Senate
File
75
-
Reprinted
SENATE
FILE
75
BY
REICHMAN
(As
Amended
and
Passed
by
the
Senate
February
16,
2023
)
A
BILL
FOR
An
Act
relating
to
certain
health
facilities
including
1
ambulatory
surgical
centers
and
rural
emergency
hospitals,
2
including
licensing
requirements
and
fees,
providing
3
penalties
and
making
penalties
applicable,
providing
4
emergency
rulemaking
authority,
and
including
applicability
5
and
effective
date
provisions.
6
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
7
SF
75
(7)
90
pf/rh/mb
S.F.
75
DIVISION
I
1
RURAL
EMERGENCY
HOSPITALS
2
Section
1.
Section
135B.1,
Code
2023,
is
amended
by
adding
3
the
following
new
subsections:
4
NEW
SUBSECTION
.
5.
“Rural
emergency
hospital”
means
a
5
facility
that
provides
rural
emergency
hospital
services
in
6
the
facility
twenty-four
hours
per
day,
seven
days
per
week;
7
does
not
provide
any
acute
care
inpatient
services
with
the
8
exception
of
any
distinct
part
of
the
facility
licensed
as
a
9
skilled
nursing
facility
providing
posthospital
extended
care
10
services;
and
meets
the
criteria
specified
in
section
135B.1A
11
and
the
federal
Consolidated
Appropriations
Act,
Pub.
L.
No.
12
116-260,
§125.
13
NEW
SUBSECTION
.
6.
“Rural
emergency
hospital
services”
14
means
the
following
services
provided
by
a
rural
emergency
15
hospital
that
do
not
exceed
an
annual
per
patient
average
of
16
twenty-four
hours
in
such
a
rural
emergency
hospital:
17
a.
Emergency
department
services
and
observation
care.
18
For
purposes
of
providing
emergency
department
services,
an
19
emergency
department
of
a
rural
emergency
hospital
shall
be
20
considered
staffed
if
a
physician,
advanced
registered
nurse
21
practitioner,
or
physician
assistant
is
available
to
furnish
22
rural
emergency
hospital
services
in
the
facility
twenty-four
23
hours
per
day.
24
b.
At
the
election
of
the
rural
emergency
hospital,
with
25
respect
to
services
furnished
on
an
outpatient
basis,
other
26
medical
and
health
services
as
specified
in
regulations
adopted
27
by
the
United
States
secretary
of
health
and
human
services.
28
Sec.
2.
Section
135B.2,
Code
2023,
is
amended
to
read
as
29
follows:
30
135B.2
Purpose.
31
The
purpose
of
this
chapter
is
to
provide
for
the
32
development,
establishment
and
enforcement
of
basic
standards
33
for
the
care
and
treatment
of
individuals
in
hospitals
and
34
rural
emergency
hospitals
and
for
the
construction,
maintenance
35
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75
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S.F.
75
and
operation
of
such
hospitals,
which,
in
the
light
of
1
existing
knowledge,
will
promote
safe
and
adequate
treatment
2
of
such
individuals
in
such
hospitals,
in
the
interest
of
the
3
health,
welfare
and
safety
of
the
public.
4
Sec.
3.
Section
135B.3,
Code
2023,
is
amended
to
read
as
5
follows:
6
135B.3
Licensure.
7
No
person
or
governmental
unit,
acting
severally
or
jointly
8
with
any
other
person
or
governmental
unit
shall
establish,
9
conduct
or
maintain
a
hospital
or
rural
emergency
hospital
in
10
this
state
without
a
license.
11
Sec.
4.
NEW
SECTION
.
135B.3A
Rural
emergency
hospital
12
licensure.
13
1.
The
department
shall
adopt
rules
pursuant
to
chapter
14
17A
to
establish
minimum
standards
for
the
licensure
of
rural
15
emergency
hospitals
consistent
with
the
federal
Consolidated
16
Appropriations
Act,
Pub.
L.
No.
116-260,
§125,
and
with
17
regulations
issued
by
the
United
States
secretary
of
health
and
18
human
services
for
rural
emergency
hospitals.
