Bill Text: IA HF2273 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act relating to the licensure of ambulatory surgical centers, providing fees and penalties, and including effective date provisions. (Formerly HSB 521)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2012-02-27 - Subcommittee, Vander Linden, Helland, and Thomas. H.J. 338. [HF2273 Detail]
Download: Iowa-2011-HF2273-Introduced.html
House
File
2273
-
Introduced
HOUSE
FILE
2273
BY
COMMITTEE
ON
STATE
GOVERNMENT
(SUCCESSOR
TO
HSB
521)
A
BILL
FOR
An
Act
relating
to
the
licensure
of
ambulatory
surgical
1
centers,
providing
fees
and
penalties,
and
including
2
effective
date
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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2273
Section
1.
NEW
SECTION
.
135P.1
Definitions.
1
1.
“Ambulatory
surgical
center”
means
a
facility
which
as
2
its
primary
function
provides,
through
an
organized
medical
3
staff
and
on
an
outpatient
basis
to
patients
who
are
generally
4
ambulatory,
surgical
procedures
not
ordinarily
performed
in
a
5
private
physician’s
office,
but
not
requiring
twenty-four-hour
6
hospitalization,
and
which
is
neither
a
part
of
a
hospital
nor
7
the
private
office
of
a
health
care
provider
who
there
engages
8
in
the
lawful
practice
of
surgery.
“Ambulatory
surgical
9
center”
includes
a
facility
certified
or
seeking
certification
10
as
an
ambulatory
surgical
center
under
the
federal
Medicare
11
program
or
under
the
medical
assistance
program
established
12
pursuant
to
chapter
249A.
13
2.
“Department”
means
the
department
of
inspections
and
14
appeals.
15
3.
“Governmental
unit”
means
the
state,
or
any
county,
16
municipality,
or
other
political
subdivision,
or
any
17
department,
division,
board,
or
other
agency
of
any
of
the
18
foregoing.
19
Sec.
2.
NEW
SECTION
.
135P.2
Purpose.
20
The
purpose
of
this
chapter
is
to
protect
the
public
21
health,
safety,
and
welfare
by
providing
for
the
development,
22
establishment,
and
enforcement
of
basic
standards
for
the
23
operation,
construction,
and
maintenance
of
ambulatory
surgical
24
centers.
25
Sec.
3.
NEW
SECTION
.
135P.3
Licensure.
26
No
person
or
governmental
unit,
acting
severally
or
jointly
27
with
any
other
person
or
governmental
unit,
shall
establish,
28
operate,
or
maintain
an
ambulatory
surgical
center
in
this
29
state
without
obtaining
a
license
as
provided
under
this
30
chapter.
31
Sec.
4.
NEW
SECTION
.
135P.4
Application
for
license
——
fee.
32
An
ambulatory
surgical
center
license
shall
be
obtained
from
33
the
department.
Applications
for
a
license
shall
be
upon
such
34
forms
and
shall
include
such
information
as
the
department
may
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reasonably
require,
which
may
include
affirmative
evidence
1
of
compliance
with
this
chapter,
other
statutes,
and
rules
2
as
may
be
applicable.
Each
application
for
license
shall
be
3
accompanied
by
the
required
license
fee
which
shall
be
credited
4
to
the
general
fund
of
the
state.
The
initial
and
annual
5
license
fee
shall
be
five
hundred
dollars.
6
Sec.
5.
NEW
SECTION
.
135P.5
Issuance
and
renewal
of
7
license.
8
1.
Upon
receipt
of
an
application
for
license
and
the
9
license
fee,
the
department
shall
issue
a
license
if
the
10
applicant
and
the
ambulatory
surgical
center
comply
with
this
11
chapter
and
the
rules
of
the
department.
The
department
shall
12
renew
a
license
upon
payment
of
the
five
hundred
dollar
annual
13
license
fee
and
filing
of
an
application
form
available
from
14
the
department.
15
2.
A
license
shall
be
either
general
or
restricted
in
form.
16
A
license
shall
be
issued
only
for
the
premises
and
persons
17
or
governmental
units
named
in
the
application
and
is
not
18
transferable
or
assignable
except
with
the
written
approval
of
19
the
department.
