HF 2324 (LSB 5792HV (2) 90)

HOUSE FILE 2324

BY  COMMITTEE ON HEALTH AND HUMAN SERVICES

(SUCCESSOR TO HSB 589)

A BILL FOR

An Act relating to ambulatory surgical centers.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 10A.711, subsection 2, Code 2024, is amended to read as follows:
   2.  “Ambulatory surgical center” means ambulatory surgical center as defined in section 135R.1 a distinct facility that operates primarily for the purpose of providing surgical services to patients not requiring hospitalization and in which the expected duration of services does not exceed twenty-four hours following an admission.  “Ambulatory surgical center” includes a facility certified or seeking certification as an ambulatory surgical center under the federal Medicare program or under the medical assistance program established pursuant to chapter 249A. “Ambulatory surgical center” does not include the individual or group practice office of a private physician, podiatrist, or dentist who there engages in the lawful practice of surgery, or the portion of a licensed hospital designated for outpatient surgical treatment.
    Sec. 2.  Section 10A.713, subsection 2, Code 2024, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  q.  Cosmetic, reconstructive, or plastic surgery services provided in an ambulatory surgical center licensed under chapter 135R.
    Sec. 3.  Section 135R.3, subsection 1, Code 2024, is amended to read as follows:
   1.  An applicant for an ambulatory surgical center license shall submit an application to the department. Applications shall be upon such forms and shall include such information as the department may reasonably require, which may include affirmative evidence of the ability to comply with reasonable rules and standards prescribed under this chapter but which shall not exceed either the requirements for applications required by Medicare, or an accreditation standard for the joint commission, the American association for accreditation of ambulatory surgical facilities, the accreditation association for ambulatory health care, or an accrediting organization with deeming authority authorized by the centers for Medicare and Medicaid services of the United States department of health and human services.
    Sec. 4.  Section 135R.4, subsection 1, Code 2024, is amended to read as follows:
   1.  The department, with the advice and approval of the council on health and human services, shall adopt rules specifying the standards for ambulatory surgical centers to be licensed under this chapter. The rules shall be consistent with and shall not exceed the requirements of this chapter and the conditions for coverage in the federal Medicare program for ambulatory surgical centers under 42 C.F.R. pt. 416, or an accreditation standard for the joint commission, the American association for accreditation of ambulatory surgical facilities, the accreditation association for ambulatory health care, or an accrediting organization with deeming authority authorized by the centers for Medicare and Medicaid services of the United States department of health and human services.
    Sec. 5.  Section 135R.5, subsection 2, Code 2024, is amended to read as follows:
   2.  The department shall recognize, in lieu of its own licensure inspection, the comparable inspection and inspection findings of a Medicare conditions for coverage survey completed by the department or an accrediting organization survey from an accrediting organization with deeming authority authorized by the centers for Medicare and Medicaid services of the United States department of health and human services.  An ambulatory surgical center utilizing an accrediting organization survey to satisfy the requirements of this section shall submit an accreditation certificate to the department within thirty days of completion of each accrediting organization survey.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to ambulatory surgical centers (ASCs).
   The bill defines “ambulatory surgical center” differently for the purposes of Code chapter 10A (department of inspections, appeals, and licensing) relative to the health facilities council and certificate of need as compared with Code chapter 135R (ambulatory surgical centers). Under Code section 10A.711, “ambulatory surgical center” does not include the individual or group practice office of a private physician, podiatrist, or dentist who there engages in the lawful practice of surgery, or the portion of a licensed hospital designated for outpatient surgical treatment. Under Code section 135R.1, “ambulatory surgical center” does not include the individual or group practice office of a private physician, podiatrist, or dentist who there engages in the lawful practice of surgery, not including cosmetic, reconstructive, or plastic surgery, or the portion of a licensed hospital designated for outpatient surgical treatment.
   The bill also exempts from the applicability of certificate of need requirements, cosmetic, reconstructive, or plastic surgery services provided in an ambulatory surgical center as defined in Code section 135R.1, and as licensed pursuant to Code chapter 135R.
   The bill amends Code section 135R.3(1) and Code section 135R.4(1) to provide that the application requirements for an ASC license and the rules adopted specifying standards for an ASC shall not exceed, as applicable, either the requirements for applications or the conditions for coverage required by Medicare, or an accreditation standard for the joint commission, the American association for accreditation of ambulatory surgical facilities, the accreditation association for ambulatory health care, or an accrediting organization with deeming authority authorized by the centers for Medicare and Medicaid services (CMS) of the United States department of health and human services.
   Code section 135R.5(2) provides that the department of inspections, appeals, and licensing (DIAL) shall recognize, in lieu of its own licensure inspection, the comparable inspection and inspections findings of a Medicare conditions survey completed by DIAL or an accrediting organization with deeming authority authorized by CMS. The bill provides instead that DIAL shall recognize the comparable inspection and inspections findings of a Medicare conditions survey completed by DIAL or an accrediting organization survey from an accrediting organization with deeming authority authorized by CMS. An ASC utilizing an accrediting organization survey as specified shall submit an accreditation certificate to DIAL within 30 days of completion of each accrediting organization survey.