19
2.
To
be
eligible
for
a
rural
emergency
hospital
license,
a
20
facility
shall
have
been,
on
or
before
December
27,
2020,
one
21
of
the
following:
22
a.
A
licensed
critical
access
hospital.
23
b.
A
general
hospital
with
not
more
than
fifty
licensed
24
beds
located
in
a
county
in
a
rural
area
as
defined
in
section
25
1886(d)(2)(D)
of
the
federal
Social
Security
Act.
26
c.
A
general
hospital
with
no
more
than
fifty
licensed
beds
27
that
is
deemed
as
being
located
in
a
rural
area
pursuant
to
28
section
1886(d)(8)(E)
of
the
federal
Social
Security
Act.
29
Sec.
5.
Section
135B.4,
Code
2023,
is
amended
to
read
as
30
follows:
31
135B.4
Application
for
license.
32
Licenses
shall
be
obtained
from
the
department.
33
Applications
shall
be
upon
forms
and
shall
contain
information
34
as
the
department
may
reasonably
require,
which
may
include
35
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75
affirmative
evidence
of
ability
to
comply
with
reasonable
1
standards
and
rules
prescribed
under
this
chapter
.
Each
2
application
for
license
shall
be
accompanied
by
the
license
3
fee,
which
shall
be
refunded
to
the
applicant
if
the
license
4
is
denied
and
which
shall
be
deposited
into
the
state
treasury
5
and
credited
to
the
general
fund
if
the
license
is
issued.
6
Hospitals
and
rural
emergency
hospitals
having
fifty
beds
or
7
less
shall
pay
an
initial
license
fee
of
fifteen
dollars;
8
hospitals
of
more
than
fifty
beds
and
not
more
than
one
hundred
9
beds
shall
pay
an
initial
license
fee
of
twenty-five
dollars;
10
all
other
hospitals
shall
pay
an
initial
license
fee
of
fifty
11
dollars.
12
Sec.
6.
Section
135B.5,
subsection
1,
Code
2023,
is
amended
13
to
read
as
follows:
14
1.
Upon
receipt
of
an
application
for
license
and
the
15
license
fee,
the
department
shall
issue
a
license
if
the
16
applicant
and
hospital
facilities
comply
with
this
chapter
,
17
chapter
135
,
and
the
rules
of
the
department.
Each
licensee
18
shall
receive
annual
reapproval
upon
payment
of
five
hundred
19
dollars
and
upon
filing
of
an
application
form
which
is
20
available
from
the
department.
The
annual
licensure
fee
shall
21
be
dedicated
to
support
and
provide
educational
programs
on
22
regulatory
issues
for
hospitals
and
rural
emergency
hospitals
23
licensed
under
this
chapter
.
Licenses
shall
be
either
general
24
or
restricted
in
form.
Each
license
shall
be
issued
only
25
for
the
premises
and
persons
or
governmental
units
named
in
26
the
application
and
is
not
transferable
or
assignable
except
27
with
the
written
approval
of
the
department.
Licenses
shall
28
be
posted
in
a
conspicuous
place
on
the
licensed
premises
as
29
prescribed
by
rule
of
the
department.
30
Sec.
7.
Section
135B.5A,
Code
2023,
is
amended
to
read
as
31
follows:
32
135B.5A
Conversion
of
a
hospital
relative
to
certain
33
hospitals
.
34
1.
A
conversion
of
a
long-term
acute
care
hospital,
35
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75
rehabilitation
hospital,
or
psychiatric
hospital
as
defined
by
1
federal
regulations
to
a
general
hospital
or
to
a
specialty
2
hospital
of
a
different
type
is
a
permanent
change
in
bed
3
capacity
and
shall
require
a
certificate
of
need
pursuant
to
4
section
135.63
.
5
2.
A
conversion
of
a
critical
access
hospital
or
general
6
hospital
to
a
rural
emergency
hospital
shall
not
require
a
7
certificate
of
need
pursuant
to
section
135.63.
8
Sec.
8.
Section
135B.7,
Code
2023,
is
amended
to
read
as
9
follows:
10
135B.7
Rules
and
enforcement.
