Bill Text: IA SF275 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to the licensure of ambulatory surgical centers, providing for fees to be considered repayment receipts, and providing penalties.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-02-10 - Subcommittee: Costello, Edler, and Trone Garriott. S.J. 312. [SF275 Detail]
Download: Iowa-2021-SF275-Introduced.html
Senate
File
275
-
Introduced
SENATE
FILE
275
BY
ROZENBOOM
(COMPANION
TO
HF
117
BY
BRINK)
A
BILL
FOR
An
Act
relating
to
the
licensure
of
ambulatory
surgical
1
centers,
providing
for
fees
to
be
considered
repayment
2
receipts,
and
providing
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
NEW
SECTION
.
135Q.1
Definitions.
1
As
used
in
this
chapter,
unless
the
context
otherwise
2
requires:
3
1.
“Ambulatory
surgical
center”
means
a
distinct
facility
4
that
operates
exclusively
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
that
otherwise
meets
the
definition
of
an
9
ambulatory
surgical
center
whether
or
not
licensed,
certified,
10
or
accredited
as
an
ambulatory
surgical
center
and
which
may
11
or
may
not
operate
on
a
partially
cash-only
or
completely
12
cash-only
basis.
“Ambulatory
surgical
center”
does
not
include
13
individual
or
group
practice
offices
of
private
physicians
14
or
podiatrists
that
do
not
contain
a
distinct
area
used
for
15
outpatient
surgical
treatment
on
a
regular
basis,
or
that
16
only
provide
surgery
routinely
provided
in
a
physician’s
17
or
podiatrist’s
office
using
local
anesthesia
or
conscious
18
sedation;
individual
or
group
practice
offices
of
private
19
dentists;
or
a
portion
of
a
licensed
hospital
designated
for
20
outpatient
surgical
treatment.
21
2.
“Department”
means
the
department
of
inspections
and
22
appeals.
23
Sec.
2.
NEW
SECTION
.
135Q.2
Purpose.
24
The
purposes
of
this
chapter
is
to
protect
the
public
25
health,
safety,
and
welfare
by
providing
for
the
licensing
and
26
regulation
of
ambulatory
surgical
centers.
27
Sec.
3.
NEW
SECTION
.
135Q.3
Licenses
——
application
——
fees
28
——
expiration
and
renewal.
29
1.
A
person,
acting
severally
or
jointly
with
any
other
30
person
shall
not
establish,
operate,
or
maintain
an
ambulatory
31
surgical
center
in
this
state
without
first
meeting
the
32
requirements
and
obtaining
a
license
as
provided
in
this
33
chapter.
34
2.
a.
An
application
for
a
license
shall
be
on
a
form
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prescribed
by
the
department
and
shall
require
information
the
1
department
deems
necessary.
An
application
for
an
initial
2
license
for
an
ambulatory
surgical
center
shall
be
accompanied
3
by
a
nonrefundable
fee
of
fifty
dollars.
The
fees
collected
4
under
this
section
shall
be
considered
repayment
receipts
as
5
defined
in
section
8.2
and
shall
be
used
by
the
department
to
6
administer
this
chapter.
7
b.
The
ambulatory
surgical
center
shall
meet
the
criteria
8
adopted
by
rule
of
the
department
pursuant
to
section
135Q.5
9
before
a
license
is
issued.
The
department
is
responsible
10
to
provide
the
necessary
personnel
to
inspect
the
ambulatory
11
surgical
center
to
determine
if
the
ambulatory
surgical
center
12
complies
with
necessary
standards
before
a
license
is
issued.
13
3.
An
ambulatory
surgical
center
certified
under
the
14
Medicare
program
or
accredited
by
an
accrediting
organization
15
authorized
by
the
centers
for
Medicare
and
Medicaid
services
16
with
deeming
authority,
shall
be
licensed
without
inspection
by
17
the
department
as
provided
in
section
135Q.6.
18
4.
A
license
shall
be
issued
only
for
the
premises
and
19
persons
named
in
the
application.
20
5.
A
license
is
not
transferable
or
assignable
except
with
21
the
written
approval
of
the
department.
