House
File
919
-
Introduced
HOUSE
FILE
919
BY
COMMITTEE
ON
HEALTH
AND
HUMAN
SERVICES
(SUCCESSOR
TO
HSB
268)
A
BILL
FOR
An
Act
relating
to
specialty
hospital
designations
for
certain
1
nonprofit
organizations.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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919
Section
1.
Section
135B.1,
Code
2025,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
7.
“Specialty
hospital”
means
a
hospital
3
described
by
all
of
the
following:
4
a.
The
hospital
is
owned
and
operated
by
a
nonprofit
5
organization.
6
b.
The
hospital
only
serves
individuals
thirty
years
of
age
7
and
younger.
8
c.
More
than
sixty
percent
of
the
individuals
served
by
the
9
hospital
receive
medical
assistance
under
chapter
249A.
10
d.
The
hospital
specializes
in
pediatric
rehabilitation
and
11
treating
children
with
a
behavioral
health
condition
or
complex
12
medical
needs.
13
e.
The
hospital
has
no
more
than
one
hundred
inpatient
beds.
14
f.
The
hospital
provides
outpatient
services.
15
g.
The
hospital
was
a
licensed
nursing
facility
under
16
section
135C.1,
prior
to
July
1,
2025.
17
Sec.
2.
NEW
SECTION
.
135B.40
Specialty
hospitals.
18
1.
A
specialty
hospital
shall
establish
formal
criteria
19
based
on
objective
medical
standards
for
patient
admission,
20
discharge,
and
continuation
of
care.
21
2.
The
department
shall
adopt
rules
pursuant
to
chapter
22
17A
relating
to
the
application
of
criteria
established
under
23
subsection
1
when
reviewing
patient
discharges
from
a
specialty
24
hospital.
25
3.
The
department
of
health
and
human
services
shall
26
provide
notice
to
a
specialty
hospital
of
a
significant
change
27
in
federal
Medicaid
reimbursement
to
hospitals
which
would
28
negatively
impact
the
specialty
hospital.
To
the
extent
29
permitted
by
law,
the
department
of
health
and
human
services
30
shall
collaborate
with
the
specialty
hospital
to
mitigate
the
31
negative
effects
of
a
significant
change
in
federal
Medicaid
32
reimbursement
to
hospitals.
33
Sec.
3.
DEPARTMENT
OF
INSPECTIONS,
APPEALS,
AND
LICENSING
34
——
DEPARTMENT
OF
HEALTH
AND
HUMAN
SERVICES
——
SPECIALTY
35
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HOSPITALS.
1
1.
For
purposes
of
this
section,
“licensed
entity”
means
an
2
entity
granted
a
provisional
general
hospital
license
with
a
3
specialty
hospital
designation
under
subsection
2,
paragraph
4
“a”.
5
2.
On
or
before
July
1,
2025,
the
department
of
inspections,
6
appeals,
and
licensing
shall,
to
the
extent
not
prohibited
by
7
federal
law,
do
all
of
the
following:
8
a.
Grant
a
provisional
general
hospital
license
with
a
9
specialty
hospital
designation
to
an
entity
that
meets
the
10
definition
of
a
specialty
hospital
under
section
135B.1.
A
11
provisional
license
granted
under
this
paragraph
shall
enable
12
the
licensed
entity
to
participate
in
hospital-based
enhanced
13
reimbursement.
14
b.
Approve
a
licensed
entity
to
obtain
accreditation
from
an
15
accrediting
organization
approved
by
the
federal
centers
for
16
Medicare
and
Medicaid
services.
17
3.
On
or
before
July
1,
2025,
the
department
of
health
and
18
human
services
shall
set
reimbursement
rates
for
inpatient
19
care
provided
by
a
licensed
entity.
Reimbursement
rates
under
20
this
paragraph
shall
be
equal
to
the
licensed
entity’s
average
21
allowable
per
diem
costs,
and
adjusted
for
inflation.
22
4.
On
or
before
July
1,
2025,
the
department
of
health
and
23
human
services
and
the
department
of
inspections,
appeals,
and
24
licensing
shall,
to
the
extent
not
prohibited
by
federal
law,
25
do
the
following:
26
a.
Grant
waivers
for
facility
requirements
under
each
27
department’s
rulemaking
authority
to
the
extent
necessary
to
28
allow
a
licensed
entity
to
operate
as
a
specialty
hospital.
A
29
waiver
granted
under
this
paragraph
shall
be
valid
for
no
more
30
than
twenty-four
consecutive
months
from
the
date
of
enactment
31
of
this
Act,
or
until
the
licensed
entity
complies
with
all
32
facility
requirements,
whichever
is
earlier.
33
b.
