SSB 1081 (LSB 1401DP (3) 91)

SENATE/HOUSE FILE _____

BY  (PROPOSED DEPARTMENT OF INSPECTIONS, APPEALS, AND LICENSING BILL)

A BILL FOR

An Act relating to the review by the department of inspections, appeals, and licensing of certain deficient practices by nursing facilities.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 135C.40, subsection 1, paragraph d, subparagraph (1), Code 2025, is amended to read as follows:
   (1)  The department shall establish and maintain a process to review each deficient practice identified by the department for which a citation may be issued to a nursing facility for immediate jeopardy or substandard quality of care prior to issuance of final findings under section 135C.40A.  Representatives of the nursing facility issued such a citation may participate in the review to provide context and or evidence for the department to consider in determining if a final finding of immediate jeopardy or substandard quality of care should be issued. The review shall ensure consistent and accurate application of federal and state inspection protocols and defined regulatory standards.
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 the review by the department of inspections, appeals, and licensing (DIAL) of certain deficient practices by nursing facilities (facilities).
   Under current law, if the director of DIAL determines, based on the findings of an inspection or investigation of a facility, that the facility is in violation of Code chapter 135C (health care facilities) or rules adopted under that chapter, the director may issue a written citation to the facility within five days of the determination. After receiving a citation, the facility may send representatives to provide context and evidence for DIAL to consider when determining a final finding on the matter. A citation issued for noncompliance that has caused, or is likely to cause, serious injury, harm, impairment, or death to a resident is a citation for immediate jeopardy.
   Under the bill, DIAL must establish and maintain a process to review each deficient practice for which a citation may be issued to a facility so that representatives of the facility may provide context or evidence to DIAL prior to DIAL issuing a citation.