22
6.
A
license
shall
be
posted
in
a
conspicuous
place
on
the
23
licensed
premises
as
prescribed
by
rule
of
the
department.
24
7.
Separate
licenses
are
not
required
for
ambulatory
25
surgical
center
facilities
that
are
maintained
on
the
same
26
physical
site
and
that
have
the
same
ownership
or
control.
27
Multiple
buildings
located
on
the
same
physical
site
under
the
28
same
ownership
or
control
shall
be
considered
one
ambulatory
29
surgical
center
and
may
operate
under
one
license.
30
8.
A
license,
unless
sooner
suspended
or
revoked,
shall
31
expire
on
June
30
of
each
year
and
shall
be
renewed
annually.
32
The
department
shall
renew
a
license
upon
payment
of
a
fifty
33
dollar
annual
license
renewal
fee
and
filing
of
an
application
34
for
renewal
at
least
thirty
days
prior
to
the
expiration
of
the
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existing
license.
The
annual
licensure
fee
shall
be
considered
1
a
repayment
receipt
as
defined
in
section
8.2
and
dedicated
to
2
support
the
staffing
necessary
to
conduct
the
inspections
and
3
investigations
provided
in
section
135Q.6.
4
Sec.
4.
NEW
SECTION
.
135Q.4
Denial,
suspension,
or
5
revocation
of
license
——
hearings
and
review.
6
1.
The
department
may
deny,
suspend,
or
revoke
a
license
in
7
any
case
where
it
finds
there
has
been
a
substantial
failure
8
to
comply
with
this
chapter
or
the
rules
and
standards
adopted
9
under
this
chapter.
10
2.
The
denial,
suspension,
or
revocation
of
a
license
by
11
the
department
and
appeal
from
that
action
are
governed
by
the
12
procedures
for
a
contested
case
hearing
under
chapter
17A.
13
3.
a.
If
the
department
finds,
after
providing
notice
of
14
noncompliance
and
a
reasonable
time
for
corrective
action,
that
15
an
ambulatory
surgical
center
is
in
repeated
noncompliance
with
16
this
chapter
or
the
department’s
rules
but
that
noncompliance
17
does
not
endanger
public
health
or
safety,
the
department
may
18
issue
a
conditional
license
to
the
ambulatory
surgical
center
19
as
an
alternative
to
suspending
or
revoking
the
ambulatory
20
surgical
center’s
license.
21
b.
The
department
shall
provide
notice
of
its
intent
to
22
issue
a
conditional
license
to
the
ambulatory
surgical
center
23
and
of
the
items
of
noncompliance
not
less
than
ten
days
before
24
the
date
the
conditional
license
is
issued.
25
c.
The
department
shall
designate
a
period
of
not
more
26
than
one
year
during
which
the
ambulatory
surgical
center
may
27
operate
under
a
conditional
license.
28
d.
During
the
period
an
ambulatory
surgical
center
is
29
operating
under
a
conditional
license,
the
ambulatory
surgical
30
center
shall
correct
the
items
that
are
in
noncompliance
and
31
report
the
corrections
to
the
department
for
approval.
32
4.
The
department
may
suspend
or
revoke
the
license
of
an
33
ambulatory
surgical
center
that
does
not
correct
items
that
34
are
in
noncompliance
or
that
does
not
comply
with
this
chapter
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or
the
rules
adopted
under
this
chapter
within
the
applicable
1
period.
2
5.
The
department
may
issue
an
emergency
order
to
suspend
3
a
license
issued
under
this
chapter
if
the
department
has
4
reasonable
cause
to
believe
that
the
conduct
of
the
ambulatory
5
surgical
center
creates
an
immediate
danger
to
the
public
6
health
and
safety.
An
emergency
suspension
is
effective
7
immediately
without
a
hearing
or
notice
to
the
licensee.
On
8
written
request
of
the
licensee,
the
department
shall
conduct
9
a
hearing
not
earlier
than
the
tenth
day
or
later
than
the
10
thirtieth
day
after
the
date
the
hearing
request
is
received
11
to
determine
if
the
emergency
suspension
is
to
be
continued,
12
modified,
or
rescinded.
