Bill Text: IA SSB3096 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to ambulatory surgical centers.(See SF 2160.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2024-01-30 - Committee report approving bill, renumbered as []. [SSB3096 Detail]
Download: Iowa-2023-SSB3096-Introduced.html
Senate
Study
Bill
3096
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
HEALTH
AND
HUMAN
SERVICES
BILL
BY
CHAIRPERSON
EDLER)
A
BILL
FOR
An
Act
relating
to
ambulatory
surgical
centers.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
10A.711,
subsection
2,
Code
2024,
is
1
amended
to
read
as
follows:
2
2.
“Ambulatory
surgical
center”
means
ambulatory
surgical
3
center
as
defined
in
section
135R.1
a
distinct
facility
that
4
operates
primarily
for
the
purpose
of
providing
surgical
5
services
to
patients
not
requiring
hospitalization
and
in
which
6
the
expected
duration
of
services
does
not
exceed
twenty-four
7
hours
following
an
admission
.
“Ambulatory
surgical
center”
8
includes
a
facility
certified
or
seeking
certification
as
an
9
ambulatory
surgical
center
under
the
federal
Medicare
program
10
or
under
the
medical
assistance
program
established
pursuant
11
to
chapter
249A.
“Ambulatory
surgical
center”
does
not
include
12
the
individual
or
group
practice
office
of
a
private
physician,
13
podiatrist,
or
dentist
who
there
engages
in
the
lawful
practice
14
of
surgery,
or
the
portion
of
a
licensed
hospital
designated
15
for
outpatient
surgical
treatment.
16
Sec.
2.
Section
10A.713,
subsection
2,
Code
2024,
is
amended
17
by
adding
the
following
new
paragraph:
18
NEW
PARAGRAPH
.
q.
Cosmetic,
reconstructive,
or
plastic
19
surgery
services
provided
in
an
ambulatory
surgical
center
20
licensed
under
chapter
135R.
21
Sec.
3.
Section
135R.3,
subsection
1,
Code
2024,
is
amended
22
to
read
as
follows:
23
1.
An
applicant
for
an
ambulatory
surgical
center
license
24
shall
submit
an
application
to
the
department.
Applications
25
shall
be
upon
such
forms
and
shall
include
such
information
26
as
the
department
may
reasonably
require,
which
may
include
27
affirmative
evidence
of
the
ability
to
comply
with
reasonable
28
rules
and
standards
prescribed
under
this
chapter
but
which
29
shall
not
exceed
either
the
requirements
for
applications
30
required
by
Medicare
,
or
an
accreditation
standard
for
the
31
joint
commission,
the
American
association
for
accreditation
of
32
ambulatory
surgical
facilities,
the
accreditation
association
33
for
ambulatory
health
care,
or
an
accrediting
organization
with
34
deeming
authority
authorized
by
the
centers
for
Medicare
and
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Medicaid
services
of
the
United
States
department
of
health
and
1
human
services.
2
Sec.
4.
Section
135R.5,
subsection
2,
Code
2024,
is
amended
3
to
read
as
follows:
4
2.
The
department
shall
recognize,
in
lieu
of
its
own
5
licensure
inspection,
the
comparable
inspection
and
inspection
6
findings
of
a
Medicare
conditions
for
coverage
survey
completed
7
by
the
department
or
an
accrediting
organization
survey
from
an
8
accrediting
organization
with
deeming
authority
authorized
by
9
the
centers
for
Medicare
and
Medicaid
services
of
the
United
10
States
department
of
health
and
human
services.
An
ambulatory
11
surgical
center
utilizing
an
accrediting
organization
survey
12
to
satisfy
the
requirements
of
this
section
shall
submit
an
13
accreditation
certificate
to
the
department
within
thirty
days
14
of
completion
of
each
accrediting
organization
survey.
15
EXPLANATION
16
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
17
the
explanation’s
substance
by
the
members
of
the
general
assembly.
18
This
bill
relates
to
ambulatory
surgical
centers
(ASCs).
19
The
bill
defines
“ambulatory
surgical
center”
differently
20
for
the
purposes
of
Code
chapter
10A
(department
of
21
inspections,
appeals,
and
licensing)
relative
to
the
health
22
facilities
council
and
certificate
of
need
as
compared
with
23
Code
chapter
135R
(ambulatory
surgical
centers).
Under
Code
24
section
10A.711,
“ambulatory
surgical
center”
does
not
include
25
the
individual
or
group
practice
office
of
a
private
physician,
26
podiatrist,
or
dentist
who
there
engages
in
the
lawful
practice
27
of
surgery,
or
the
portion
of
a
licensed
hospital
designated
28
for
outpatient
surgical
treatment.
Under
Code
section
135R.1,
29
“ambulatory
surgical
center”
does
not
include
the
individual
or
30
group
practice
office
of
a
private
physician,
podiatrist,
or
31
dentist
who
there
engages
in
the
lawful
practice
of
surgery,
32
not
including
cosmetic,
reconstructive,
or
plastic
surgery,
or
33
the
portion
of
a
licensed
hospital
designated
for
outpatient
34
surgical
treatment.
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The
bill
also
exempts
from
the
applicability
of
certificate
1
of
need
requirements,
cosmetic,
reconstructive,
or
plastic
2
surgery
services
provided
in
an
ambulatory
surgical
center
as
3
defined
in
Code
section
135R.1,
and
as
licensed
pursuant
to
4
Code
chapter
135R.
5
The
bill
amends
Code
section
135R.3(1)
to
provide
that
the
6
application
requirements
for
an
ASC
license
shall
not
exceed
7
either
the
requirements
for
applications
required
by
Medicare,
8
or
an
accreditation
standard
for
the
joint
commission,
the
9
American
association
for
accreditation
of
ambulatory
surgical
10
facilities,
the
accreditation
association
for
ambulatory
health
11
care,
or
an
accrediting
organization
with
deeming
authority
12
authorized
by
the
centers
for
Medicare
and
Medicaid
services
13
(CMS)
of
the
United
States
department
of
health
and
human
14
services.
15
Code
section
135R.5(2)
provides
that
the
department
of
16
inspections,
appeals,
and
licensing
(DIAL)
shall
recognize,
in
17
lieu
of
its
own
licensure
inspection,
the
comparable
inspection
18
and
inspections
findings
of
a
Medicare
conditions
survey
19
completed
by
DIAL
or
an
accrediting
organization
with
deeming
20
authority
authorized
by
CMS.
The
bill
provides
instead
that
21
DIAL
shall
recognize
the
comparable
inspection
and
inspections
22
findings
of
a
Medicare
conditions
survey
completed
by
DIAL
23
or
an
accrediting
organization
survey
from
an
accrediting
24
organization
with
deeming
authority
authorized
by
CMS.
An
ASC
25
utilizing
an
accrediting
organization
survey
as
specified
shall
26
submit
an
accreditation
certificate
to
DIAL
within
30
days
of
27
completion
of
each
accrediting
organization
survey.
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