A
license
shall
be
posted
in
a
conspicuous
20
place
on
the
licensed
premises
as
prescribed
by
rule
of
the
21
department.
22
Sec.
6.
NEW
SECTION
.
135P.6
Denial,
suspension,
or
23
revocation
of
license
——
hearings
and
review.
24
1.
The
department
may
deny,
suspend,
or
revoke
a
license
25
in
any
case
where
it
finds
that
there
has
been
a
substantial
26
failure
to
comply
with
this
chapter
or
the
rules
or
minimum
27
standards
adopted
pursuant
to
this
chapter.
28
2.
The
procedure
governing
notice
and
hearing
to
deny
29
an
application
or
suspend
or
revoke
a
license
shall
be
in
30
accordance
with
the
rules
adopted
by
the
department.
A
full
31
and
complete
record
shall
be
kept
of
the
proceedings
and
of
32
any
testimony.
The
record
of
any
proceeding
pursuant
to
this
33
section
need
not
be
transcribed
unless
judicial
review
is
34
sought.
A
copy
or
copies
of
the
transcript
may
be
obtained
by
35
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2273
an
interested
party
on
payment
of
the
cost
of
preparing
the
1
copy
or
copies.
2
Sec.
7.
NEW
SECTION
.
135P.7
Rules.
3
1.
The
department
shall
adopt
rules
setting
out
the
4
standards
for
ambulatory
surgical
centers
to
be
licensed
under
5
this
chapter.
The
rules
shall
be
consistent
with
and
not
6
exceed
the
requirements
of
this
chapter
and
the
conditions
7
for
coverage
in
the
federal
Medicare
program
for
ambulatory
8
surgical
centers
under
42
C.F.R.
pt.
416.
9
2.
The
department
shall
adopt
rules
to
govern
the
notice
10
and
hearing
procedure
when
a
license
is
denied,
suspended,
or
11
revoked.
12
3.
The
rules
shall
require
ambulatory
surgical
centers
13
to
report
ambulatory
data
to
the
department
of
public
health
14
or
the
designated
intermediary
for
the
purpose
of
public
15
dissemination
of
health
data
as
initially
authorized
in
1996
16
Iowa
Acts,
chapter
1212,
section
5,
subsection
1,
paragraph
“a”
,
17
subparagraph
(4).
18
4.
An
ambulatory
surgical
center
which
is
in
operation
at
19
the
time
of
promulgation
of
any
applicable
rules
or
minimum
20
standards
under
this
chapter
shall
be
given
a
reasonable
time,
21
not
to
exceed
one
year
from
the
date
of
promulgation,
within
22
which
to
comply
with
such
rules
and
minimum
standards.
23
5.
The
department
shall
enforce
the
rules.
24
Sec.
8.
NEW
SECTION
.
135P.8
Inspections.
25
1.
The
department
shall
make
or
cause
to
be
made
inspections
26
or
complaint
investigations
of
ambulatory
surgical
centers
as
27
the
department
deems
necessary
in
order
to
determine
compliance
28
with
this
chapter
and
applicable
rules.
29
2.
The
department
shall
recognize,
in
lieu
of
its
own
30
licensure
inspection,
the
comparable
inspection
and
inspection
31
findings
of
a
Medicare
conditions
for
coverage
survey.
32
3.
A
department
inspector
shall
not
participate
in
an
33
inspection
or
complaint
investigation
of
an
ambulatory
surgical
34
center
in
which
the
inspector
or
a
member
of
the
inspector’s
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immediate
family
works
or
has
worked
within
the
last
two
years
1
or
in
which
the
inspector
or
the
inspector’s
immediate
family
2
has
a
financial
ownership
interest.
For
the
purposes
of
this
3
section,
“immediate
family
member”
means
a
spouse,
natural
or
4
adoptive
parent
or
grandparent,
child,
grandchild,
sibling,
5
stepparent,
stepchild,
or
stepsibling.
6
Sec.
9.
NEW
SECTION
.
135P.9
Employee
background
checks.
7
1.
An
ambulatory
surgical
center
shall
comply
with
child
or
8
dependent
adult
abuse
information
and
criminal
record
checks
9
and
evaluations
in
the
same
manner
as
provided
in
section
10
135B.34.
11
2.
