House Study Bill 654 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON HEALTH AND HUMAN SERVICES BILL BY CHAIRPERSON HARRIS) A BILL FOR An Act prohibiting specified provisions in agreements between 1 employers and health care providers relating to location of 2 practice. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 6850YC (1) 91 je/js

H.F. _____ Section 1. NEW SECTION . 147.161A Health care providers —— 1 limitations on location of practice prohibited. 2 1. As used in this section: 3 a. “Employer” means a person, as defined in chapter 4, who 4 in this state employs for wages an employee. 5 b. “Health care provider” means a physician or osteopathic 6 physician licensed under chapter 148, a physician assistant 7 licensed under chapter 148C, a podiatrist licensed under 8 chapter 149, a chiropractor licensed under chapter 151, a 9 licensed practical nurse, a registered nurse, or an advanced 10 registered nurse practitioner licensed under chapter 152 or 11 152E, a dentist licensed under chapter 153, an optometrist 12 licensed under chapter 154, a pharmacist licensed under chapter 13 155A, or any other person who is licensed, certified, or 14 otherwise authorized or permitted by the law of this state to 15 administer health care in the ordinary course of business or in 16 the practice of a profession. 17 2. If a health care provider leaves employment for any 18 reason, a provision of an agreement entered into between the 19 health care provider and the health care provider’s former 20 employer prior to, on, or after the effective date of this Act 21 that limits the right of the health care provider to practice 22 at a hospital eligible for federal designation or federally 23 designated as a critical access hospital or at a medical 24 facility in an area that would qualify as a rural area or 25 for treatment as a rural area under 42 C.F.R. §485.610 shall 26 be void and unenforceable. This section does not apply to a 27 provision of an agreement between a health care provider and 28 the health care provider’s former employer that limits the 29 right of the health care provider to solicit current or former 30 patients of the health care provider. 31 EXPLANATION 32 The inclusion of this explanation does not constitute agreement with 33 the explanation’s substance by the members of the general assembly. 34 This bill provides that if a health care provider leaves 35 -1- LSB 6850YC (1) 91 je/js 1/ 2

H.F. _____ employment for any reason, a provision of an agreement 1 entered into between the health care provider and the health 2 care provider’s former employer prior to, on, or after the 3 effective date of the bill that limits the right of the 4 health care provider to practice at a hospital eligible for 5 federal designation or federally designated as a critical 6 access hospital or at a medical facility in an area that would 7 qualify as a rural area or for treatment as a rural area under 8 specified federal regulations shall be void and unenforceable. 9 The bill does not apply to a provision of an agreement between 10 a health care provider and the health care provider’s former 11 employer that limits the right of the health care provider to 12 solicit current or former patients of the health care provider. 13 -2- LSB 6850YC (1) 91 je/js 2/ 2