Bill Text: IA SF2168 | 2021-2022 | 89th General Assembly | Introduced


Bill Title: A bill for an act relating to violations by a health care facility.(Formerly SSB 3043.)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2022-04-06 - Withdrawn. S.J. 717. [SF2168 Detail]

Download: Iowa-2021-SF2168-Introduced.html
Senate File 2168 - Introduced SENATE FILE 2168 BY COMMITTEE ON HUMAN RESOURCES (SUCCESSOR TO SSB 3043) 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 TLSB 5166SV (1) 89 pf/rh
S.F. 2168 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 -1- LSB 5166SV (1) 89 pf/rh 1/ 2
S.F. 2168 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 -2- LSB 5166SV (1) 89 pf/rh 2/ 2
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