An
ambulatory
surgical
center
licensed
in
this
state
12
may
access
the
single
contact
repository
established
by
the
13
department
pursuant
to
section
135C.33
as
necessary
for
the
14
ambulatory
surgical
center
to
perform
record
checks
of
persons
15
employed
or
being
considered
for
employment
by
the
ambulatory
16
surgical
center.
17
Sec.
10.
NEW
SECTION
.
135P.10
Confidentiality.
18
The
department’s
final
inspection
or
investigation
findings
19
or
the
final
survey
findings
of
an
accrediting
body,
authorized
20
by
the
department
in
rule,
with
respect
to
compliance
by
an
21
ambulatory
surgical
center
with
requirements
for
licensing
22
or
accreditation
shall
be
made
available
to
the
public
in
a
23
readily
available
form
and
place.
Other
information
relating
24
to
an
ambulatory
surgical
center
obtained
by
the
department
25
which
does
not
constitute
the
department’s
findings
from
an
26
inspection
or
investigation
of
the
ambulatory
surgical
center
27
or
the
final
survey
findings
of
the
accrediting
body
shall
28
not
be
made
available
to
the
public,
except
in
proceedings
29
involving
the
denial,
suspension,
or
revocation
of
a
license
30
under
this
chapter.
The
name
of
a
person
who
files
a
complaint
31
with
the
department
shall
remain
confidential
and
shall
not
32
be
subject
to
discovery,
subpoena,
or
other
means
of
legal
33
compulsion
for
its
release
to
a
person
other
than
department
34
employees
or
agents
involved
in
the
investigation
of
the
35
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complaint.
1
Sec.
11.
NEW
SECTION
.
135P.11
Judicial
review.
2
Judicial
review
of
an
action
of
the
department
may
be
sought
3
in
accordance
with
chapter
17A.
Notwithstanding
the
provisions
4
of
chapter
17A,
petitions
for
judicial
review
may
be
filed
5
in
the
district
court
of
the
county
in
which
the
ambulatory
6
surgical
center
is
located
or
to
be
located
and
the
status
quo
7
of
the
petitioner
or
licensee
shall
be
preserved
pending
final
8
disposition
of
the
judicial
review
matter.
9
Sec.
12.
NEW
SECTION
.
135P.12
Penalty.
10
Any
person
establishing,
conducting,
managing,
or
operating
11
any
ambulatory
surgical
center
without
a
license
commits
a
12
serious
misdemeanor,
and
each
day
of
continuing
violation
after
13
conviction
shall
be
considered
a
separate
offense.
14
Sec.
13.
NEW
SECTION
.
135P.13
Injunction.
15
Notwithstanding
the
existence
or
pursuit
of
any
other
16
remedy,
the
department
may,
in
the
manner
provided
by
law,
17
maintain
an
action
in
the
name
of
the
state
for
injunction
18
or
other
process
against
any
person
or
governmental
unit
to
19
restrain
or
prevent
the
establishment,
conduct,
management,
or
20
operation
of
an
ambulatory
surgical
center
without
a
license.
21
Sec.
14.
WORKGROUP
ESTABLISHED
——
RULES.
The
department
22
of
public
health
shall
convene
a
workgroup
with
stakeholders
23
and
a
designated
intermediary
to
determine
which
fields
of
24
information
will
be
utilized
in
the
data
reporting
requirement
25
pursuant
to
chapter
135P
as
enacted
in
this
Act.
Any
rules
26
adopted
by
the
department
of
public
health
regarding
the
27
data
reporting
requirements
pursuant
to
section
135P.7,
as
28
enacted
in
this
Act,
shall
reflect
the
recommendations
of
the
29
workgroup.
30
Sec.
15.
EFFECTIVE
DATE.
This
Act
takes
effect
July
1,
31
2013.
32
EXPLANATION
33
This
bill
relates
to
ambulatory
surgical
centers.
The
34
bill
defines
“ambulatory
surgical
center”
as
a
facility
which
35
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primarily
provides
surgical
outpatient
procedures
that
are
not
1
ordinarily
performed
in
a
private
physician’s
office
but
do
2
not
require
24-hour
hospitalization.
The
bill
provides
that
3
an
“ambulatory
surgical
center”
includes
a
facility
that
is
4
certified
or
is
seeking
certification
as
an
ambulatory
surgical
5
center
under
the
federal
Medicare
program
or
under
the
medical
6
assistance
program
established
pursuant
to
Code
chapter
249A.