The
hearing
and
any
appeal
are
13
governed
by
the
department’s
rules
for
a
contested
case
hearing
14
and
chapter
17A.
15
Sec.
5.
NEW
SECTION
.
135Q.5
Rules.
16
1.
The
department,
with
the
advice
and
approval
of
the
state
17
board
of
health,
shall
adopt
rules
specifying
the
standards
18
for
ambulatory
surgical
centers
to
be
licensed
under
this
19
chapter.
The
rules
and
standards
shall
be
consistent
with
the
20
requirements
of
this
chapter
and
the
conditions
for
coverage
21
in
the
federal
Medicare
program
for
ambulatory
surgical
22
centers
under
42
C.F.R.
pt.
416
including
those
related
to
23
the
administration
of
anesthesia
and
to
a
safe
and
sanitary
24
environment
in
which
to
perform
surgical
procedures.
25
2.
The
department
shall
adopt
rules
as
the
department
deems
26
necessary
to
implement
the
provisions
of
this
chapter
relating
27
to
the
issuance,
renewal,
denial,
suspension,
and
revocation
28
of
a
license
to
establish,
operate,
and
maintain
an
ambulatory
29
surgical
center.
30
3.
An
ambulatory
surgical
center
which
is
in
operation
at
31
the
time
of
adoption
of
any
applicable
rules
or
standards
under
32
this
chapter
shall
be
given
a
reasonable
time,
not
to
exceed
33
one
year
from
the
date
of
adoption,
within
which
to
comply
with
34
such
rules
and
standards.
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Sec.
6.
NEW
SECTION
.
135Q.6
Inspections
or
investigations.
1
1.
The
department
shall
make
or
cause
to
be
made
inspections
2
or
investigations
of
ambulatory
surgical
centers
to
determine
3
compliance
with
this
chapter
and
applicable
rules
and
4
standards.
The
department
shall
perform
inspections
on
a
5
schedule
that
is
of
the
same
frequency
required
for
inspections
6
of
Medicare-certified
ambulatory
surgical
centers.
7
2.
The
department
shall
recognize,
in
lieu
of
its
own
8
licensure
inspection,
the
comparable
inspection
and
inspection
9
findings
of
a
Medicare
conditions
for
coverage
survey
completed
10
by
the
department,
or
an
accrediting
organization
authorized
by
11
the
centers
for
Medicare
and
Medicaid
services
of
the
United
12
States
department
of
health
and
human
services.
13
3.
A
department
inspector
shall
not
participate
in
an
14
inspection
or
investigation
of
an
ambulatory
surgical
center
in
15
which
the
inspector
or
a
member
of
the
inspector’s
immediate
16
family
works
or
has
worked
within
the
last
two
years
or
in
17
which
the
inspector
or
the
inspector’s
immediate
family
has
18
a
financial
ownership
interest.
For
the
purposes
of
this
19
section,
“immediate
family
member”
means
a
spouse,
natural
or
20
adoptive
parent
or
grandparent,
child,
grandchild,
sibling,
21
stepparent,
stepchild,
or
stepsibling.
22
Sec.
7.
NEW
SECTION
.
135Q.7
Ambulatory
surgical
center
23
employees
——
criminal
history
and
abuse
record
checks.
24
The
department
shall
adopt
rules
pursuant
to
chapter
17A
25
to
provide
for
the
performance
of
criminal
record
checks
and
26
founded
child
abuse
or
dependent
adult
abuse
record
checks
27
applicable
to
prospective
employees
of
an
ambulatory
surgical
28
center
in
substantial
conformance
with
the
provisions
of
29
section
135B.34
and
section
135C.33.
30
Sec.
8.
NEW
SECTION
.
135Q.8
Confidentiality.
31
The
department’s
final
findings
with
respect
to
compliance
32
by
an
ambulatory
surgical
center
with
requirements
for
33
licensing
shall
be
made
available
to
the
public
in
a
readily
34
available
form
and
place.
