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. 1 121.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. 1 242.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. 2 123.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