Senate File 399 - Introduced





                                       SENATE FILE       
                                       BY  DOTZLER


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the mitigation of violations by health care
  2    facilities in lieu of fines.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 2049SS 83
  5 jr/nh/8

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 one
  2  8 hundred nor more than five hundred dollars for each Class II
  2  9 violation for which the licensee's facility is cited, however
  2 10 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.  Notwithstanding any provision of this chapter to the
  2 22 contrary, in lieu of the payment of a fine for a violation as
  2 23 provided in this section, the department may authorize the
  2 24 facility to expend any portion of that money, under department
  2 25 supervision, to mitigate the violation or to improve
  2 26 patient=related services.
  2 27                           EXPLANATION
  2 28    This bill would allow the department of inspections and
  2 29 appeals to authorize a health care facility that is cited for
  2 30 a violation to use all or a portion of the money which would
  2 31 otherwise be paid as a fine to be used in mitigation of the
  2 32 violation itself or to improve patient=related services.
  2 33 LSB 2049SS 83
  2 34 jr/nh/8