Other
information
relating
to
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an
ambulatory
surgical
center
obtained
by
the
department
1
which
does
not
constitute
the
department’s
findings
from
an
2
inspection
of
the
ambulatory
surgical
center
shall
not
be
made
3
available
to
the
public,
except
in
proceedings
involving
the
4
denial,
suspension,
or
revocation
of
a
license
under
this
5
chapter.
The
name
of
a
person
who
files
a
complaint
with
the
6
department
shall
remain
confidential
and
shall
not
be
subject
7
to
discovery,
subpoena,
or
other
means
of
legal
compulsion
for
8
its
release
to
a
person
other
than
department
employees
or
9
agents
involved
in
the
investigation
of
the
complaint.
10
Sec.
9.
NEW
SECTION
.
135Q.9
Injunction.
11
Notwithstanding
the
existence
or
pursuit
of
any
other
12
remedy,
the
department
may,
in
the
manner
provided
by
law,
13
maintain
an
action
in
the
name
of
the
state
for
injunction
14
or
other
process
against
any
person
to
restrain
or
prevent
15
the
establishment,
operation,
or
maintenance
of
an
ambulatory
16
surgical
center
without
a
license.
17
Sec.
10.
NEW
SECTION
.
135Q.10
Judicial
review.
18
Judicial
review
of
an
action
of
the
department
may
be
sought
19
in
accordance
with
chapter
17A.
Notwithstanding
the
provisions
20
of
chapter
17A,
petitions
for
judicial
review
may
be
filed
21
in
the
district
court
of
the
county
in
which
the
ambulatory
22
surgical
center
is
located
or
is
to
be
located
and
the
status
23
quo
of
the
petitioner
or
licensee
shall
be
preserved
pending
24
final
disposition
of
the
judicial
review
matter.
25
Sec.
11.
NEW
SECTION
.
135Q.11
Penalties.
26
Any
person
establishing,
operating,
or
maintaining
any
27
ambulatory
surgical
center
without
a
license
commits
a
serious
28
misdemeanor,
and
each
day
of
continuing
violation
after
29
conviction
shall
be
considered
a
separate
offense.
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
creates
a
new
Code
chapter
to
provide
for
the
34
licensing
and
regulation
of
ambulatory
surgical
centers.
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The
bill
defines
“ambulatory
surgical
center”
as
a
distinct
1
facility
that
operates
exclusively
for
the
purpose
of
providing
2
surgical
services
to
patients
not
requiring
hospitalization
3
and
in
which
the
expected
duration
of
services
does
not
exceed
4
24
hours
following
an
admission.
“Ambulatory
surgical
center”
5
includes
a
facility
that
otherwise
meets
the
definition
of
an
6
ambulatory
surgical
center
whether
or
not
licensed,
certified,
7
or
accredited
as
an
ambulatory
surgical
center
and
which
may
8
or
may
not
operate
on
a
partially
cash-only
or
completely
9
cash-only
basis.
“Ambulatory
surgical
center”
does
not
include
10
individual
or
group
practice
offices
of
private
physicians
11
or
podiatrists
that
do
not
contain
a
distinct
area
used
for
12
outpatient
surgical
treatment
on
a
regular
basis,
or
that
13
only
provide
surgery
routinely
provided
in
a
physician’s
14
or
podiatrist’s
office
using
local
anesthesia
or
conscious
15
sedation;
individual
or
group
practice
offices
of
dentists;
16
or
a
portion
of
a
licensed
hospital
designated
for
outpatient
17
surgical
treatment.
18
The
bill
prohibits
the
establishment,
operation,
or
19
maintenance
of
an
ambulatory
surgical
center
in
the
state
20
without
meeting
the
requirements
of
the
new
Code
chapter
and
21
obtaining
a
license.
22
The
bill
provides
for
the
application
for
licensure,
the
23
issuance
and
renewal
of
a
license,
and
the
denial,
suspension,
24
or
revocation
of
a
license,
and
the
associated
processes,
and
25
for
the
imposition
and
payment
of
associated
fees.
