SSB 1105 (LSB 1705XC (1) 85)

SENATE FILE _____

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

A BILL FOR

An Act relating to informal conferences on contested citations or regulatory insufficiencies in health care facilities or assisted living programs and including applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 135C.41, subsection 2, Code 2013, is amended to read as follows:
   2.  Notify the director that the facility desires to contest the citation and request an informal conference with a representative of the department
 
an independent reviewer pursuant to section 135C.42.
    Sec. 2.  Section 135C.42, Code 2013, is amended to read as follows:
   135C.42  Informal conference on contested citation.
   1.  The director shall assign a representative of the department, other than the inspector upon whose inspection the contested citation is based,
 
provide an independent reviewer to hold an informal conference with the facility within ten working days after receipt of a request made under section 135C.41, subsection 2. At the conclusion of the conference the representative
 
independent reviewer may affirm or may modify or dismiss the citation. In the latter case, the representative
 
The independent reviewer shall state in writing the specific reasons for the
 
affirmation, modification, or dismissal and immediately transmit copies of the statement to the director, and to the facility. If the facility does not desire to further contest an affirmed or modified citation, it shall within five working days after the informal conference, or after receipt of the written explanation of the representative
 
independent reviewer, as the case may be, comply with section 135C.41, subsection 1.
   2.  An independent reviewer shall be licensed as an attorney in the state of Iowa and have experience or training in geriatric long-term care and shall not be employed by the department. The department may issue a request for proposals to enter into a contract for the purpose of providing independent reviewers for informal conferences.
    Sec. 3.  Section 135C.43, subsection 1, Code 2013, is amended to read as follows:
   1.  A facility which
 
that desires to further contest an affirmed or modified citation for a Class I, Class II, or Class III violation, may do so in the manner provided by chapter 17A for contested cases. Notice of intent to formally contest a citation shall be given the department in writing within five days after the informal conference or after receipt of the written explanation of the representative delegated
 
independent reviewer provided to hold the informal conference, whichever is applicable, in the case of an affirmed or modified citation. A facility which has exhausted all adequate administrative remedies and is aggrieved by the final action of the department may petition for judicial review in the manner provided by chapter 17A.
    Sec. 4.  Section 231C.8, subsection 2, Code 2013, is amended to read as follows:
   2.  The department shall review the written information submitted within ten working days of the receipt of the information. At the conclusion of the review, the department may affirm, modify, or dismiss the regulatory insufficiencies. The department shall notify the program in writing of the decision to affirm, modify, or dismiss the regulatory insufficiencies, and the reasons for the decision.

If an assisted living program desires to further contest the citation after an informal review, the program shall notify the department within twenty business days after service of the affirmation or modification of the informal review of the program’s desire to contest the citation and request an informal conference with an independent reviewer.
    Sec. 5.  NEW SECTION.  231C.8A  Informal conference on contested regulatory insufficiencies.
   1.  The department shall provide an independent reviewer to hold an informal conference with an assisted living program within ten working days after receiving a request from the program following an informal review pursuant to section 231C.8. At the conclusion of the conference the independent reviewer may affirm or may modify or dismiss the regulatory insufficiencies. The independent reviewer shall state in writing the specific reasons for the affirmation, modification, or dismissal and immediately transmit copies of the statement to the department and to the program. If the program does not desire to further contest an affirmed or modified regulatory insufficiency, it shall within five working days after the informal conference, or after receipt of the written explanation of the independent reviewer, as the case may be, comply with section 231C.14, subsection 2.
   2.  An independent reviewer shall be licensed as an attorney in the state of Iowa and have experience or training in geriatric long-term care and shall not be employed by the department. The department may issue a request for proposals to enter into a contract for the purpose of providing independent reviewers for informal conferences.
    Sec. 6.  Section 231C.9, Code 2013, is amended to read as follows:
   231C.9  Public disclosure of findings.
   Upon completion of a monitoring evaluation or complaint investigation of an assisted living program by the department pursuant to this chapter, including the conclusion of informal review
 
or an informal conference, the department’s final findings with respect to compliance by the assisted living program with requirements for certification shall be made available to the public in a readily available form and place. Other information relating to an assisted living program that is obtained by the department which does not constitute the department’s final findings from a monitoring evaluation or complaint investigation of the assisted living program shall not be made available to the public except in proceedings involving the denial, suspension, or revocation of a certificate under this chapter.
    Sec. 7.  APPLICABILITY.
   1.  The sections of this Act amending sections 135C.41, 135C.42, and 135C.43 apply to an informal conference requested under chapter 135C on or after January 1, 2014.
   2.  The sections of this Act amending sections 231C.8 and 231C.9, and adding section 231C.8A, apply to assisted living programs desiring to request an informal conference on or after January 1, 2014.
EXPLANATION
   This bill relates to informal conferences on contested citations in health care facilities or assisted living programs. Currently, the director of the department of inspections and appeals assigns a representative of the department who was not involved in the contested citation to hold an informal conference with a health care facility within 10 working days after receipt of a request made by the facility to contest a citation. The bill would require that an independent reviewer would hold the informal conference rather than a representative of the department of inspections and appeals. The bill provides that the independent reviewer must be an Iowa-licensed attorney and must have experience or training in geriatric long-term care.
   The bill also adds the informal conference process for assisted living programs that receive a regulatory insufficiency. Current law allows assisted living programs to request an informal review of contested regulatory insufficiencies, but does not provide for an informal conference. The bill provides that an independent reviewer must be provided to hold an informal conference within 10 working days after the request by an assisted living program. The independent reviewer may affirm or modify or dismiss the regulatory insufficiency at the end of the informal conference. The reviewer must provide written specific reasons for the decision and immediately transmit the copies to the department of inspections and appeals and to the program. If, after receiving the reviewer’s statement, the program no longer wishes to contest the decision, the program shall comply with the payment of any civil penalty. 
   The bill applies to an informal conference requested by a health care facility under Code chapter 135C on or after January 1, 2014, and to assisted living programs desiring to request an informal conference under Code chapter 231C on or after January 1, 2014.