Senate
Study
Bill
1212
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
WAYS
AND
MEANS
BILL
BY
CHAIRPERSON
BOLKCOM)
A
BILL
FOR
An
Act
relating
to
the
application
of
certificate
of
need
1
requirements
to
specialized
outpatient
surgical
facilities,
2
providing
for
fees,
and
including
effective
date
and
3
applicability
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
TLSB
2793XC
(6)
84
pf/nh
S.F.
_____
Section
1.
Section
135.61,
subsection
14,
Code
2011,
is
1
amended
by
adding
the
following
new
paragraph:
2
NEW
PARAGRAPH
.
g.
A
specialized
outpatient
surgical
3
facility.
4
Sec.
2.
Section
135.61,
Code
2011,
is
amended
by
adding
the
5
following
new
subsection:
6
NEW
SUBSECTION
.
21A.
“Specialized
outpatient
surgical
7
facility”
means
a
freestanding
facility,
not
including
a
8
hospital,
in
which
surgical
abortion
procedures
are
performed
9
after
the
fetus
has
attained
a
postfertilization
age
of
10
twenty
weeks
or
more.
For
the
purposes
of
this
subsection,
11
“postfertilization
age”
means
the
age
of
the
fetus
as
calculated
12
from
fertilization
of
the
human
ovum.
13
Sec.
3.
Section
135.63,
subsection
2,
paragraph
a,
Code
14
2011,
is
amended
to
read
as
follows:
15
a.
Private
offices
and
private
clinics
of
an
individual
16
physician,
dentist,
or
other
practitioner
or
group
of
17
health
care
providers,
except
as
provided
by
section
135.61,
18
subsection
18
,
paragraphs
“g”
,
“h”
,
and
“m”
,
and
subsections
20
,
19
and
21
,
and
21A
.
20
Sec.
4.
Section
135.64,
subsection
2,
Code
2011,
is
amended
21
by
adding
the
following
new
paragraph:
22
NEW
PARAGRAPH
.
e.
In
the
case
of
a
specialized
outpatient
23
surgical
facility,
the
specialized
outpatient
surgical
facility
24
will
be
located
in
close
proximity
to
a
hospital
licensed
25
pursuant
to
chapter
135B
that
provides
the
appropriate
level
of
26
perinatal
care
consistent
with
641
IAC
150
for
patients
of
the
27
facility
in
order
to
preserve
the
life
or
health
of
a
pregnant
28
woman
or
fetus.
29
Sec.
5.
ADMINISTRATIVE
RULES.
The
department
of
public
30
health
shall
adopt
rules
to
determine
the
certificate
of
need
31
application
fee,
in
accordance
with
section
135.63,
for
a
32
specialized
outpatient
surgical
facility
as
defined
in
section
33
135.61,
as
amended
in
this
Act.
34
Sec.
6.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
35
-1-
LSB
2793XC
(6)
84
pf/nh
1/
2
S.F.
_____
importance,
takes
effect
upon
enactment.
1
Sec.
7.
APPLICABILITY.
The
provisions
of
this
Act
shall
2
apply
to
a
specialized
outpatient
surgical
facility
offered
or
3
developed
in
this
state
on
or
after
the
effective
date
of
this
4
Act.
5
EXPLANATION
6
This
bill
provides
that
a
specialized
outpatient
surgical
7
facility
is
subject
to
certificate
of
need
requirements
prior
8
to
being
offered
or
developed
in
Iowa.
The
bill
defines
9
“specialized
outpatient
surgical
facility”;
requires
that,
10
in
addition
to
all
other
criteria
that
must
be
met
by
such
a
11
facility,
a
certificate
of
need
may
only
be
granted
if
the
12
facility
will
be
located
in
close
proximity
to
a
hospital
13
that
provides
the
appropriate
level
of
perinatal
care
for
its
14
patients;
and
directs
the
department
of
public
health
to
adopt
15
rules
to
determine
the
certificate
of
need
application
fee
for
16
such
facilities.
The
bill
takes
effect
upon
enactment
and
17
is
applicable
to
specialized
outpatient
surgical
facilities
18
offered
or
developed
in
the
state
on
or
after
the
effective
19
date
of
the
bill.
20
-2-
LSB
2793XC
(6)
84
pf/nh
2/
2