26
The
bill
directs
the
department
of
inspections
and
appeals
27
(DIA)
to
adopt
rules
with
the
advice
and
approval
of
the
28
state
board
of
health
to
specify
the
standards
for
ambulatory
29
surgical
centers.
The
rules
and
standards
are
required
to
be
30
consistent
with
the
requirements
of
the
Code
chapter
and
the
31
conditions
for
coverage
in
the
federal
Medicare
program
for
32
ambulatory
surgical
centers.
DIA
is
also
directed
to
adopt
33
rules
relating
to
the
issuance,
renewal,
denial,
suspension,
34
and
revocation
of
a
license
to
establish,
operate,
and
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maintain
an
ambulatory
surgical
center.
If
an
ambulatory
1
surgical
center
is
in
operation
at
the
time
of
adoption
of
2
any
applicable
rules
or
standards,
the
center
is
to
be
given
3
a
reasonable
time,
not
to
exceed
one
year
from
the
date
of
4
adoption,
within
which
to
comply
with
such
rules
and
standards.
5
The
bill
provides
for
inspections
or
investigations
of
6
ambulatory
surgical
centers,
and
directs
that
the
DIA
shall
7
perform
inspections
on
a
schedule
that
is
of
the
same
frequency
8
required
for
inspections
of
Medicare-certified
ambulatory
9
surgical
centers.
The
bill
also
requires
the
DIA
to
recognize,
10
in
lieu
of
its
own
licensure
inspection,
the
comparable
11
inspection
and
inspection
findings
of
a
Medicare
conditions
12
for
coverage
survey
completed
by
the
department
or
a
national
13
accreditation
agency
authorized
by
the
centers
for
Medicare
and
14
Medicaid
services
of
the
United
States
department
of
health
and
15
human
services.
16
The
bill
prohibits
a
DIA
inspector
from
participating
in
an
17
inspection
or
investigation
of
an
ambulatory
surgical
center
in
18
which
the
inspector
or
a
member
of
the
inspector’s
immediate
19
family
works
or
has
worked
within
the
last
two
years
or
in
20
which
the
inspector
or
the
inspector’s
immediate
family
has
a
21
financial
ownership
interest.
22
The
bill
requires
DIA
to
adopt
administrative
rules
to
23
provide
for
the
performance
of
criminal
record
checks
and
24
founded
child
abuse
or
dependent
adult
abuse
record
checks
25
applicable
to
employees
of
an
ambulatory
surgical
center
in
26
substantial
conformance
with
the
record
checks
applicable
to
27
facilities
and
providers
under
Code
sections
135B.34
(hospital
28
employees
——
criminal
history
and
abuse
record
checks
——
29
penalty)
and
135C.33
(employees
and
certified
nurse
aide
30
trainees
——
child
or
dependent
adult
abuse
information
and
31
criminal
record
checks
——
evaluations
——
application
to
other
32
providers
——
penalty).
33
The
bill
provides
confidentiality
provisions
relating
to
34
ambulatory
surgical
center
information.
The
final
findings
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with
respect
to
compliance
by
an
ambulatory
surgical
center
1
are
to
be
made
available
to
the
public
in
a
readily
available
2
form
and
place.
Other
information
relating
to
an
ambulatory
3
surgical
center
shall
not
be
made
available
to
the
public,
4
except
in
proceedings
involving
the
denial,
suspension,
or
5
revocation
of
a
license.
The
name
of
a
person
who
files
a
6
complaint
with
the
DIA
is
required
to
remain
confidential
and
7
not
be
subject
to
discovery,
subpoena,
or
other
means
of
legal
8
compulsion.
9
The
bill
provides
for
injunctive
relief
and
judicial
review.
10
The
bill
provides
that
any
person
establishing,
operating,
11
or
maintaining
an
ambulatory
surgical
center
without
a
license
12
commits
a
serious
misdemeanor,
and
each
day
of
continuing
13
violation
after
conviction
shall
be
considered
a
separate
14
offense.
A
serious
misdemeanor
is
punishable
by
confinement
15
for
no
more
than
one
year
and
a
fine
of
at
least
$430
but
not
16
more
than
$2,560.
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