Bill Text: IA HSB543 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to violations by a health care facility.(See HF 2172.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2022-01-28 - Committee report approving bill, renumbered as HF 2172. [HSB543 Detail]
Download: Iowa-2021-HSB543-Introduced.html
House
Study
Bill
543
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
DEPARTMENT
OF
INSPECTIONS
AND
APPEALS
BILL)
A
BILL
FOR
An
Act
relating
to
violations
by
a
health
care
facility.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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Section
1.
Section
135C.36,
subsection
5,
Code
2022,
is
1
amended
to
read
as
follows:
2
5.
If
a
facility
self-identifies
a
deficient
practice
prior
3
to
an
on-site
visit
inspection,
there
has
been
no
complaint
4
filed
with
the
department
related
to
that
specific
deficient
5
practice,
and
the
facility
corrects
such
practice
prior
to
6
an
inspection,
no
citation
shall
be
issued
or
fine
assessed
7
pursuant
to
subsection
2
or
3
except
for
those
penalties
8
arising
pursuant
to
section
135C.33
;
481
IAC
57.12(2)(d)
,
481
9
IAC
57.12(3)
,
481
IAC
57.15(5)
,
481
IAC
57.25(1)
,
481
IAC
10
57.39
,
481
IAC
57.11(3)
and
(7),
481
IAC
57.16(3),
481
IAC
11
57.32,
481
IAC
57.34(1),
481
IAC
58.11(3)
,
481
IAC
58.14(5)
,
12
481
IAC
58.19(2)(a),
481
IAC
58.19(2)(h)
,
481
IAC
58.28(1)(a)
,
13
481
IAC
58.43,
481
IAC
62.9(5)
,
481
IAC
62.15(1)(a)
,
481
IAC
14
62.19(2)(c)
,
481
IAC
62.19(7)
,
481
IAC
62.23(23)-(25)
,
481
IAC
15
63.11(2)(d)
,
481
IAC
63.11(3)
,
481
IAC
63.23(1)(a)
,
481
IAC
16
63.37
,
481
IAC
63.8(3),
481
IAC
63.27,
481
IAC
63.29(1),
481
17
IAC
64.4(9),
481
IAC
64.33
481
IAC
64.33(2)
,
481
IAC
64.34
,
18
481
IAC
65.9(5),
481
IAC
65.15
,
or
481
IAC
65.25(3)-(5)
481
19
IAC
65.25(3)
and
(4)
,
or
the
successor
to
any
of
such
rules;
20
or
42
C.F.R.
§483.420(d)
,
42
C.F.R.
§483.460(c)(4)
,
or
42
21
C.F.R.
§483.470(j),
or
the
successor
to
any
of
such
federal
22
regulations.
23
EXPLANATION
24
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
25
the
explanation’s
substance
by
the
members
of
the
general
assembly.
26
This
bill
amends
Iowa
administrative
code
references
for
27
the
purposes
of
the
issuance
of
citations
and
assessment
of
28
fines
by
the
department
of
inspections
and
appeals
(DIA)
for
29
deficient
practices
of
a
health
care
facility.
30
The
bill
provides
that
if
a
facility
self-identifies
a
31
deficient
practice
prior
to
an
on-site
visit
inspection,
there
32
has
been
no
complaint
filed
with
DIA
related
to
that
specific
33
deficient
practice,
and
the
facility
corrects
such
practice
34
prior
to
an
inspection,
no
citation
shall
be
issued
or
fine
35
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assessed
except
for
those
penalties
arising
pursuant
to
certain
1
specified
Code
or
administrative
code
provisions.
2
The
bill
amends
the
current
listing
of
Code
and
3
administrative
code
section
reference
with
successor
provision
4
references
relating
to
employee
criminal
record
checks,
child
5
abuse
checks,
and
dependent
adult
abuse
checks
in
residential
6
care
facilities
(481
IAC
57.11(3));
orders
for
medications
7
and
treatments
in
residential
care
facilities
(481
IAC
8
57.11(7));
notification
of
the
primary
care
provider
of
any
9
accident,
injury,
or
adverse
change
in
a
resident’s
condition
10
necessitating
physician
intervention
in
residential
care
11
facilities
(481
IAC
57.16(3));
resident
abuse
in
residential
12
care
facilities
(481
IAC
57.32);
fire
safety
in
residential
13
care
facilities
(481
IAC
57.34(1));
employee
criminal
record
14
checks,
child
abuse
checks
and
dependent
adult
abuse
checks
15
for
specialty
residential
care
facilities
(481
IAC
63.8(3));
16
resident
abuse
in
specialty
residential
care
facilities
17
(481
IAC
63.27);
fire
safety
in
specialty
residential
care
18
facilities
(481
IAC
63.29(1));
separation
of
accused
abusers
19
and
victims
of
dependent
adult
abuse
in
intermediate
care
20
facilities
for
the
intellectually
disabled
(481
IAC
64.33(2));
21
and
residents’
rights
relating
to
allegations
and
reports
of
22
dependent
adult
abuse
in
intermediate
care
facilities
for
23
persons
with
mental
illness
(481
IAC
65.25(3)
and
(4)).
24
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