11
1.
a.
The
department,
with
the
approval
of
the
state
12
board
of
health,
shall
adopt
rules
setting
out
the
standards
13
for
the
different
types
of
hospitals
and
for
rural
emergency
14
hospitals
to
be
licensed
under
this
chapter
.
The
department
15
shall
enforce
the
rules.
16
b.
Rules
or
standards
shall
not
be
adopted
or
enforced
17
which
would
have
the
effect
of
denying
a
license
to
a
hospital
,
18
rural
emergency
hospital,
or
other
institution
required
to
be
19
licensed,
solely
by
reason
of
the
school
or
system
of
practice
20
employed
or
permitted
to
be
employed
by
physicians
in
the
21
hospital,
rural
emergency
hospital,
or
other
institution
if
the
22
school
or
system
of
practice
is
recognized
by
the
laws
of
this
23
state.
24
2.
a.
The
rules
shall
state
that
a
hospital
or
rural
25
emergency
hospital
shall
not
deny
clinical
privileges
to
26
physicians
and
surgeons,
podiatric
physicians,
osteopathic
27
physicians
and
surgeons,
dentists,
certified
health
service
28
providers
in
psychology,
physician
assistants,
or
advanced
29
registered
nurse
practitioners
licensed
under
chapter
148
,
30
148C
,
149
,
152
,
or
153
,
or
section
154B.7
,
solely
by
reason
of
31
the
license
held
by
the
practitioner
or
solely
by
reason
of
32
the
school
or
institution
in
which
the
practitioner
received
33
medical
schooling
or
postgraduate
training
if
the
medical
34
schooling
or
postgraduate
training
was
accredited
by
an
35
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4/
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75
organization
recognized
by
the
council
on
higher
education
1
accreditation
or
an
accrediting
group
recognized
by
the
United
2
States
department
of
education.
3
b.
A
hospital
or
rural
emergency
hospital
may
establish
4
procedures
for
interaction
between
a
patient
and
a
5
practitioner.
The
rules
shall
not
prohibit
a
hospital
or
6
rural
emergency
hospital
from
limiting,
restricting,
or
7
revoking
clinical
privileges
of
a
practitioner
for
violation
8
of
hospital
rules,
regulations,
or
procedures
established
9
under
this
paragraph,
when
applied
in
good
faith
and
in
a
10
nondiscriminatory
manner.
11
c.
This
subsection
shall
not
require
a
hospital
or
rural
12
emergency
hospital
to
expand
the
hospital’s
current
scope
of
13
service
delivery
solely
to
offer
the
services
of
a
class
of
14
providers
not
currently
providing
services
at
the
hospital
15
or
rural
emergency
hospital
.
This
section
shall
not
be
16
construed
to
require
a
hospital
or
rural
emergency
hospital
17
to
establish
rules
which
are
inconsistent
with
the
scope
of
18
practice
established
for
licensure
of
practitioners
to
whom
19
this
subsection
applies.
20
d.
This
section
shall
not
be
construed
to
authorize
the
21
denial
of
clinical
privileges
to
a
practitioner
or
class
of
22
practitioners
solely
because
a
hospital
or
rural
emergency
23
hospital
has
as
employees
of
the
hospital
or
rural
emergency
24
hospital
identically
licensed
practitioners
providing
the
same
25
or
similar
services.
26
3.
The
rules
shall
require
that
a
hospital
or
rural
27
emergency
hospital
establish
and
implement
written
criteria
28
for
the
granting
of
clinical
privileges.
The
written
criteria
29
shall
include
but
are
not
limited
to
consideration
of
all
of
30
the
following:
31
a.
The
ability
of
an
applicant
for
privileges
to
provide
32
patient
care
services
independently
and
appropriately
in
the
33
hospital
or
rural
emergency
hospital
.
34
b.
The
license
held
by
the
applicant
to
practice.
35
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c.
The
training,
experience,
and
competence
of
the
1
applicant.
2
d.
