Senate Study Bill 1132 



                                       SENATE FILE       
                                       BY  (PROPOSED COMMITTEE ON
                                            HUMAN RESOURCES BILL
                                            BY CHAIRPERSON RAGAN)


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

                                      A BILL FOR

  1 An Act relating to the licensing and inspection of hospitals.
  2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  3 TLSB 1926XC 83
  4 jr/nh/14

PAG LIN



  1  1    Section 1.  Section 135B.9, Code 2009, is amended to read
  1  2 as follows:
  1  3    135B.9  INSPECTIONS AND QUALIFICATIONS FOR HOSPITAL
  1  4 INSPECTORS == PROTECTION AND ADVOCACY AGENCY INVESTIGATIONS.
  1  5    1.  The department shall make or cause to be made
  1  6 inspections as it deems necessary in order to determine
  1  7 compliance with applicable rules.  Hospital inspectors shall
  1  8 meet the following qualifications:
  1  9    a.  Upon hire, have been employed in a hospital within the
  1 10 last two years and have current knowledge of hospital
  1 11 operations.
  1 12    b.  Be free of conflicts of interest and shall not
  1 13 participate in an inspection or complaint investigation of a
  1 14 hospital in which the inspector or a member of the inspector's
  1 15 immediate family works or has worked within the last five
  1 16 years.  For purposes of this paragraph, "immediate family
  1 17 member" means a spouse or a natural or adoptive parent, child,
  1 18 or sibling.
  1 19    c.  Complete a yearly conflict of interest disclosure
  1 20 statement.  The department shall submit an annual conflict of
  1 21 interest disclosure report compiling such conflict of interest
  1 22 information to the hospital licensing board.
  1 23    d.  Complete a minimum of ten hours of continuing education
  1 24 pertaining to hospital operations each year.
  1 25    2.  In the state resource centers and state mental health
  1 26 institutes operated by the department of human services, the
  1 27 designated protection and advocacy agency as provided in
  1 28 section 135C.2, subsection 4, shall have the authority to
  1 29 investigate all complaints of abuse and neglect of persons
  1 30 with developmental disabilities or mental illnesses if the
  1 31 complaints are reported to the protection and advocacy agency
  1 32 or if there is probable cause to believe that the abuse has
  1 33 occurred.  Such authority shall include the examination of all
  1 34 records pertaining to the care provided to the residents and
  1 35 contact or interview with any resident, employee, or any other
  2  1 person who might have knowledge about the operation of the
  2  2 institution.
  2  3    Sec. 2.  Section 135B.11, Code 2009, is amended to read as
  2  4 follows:
  2  5    135B.11  FUNCTIONS OF HOSPITAL LICENSING BOARD ==
  2  6 COMPENSATION.
  2  7    1.  The hospital licensing board shall have the following
  2  8 responsibilities and duties:
  2  9    1.  a.  To consult with and advise the department in
  2 10 matters of policy affecting administration of this chapter the
  2 11 licensure of hospitals in this state, and in the development
  2 12 of rules and standards provided for under this chapter.
  2 13    2.  b.  To review and approve rules and standards
  2 14 authorized under this chapter prior to their approval by the
  2 15 state board of health and adoption by the department.
  2 16    c.  To review and approve legislative proposals regarding
  2 17 the regulation of hospitals.
  2 18    d.  To make recommendations on practice issues and policy.
  2 19    e.  To review and approve education provided with licensure
  2 20 fee funds.  The education provided may cover any subject
  2 21 matter relating to the licensure and operation of hospitals.
  2 22    2.  Each member of the board may also be eligible to
  2 23 receive compensation as provided in section 7E.6.
  2 24                           EXPLANATION
  2 25    This bill establishes explicit qualifications for persons
  2 26 who inspect hospitals.  Inspectors must have been employed in
  2 27 a hospital, be free of conflicts of interest, and obtain
  2 28 annual continuing education.
  2 29    The bill also revises the role of the hospital licensing
  2 30 board by enumerating the specific duties of the board,
  2 31 including advising the department of inspections and appeals
  2 32 concerning hospital licensure, approving legislative
  2 33 proposals, making recommendations on practice issues and
  2 34 policy, and reviewing and approving education provided through
  2 35 licensure fee funds.
  3  1 LSB 1926XC 83
  3  2 jr/nh/14