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 requirements to specialized outpatient surgical facilities, providing for fees, and including effective date and applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  Section 135.61, subsection 14, Code 2011, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  g.  A specialized outpatient surgical facility.
   Sec. 2.  Section 135.61, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  21A.  “Specialized outpatient surgical facility” means a freestanding facility, not including a hospital, in which surgical abortion procedures are performed after the fetus has attained a postfertilization age of twenty weeks or more. For the purposes of this subsection, “postfertilization age” means the age of the fetus as calculated from fertilization of the human ovum.
   Sec. 3.  Section 135.63, subsection 2, paragraph a, Code 2011, is amended to read as follows:
   a.  Private offices and private clinics of an individual physician, dentist, or other practitioner or group of health care providers, except as provided by section 135.61, subsection 18, paragraphs “g”, “h”, and “m”, and subsections 20,and 21, and 21A.
   Sec. 4.  Section 135.64, subsection 2, Code 2011, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  e.  In the case of a specialized outpatient surgical facility, the specialized outpatient surgical facility will be located in close proximity to a hospital licensed pursuant to chapter 135B that provides the appropriate level of perinatal care consistent with 641 IAC 150 for patients of the facility in order to preserve the life or health of a pregnant woman or fetus.
   Sec. 5.  ADMINISTRATIVE RULES.  The department of public health shall adopt rules to determine the certificate of need application fee, in accordance with section 135.63, for a specialized outpatient surgical facility as defined in section 135.61, as amended in this Act.
   Sec. 6.  EFFECTIVE DATE.  This Act, being deemed of immediate importance, takes effect upon enactment.
   Sec. 7.  APPLICABILITY.  The provisions of this Act shall apply to a specialized outpatient surgical facility offered or developed in this state on or after the effective date of this Act.
EXPLANATION
   This bill provides that a specialized outpatient surgical facility is subject to certificate of need requirements prior to being offered or developed in Iowa. The bill defines “specialized outpatient surgical facility”; requires that, in addition to all other criteria that must be met by such a facility, a certificate of need may only be granted if the facility will be located in close proximity to a hospital that provides the appropriate level of perinatal care for its patients; and directs the department of public health to adopt rules to determine the certificate of need application fee for such facilities. The bill takes effect upon enactment and is applicable to specialized outpatient surgical facilities offered or developed in the state on or after the effective date of the bill.