Bill Text: IA HF579 | 2015-2016 | 86th General Assembly | Enrolled
Bill Title: A bill for an act relating to the regulation of health care facilities, elder group homes, assisted living programs, and adult day services programs. Effective 7-1-15.
Spectrum: Committee Bill
Status: (Passed) 2015-04-24 - Signed by Governor. H.J. 924. [HF579 Detail]
Download: Iowa-2015-HF579-Enrolled.html
House File 579 - Enrolled
HOUSE FILE
BY COMMITTEE ON HUMAN
RESOURCES
(SUCCESSOR TO HSB 145)
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A BILL FOR
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House File 579
AN ACT
RELATING TO THE REGULATION OF HEALTH CARE FACILITIES, ELDER
GROUP HOMES, ASSISTED LIVING PROGRAMS, AND ADULT DAY
SERVICES PROGRAMS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 135C.10, subsection 9, Code 2015, is
amended to read as follows:
9. In the case of an application by an existing licensee
for a new or newly acquired facility, continuing or repeated
failure of the licensee to operate any previously licensed
facility or facilities in compliance with the provisions of
this chapter, the rules adopted pursuant to this chapter, or
equivalent provisions that the facility is subject to in this
state or any other state.
Sec. 2. Section 135C.36, subsection 4, Code 2015, is amended
to read as follows:
4. Any state penalty, including a fine or citation, issued
as a result of the federal survey and certification process
following a state licensure and federal certification survey or
investigation shall be dismissed if the corresponding federal
deficiency or citation is dismissed or removed. Any state
penalty, including a fine or citation, shall be retained or
reinstated if the federal deficiency is retained or reinstated.
Sec. 3. Section 135C.41, subsection 2, Code 2015, is amended
to read as follows:
2. If the facility desires to contest the citation, notify
the director that the facility desires to contest the citation
and request do either of the following:
a. Request an informal conference with an independent
reviewer pursuant to section 135C.42. Upon the conclusion of
an informal conference, in the case of an affirmed or modified
citation, the facility may request a contested case hearing
in writing within five days after receipt of the written
explanation of the independent reviewer.
b. Request a contested case hearing in the manner provided
by chapter 17A for contested cases. The formal hearing shall
be conducted in accordance with chapter 17A and rules adopted
by the department.
Sec. 4. Section 135C.42, subsection 1, Code 2015, is amended
to read as follows:
1. The director shall provide an independent reviewer
to hold an informal conference with the facility within ten
working days after receipt of a request made under section
135C.41, subsection 2, paragraph "a". At the conclusion of the
conference the independent reviewer may affirm or may modify or
dismiss the citation. The independent reviewer shall state in
writing the specific reasons for the affirmation, modification,
or dismissal and immediately transmit copies of the statement
to the director, and to the facility. If the facility does not
desire to further contest an affirmed or modified citation, it
shall comply with section 135C.41, subsection 1, within five
working days after the informal conference, or after receipt
of the written explanation of the independent reviewer, as the
case may be, comply with section 135C.41, subsection 1.
Sec. 5. Section 135C.43, Code 2015, is amended to read as
follows:
135C.43 Formal contest ==== judicial Judicial review.
1. A facility that desires to further contest an affirmed
or modified citation for a class I, class II, or class III
violation may do so in the manner provided by chapter 17A
for contested cases. Notice of intent to formally contest a
citation shall be given the department in writing within five
days after the informal conference or after receipt of the
written explanation of the independent reviewer provided to
hold the informal conference, whichever is applicable, in the
case of an affirmed or modified citation. A facility which has
exhausted all adequate administrative remedies and is aggrieved
by the final action of the department may petition for judicial
review in the manner provided by chapter 17A.
2. Hearings on petitions for judicial review brought under
this section shall be set for trial at the earliest possible
date and shall take precedence on the court calendar over
all other cases except matters to which equal or superior
precedence is specifically granted by law. The times for
pleadings and for hearings in such actions shall be set by the
judge of the court with the object of securing a decision in
the matter at the earliest possible time.
