Bill Text: IA SF394 | 2013-2014 | 85th General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: A bill for an act relating to informal conferences on contested citations or regulatory insufficiencies in health care facilities or assisted living programs and including applicability provisions. (Formerly SSB 1105.) Effective 7-1-13.
Spectrum: Committee Bill
Status: (Passed) 2013-12-31 - END OF 2013 ACTIONS [SF394 Detail]
Download: Iowa-2013-SF394-Enrolled.html
Bill Title: A bill for an act relating to informal conferences on contested citations or regulatory insufficiencies in health care facilities or assisted living programs and including applicability provisions. (Formerly SSB 1105.) Effective 7-1-13.
Spectrum: Committee Bill
Status: (Passed) 2013-12-31 - END OF 2013 ACTIONS [SF394 Detail]
Download: Iowa-2013-SF394-Enrolled.html
Senate
File
394
AN
ACT
RELATING
TO
INFORMAL
CONFERENCES
ON
CONTESTED
CITATIONS
OR
REGULATORY
INSUFFICIENCIES
IN
HEALTH
CARE
FACILITIES
OR
ASSISTED
LIVING
PROGRAMS
AND
INCLUDING
APPLICABILITY
PROVISIONS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
135C.41,
subsection
2,
Code
2013,
is
amended
to
read
as
follows:
2.
Notify
the
director
that
the
facility
desires
to
contest
the
citation
and
request
an
informal
conference
with
a
representative
of
the
department
an
independent
reviewer
pursuant
to
section
135C.42
.
Senate
File
394,
p.
2
Sec.
2.
Section
135C.42,
Code
2013,
is
amended
to
read
as
follows:
135C.42
Informal
conference
on
contested
citation.
1.
The
director
shall
assign
a
representative
of
the
department,
other
than
the
inspector
upon
whose
inspection
the
contested
citation
is
based,
provide
an
independent
reviewer
to
hold
an
informal
conference
with
the
facility
within
ten
working
days
after
receipt
of
a
request
made
under
section
135C.41,
subsection
2
.
At
the
conclusion
of
the
conference
the
representative
independent
reviewer
may
affirm
or
may
modify
or
dismiss
the
citation.
In
the
latter
case,
the
representative
The
independent
reviewer
shall
state
in
writing
the
specific
reasons
for
the
affirmation,
modification
,
or
dismissal
and
immediately
transmit
copies
of
the
statement
to
the
director,
and
to
the
facility.
If
the
facility
does
not
desire
to
further
contest
an
affirmed
or
modified
citation,
it
shall
within
five
working
days
after
the
informal
conference,
or
after
receipt
of
the
written
explanation
of
the
representative
independent
reviewer
,
as
the
case
may
be,
comply
with
section
135C.41,
subsection
1
.
2.
An
independent
reviewer
shall
be
licensed
as
an
attorney
in
the
state
of
Iowa
and
shall
not
be
employed
or
have
been
employed
by
the
department
in
the
past
eight
years
or
have
appeared
in
front
of
the
department
on
behalf
of
a
health
care
facility
in
the
past
eight
years.
Preference
shall
be
given
to
an
attorney
with
background
knowledge,
experience,
or
training
in
long-term
care.
The
department
may
issue
a
request
for
proposals
to
enter
into
a
contract
for
the
purpose
of
providing
one
or
more
independent
reviewers
for
informal
conferences.
3.
The
department
shall
hold
the
informal
conference,
as
required
in
this
section,
concurrently
with
any
informal
dispute
resolution
held
pursuant
to
42
C.F.R.
§
488.331
for
those
health
care
facilities
certified
under
Medicare
or
the
medical
assistance
program.
Sec.
3.
Section
135C.43,
subsection
1,
Code
2013,
is
amended
to
read
as
follows:
1.
A
facility
which
that
desires
to
further
contest
an
affirmed
or
modified
citation
for
a
Class
I,
Class
II,
or
Class
III
violation,
may
do
so
in
the
manner
provided
by
chapter
17A
for
contested
cases.
Notice
of
intent
to
formally
contest
a
citation
shall
be
given
the
department
in
writing
within
five
days
after
the
informal
conference
or
after
receipt
of
the
written
explanation
of
the
representative
delegated
independent
Senate
File
394,
p.
3
reviewer
provided
to
hold
the
informal
conference,
whichever
is
applicable,
in
the
case
of
an
affirmed
or
modified
citation.
A
facility
which
has
exhausted
all
adequate
administrative
remedies
and
is
aggrieved
by
the
final
action
of
the
department
may
petition
for
judicial
review
in
the
manner
provided
by
chapter
17A
.
Sec.
4.
Section
231C.8,
Code
2013,
is
amended
by
striking
the
section
and
inserting
in
lieu
thereof
the
following:
231C.8
Exit
interview
——
issuance
of
findings.
1.
The
department
shall
provide
an
assisted
living
program
an
exit
interview
at
the
conclusion
of
a
monitoring
evaluation
or
complaint
investigation,
and
the
department
shall
inform
the
program’s
representative
of
all
issues
and
areas
of
concern
related
to
the
insufficient
practices.
