Senate File 401 - 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 authority of the director of the
  2    department of inspections and appeals to modify or reverse a
  3    proposed decision rendered by an administrative law judge
  4    relating to a citation issued to a health care facility.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 TLSB 2060SS 83
  7 jr/nh/8

PAG LIN



  1  1    Section 1.  Section 135C.43, Code 2009, is amended to read
  1  2 as follows:
  1  3    135C.43  FORMAL CONTEST == JUDICIAL REVIEW.
  1  4    1.  A facility which desires to contest a citation for a
  1  5 Class I violation, or to further contest an affirmed or
  1  6 modified citation for a Class II or Class III violation, may
  1  7 do so in the manner provided by chapter 17A for contested
  1  8 cases. Notice of intent to formally contest a citation shall
  1  9 be given the department in writing within five days after
  1 10 service of a citation for a Class I violation, or within five
  1 11 days after the informal conference or after receipt of the
  1 12 written explanation of the representative delegated to hold
  1 13 the informal conference, whichever is applicable, in the case
  1 14 of an affirmed or modified citation for a Class II or Class
  1 15 III violation.
  1 16    2.  a.  Notwithstanding the provisions of section 17A.15 to
  1 17 the contrary, the director shall not reverse or modify any
  1 18 finding of fact or conclusion of law set out in the decision
  1 19 of an administrative law judge unless:
  1 20    (1)  The director first determines from a review of the
  1 21 entire record, and states with particularity in the order,
  1 22 that the finding of fact was clearly erroneous in view of the
  1 23 reliable, probative, and substantial evidence on the record as
  1 24 a whole.
  1 25    (2)  The director first determines from a review of the
  1 26 entire record, and states with particularity in the order that
  1 27 the conclusion of law was clearly erroneous in view of the
  1 28 reliable, probative, and substantial evidence on the record as
  1 29 a whole and the relevant case law.
  1 30    b.  Rejection or modification of conclusions of law shall
  1 31 not form the basis for rejection or modification of the
  1 32 findings of fact.
  1 33    3.  A facility which has exhausted all adequate
  1 34 administrative remedies and is aggrieved by the final action
  1 35 of the department may petition for judicial review in the
  2  1 manner provided by chapter 17A.
  2  2    2.  4.  Hearings on petitions for judicial review brought
  2  3 under this section shall be set for trial at the earliest
  2  4 possible date and shall take precedence on the court calendar
  2  5 over all other cases except matters to which equal or superior
  2  6 precedence is specifically granted by law. The times for
  2  7 pleadings and for hearings in such actions shall be set by the
  2  8 judge of the court with the object of securing a decision in
  2  9 the matter at the earliest possible time.
  2 10                           EXPLANATION
  2 11    Code section 17A.15 provides that in a contested case an
  2 12 administrative law judge issues a proposed decision, which may
  2 13 be appealed to, or reviewed by, the agency itself.  This bill
  2 14 provides that in contested cases involving the citation of a
  2 15 health care facility, the decision, consisting of findings of
  2 16 fact and conclusions of law, of an administrative law judge
  2 17 shall be reversed or modified by the director of the
  2 18 department of inspections and appeals only under specific
  2 19 circumstances set out in the bill.
  2 20 LSB 2060SS 83
  2 21 jr/nh/8