7
The
bill
states
the
purpose
of
new
Code
chapter
135P
is
to
8
protect
public
health,
safety,
and
welfare
by
providing
basic
9
standards
for
operating,
constructing,
and
maintaining
an
10
ambulatory
surgical
center.
11
The
bill
requires
that
any
person
or
governmental
unit
12
acting
separately
or
together
that
establishes,
conducts,
or
13
maintains
an
ambulatory
surgical
center
must
have
a
license
as
14
provided
under
the
Code
chapter.
The
person
or
governmental
15
unit
shall
obtain
a
license
from
the
department
of
inspections
16
and
appeals
(DIA).
The
application
shall
include
information
17
that
the
DIA
may
reasonably
require
including
affirmative
18
evidence
of
compliance
with
new
Code
chapter
135P,
other
19
statutes,
and
rules.
An
application
must
be
accompanied
by
the
20
required
initial
license
fee
of
$500.
An
annual
license
fee
is
21
also
$500.
The
license
fees
are
to
be
credited
to
the
state’s
22
general
fund.
The
bill
also
provides
that
the
DIA
shall
issue
23
a
license
upon
receiving
an
application
if
the
applicant
24
and
the
ambulatory
surgical
center
comply
with
Code
chapter
25
135P
and
the
rules
of
the
department.
A
licensee
receives
26
reapproval
upon
payment
of
the
$500
license
fee
and
filing
27
an
application
form
available
from
the
DIA.
Licenses
are
28
general
or
restricted
in
form.
A
license
will
be
issued
only
29
for
a
premises
and
persons
or
governmental
units
named
in
the
30
application
and
the
license
is
not
transferable
or
assignable
31
without
written
approval
of
the
DIA.
The
bill
requires
that
32
a
license
be
posted
in
a
conspicuous
place
on
the
licensed
33
premises
as
prescribed
by
department
rules.
34
The
bill
states
that
the
DIA
may
deny,
suspend,
or
revoke
a
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2273
license
when
it
finds
the
licensee
or
applicant
substantially
1
failed
to
comply
with
Code
chapter
135P
or
rules
or
minimum
2
standards
adopted
pursuant
to
the
Code
chapter.
The
bill
3
states
that
the
DIA
rules
will
govern
the
procedure
for
notice
4
and
hearing
to
deny
an
application
for
a
license
or
to
revoke
5
or
suspend
a
license.
The
bill
states
a
full
and
complete
6
record
of
the
proceedings
shall
be
kept,
but
the
record
does
7
not
need
to
be
transcribed
unless
judicial
review
is
sought.
A
8
transcript
of
the
proceeding
may
be
obtained
by
an
interested
9
party
on
payment
of
the
cost
of
preparing
the
copy
or
copies.
10
The
bill
provides
that
the
DIA
shall
adopt
rules
setting
11
the
standards
for
an
ambulatory
surgical
center
to
be
licensed
12
under
the
Code
chapter.
The
rules
must
be
consistent
with
13
and
cannot
exceed
the
requirements
of
Code
chapter
135P
or
14
the
federal
requirements
for
conditions
of
participation
in
15
the
federal
Medicare
program
for
ambulatory
surgical
centers
16
under
42
C.F.R.
pt.
416.
The
DIA
must
also
establish,
by
17
rule,
the
notice
and
hearing
procedure
if
a
license
is
denied,
18
revoked,
or
suspended.
The
DIA
must
also
enforce
the
rules.
19
The
rules
established
by
the
DIA
shall
require
ambulatory
20
surgical
centers
to
report
ambulatory
data
to
the
department
of
21
public
health
or
the
designated
intermediary
for
purposes
of
22
public
health
dissemination
of
health
data.
The
bill
states
23
that
an
ambulatory
surgical
center
in
operation
at
the
time
24
of
promulgation
of
applicable
rules
or
standards
under
Code
25
chapter
135P
shall
be
given
a
reasonable
time,
not
to
exceed
26
one
year,
to
comply
with
the
rules
and
minimum
standards.
27
The
bill
provides
for
inspections
of
ambulatory
surgical
28
centers.
