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House File 116 - IntroducedA Bill ForAn Act 1relating to the information to be provided by a health
2care provider as part of a referral of a patient to an
3ambulatory surgical center, and providing for licensee
4discipline.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 147.163 Provision of information —
2referral to ambulatory surgical center — licensee discipline.
31. A health care provider who determines that a patient
4is a candidate for outpatient surgery, based on the patient’s
5medical status and surgical service needs, and refers the
6patient to an ambulatory surgical center as an option for the
7surgery, shall provide the patient with a written document
8listing the factors the patient should consider to make a fully
9informed decision about the recommended course of care. The
10considerations shall include all of the following:
11a. The differences in ownership; licensure, certification,
12or accreditation; and payment alternatives between the
13ambulatory surgical center and a hospital.
14b. The types of medical personnel generally involved in the
15patient’s surgical service and the capacity of the ambulatory
16surgical center and a hospital to comply with the personnel
17requirements.
18c. The capacity of the ambulatory surgical center and a
19hospital to respond to medical complications and emergencies
20that may arise from the surgical service.
21d. The proximity of the ambulatory surgical center to a
22hospital and the protocols in place for transfer of a patient
23from the ambulatory surgical center to the hospital for
24emergency care.
25e. The type of anesthesia generally used for the patient’s
26surgical service and the capacity of the ambulatory surgical
27center and a hospital to comply with requirements relative to
28the use of anesthesia.
292. For the purposes of this section:
30a. “Ambulatory surgical center” means a distinct facility
31that operates exclusively for the purpose of providing surgical
32services to patients not requiring hospitalization and in which
33the expected duration of services does not exceed twenty-four
34hours following an admission. “Ambulatory surgical center”
35includes a facility that otherwise meets the definition of
-1-1ambulatory surgical center whether or not licensed, certified,
2or accredited as an ambulatory surgical center and which may
3or may not operate on a partially cash-only or completely
4cash-only basis. “Ambulatory surgical center” does not include
5individual or group practice offices of private physicians
6or podiatrists that do not contain a distinct area used for
7outpatient surgical treatment on a regular basis, or that
8only provide surgery routinely provided in a physician’s
9or podiatrist’s office using local anesthesia or conscious
10sedation; individual or group practice offices of private
11dentists; or a portion of a licensed hospital designated for
12outpatient surgical treatment.
13b. “Health care provider” means a person who is licensed,
14certified, or otherwise authorized or permitted by the laws of
15this state to administer health care in the ordinary course of
16business or in the practice of a profession.
17c. “Hospital” means the same as defined in section 135B.1.
183. A health care provider who violates this section is
19subject to licensee discipline by the appropriate licensing or
20disciplinary authority.
21EXPLANATION
22The inclusion of this explanation does not constitute agreement with
23the explanation’s substance by the members of the general assembly.
24This bill requires a health care provider who determines
25that a patient is a candidate for outpatient surgery, based
26on the patient’s medical status and surgical service needs,
27and refers the patient to an ambulatory surgical center as an
28option for the surgery, to provide the patient with a written
29document listing the factors the patient should consider to
30make a fully informed decision about the recommended course of
31care. The bill specifies the considerations to be included in
32the written document and provides definitions of “ambulatory
33surgical center”, “health care provider”, and “hospital” for
34the purposes of the bill. A health care provider who violates
35the bill is subject to licensee discipline.
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2care provider as part of a referral of a patient to an
3ambulatory surgical center, and providing for licensee
4discipline.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 147.163 Provision of information —
2referral to ambulatory surgical center — licensee discipline.
31. A health care provider who determines that a patient
4is a candidate for outpatient surgery, based on the patient’s
5medical status and surgical service needs, and refers the
6patient to an ambulatory surgical center as an option for the
7surgery, shall provide the patient with a written document
8listing the factors the patient should consider to make a fully
9informed decision about the recommended course of care. The
10considerations shall include all of the following:
11a. The differences in ownership; licensure, certification,
12or accreditation; and payment alternatives between the
13ambulatory surgical center and a hospital.
14b. The types of medical personnel generally involved in the
15patient’s surgical service and the capacity of the ambulatory
16surgical center and a hospital to comply with the personnel
17requirements.
18c. The capacity of the ambulatory surgical center and a
19hospital to respond to medical complications and emergencies
20that may arise from the surgical service.
21d. The proximity of the ambulatory surgical center to a
22hospital and the protocols in place for transfer of a patient
23from the ambulatory surgical center to the hospital for
24emergency care.
25e. The type of anesthesia generally used for the patient’s
26surgical service and the capacity of the ambulatory surgical
27center and a hospital to comply with requirements relative to
28the use of anesthesia.
292. For the purposes of this section:
30a. “Ambulatory surgical center” means a distinct facility
31that operates exclusively for the purpose of providing surgical
32services to patients not requiring hospitalization and in which
33the expected duration of services does not exceed twenty-four
34hours following an admission. “Ambulatory surgical center”
35includes a facility that otherwise meets the definition of
-1-1ambulatory surgical center whether or not licensed, certified,
2or accredited as an ambulatory surgical center and which may
3or may not operate on a partially cash-only or completely
4cash-only basis. “Ambulatory surgical center” does not include
5individual or group practice offices of private physicians
6or podiatrists that do not contain a distinct area used for
7outpatient surgical treatment on a regular basis, or that
8only provide surgery routinely provided in a physician’s
9or podiatrist’s office using local anesthesia or conscious
10sedation; individual or group practice offices of private
11dentists; or a portion of a licensed hospital designated for
12outpatient surgical treatment.
13b. “Health care provider” means a person who is licensed,
14certified, or otherwise authorized or permitted by the laws of
15this state to administer health care in the ordinary course of
16business or in the practice of a profession.
17c. “Hospital” means the same as defined in section 135B.1.
183. A health care provider who violates this section is
19subject to licensee discipline by the appropriate licensing or
20disciplinary authority.
21EXPLANATION
22The inclusion of this explanation does not constitute agreement with
23the explanation’s substance by the members of the general assembly.
24This bill requires a health care provider who determines
25that a patient is a candidate for outpatient surgery, based
26on the patient’s medical status and surgical service needs,
27and refers the patient to an ambulatory surgical center as an
28option for the surgery, to provide the patient with a written
29document listing the factors the patient should consider to
30make a fully informed decision about the recommended course of
31care. The bill specifies the considerations to be included in
32the written document and provides definitions of “ambulatory
33surgical center”, “health care provider”, and “hospital” for
34the purposes of the bill. A health care provider who violates
35the bill is subject to licensee discipline.
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