Sec. 6. Section 135C.43A, Code 2015, is amended to read as
follows:
135C.43A Reduction of penalty amount.
If a facility has been assessed a penalty, does not request a
formal hearing pursuant to section 135C.43 135C.41, subsection
2, paragraph "b", or withdraws its request for a formal hearing
within thirty days of the date that the penalty was assessed,
and the penalty is paid within thirty days of the receipt of
notice or service, the amount of the penalty shall be reduced
by thirty=five percent. The citation which includes the civil
penalty shall include a statement to this effect.
Sec. 7. Section 231B.9, Code 2015, is amended to read as
follows:
231B.9 Public disclosure Disclosure of findings.
Upon completion of a monitoring evaluation or complaint
investigation of an elder group home by the department pursuant
to this chapter, the department's final findings with respect
to compliance by the elder group home with requirements for
certification shall be made available to the public in a
readily available form and place. Other information relating
to an elder group home that is obtained by the department which
does not constitute the department's final findings from a
monitoring evaluation or complaint investigation of the elder
group home shall not be made available to the public except
in proceedings involving the assessment of a civil penalty
pursuant to section 231B.14 or the denial, suspension, or
revocation of a certificate under this chapter.
Sec. 8. Section 231B.9A, Code 2015, is amended to read as
follows:
231B.9A Informal conference ==== formal contest ==== judicial
review.
1. Within twenty business days after issuance of the final
findings, the elder group home shall notify the director if the
home desires to contest the findings and request do either of
the following:
a. Request an informal conference with an independent
reviewer pursuant to subsection 2. Upon the conclusion of an
informal conference, if the elder group home desires to further
contest an affirmed or modified regulatory insufficiency,
it may do so by giving notice of intent to formally contest
the regulatory insufficiency, in writing, to the department
within five days after receipt of the written decision of the
independent reviewer.
b. Request a contested case hearing in the manner provided
by chapter 17A for contested cases. The formal hearing shall
be conducted in accordance with chapter 17A and rules adopted
by the department.
2. a. The department shall provide an independent reviewer
to hold an informal conference with an elder group home within
ten working days after receiving a request from the home
pursuant to subsection 1, paragraph "a". At the conclusion of
the informal conference, the independent reviewer may affirm,
modify, or dismiss a contested regulatory insufficiency. The
independent reviewer shall state in writing the specific
reasons for the affirmation, modification, or dismissal and
immediately transmit copies of the statement to the department
and to the home.
3. b. An independent reviewer shall be licensed as an
attorney in the state of Iowa and shall not be employed or have
been employed by the department in the past eight years or have
appeared in front of the department on behalf of an elder group
home in the past eight years. Preference shall be given to an
attorney with background knowledge, experience, or training
in long=term care. The department may issue a request for
proposals to enter into a contract for the purpose of providing
one or more independent reviewers for informal conferences.
4. An elder group home that desires to further contest an
affirmed or modified regulatory insufficiency may do so in the
manner provided by chapter 17A for contested cases. The home
shall give notice of intent to formally contest a regulatory
insufficiency, in writing, to the department within five days
after receipt of the written decision of the independent
reviewer. The formal hearing shall be conducted in accordance
with chapter 17A and rules adopted by the department.
5. 3. An elder group home that has exhausted all adequate
administrative remedies and is aggrieved by the final action of
the department may petition for judicial review in the manner
provided by chapter 17A.
Sec. 9. Section 231B.10, subsection 1, paragraphs f and i,
Code 2015, are amended to read as follows:
f. Founded dependent adult abuse as defined in section
235B.2 235E.1.
i. In the case of an application by an existing certificate
holder for a new or newly acquired elder group home, continuing
or repeated failure of the certificate holder to operate any
previously certified elder group home or homes in compliance
with the provisions of this chapter, the rules adopted pursuant
to this chapter, or equivalent provisions that the elder group
home is subject to in this state or any other state.
Sec. 10. Section 231C.9, Code 2015, is amended to read as
follows:
231C.9 Public disclosure Disclosure of findings.
