ambulatory
surgical
center
fails
15
to
comply
with
this
chapter
or
the
rules
adopted
under
this
16
chapter.
A
denial,
suspension,
or
revocation
may
be
appealed
17
under
chapter
17A.
The
department
may
reissue
a
license
18
following
a
suspension
or
revocation
after
the
ambulatory
19
surgical
center
corrects
the
conditions
upon
which
the
20
suspension
or
revocation
was
based.
21
Sec.
5.
NEW
SECTION
.
135P.4
Limitation,
expiration,
and
22
renewal
of
license.
23
A
license
for
an
ambulatory
surgical
center
shall
be
issued
24
only
for
the
premises,
person,
or
facility
named
in
the
25
application
and
is
not
transferable
or
assignable.
A
license,
26
unless
sooner
suspended
or
revoked,
shall
expire
two
years
27
after
the
date
of
issuance
and
shall
be
renewed
biennially
28
upon
an
application
by
the
licensee.
Application
for
renewal
29
shall
be
made
in
writing
to
the
department
at
least
thirty
days
30
prior
to
the
expiration
of
the
license.
The
fee
for
a
license
31
renewal
shall
be
determined
by
the
department.
32
Sec.
6.
NEW
SECTION
.
135P.5
Rules.
33
Except
as
otherwise
provided
in
this
chapter,
the
department
34
shall
adopt
rules
pursuant
to
chapter
17A
necessary
to
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implement
this
chapter,
subject
to
approval
of
the
state
board
1
of
health.
Formulation
of
the
rules
shall
include
consultation
2
with
persons
affected
by
this
chapter.
3
Sec.
7.
Section
514.5,
Code
2009,
is
amended
to
read
as
4
follows:
5
514.5
Contracts
for
service.
6
1.
A
hospital
service
corporation
organized
under
7
chapter
504,
Code
1989,
or
current
chapter
504
may
enter
8
into
contracts
for
the
rendering
of
hospital
service
to
any
9
of
its
subscribers
with
hospitals
maintained
and
operated
by
10
the
state
or
any
of
its
political
subdivisions,
or
by
any
11
corporation,
association,
or
individual.
Such
hospital
service
12
corporation
may
also
contract
with
an
ambulatory
surgical
13
facility
to
provide
surgical
services
to
the
corporation’s
14
subscribers.
Hospital
service
is
meant
to
include
bed
and
15
board,
general
nursing
care,
use
of
the
operating
room,
use
of
16
the
delivery
room,
ordinary
medications
and
dressings
and
other
17
customary
routine
care.
“Ambulatory
surgical
facility”
means
18
a
facility
constructed
and
operated
for
the
specific
purpose
19
of
providing
surgery
to
patients
admitted
to
and
discharged
20
from
the
facility
within
the
same
day
or
an
“outpatient
surgical
21
facility”
as
defined
in
section
135.61
.
22
2.
A
medical
service
corporation
organized
under
this
23
chapter
may
enter
into
contracts
with
subscribers
to
furnish
24
health
care
service
through
physicians
and
surgeons,
dentists,
25
podiatric
physicians,
osteopathic
physicians,
osteopathic
26
physicians
and
surgeons,
or
chiropractors.
27
3.
Any
pharmaceutical
or
optometric
service
corporation
28
organized
under
the
provisions
of
said
chapter
may
enter
29
into
contracts
for
the
rendering
of
pharmaceutical
or
30
optometric
service
to
any
of
its
subscribers.
Membership
in
31
any
pharmaceutical
service
corporation
shall
be
open
to
all
32
pharmacies
licensed
under
chapter
155A.
33
4.
A
hospital
service
corporation
or
medical
service
34
corporation
organized
under
this
chapter
may
enter
into
35
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2133
contracts
with
subscribers
and
providers
to
furnish
health
care
1
services
not
otherwise
allocated
by
this
section.
2
EXPLANATION
3
This
bill
defines
an
outpatient
surgical
facility
or
4
ambulatory
surgical
center
to
include
any
facility
that
5
provides
for
performing
or
inducing
any
second
or
third
6
trimester
abortions
or
five
or
more
first
trimester
abortions
7
per
month,
thereby
making
these
establishments
subject
8
to
certificate
of
need
requirements
and
other
regulatory
9
provisions
to
which
outpatient
surgical
facilities
or
10
ambulatory
surgical
centers
are
subject.
The
bill
also
amends
11
the
definition
of
an
outpatient
surgical
facility
to
exclude
12
facilities
that
are
owned
wholly
or
in
part
by
a
hospital.
13
The
bill
also
requires
that
ambulatory
surgical
centers
be
14
licensed
and
meet
the
requirements
of
the
centers
for
Medicare
15
and
Medicaid
services
of
the
United
States
department
of
health
16
and
human
services
for
ambulatory
surgical
centers.
17
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