The
relationship
between
the
applicant’s
request
for
the
3
granting
of
privileges
and
the
hospital’s
or
rural
emergency
4
hospital’s
current
scope
of
patient
care
services,
as
well
as
5
the
hospital’s
or
rural
emergency
hospital’s
determination
of
6
the
necessity
to
grant
privileges
to
a
practitioner
authorized
7
to
provide
comprehensive,
appropriate,
and
cost-effective
8
services.
9
4.
The
department
shall
also
adopt
rules
requiring
10
hospitals
and
rural
emergency
hospitals
to
establish
and
11
implement
protocols
for
responding
to
the
needs
of
patients
who
12
are
victims
of
domestic
abuse,
as
defined
in
section
236.2
.
13
5.
The
department
shall
also
adopt
rules
requiring
14
hospitals
and
rural
emergency
hospitals
to
establish
and
15
implement
protocols
for
responding
to
the
needs
of
patients
who
16
are
victims
of
elder
abuse,
as
defined
in
section
235F.1
.
17
Sec.
9.
Section
135B.7A,
Code
2023,
is
amended
to
read
as
18
follows:
19
135B.7A
Procedures
——
orders.
20
The
department
shall
adopt
rules
that
require
hospitals
21
and
rural
emergency
hospitals
to
establish
procedures
for
22
authentication
of
all
verbal
orders
by
a
practitioner
within
23
a
period
not
to
exceed
thirty
days
following
a
patient’s
24
discharge.
25
Sec.
10.
Section
135B.8,
Code
2023,
is
amended
to
read
as
26
follows:
27
135B.8
Effective
date
of
rules.
28
Any
hospital
or
rural
emergency
hospital
which
is
in
29
operation
at
the
time
of
promulgation
of
any
applicable
30
rules
or
minimum
standards
under
this
chapter
shall
be
given
31
a
reasonable
time,
not
to
exceed
one
year
from
the
date
of
32
such
promulgation,
within
which
to
comply
with
such
rules
and
33
minimum
standards.
34
Sec.
11.
Section
135B.9,
Code
2023,
is
amended
to
read
as
35
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75
follows:
1
135B.9
Inspections
and
qualifications
for
hospital
and
rural
2
emergency
hospital
inspectors
——
protection
and
advocacy
agency
3
investigations.
4
1.
The
department
shall
make
or
cause
to
be
made
inspections
5
as
it
deems
necessary
in
order
to
determine
compliance
with
6
applicable
rules.
Hospital
and
rural
emergency
hospital
7
inspectors
shall
meet
the
following
qualifications:
8
a.
Be
free
of
conflicts
of
interest.
A
hospital
or
rural
9
emergency
hospital
inspector
shall
not
participate
in
an
10
inspection
or
complaint
investigation
of
a
hospital
or
rural
11
emergency
hospital
in
which
the
inspector
or
a
member
of
the
12
inspector’s
immediate
family
works
or
has
worked
within
the
13
last
two
years.
For
purposes
of
this
paragraph,
“immediate
14
family
member”
means
a
spouse;
natural
or
adoptive
parent,
15
child,
or
sibling;
or
stepparent,
stepchild,
or
stepsibling.
16
b.
Complete
a
yearly
conflict
of
interest
disclosure
17
statement.
18
c.
Biennially,
complete
a
minimum
of
ten
hours
of
continuing
19
education
pertaining
to
hospital
or
rural
emergency
hospital
20
operations
including
but
not
limited
to
quality
and
process
21
improvement
standards,
trauma
system
standards,
and
regulatory
22
requirements.
23
2.
In
the
state
resource
centers
and
state
mental
health
24
institutes
operated
by
the
department
of
human
services,
the
25
designated
protection
and
advocacy
agency
as
provided
in
26
section
135C.2,
subsection
4
,
shall
have
the
authority
to
27
investigate
all
complaints
of
abuse
and
neglect
of
persons
28
with
developmental
disabilities
or
mental
illnesses
if
the
29
complaints
are
reported
to
the
protection
and
advocacy
agency
30
or
if
there
is
probable
cause
to
believe
that
the
abuse
has
31
occurred.
