House File 813 - Introduced HOUSE FILE 813 BY GERHOLD A BILL FOR An Act relating to private pay per diem rates at nursing 1 facilities. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1172YH (5) 91 dg/ko
H.F. 813 Section 1. NEW SECTION . 135C.35D Nursing facilities —— 1 private pay per diem rates. 2 1. For purposes of this section, “per diem rate” means 3 the daily rate a nursing facility charges a private pay 4 individual to reside in the nursing facility pursuant to a 5 contract executed by the nursing facility and the private pay 6 individual. 7 2. a. A nursing facility shall not increase a per diem 8 rate by a percentage greater than the percentage change in 9 the consumer price index for all urban consumers for the last 10 available twelve-month period published in the federal register 11 by the federal bureau of labor statistics. 12 b. A nursing facility shall not increase the per diem rate 13 for at least twelve consecutive months from the date the per 14 diem rate was established. 15 c. A nursing facility shall not increase the per diem rate 16 more than one time in any consecutive twelve-month period. 17 3. A nursing facility not in compliance with this section 18 shall not be eligible to renew a license under this chapter. 19 4. The department shall implement rules pursuant to chapter 20 17A to implement this section. Rules shall include but not be 21 limited to a requirement that each nursing facility submit a 22 list of each per diem rate charged by the nursing facility to 23 the department on an annual basis. Each nursing facility shall 24 provide the information to the department in a format approved 25 by the department that does not disclose the identity of any 26 private pay individual. 27 5. This section applies to per diem rates that are 28 established or renewed on or after the effective date of this 29 Act. 30 EXPLANATION 31 The inclusion of this explanation does not constitute agreement with 32 the explanation’s substance by the members of the general assembly. 33 This bill relates to private pay per diem rates at nursing 34 facilities. 35 -1- LSB 1172YH (5) 91 dg/ko 1/ 2
H.F. 813 The bill defines “per diem rate” (per diem) as the daily rate 1 a nursing facility (facility) charges a private pay individual 2 to reside in the facility pursuant to a contract executed by 3 the facility and the private pay individual. 4 The bill prohibits facilities from increasing a per diem by 5 a percentage greater than the percentage change in the consumer 6 price index for all urban consumers for the last available 7 12-month period published in the federal register by the 8 federal bureau of labor statistics. Facilities cannot change a 9 per diem within 12 months of establishing the per diem or more 10 than once in a consecutive 12-month period. 11 A facility is ineligible to renew its license unless the 12 facility is in compliance with the bill. 13 The bill requires the department of inspections, appeals, 14 and licensing (DIAL) to adopt rules to implement the bill. The 15 rules must include but not be limited to requiring facilities 16 to submit a list of each per diem charged by the facility to 17 DIAL on an annual basis in a format approved by DIAL that does 18 not disclose the identity of any private pay individual. 19 The bill applies to per diems established or renewed on or 20 after the bill’s effective date. 21 -2- LSB 1172YH (5) 91 dg/ko 2/ 2