House File 667 - Introduced
HOUSE FILE
BY ALONS, MAY, DRAKE, and
RAYHONS
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the citation of health care facilities under
2 state and federal law, and providing effective and retroactive
3 applicability dates.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 2048YH 83
6 jr/nh/5
PAG LIN
1 1 Section 1. Section 135C.36, Code 2009, is amended to read
1 2 as follows:
1 3 135C.36 VIOLATIONS CLASSIFIED == PENALTIES.
1 4 1. Every violation by a health care facility of any
1 5 provision of this chapter or of the rules adopted pursuant to
1 6 it shall be classified by the department in accordance with
1 7 this section. The department shall adopt and may from time to
1 8 time modify, in accordance with chapter 17A rules setting
1 9 forth so far as feasible the specific violations included in
1 10 each classification and stating criteria for the
1 11 classification of any violation not so listed.
1 12 1. a. A Class I violation is one which presents an
1 13 imminent danger or a substantial probability of resultant
1 14 death or physical harm to the residents of the facility in
1 15 which the violation occurs. A physical condition or one or
1 16 more practices in a facility may constitute a Class I
1 17 violation. A Class I violation shall be abated or eliminated
1 18 immediately unless the department determines that a stated
1 19 period of time, specified in the citation issued under section
1 20 135C.40, is required to correct the violation. A licensee is
1 21 subject to a penalty of not less than two thousand nor more
1 22 than ten thousand dollars for each Class I violation for which
1 23 the licensee's facility is cited.
1 24 2. b. A Class II violation is one which has a direct or
1 25 immediate relationship to the health, safety or security of
1 26 residents of a health care facility, but which presents no
1 27 imminent danger nor substantial probability of death or
1 28 physical harm to them. A physical condition or one or more
1 29 practices within a facility, including either physical abuse
1 30 of any resident or failure to treat any resident with
1 31 consideration, respect and full recognition of the resident's
1 32 dignity and individuality, in violation of a specific rule
1 33 adopted by the department, may constitute a Class II
1 34 violation. A violation of section 135C.14, subsection 8, or
1 35 section 135C.31 and rules adopted under those sections shall
2 1 be at least a Class II violation and may be a Class I
2 2 violation. A Class II violation shall be corrected within a
2 3 stated period of time determined by the department and
2 4 specified in the citation issued under section 135C.40. The
2 5 stated period of time specified in the citation may
2 6 subsequently be modified by the department for good cause
2 7 shown. A licensee is subject to a penalty of not less than
2 8 one hundred nor more than five hundred dollars for each Class
2 9 II violation for which the licensee's facility is cited,
2 10 however the director may waive the penalty if the violation is
2 11 corrected within the time specified in the citation.
2 12 3. c. A Class III violation is any violation of this
2 13 chapter or of the rules adopted pursuant to it which violation
2 14 is not classified in the department's rules nor classifiable
2 15 under the criteria stated in those rules as a Class I or a
2 16 Class II violation. A licensee shall not be subject to a
2 17 penalty for a Class III violation, except as provided by
2 18 section 135C.40, subsection 1 for failure to correct the
2 19 violation within a reasonable time specified by the department
2 20 in the notice of the violation.
2 21 2. If an act by or omission of a health care facility
2 22 constitutes a violation of this chapter, the rules adopted
2 23 under this chapter, or a federal requirement related to the
2 24 operation of a health care facility, the department shall not
2 25 issue a statement of deficiency or citation based on the state
2 26 law or rules if the department has issued a statement of
2 27 deficiency or citation for the same or a similar violation
2 28 under the federal requirements related to the operation of a
2 29 health care facility.
2 30 3. The department shall not issue a statement of
2 31 deficiency or citation based on state law or rules if federal
2 32 regulators have declined to approve or accept a statement of
2 33 deficiency or citation for the same or a similar violation
2 34 under the federal requirements relating to the operation of a
2 35 health care facility.
3 1 Sec. 2. EFFECTIVE AND RETROACTIVE APPLICABILITY DATES.
3 2 1. This Act, being deemed of immediate importance, takes
3 3 effect upon enactment.
3 4 2. This Act is retroactively applicable to October 1,
3 5 2008, and is applicable on and after that date.
3 6 EXPLANATION
3 7 Both state and federal law have provisions for the issuance
3 8 of citations to health care facilities for violations of state
3 9 or federal law. This bill provides that the department of
3 10 inspections and appeals may not issue a statement of
3 11 deficiency or a citation under Iowa law if the department has
3 12 already issued a statement of deficiency or a citation to the
3 13 facility for a violation under the federal requirements. The
3 14 bill also prohibits the department from issuing a statement of
3 15 deficiency or citation based on state law if federal
3 16 regulators have declined to approve or accept a statement or
3 17 citation for the same or similar violation.
3 18 The bill takes effect upon enactment and is retroactively
3 19 applicable to October 1, 2008.
3 20 LSB 2048YH 83
3 21 jr/nh/5.1