Such
authority
shall
include
the
examination
of
all
32
records
pertaining
to
the
care
provided
to
the
residents
and
33
contact
or
interview
with
any
resident,
employee,
or
any
other
34
person
who
might
have
knowledge
about
the
operation
of
the
35
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institution.
1
Sec.
12.
Section
135B.12,
Code
2023,
is
amended
to
read
as
2
follows:
3
135B.12
Confidentiality.
4
The
department’s
final
findings
or
the
final
survey
findings
5
of
the
joint
commission
on
the
accreditation
of
health
care
6
organizations
or
the
American
osteopathic
association
with
7
respect
to
compliance
by
a
hospital
or
rural
emergency
hospital
8
with
requirements
for
licensing
or
accreditation
shall
be
made
9
available
to
the
public
in
a
readily
available
form
and
place.
10
Other
information
relating
to
a
hospital
or
rural
emergency
11
hospital
obtained
by
the
department
which
does
not
constitute
12
the
department’s
findings
from
an
inspection
of
the
hospital
13
or
rural
emergency
hospital
or
the
final
survey
findings
of
14
the
joint
commission
on
the
accreditation
of
health
care
15
organizations
or
the
American
osteopathic
association
shall
16
not
be
made
available
to
the
public,
except
in
proceedings
17
involving
the
denial,
suspension,
or
revocation
of
a
license
18
under
this
chapter
.
The
name
of
a
person
who
files
a
complaint
19
with
the
department
shall
remain
confidential
and
shall
not
20
be
subject
to
discovery,
subpoena,
or
other
means
of
legal
21
compulsion
for
its
release
to
a
person
other
than
department
22
employees
or
agents
involved
in
the
investigation
of
the
23
complaint.
24
Sec.
13.
Section
135B.14,
Code
2023,
is
amended
to
read
as
25
follows:
26
135B.14
Judicial
review.
27
Judicial
review
of
the
action
of
the
department
may
be
sought
28
in
accordance
with
chapter
17A
.
Notwithstanding
the
terms
of
29
chapter
17A
,
the
Iowa
administrative
procedure
Act,
petitions
30
for
judicial
review
may
be
filed
in
the
district
court
of
the
31
county
in
which
the
hospital
or
rural
emergency
hospital
is
32
located
or
to
be
located,
and
the
status
quo
of
the
petitioner
33
or
licensee
shall
be
preserved
pending
final
disposition
of
the
34
matter
in
the
courts.
35
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Sec.
14.
Section
135B.15,
Code
2023,
is
amended
to
read
as
1
follows:
2
135B.15
Penalties.
3
Any
person
establishing,
conducting,
managing,
or
operating
4
any
hospital
or
rural
emergency
hospital
without
a
license
5
shall
be
guilty
of
a
serious
misdemeanor,
and
each
day
of
6
continuing
violation
after
conviction
shall
be
considered
a
7
separate
offense.
8
Sec.
15.
Section
135B.16,
Code
2023,
is
amended
to
read
as
9
follows:
10
135B.16
Injunction.
11
Notwithstanding
the
existence
or
pursuit
of
any
other
12
remedy,
the
department
may,
in
the
manner
provided
by
law,
13
maintain
an
action
in
the
name
of
the
state
for
injunction
14
or
other
process
against
any
person
or
governmental
unit
to
15
restrain
or
prevent
the
establishment,
conduct,
management
or
16
operation
of
a
hospital
or
rural
emergency
hospital
without
a
17
license.
18
Sec.
16.
Section
135B.20,
subsection
3,
Code
2023,
is
19
amended
to
read
as
follows:
20
3.
“Hospital”
shall
mean
means
all
hospitals
and
rural
21
emergency
hospitals
licensed
under
this
chapter
.
22
Sec.
17.
Section
135B.33,
subsection
1,
unnumbered
23
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
24
Subject
to
availability
of
funds,
the
Iowa
department
of
25
public
health
shall
provide
technical
planning
assistance
to
26
local
boards
of
health
and
hospital
or
rural
emergency
hospital
27
governing
boards
to
ensure
access
to
hospital
such
services
in
28
rural
areas.