The
department
may
conduct
the
exit
interview
in
person
or
by
telephone,
and
the
department
shall
provide
a
second
exit
interview
if
any
additional
issues
or
areas
of
concern
are
identified.
The
program
shall
have
two
working
days
from
the
date
of
the
exit
interview
to
submit
additional
or
rebuttal
information
to
the
department.
2.
The
department
shall
issue
the
final
findings
of
a
monitoring
evaluation
or
complaint
investigation
within
ten
working
days
after
completion
of
the
on-site
monitoring
evaluation
or
complaint
investigation.
The
final
findings
shall
be
served
upon
the
program
personally,
by
electronic
mail,
or
by
certified
mail.
Sec.
5.
Section
231C.9,
Code
2013,
is
amended
to
read
as
follows:
231C.9
Public
disclosure
of
findings.
Upon
completion
of
a
monitoring
evaluation
or
complaint
investigation
of
an
assisted
living
program
by
the
department
pursuant
to
this
chapter
,
including
the
conclusion
of
informal
review,
the
department’s
final
findings
with
respect
to
compliance
by
the
assisted
living
program
with
requirements
for
certification
shall
be
made
available
to
the
public
in
a
readily
available
form
and
place.
Other
information
relating
to
an
assisted
living
program
that
is
obtained
by
the
department
which
does
not
constitute
the
department’s
final
findings
from
a
monitoring
evaluation
or
complaint
investigation
of
the
assisted
living
program
shall
not
be
made
available
to
the
public
except
in
proceedings
involving
the
denial,
suspension,
or
revocation
of
a
certificate
under
this
chapter
.
Senate
File
394,
p.
4
Sec.
6.
NEW
SECTION
.
231C.9A
Informal
conference
——
formal
contest
——
judicial
review.
1.
Within
twenty
business
days
after
issuance
of
the
final
findings,
the
assisted
living
program
shall
notify
the
director
if
the
program
desires
to
contest
the
findings
and
request
an
informal
conference.
2.
The
department
shall
provide
an
independent
reviewer
to
hold
an
informal
conference
with
an
assisted
living
program
within
ten
working
days
after
receiving
a
request
from
the
program
pursuant
to
subsection
1.
At
the
conclusion
of
the
informal
conference,
the
independent
reviewer
may
affirm,
modify,
or
dismiss
a
contested
regulatory
insufficiency.
The
independent
reviewer
shall
state
in
writing
the
specific
reasons
for
the
affirmation,
modification,
or
dismissal
and
immediately
transmit
copies
of
the
statement
to
the
department
and
to
the
program.
3.
An
independent
reviewer
shall
be
licensed
as
an
attorney
in
the
state
of
Iowa
and
shall
not
be
employed
or
have
been
employed
by
the
department
in
the
past
eight
years
or
have
appeared
in
front
of
the
department
on
behalf
of
an
assisted
living
program
in
the
past
eight
years.
Preference
shall
be
given
to
an
attorney
with
background
knowledge,
experience,
or
training
in
long-term
care.
The
department
may
issue
a
request
for
proposals
to
enter
into
a
contract
for
the
purpose
of
providing
one
or
more
independent
reviewers
for
informal
conferences.
4.
An
assisted
living
program
that
desires
to
further
contest
an
affirmed
or
modified
regulatory
insufficiency
may
do
so
in
the
manner
provided
by
chapter
17A
for
contested
cases.
The
program
shall
give
notice
of
intent
to
formally
contest
a
regulatory
insufficiency,
in
writing,
to
the
department
within
five
days
after
receipt
of
the
written
decision
of
the
independent
reviewer.
The
formal
hearing
shall
be
conducted
in
accordance
with
chapter
17A
and
rules
adopted
by
the
department.
5.
An
assisted
living
program
that
has
exhausted
all
adequate
administrative
remedies
and
is
aggrieved
by
the
final
action
of
the
department
may
petition
for
judicial
review
in
the
manner
provided
by
chapter
17A.
Sec.
7.
APPLICABILITY.
1.
The
sections
of
this
Act
amending
sections
135C.41,
135C.42,
and
135C.43
apply
to
an
informal
conference
requested
under
chapter
135C
on
or
after
January
1,
2014.
Senate
File
394,
p.
5
2.
The
sections
of
this
Act
amending
sections
231C.8
and
231C.9,
and
adding
section
231C.9A,
apply
to
assisted
living
programs
desiring
to
request
an
informal
conference
on
or
after
January
1,
2014.
______________________________
PAM
JOCHUM
President
of
the
Senate
______________________________
KRAIG
PAULSEN
Speaker
of
the
House
I
hereby
certify
that
this
bill
originated
in
the
Senate
and
is
known
as
Senate
File
394,
Eighty-fifth
General
Assembly.
______________________________
MICHAEL
E.
MARSHALL
Secretary
of
the
Senate
Approved
_______________,
2013
______________________________
TERRY
E.
BRANSTAD
Governor
