Bill Text: IA HF2324 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to ambulatory surgical centers.(Formerly HSB 589.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2024-02-27 - Withdrawn. H.J. 428. [HF2324 Detail]
Download: Iowa-2023-HF2324-Introduced.html
House
File
2324
-
Introduced
HOUSE
FILE
2324
BY
COMMITTEE
ON
HEALTH
AND
HUMAN
SERVICES
(SUCCESSOR
TO
HSB
589)
A
BILL
FOR
An
Act
relating
to
ambulatory
surgical
centers.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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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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2324
Medicaid
services
of
the
United
States
department
of
health
and
1
human
services.
2
Sec.
4.
Section
135R.4,
subsection
1,
Code
2024,
is
amended
3
to
read
as
follows:
4
1.
The
department,
with
the
advice
and
approval
of
the
5
council
on
health
and
human
services,
shall
adopt
rules
6
specifying
the
standards
for
ambulatory
surgical
centers
to
be
7
licensed
under
this
chapter
.
The
rules
shall
be
consistent
8
with
and
shall
not
exceed
the
requirements
of
this
chapter
and
9
the
conditions
for
coverage
in
the
federal
Medicare
program
10
for
ambulatory
surgical
centers
under
42
C.F.R.
pt.
416
,
11
or
an
accreditation
standard
for
the
joint
commission,
the
12
American
association
for
accreditation
of
ambulatory
surgical
13
facilities,
the
accreditation
association
for
ambulatory
health
14
care,
or
an
accrediting
organization
with
deeming
authority
15
authorized
by
the
centers
for
Medicare
and
Medicaid
services
of
16
the
United
States
department
of
health
and
human
services
.
17
Sec.
5.
Section
135R.5,
subsection
2,
Code
2024,
is
amended
18
to
read
as
follows:
19
2.
The
department
shall
recognize,
in
lieu
of
its
own
20
licensure
inspection,
the
comparable
inspection
and
inspection
21
findings
of
a
Medicare
conditions
for
coverage
survey
completed
22
by
the
department
or
an
accrediting
organization
survey
from
an
23
accrediting
organization
with
deeming
authority
authorized
by
24
the
centers
for
Medicare
and
Medicaid
services
of
the
United
25
States
department
of
health
and
human
services.
An
ambulatory
26
surgical
center
utilizing
an
accrediting
organization
survey
27
to
satisfy
the
requirements
of
this
section
shall
submit
an
28
accreditation
certificate
to
the
department
within
thirty
days
29
of
completion
of
each
accrediting
organization
survey.
30
EXPLANATION
31
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
32
the
explanation’s
substance
by
the
members
of
the
general
assembly.
33
This
bill
relates
to
ambulatory
surgical
centers
(ASCs).
34
The
bill
defines
“ambulatory
surgical
center”
differently
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for
the
purposes
of
Code
chapter
10A
(department
of
1
inspections,
appeals,
and
licensing)
relative
to
the
health
2
facilities
council
and
certificate
of
need
as
compared
with
3
Code
chapter
135R
(ambulatory
surgical
centers).
Under
Code
4
section
10A.711,
“ambulatory
surgical
center”
does
not
include
5
the
individual
or
group
practice
office
of
a
private
physician,
6
podiatrist,
or
dentist
who
there
engages
in
the
lawful
practice
7
of
surgery,
or
the
portion
of
a
licensed
hospital
designated
8
for
outpatient
surgical
treatment.
Under
Code
section
135R.1,
9
“ambulatory
surgical
center”
does
not
include
the
individual
or
10
group
practice
office
of
a
private
physician,
podiatrist,
or
11
dentist
who
there
engages
in
the
lawful
practice
of
surgery,
12
not
including
cosmetic,
reconstructive,
or
plastic
surgery,
or
13
the
portion
of
a
licensed
hospital
designated
for
outpatient
14
surgical
treatment.
15
The
bill
also
exempts
from
the
applicability
of
certificate
16
of
need
requirements,
cosmetic,
reconstructive,
or
plastic
17
surgery
services
provided
in
an
ambulatory
surgical
center
as
18
defined
in
Code
section
135R.1,
and
as
licensed
pursuant
to
19
Code
chapter
135R.
20
The
bill
amends
Code
section
135R.3(1)
and
Code
section
21
135R.4(1)
to
provide
that
the
application
requirements
for
an
22
ASC
license
and
the
rules
adopted
specifying
standards
for
an
23
ASC
shall
not
exceed,
as
applicable,
either
the
requirements
24
for
applications
or
the
conditions
for
coverage
required
25
by
Medicare,
or
an
accreditation
standard
for
the
joint
26
commission,
the
American
association
for
accreditation
of
27
ambulatory
surgical
facilities,
the
accreditation
association
28
for
ambulatory
health
care,
or
an
accrediting
organization
with
29
deeming
authority
authorized
by
the
centers
for
Medicare
and
30
Medicaid
services
(CMS)
of
the
United
States
department
of
31
health
and
human
services.
32
Code
section
135R.5(2)
provides
that
the
department
of
33
inspections,
appeals,
and
licensing
(DIAL)
shall
recognize,
in
34
lieu
of
its
own
licensure
inspection,
the
comparable
inspection
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and
inspections
findings
of
a
Medicare
conditions
survey
1
completed
by
DIAL
or
an
accrediting
organization
with
deeming
2
authority
authorized
by
CMS.
The
bill
provides
instead
that
3
DIAL
shall
recognize
the
comparable
inspection
and
inspections
4
findings
of
a
Medicare
conditions
survey
completed
by
DIAL
5
or
an
accrediting
organization
survey
from
an
accrediting
6
organization
with
deeming
authority
authorized
by
CMS.
An
ASC
7
utilizing
an
accrediting
organization
survey
as
specified
shall
8
submit
an
accreditation
certificate
to
DIAL
within
30
days
of
9
completion
of
each
accrediting
organization
survey.
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