The
department
shall
encourage
the
local
boards
29
of
health
and
hospital
or
rural
emergency
hospital
governing
30
boards
to
adopt
a
long-term
community
health
services
and
31
developmental
plan
including
the
following:
32
Sec.
18.
Section
135B.34,
subsection
7,
Code
2023,
is
33
amended
to
read
as
follows:
34
7.
For
the
purposes
of
this
section
,
“comprehensive
35
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preliminary
background
check”
:
1
a.
“Comprehensive
preliminary
background
check”
means
the
2
same
as
defined
in
section
135C.1
.
3
b.
“Hospital”
means
a
hospital
or
rural
emergency
hospital
4
licensed
under
this
chapter.
5
Sec.
19.
EMERGENCY
RULEMAKING
AUTHORITY.
The
department
6
shall
adopt
emergency
rules
within
six
months
of
the
effective
7
date
of
this
Act
under
section
17A.4,
subsection
3,
and
section
8
17A.5,
subsection
2,
paragraph
“b”,
to
implement
the
provisions
9
of
this
division
of
this
Act
and
the
rules
shall
be
effective
10
immediately
upon
filing
unless
a
later
date
is
specified
in
the
11
rules.
Any
rules
adopted
in
accordance
with
this
section
shall
12
also
be
published
as
a
notice
of
intended
action
as
provided
13
in
section
17A.4.
14
Sec.
20.
APPLICABILITY.
This
division
of
this
Act
applies
15
to
a
facility,
or
due
to
change
in
ownership,
a
successor
16
facility,
that
was,
on
or
before
December
27,
2020,
a
general
17
hospital
with
no
more
than
fifty
licensed
beds,
located
in
a
18
county
in
a
rural
area
as
specified
in
section
135B.3A,
as
19
enacted
in
this
division
of
this
Act,
with
a
population
between
20
thirty
thousand
and
thirty-five
thousand
according
to
the
2020
21
federal
decennial
census,
operating
under
a
valid
certificate
22
of
need
on
and
prior
to
September
1,
2022.
Notwithstanding
23
any
provision
to
the
contrary,
and
in
accordance
with
section
24
135B.5A,
as
amended
in
this
division
of
this
Act,
the
reopening
25
of
a
general
hospital
by
a
successor
facility
as
specified
26
under
this
section
and
subsequent
conversion
to
a
rural
27
emergency
hospital
under
this
division
of
this
Act,
shall
not
28
be
subject
to
certificate
of
need
requirements
pursuant
to
29
section
135.63.
30
Sec.
21.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
31
deemed
of
immediate
importance,
takes
effect
upon
enactment.
32
DIVISION
II
33
AMBULATORY
SURGICAL
CENTERS
34
Sec.
22.
NEW
SECTION
.
135R.1
Definitions.
35
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As
used
in
this
chapter,
unless
the
context
otherwise
1
requires:
2
1.
“Ambulatory
surgical
center”
means
a
distinct
facility
3
that
operates
exclusively
for
the
purpose
of
providing
surgical
4
services
to
patients
not
requiring
hospitalization
and
in
which
5
the
expected
duration
of
services
does
not
exceed
twenty-four
6
hours
following
an
admission.
“Ambulatory
surgical
center”
7
includes
a
facility
certified
or
seeking
certification
as
an
8
ambulatory
surgical
center
under
the
federal
Medicare
program
9
or
under
the
medical
assistance
program
established
pursuant
10
to
chapter
249A.
“Ambulatory
surgical
center”
does
not
include
11
the
individual
or
group
practice
office
of
a
private
physician,
12
podiatrist,
or
dentist
who
there
engages
in
the
lawful
practice
13
of
surgery,
or
the
portion
of
a
licensed
hospital
designated
14
for
outpatient
surgical
treatment.
15
2.
“Department”
means
the
department
of
inspections
and
16
appeals.
17
Sec.
23.
NEW
SECTION
.
135R.2
Licensure.
18
A
person,
acting
severally
or
jointly
with
any
other
person,
19
shall
not
establish,
operate,
or
maintain
an
ambulatory
20
surgical
center
in
this
state
without
obtaining
a
license
as
21
provided
under
this
chapter.
