Bill Text: IA SF507 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to long-term care facility and hospital practices including patient visitation and protections, and providing civil penalties.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-03-08 - Subcommittee: Edler, Costello, and Mathis. S.J. 551. [SF507 Detail]
Download: Iowa-2021-SF507-Introduced.html
Senate
File
507
-
Introduced
SENATE
FILE
507
BY
CHAPMAN
A
BILL
FOR
An
Act
relating
to
long-term
care
facility
and
hospital
1
practices
including
patient
visitation
and
protections,
and
2
providing
civil
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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DIVISION
I
1
LONG-TERM
CARE
FACILITIES
——
RESIDENT
AND
TENANT
VISITATION
2
Section
1.
Section
135C.1,
Code
2021,
is
amended
by
adding
3
the
following
new
subsections:
4
NEW
SUBSECTION
.
1A.
“Assisted
living
program”
means
the
5
same
as
defined
in
section
231C.2.
6
NEW
SUBSECTION
.
3A.
“Continuing
care
retirement
community”
7
means
the
same
as
defined
in
section
523D.1.
8
NEW
SUBSECTION
.
12A.
“Long-term
care
facility”
or
9
“facility”
means
a
nursing
facility,
an
assisted
living
10
program,
a
continuing
care
retirement
community,
or
a
senior
11
adult
congregate
living
facility,
or
any
combination
of
such
12
facilities,
programs,
or
communities.
13
NEW
SUBSECTION
.
13A.
“National
public
health
emergency”
14
means
a
public
health
emergency
declared
by
the
secretary
of
15
the
United
States
department
of
health
and
human
services
16
pursuant
to
section
319
of
the
federal
Public
Health
Service
17
Act,
Pub.
L.
No.
104-321,
42
U.S.C.
§247d.
18
NEW
SUBSECTION
.
18A.
“Private
pay
facility”
means
a
19
long-term
care
facility
that
only
accepts
payment
from
privates
20
funding
sources.
21
NEW
SUBSECTION
.
18B.
“Public
health
disaster”
means
the
22
same
as
defined
in
section
135.140.
23
NEW
SUBSECTION
.
22A.
“Senior
adult
congregate
living
24
facility”
means
the
same
as
defined
in
section
523D.1.
25
NEW
SUBSECTION
.
26.
“Tenant”
includes
a
tenant
of
an
26
assisted
living
program
or
an
independent
living
tenant
of
a
27
continuing
care
retirement
community.
28
Sec.
2.
Section
135C.1,
subsection
21,
Code
2021,
is
amended
29
to
read
as
follows:
30
21.
“Resident”
means
an
individual
admitted
to
a
health
31
care
facility
in
the
manner
prescribed
by
section
135C.23
,
and
32
includes
a
person
residing
in
a
nursing
facility,
a
continuing
33
care
retirement
community,
or
a
senior
adult
congregate
living
34
facility
.
35
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Sec.
3.
NEW
SECTION
.
135C.24A
National
public
health
1
emergency
——
public
health
disaster
——
visitation
restrictions
in
2
private
pay
facilities,
communities,
and
programs.
3
1.
During
a
national
public
health
emergency
or
a
public
4
health
disaster,
a
private
pay
long-term
care
facility
may,
at
5
the
discretion
of
the
individual
facility,
implement
in-person,
6
indoor
visitation
policies
for
residents
and
tenants
of
the
7
long-term
care
facility
that
are
less
restrictive
than
the
8
policies
applicable
to
long-term
care
facilities
accepting
9
public
sources
of
payment,
including
those
issued
by
the
10
centers
for
Medicare
and
Medicaid
services
of
the
United
States
11
department
of
health
and
human
services.
If
a
long-term
care
12
facility
implements
such
visitation
policies,
the
long-term
13
care
facility
shall
post
the
policies
in
a
conspicuous
place
on
14
the
premises.
15
2.
A
facility
establishing
visitation
policies
under
this
16
section
shall
provide
the
facility’s
visitation
policies
to
all
17
potential
or
current
residents
or
tenants
and
to
any
individual
18
the
potential
or
current
resident
or
tenant
designates
to
19
receive
information
and
disclosures
relating
to
the
potential
20
or
current
resident’s
or
tenant’s
care,
upon
inquiry
regarding
21
potential
admission
to
the
facility,
upon
the
resident
or
22
tenant’s
admission
to
the
facility,
at
any
time
the
policies
23
are
amended
following
the
resident’s
or
tenant’s
admission,
and
24
upon
request
of
any
of
these
parties.
25
3.