Upon completion of a monitoring evaluation or complaint
investigation of an assisted living program by the department
pursuant to this chapter, the department's final findings
with respect to compliance by the assisted living program
with requirements for certification shall be made available
to the public in a readily available form and place. Other
information relating to an assisted living program that is
obtained by the department which does not constitute the
department's final findings from a monitoring evaluation or
complaint investigation of the assisted living program shall
not be made available to the public except in proceedings
involving the assessment of a civil penalty pursuant to
section 231C.14 or the denial, suspension, or revocation of a
certificate under this chapter.
Sec. 11. Section 231C.9A, Code 2015, is amended to read as
follows:
231C.9A Informal conference ==== formal contest ==== judicial
review.
1. Within twenty business days after issuance of the final
findings, the assisted living program shall notify the director
if the program desires to contest the findings and request do
either of the following:
a. Request an informal conference with an independent
reviewer pursuant to subsection 2. Upon the conclusion
of an informal conference, if the assisted living program
desires to further contest an affirmed or modified regulatory
insufficiency, it may do so by giving notice of intent to
formally contest the regulatory insufficiency, in writing, to
the department within five days after receipt of the written
decision of the independent reviewer.
b. Request a contested case hearing in the manner provided
by chapter 17A for contested cases. The formal hearing shall
be conducted in accordance with chapter 17A and rules adopted
by the department.
2. a. The department shall provide an independent reviewer
to hold an informal conference with an assisted living
program within ten working days after receiving a request
from the program pursuant to subsection 1, paragraph "a". At
the conclusion of the informal conference, the independent
reviewer may affirm, modify, or dismiss a contested regulatory
insufficiency. The independent reviewer shall state in writing
the specific reasons for the affirmation, modification, or
dismissal and immediately transmit copies of the statement to
the department and to the program.
3. b. An independent reviewer shall be licensed as an
attorney in the state of Iowa and shall not be employed or have
been employed by the department in the past eight years or have
appeared in front of the department on behalf of an assisted
living program in the past eight years. Preference shall be
given to an attorney with background knowledge, experience,
or training in long=term care. The department may issue a
request for proposals to enter into a contract for the purpose
of providing one or more independent reviewers for informal
conferences.
4. An assisted living program that desires to further
contest an affirmed or modified regulatory insufficiency may do
so in the manner provided by chapter 17A for contested cases.
The program shall give notice of intent to formally contest
a regulatory insufficiency, in writing, to the department
within five days after receipt of the written decision of the
independent reviewer. The formal hearing shall be conducted
in accordance with chapter 17A and rules adopted by the
department.
5. 3. An assisted living program that has exhausted all
adequate administrative remedies and is aggrieved by the final
action of the department may petition for judicial review in
the manner provided by chapter 17A.
Sec. 12. Section 231C.10, subsection 1, paragraph i, Code
2015, is amended to read as follows:
i. In the case of an application by an existing certificate
holder for a new or newly acquired assisted living program,
continuing or repeated failure of the certificate holder to
operate any previously certified assisted living program or
programs in compliance with the provisions of this chapter,
the rules adopted pursuant to this chapter, or equivalent
provisions that the assisted living program is subject to in
this state or any other state.
Sec. 13. Section 231D.5, subsection 1, paragraphs g and k,
Code 2015, are amended to read as follows:
g. Founded dependent adult abuse as defined in section
235B.2 235E.1.
k. In the case of an application by an existing certificate
holder for a new or newly acquired adult day services program,
continuing or repeated failure of the certificate holder to
operate any previously certified adult day services program or
programs in compliance with the provisions of this chapter,
the rules adopted pursuant to this chapter, or equivalent
provisions that the adult day services program is subject to in
this state or any other state.
Sec. 14. Section 231D.10, Code 2015, is amended to read as
follows:
231D.10 Public disclosure Disclosure of findings.