22
Sec.
24.
NEW
SECTION
.
135R.3
Application
for
license
——
23
fee.
24
1.
An
applicant
for
an
ambulatory
surgical
center
license
25
shall
submit
an
application
to
the
department.
Applications
26
shall
be
upon
such
forms
and
shall
include
such
information
27
as
the
department
may
reasonably
require,
which
may
include
28
affirmative
evidence
of
the
ability
to
comply
with
reasonable
29
rules
and
standards
prescribed
under
this
chapter.
30
2.
An
application
for
an
initial
license
for
an
ambulatory
31
surgical
center
shall
be
accompanied
by
a
fee
of
fifty
dollars.
32
3.
The
fees
collected
under
this
section
shall
be
considered
33
repayment
receipts
as
defined
in
section
8.2
and
shall
be
used
34
by
the
department
to
administer
this
chapter.
35
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Sec.
25.
NEW
SECTION
.
135R.4
Rules.
1
1.
The
department,
with
the
advice
and
approval
of
the
state
2
board
of
health,
shall
adopt
rules
specifying
the
standards
for
3
ambulatory
surgical
centers
to
be
licensed
under
this
chapter.
4
The
rules
shall
be
consistent
with
and
shall
not
exceed
the
5
requirements
of
this
chapter
and
the
conditions
for
coverage
in
6
the
federal
Medicare
program
for
ambulatory
surgical
centers
7
under
42
C.F.R.
pt.
416.
8
2.
The
department
shall
adopt
rules
as
the
department
deems
9
necessary
to
administer
the
provisions
of
this
chapter
relating
10
to
the
issuance,
renewal,
denial,
suspension,
and
revocation
11
of
a
license
to
establish,
operate,
and
maintain
an
ambulatory
12
surgical
center.
13
3.
An
ambulatory
surgical
center
which
is
in
operation
at
14
the
time
of
adoption
of
any
applicable
rules
or
standards
under
15
this
chapter
shall
be
given
a
reasonable
time,
not
to
exceed
16
one
year
from
the
date
of
adoption,
within
which
to
comply
with
17
such
rules
and
standards.
18
4.
The
department
shall
enforce
the
rules.
19
Sec.
26.
NEW
SECTION
.
135R.5
Inspections
or
investigations.
20
1.
The
department
shall
make
or
cause
to
be
made
inspections
21
or
investigations
of
ambulatory
surgical
centers
to
determine
22
compliance
with
this
chapter
and
applicable
rules
and
23
standards.
The
department
shall
perform
inspections
on
a
24
schedule
that
is
of
the
same
frequency
required
for
inspections
25
of
Medicare-certified
ambulatory
surgical
centers.
26
2.
The
department
shall
recognize,
in
lieu
of
its
own
27
licensure
inspection,
the
comparable
inspection
and
inspection
28
findings
of
a
Medicare
conditions
for
coverage
survey
completed
29
by
the
department
or
an
accrediting
organization
with
deeming
30
authority
authorized
by
the
centers
for
Medicare
and
Medicaid
31
services
of
the
United
States
department
of
health
and
human
32
services.
33
3.
A
department
inspector
shall
not
participate
in
an
34
inspection
or
investigation
of
an
ambulatory
surgical
center
in
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which
the
inspector
or
a
member
of
the
inspector’s
immediate
1
family
works
or
has
worked
within
the
last
two
years
or
in
2
which
the
inspector
or
the
inspector’s
immediate
family
has
3
a
financial
ownership
interest.
For
the
purposes
of
this
4
section,
“immediate
family
member”
means
a
spouse,
natural
or
5
adoptive
parent
or
grandparent,
child,
grandchild,
sibling,
6
stepparent,
stepchild,
or
stepsibling.
7
Sec.
27.
NEW
SECTION
.
135R.6
Confidentiality.
8
The
department’s
final
findings
with
respect
to
compliance
9
by
an
ambulatory
surgical
center
with
requirements
for
10
licensing
shall
be
made
available
to
the
public
in
a
readily
11
available
form
and
place.