The
bill
requires
the
DIA
to
make,
or
cause
to
be
29
made,
inspections
or
complaint
investigations
as
the
DIA
deems
30
necessary
to
determine
compliance
with
Code
chapter
135P
and
31
the
applicable
rules.
The
DIA
must
recognize
the
comparable
32
inspection
and
findings
of
a
Medicare
conditions
for
coverage
33
survey
in
lieu
of
the
DIA’s
own
licensure
inspection.
34
The
DIA
inspectors
must
not
participate
in
an
inspection
or
35
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complaint
investigation
of
an
ambulatory
surgical
center
if
the
1
inspector
or
a
member
of
the
inspector’s
immediate
family
works
2
or
has
worked
at
the
ambulatory
surgical
center
within
the
last
3
two
years.
A
DIA
inspector
also
must
not
participate
in
an
4
inspection
or
complaint
investigation
of
an
ambulatory
surgical
5
center
in
which
the
inspector
or
the
inspector’s
immediate
6
family
has
a
financial
or
ownership
interest.
7
The
bill
provides
that
an
ambulatory
surgical
center
shall
8
comply
with
abuse
and
criminal
background
checks
in
the
same
9
manner
as
provided
in
Code
section
135B.34.
The
bill
also
10
states
that
a
licensed
ambulatory
surgical
center
is
allowed
to
11
access
the
single
contact
repository
as
is
necessary
to
perform
12
record
checks
of
employees
or
potential
employees.
13
The
bill
provides
for
the
confidentiality
of
the
DIA
records
14
of
ambulatory
surgical
centers.
The
bill
states
that
the
DIA’s
15
final
inspection
or
investigation
findings,
or
survey
findings
16
of
an
accredited
body
authorized
by
the
DIA
rules,
regarding
17
an
ambulatory
surgical
center’s
compliance
with
requirements
18
for
licensing
or
accreditation
must
be
made
available
to
the
19
public
in
a
readily
available
form
and
place.
The
bill
states
20
that
other
information
acquired
by
the
DIA
relating
to
an
21
ambulatory
surgical
center
shall
not
be
made
available
to
the
22
public
except
in
proceedings
involving
denial,
suspension,
23
or
revocation
of
a
license.
The
bill
also
provides
that
the
24
name
of
a
person
who
files
a
complaint
with
the
DIA
shall
25
remain
confidential
regardless
of
means
of
legal
compulsion
26
for
its
release,
other
than
the
release
of
the
name
to
the
DIA
27
employees
or
agents
involved
in
investigating
a
complaint.
28
The
bill
provides
that
judicial
review
may
be
sought
29
pursuant
to
Code
chapter
17A,
but
petitions
for
judicial
review
30
may
be
filed
in
the
district
court
of
the
county
in
which
the
31
ambulatory
surgical
center
is
located
or
is
to
be
located,
32
notwithstanding
the
terms
of
Code
chapter
17A.
The
bill
33
provides
that
the
status
quo
of
the
petitioner
or
licensee
is
34
preserved
pending
final
disposition
in
court.
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The
bill
establishes
a
penalty
for
any
person
establishing,
1
conducting,
managing,
or
operating
an
ambulatory
surgical
2
center
without
a
license.
The
person
is
guilty
of
a
serious
3
misdemeanor
and
each
day
of
the
continuing
violation
after
a
4
conviction
is
a
separate
offense.
5
The
bill
provides
that
the
DIA
may
maintain
an
action
in
6
the
name
of
the
state
for
an
injunction
or
other
process
7
against
a
person
or
governmental
unit
to
restrain
or
prevent
8
the
establishment,
conduct,
management,
or
operation
of
an
9
unlicensed
ambulatory
surgical
center.
10
The
bill
establishes
a
workgroup
to
recommend
which
11
fields
of
information
will
be
utilized
for
the
data
reporting
12
requirement
provided
in
Code
chapter
135P.
The
department
of
13
public
health
shall
convene
the
workgroup
with
stakeholders
14
and
a
designated
intermediary.
The
bill
requires
that
any
15
rules
adopted
by
the
department
of
public
health
regarding
16
the
data
reporting
requirement
shall
reflect
the
workgroup’s
17
recommendations.
18
The
bill
provides
that
the
Act
takes
effect
July
1,
2013.
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