Bill Text: IA HF2405 | 2019-2020 | 88th General Assembly | Introduced


Bill Title: A bill for an act relating to the information to be provided by a health care provider as part of a referral of a patient to an ambulatory surgical center, and providing penalties. (Formerly HF 2122.)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2020-02-17 - Introduced, placed on calendar. H.J. 283. [HF2405 Detail]

Download: Iowa-2019-HF2405-Introduced.html
House File 2405 - Introduced HOUSE FILE 2405 BY COMMITTEE ON HUMAN RESOURCES (SUCCESSOR TO HF 2122) A BILL FOR An Act relating to the information to be provided by a health 1 care provider as part of a referral of a patient to an 2 ambulatory surgical center, and providing penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5572HV (2) 88 pf/rh
H.F. 2405 Section 1. NEW SECTION . 147.163 Provision of information —— 1 referral to ambulatory surgical center —— licensee discipline. 2 1. A health care provider who determines that a patient 3 is a candidate for outpatient surgery, based on the patient’s 4 medical status and surgical service needs, and refers the 5 patient to an ambulatory surgical center as an option for the 6 surgery, shall provide the patient with a written document 7 listing the factors the patient should consider to make a fully 8 informed decision about the recommended course of care. The 9 considerations shall include all of the following: 10 a. The differences in ownership; licensure, certification, 11 or accreditation; and payment alternatives between the 12 ambulatory surgical center and a hospital. 13 b. The types of medical personnel generally involved in the 14 patient’s surgical service and the capacity of the ambulatory 15 surgical center and a hospital to comply with the personnel 16 requirements. 17 c. The capacity of the ambulatory surgical center and a 18 hospital to respond to medical complications and emergencies 19 that may arise from the surgical service. 20 d. The proximity of the ambulatory surgical center to a 21 hospital and the protocols in place for transfer of a patient 22 from the ambulatory surgical center to the hospital for 23 emergency care. 24 e. The type of anesthesia generally used for the patient’s 25 surgical service and the capacity of the ambulatory surgical 26 center and a hospital to comply with requirements relative to 27 the use of anesthesia. 28 2. For the purposes of this section: 29 a. “Ambulatory surgical center” means a distinct facility 30 that operates exclusively for the purpose of providing surgical 31 services to patients not requiring hospitalization and in which 32 the expected duration of services does not exceed twenty-four 33 hours following an admission. “Ambulatory surgical center” 34 includes a facility that otherwise meets the definition of 35 -1- LSB 5572HV (2) 88 pf/rh 1/ 2
H.F. 2405 ambulatory surgical center whether or not licensed, certified, 1 or accredited as an ambulatory surgical center and which may 2 or may not operate on a partially cash-only or completely 3 cash-only basis. “Ambulatory surgical center” does not include 4 individual or group practice offices of private physicians 5 or podiatrists that do not contain a distinct area used for 6 outpatient surgical treatment on a regular basis, or that 7 only provide surgery routinely provided in a physician’s 8 or podiatrist’s office using local anesthesia or conscious 9 sedation; individual or group practice offices of private 10 dentists; or a portion of a licensed hospital designated for 11 outpatient surgical treatment. 12 b. “Health care provider” means a person who is licensed, 13 certified, or otherwise authorized or permitted by the laws of 14 this state to administer health care in the ordinary course of 15 business or in the practice of a profession. 16 c. “Hospital” means the same as defined in section 135B.1. 17 3. A health care provider who violates this section is 18 subject to licensee discipline by the appropriate licensing or 19 disciplinary authority. 20 EXPLANATION 21 The inclusion of this explanation does not constitute agreement with 22 the explanation’s substance by the members of the general assembly. 23 This bill requires a health care provider who determines 24 that a patient is a candidate for outpatient surgery, based 25 on the patient’s medical status and surgical service needs, 26 and refers the patient to an ambulatory surgical center as an 27 option for the surgery, to provide the patient with a written 28 document listing the factors the patient should consider to 29 make a fully informed decision about the recommended course of 30 care. The bill specifies the considerations to be included in 31 the written document and provides definitions of “ambulatory 32 surgical center”, “health care provider”, and “hospital” for 33 the purposes of the bill. A health care provider who violates 34 the bill is subject to licensee discipline. 35 -2- LSB 5572HV (2) 88 pf/rh 2/ 2
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