House
File
2585
-
Reprinted
HOUSE
FILE
2585
BY
COMMITTEE
ON
HEALTH
AND
HUMAN
SERVICES
(SUCCESSOR
TO
HSB
691)
(As
Amended
and
Passed
by
the
House
February
26,
2024
)
A
BILL
FOR
An
Act
relating
to
health
care
facilities,
including
joint
1
training
sessions
and
review
of
certain
citations
for
2
nursing
facilities,
and
exceptions
to
on-site
inspections
of
3
health
care
facilities
following
complaints.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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2585
Section
1.
NEW
SECTION
.
135C.35C
Nursing
facilities
——
1
joint
training
sessions.
2
The
department
shall
semiannually
provide
joint
training
3
sessions
for
inspectors
and
nursing
facilities
to
review
at
4
least
three
of
the
ten
most
frequently
issued
federal
citations
5
in
the
state
during
the
immediately
preceding
calendar
year.
6
The
department
shall
develop
a
protocol
to
identify
regional
7
citation
patterns
relating
to
complaints,
standards,
and
8
outcomes
in
the
nursing
facility
inspection
process.
The
9
department
shall
include
the
state
long-term
care
ombudsman,
10
or
the
state
long-term
care
ombudsman’s
designee,
and
11
representatives
of
each
nursing
facility
provider
association
12
in
the
state
in
the
planning
process
for
the
joint
training
13
sessions.
14
Sec.
2.
Section
135C.38,
subsection
1,
paragraph
a,
15
unnumbered
paragraph
1,
Code
2024,
is
amended
to
read
as
16
follows:
17
Upon
receipt
of
a
complaint
made
in
accordance
with
section
18
135C.37
,
the
department
shall
make
a
preliminary
review
of
the
19
complaint.
Unless
the
department
concludes
that
the
complaint
20
is
intended
to
harass
a
facility
or
a
licensee
,
or
is
without
21
reasonable
basis,
involves
an
issue
that
is
either
the
same
22
subject
of
an
incident
self-reported
by
a
facility
or
of
a
23
complaint
for
which
the
self-reported
incident
or
complaint
24
investigation
concluded
within
the
immediately
preceding
ninety
25
calendar
days,
or
is
a
complaint
that
may
be
investigated
by
26
the
department
off
site
through
access
to
electronic
records
27
and
via
telephonic
interviews,
the
department
shall
make
or
28
cause
to
be
made
an
on-site
inspection
of
the
health
care
29
facility
which
is
the
subject
of
the
complaint
within
the
time
30
period
determined
pursuant
to
the
following
guidelines,
which
31
period
shall
commence
on
the
date
of
receipt
of
the
complaint:
32
Sec.
3.
Section
135C.40,
subsection
1,
Code
2024,
is
amended
33
by
adding
the
following
new
paragraph:
34
NEW
PARAGRAPH
.
d.
(1)
The
department
shall
establish
and
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maintain
a
process
to
review
each
citation
issued
for
immediate
1
jeopardy
or
substandard
quality
of
care
prior
to
issuance
of
2
final
findings
under
section
135C.40A.
Representatives
of
the
3
nursing
facility
issued
such
a
citation
may
participate
in
4
the
review
to
provide
context
and
evidence
for
the
department
5
to
consider
in
determining
if
a
final
finding
of
immediate
6
jeopardy
or
substandard
quality
of
care
should
be
issued.
The
7
review
shall
ensure
consistent
and
accurate
application
of
8
federal
and
state
inspection
protocols
and
defined
regulatory
9
standards.
10
(2)
For
the
purposes
of
this
paragraph:
11
(a)
“Immediate
jeopardy”
means
a
situation
in
which
the
12
provider’s
noncompliance
with
one
or
more
requirements
of
13
participation
has
caused,
or
is
likely
to
cause,
serious
14
injury,
harm,
impairment,
or
death
to
a
resident.
15
(b)
“Likely”
means
probable
and
reasonably
to
be
expected,
16
and
suggests
a
greater
degree
of
probability
than
a
mere
risk,
17
potential,
or
possibility
that
a
particular
event
will
cause
18
serious
injury,
harm,
impairment,
or
death
to
a
resident.
19
(c)
“Substandard
quality
of
care”
means
the
same
as
defined
20
in
42
C.F.R.
§488.301.
21
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