Upon completion of a monitoring evaluation or complaint
investigation of an adult day services program by the
department pursuant to this chapter, the department's final
findings with respect to compliance by the adult day services
program with requirements for certification shall be made
available to the public in a readily available form and place.
Other information relating to an adult day services program
that is obtained by the department which does not constitute
the department's final findings from a monitoring evaluation
or complaint investigation of the adult day services program
shall not be made available to the public except in proceedings
involving the assessment of a civil penalty pursuant to
section 231D.11 or the denial, suspension, or revocation of a
certificate under this chapter.
Sec. 15. Section 231D.10A, Code 2015, is amended to read as
follows:
231D.10A Informal conference == formal contest == judicial
review.
1. Within twenty business days after issuance of the final
findings, the adult day services program shall notify the
director if the program desires to contest the findings and
request do either of the following:
a. Request an informal conference with an independent
reviewer pursuant to subsection 2. Upon the conclusion of
an informal conference, if the adult day services program
desires to further contest an affirmed or modified regulatory
insufficiency, it may do so by giving notice of intent to
formally contest the regulatory insufficiency, in writing, to
the department within five days after receipt of the written
decision of the independent reviewer.
b. Request a contested case hearing in the manner provided
by chapter 17A for contested cases. The formal hearing shall
be conducted in accordance with chapter 17A and rules adopted
by the department.
2. a. The department shall provide an independent reviewer
to hold an informal conference with an adult day services
program within ten working days after receiving a request
from the program pursuant to subsection 1, paragraph "a". At
the conclusion of the informal conference, the independent
reviewer may affirm, modify, or dismiss a contested regulatory
insufficiency. The independent reviewer shall state in writing
the specific reasons for the affirmation, modification, or
dismissal and immediately transmit copies of the statement to
the department and to the program.
3. b. An independent reviewer shall be licensed as an
attorney in the state of Iowa and shall not be employed or have
been employed by the department in the past eight years or have
appeared in front of the department on behalf of an adult day
services program in the past eight years. Preference shall be
given to an attorney with background knowledge, experience,
or training in long=term care. The department may issue a
request for proposals to enter into a contract for the purpose
of providing one or more independent reviewers for informal
conferences.
4. An adult day services program that desires to further
contest an affirmed or modified regulatory insufficiency may do
so in the manner provided by chapter 17A for contested cases.
The program shall give notice of intent to formally contest
a regulatory insufficiency, in writing, to the department
within five days after receipt of the written decision of the
independent reviewer. The formal hearing shall be conducted
in accordance with chapter 17A and rules adopted by the
department.
5. 3. An adult day services program that has exhausted all
adequate administrative remedies and is aggrieved by the final
action of the department may petition for judicial review in
the manner provided by chapter 17A.
Sec. 16. Section 235E.2, subsection 6, paragraph d, Code
2015, is amended to read as follows:
d. In every case involving dependent adult abuse which is
substantiated by the department and which results in a judicial
proceeding on behalf of the dependent adult, legal counsel
shall be appointed by the court to represent the dependent
adult in the proceedings. The court may also appoint a
guardian ad litem to represent the dependent adult if necessary
to protect the dependent adult's best interests. The same
attorney may shall not be appointed to serve both as legal
counsel and as guardian ad litem. Before legal counsel or a
guardian ad litem is appointed pursuant to this paragraph, the
court shall require the dependent adult and any person legally
responsible for the support of the dependent adult to complete
under oath a detailed financial statement. If, on the basis of
that financial statement, the court deems that the dependent
adult or the legally responsible person is able to bear all
or a portion of the cost of the legal counsel or guardian ad
litem, the court shall so order. In cases where the dependent
adult or the legally responsible person is unable to bear the
cost of the legal counsel or guardian ad litem, the expense
shall be paid by the county.
KRAIG PAULSEN
Speaker of the House
PAM JOCHUM
President of the Senate
I hereby certify that this bill originated in the House and
is known as House File 579, Eighty=sixth General Assembly.
CARMINE BOAL
Chief Clerk of the House
Approved , 2015
TERRY E. BRANSTAD
Governor
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