Other
information
relating
to
12
an
ambulatory
surgical
center
obtained
by
the
department
13
which
does
not
constitute
the
department’s
findings
from
an
14
inspection
of
the
ambulatory
surgical
center
shall
not
be
made
15
available
to
the
public,
except
in
proceedings
involving
the
16
denial,
suspension,
or
revocation
of
a
license
under
this
17
chapter.
The
name
of
a
person
who
files
a
complaint
with
the
18
department
shall
remain
confidential
and
shall
not
be
subject
19
to
discovery,
subpoena,
or
other
means
of
legal
compulsion
for
20
its
release
to
a
person
other
than
department
employees
or
21
agents
involved
in
the
investigation
of
the
complaint.
22
Sec.
28.
NEW
SECTION
.
135R.7
Injunction.
23
Notwithstanding
the
existence
or
pursuit
of
any
other
24
remedy,
the
department
may,
in
the
manner
provided
by
law,
25
maintain
an
action
in
the
name
of
the
state
for
injunction
26
or
other
process
against
any
person
to
restrain
or
prevent
27
the
establishment,
operation,
or
maintenance
of
an
ambulatory
28
surgical
center
without
a
license.
29
Sec.
29.
NEW
SECTION
.
135R.8
Judicial
review.
30
Judicial
review
of
an
action
of
the
department
may
be
sought
31
in
accordance
with
chapter
17A.
Notwithstanding
the
provisions
32
of
chapter
17A,
petitions
for
judicial
review
may
be
filed
33
in
the
district
court
of
the
county
in
which
the
ambulatory
34
surgical
center
is
located
or
is
to
be
located
and
the
status
35
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75
quo
of
the
petitioner
or
licensee
shall
be
preserved
pending
1
final
disposition
of
the
judicial
review
matter.
2
Sec.
30.
NEW
SECTION
.
135R.9
Penalties.
3
Any
person
establishing,
operating,
or
maintaining
any
4
ambulatory
surgical
center
without
a
license
commits
a
serious
5
misdemeanor,
and
each
day
of
continuing
violation
after
6
conviction
shall
be
considered
a
separate
offense.
7
Sec.
31.
Section
135.11,
Code
2023,
is
amended
by
adding
the
8
following
new
subsection:
9
NEW
SUBSECTION
.
29.
Adopt
rules
requiring
ambulatory
10
surgical
centers
to
report
quality
data
to
the
department
11
of
health
and
human
services
that
is
consistent
with
the
12
data
required
to
be
reported
to
the
centers
for
Medicare
and
13
Medicaid
services
of
the
United
States
department
of
health
and
14
human
services
as
authorized
by
the
Medicare
Improvements
and
15
Extension
Act
of
2006
under
Tit.
I
of
the
Tax
Relief
and
Health
16
Care
Act
of
2006,
Pub.
L.
No.
109-432,
and
the
regulations
17
adopted
under
such
Acts.
Notwithstanding
any
provision
of
18
law
to
the
contrary,
nothing
in
this
subsection
shall
require
19
an
ambulatory
surgical
center
to
provide
health
data
to
the
20
department
of
health
and
human
services
or
any
other
public
21
or
private
entity
that
is
in
addition
to,
different
than,
22
or
exceeds
the
quality
data
required
to
be
reported
to
the
23
centers
for
Medicare
and
Medicaid
services
of
the
United
States
24
department
of
health
and
human
services.
25
Sec.
32.
Section
135.61,
Code
2023,
is
amended
by
adding
the
26
following
new
subsection:
27
NEW
SUBSECTION
.
1A.
“Ambulatory
surgical
center”
means
28
ambulatory
surgical
center
as
defined
in
section
135R.1.
29
Sec.
33.
Section
135.61,
subsection
14,
paragraph
d,
Code
30
2023,
is
amended
to
read
as
follows:
31
d.
An
outpatient
ambulatory
surgical
facility
center
.
32
Sec.
34.
Section
135.61,
subsection
21,
Code
2023,
is
33
amended
by
striking
the
subsection.
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