Collaborate
with
each
other
and
a
licensed
entity
to
34
obtain
necessary
federal
waivers
and
approval
to
allow
the
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licensed
entity
to
operate
as
a
specialty
hospital
as
defined
1
under
42
C.F.R.
§411.351.
2
c.
Exempt
a
licensed
entity
from
being
required
to
provide
3
emergency
services,
other
than
emergency
services
the
licensed
4
entity
provided
prior
to
July
1,
2025.
5
d.
Exempt
a
licensed
entity
from
being
required
to
maintain,
6
or
have
available,
laboratory
and
pathology
services
and
7
facilities,
other
than
laboratory
and
pathology
services
and
8
facilities
the
licensed
entity
maintained
prior
to
July
1,
9
2025.
10
e.
Exempt
a
licensed
entity
from
construction
standards
11
applicable
only
to
hospitals
and
off-site
premises,
other
12
than
the
construction
standards
applicable
only
to
hospitals
13
and
off-site
premises
standards
that
the
licensed
entity
14
complied
with
prior
to
July
1,
2025.
The
exemption
under
this
15
paragraph
shall
include
exemption
from
the
standards
set
forth
16
in
the
guidelines
for
design
and
construction
of
hospitals
as
17
published
by
the
facility
guidelines
institute.
18
5.
On
or
before
July
1,
2025,
the
department
of
health
and
19
human
services,
the
department
of
inspections,
appeals,
and
20
licensing,
and
the
state
health
facilities
council
established
21
in
section
10A.712
shall,
to
the
extent
not
prohibited
by
22
federal
law,
do
all
of
the
following:
23
a.
Waive
any
requirement
necessary
to
allow
a
licensed
24
entity
to
redesignate
nursing
facility
beds
as
specialty
25
hospital
beds.
26
b.
Waive
any
requirement
necessary
to
allow
a
licensed
27
entity
to
expand
up
to
one
hundred
specialty
hospital
beds.
28
6.
The
department
of
inspections,
appeals,
and
licensing,
29
and
the
department
of
health
and
human
services,
shall
adopt
30
rules
pursuant
to
chapter
17A
as
necessary
to
implement
this
31
section.
32
EXPLANATION
33
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
34
the
explanation’s
substance
by
the
members
of
the
general
assembly.
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919
This
bill
relates
to
specialty
hospital
designations
for
1
certain
nonprofit
organizations.
2
The
bill
defines
“specialty
hospital”
as
a
hospital
that
is
3
owned
and
operated
by
a
nonprofit
organization;
only
serves
4
individuals
30
years
of
age
and
younger;
has
more
than
60
5
percent
of
patients
receiving
medical
assistance
under
Code
6
chapter
249A
(medical
assistance);
specializes
in
pediatric
7
rehabilitation
and
treating
children
with
a
behavioral
8
health
condition
or
complex
medical
needs;
has
no
more
than
9
100
inpatient
beds;
provides
outpatient
services;
and
was
a
10
licensed
nursing
facility
prior
to
July
1,
2025.
11
The
bill
requires
a
specialty
hospital
to
establish
formal
12
criteria
based
on
objective
medical
standards
for
patient
13
admission,
discharge,
and
continuation
of
care.
The
department
14
of
inspections,
appeals,
and
licensing
(DIAL)
must
adopt
rules
15
relating
to
the
application
of
criteria
when
reviewing
patient
16
discharges
from
a
specialty
hospital.
17
The
bill
requires
the
department
of
health
and
human
18
services
(HHS)
to
provide
notice
to
a
specialty
hospital
19
of
a
significant
change
in
federal
Medicaid
reimbursement
20
to
hospitals
which
would
negatively
impact
the
specialty
21
hospital.
The
bill
requires
HHS,
to
the
extent
permitted
by
22
law,
to
collaborate
with
specialty
hospitals
to
mitigate
the
23
negative
effects
of
a
significant
change
in
federal
Medicaid
24
reimbursement
to
hospitals.
25
The
bill
requires
HHS
to
set
reimbursement
rates
for
26
inpatient
care
provided
by
a
specialty
hospital
at
a
rate
equal
27
to
the
specialty
hospital’s
average
allowable
per
diem
costs
as
28
adjusted
for
inflation.
29
The
bill
requires
DIAL,
HHS,
and
the
state
health
facilities
30
council,
to
the
extent
not
prohibited
by
federal
law,
to
waive
31
certain
regulatory
requirements,
exempt
a
specialty
hospital
32
from
certain
regulatory
requirements,
and
support
a
specialty
33
hospital
in
obtaining
a
waiver
from
or
achieving
compliance
34
with
certain
federal
regulatory
requirements
as
necessary
to
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allow
the
specialty
hospital
to
operate.
The
bill
directs
1
DIAL
and
HHS
to
adopt
rules
to
implement
such
waivers
and
2
exemptions,
or
permit
such
assistance.
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