Failure
to
facilitate
visitation
as
provided
in
this
26
section
is
prohibited
without
an
adequate
and
substantiated
27
reason
related
to
clinical
necessity
or
resident
safety.
28
DIVISION
II
29
HOSPITALS
——
PATIENT
VISITATION
AND
PROTECTIONS
30
Sec.
4.
Section
135B.1,
Code
2021,
is
amended
by
adding
the
31
following
new
subsections:
32
NEW
SUBSECTION
.
1A.
“End-of-life
status”
means
a
patient
33
with
a
terminal
condition
or
dementia-related
disorder
that
has
34
become
advanced,
progressive,
or
incurable
or
a
patient
in
the
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active
stages
of
dying,
probably
within
thirty
days.
1
NEW
SUBSECTION
.
3A.
“National
public
health
emergency”
2
means
a
public
health
emergency
declared
by
the
secretary
of
3
the
United
States
department
of
health
and
human
services
4
pursuant
to
section
319
of
the
federal
Public
Health
Service
5
Act,
Pub.
L.
No.
104-321,
42
U.S.C.
§247d.
6
NEW
SUBSECTION
.
5.
“Public
health
disaster”
means
the
same
7
as
defined
in
section
135.140.
8
Sec.
5.
NEW
SECTION
.
135B.36
Patient
visitation
——
national
9
public
health
emergency
or
public
health
disaster
——
personal
10
protective
equipment
stockpile
for
patient
visitors.
11
1.
During
a
national
public
health
emergency
or
a
public
12
health
disaster,
all
of
the
following
shall
apply
to
a
licensed
13
hospital:
14
a.
The
hospital
shall
permit
a
patient
admitted
to
the
15
hospital
visitation
with
at
least
two
visitors
who
are
related
16
to
the
patient
by
consanguinity
or
affinity
during
at
least
17
four
days
in
any
Sunday
through
Saturday
period
for
no
less
18
than
five
hours
daily.
Any
visitation
and
the
four
days
in
any
19
Sunday
through
Saturday
period
during
which
such
visitation
is
20
scheduled
shall
be
subject
to
the
consent
of
the
patient
and
at
21
the
discretion
of
the
visitors.
22
b.
Notwithstanding
paragraph
“a”
,
if
a
hospital’s
personal
23
protective
equipment
stockpile
for
patient
visitors
is
24
sufficient
to
provide
personal
protective
equipment
for
25
all
patient
visitors
when
the
hospital
is
at
full
capacity
26
including
the
provision
of
personal
protective
equipment
for
up
27
to
two
daily
visitors
per
patient,
the
hospital
shall
permit
28
visitation
with
at
least
two
visitors
who
are
related
to
the
29
patient
by
consanguinity
or
affinity
during
all
seven
days
in
30
any
Sunday
through
Saturday
period
for
no
less
than
five
hours
31
daily.
Any
visitation
shall
be
subject
to
the
consent
of
the
32
patient.
33
2.
Notwithstanding
any
provision
of
law
to
the
contrary,
34
and
whether
or
not
a
national
public
health
emergency
or
public
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health
disaster
exists,
if
a
patient
admitted
to
the
hospital
1
is
considered
by
the
hospital
to
have
end-of-life
status,
is
2
a
minor
as
described
in
section
599.1,
or
has
a
disability
3
including
but
not
limited
to
a
physical,
intellectual,
or
4
cognitive
disability,
a
communication
barrier
or
behavioral
5
concern,
or
requires
assistance
due
to
the
specifics
of
the
6
person’s
disability,
the
hospital
shall
permit
visitation
with
7
individuals
living
in
the
same
residence
as
the
patient
and
8
visitation
with
at
least
two
individuals
living
in
residences
9
other
than
the
residence
of
the
patient.
10
3.
Nothing
in
this
section
shall
be
interpreted
to
require
a
11
hospital
to
alter
historically
established
visitation
policies
12
unrelated
to
a
national
public
health
emergency
or
public
13
health
disaster.
14
4.
A
licensed
hospital
shall
maintain
an
onsite
personal
15
protective
equipment
stockpile
for
patient
visitors
and
shall
16
designate
a
coordinator
to
evaluate
and
maintain
the
stockpile.
17
The
stockpile
shall
comply
with
all
of
the
following:
18
a.
When
a
national
public
health
emergency
or
a
public
19
health
disaster
is
not
in
place,
all
of
the
following
shall
20
apply
to
the
personal
protective
equipment
stockpile
for
21
patient
visitors:
22
(1)
The
stockpile
shall
include
a
sufficient
supply
23
to
provide
enough
personal
protective
equipment
for
up
to
24
twenty-one
visitors
per
patient
during
the
patient’s
inpatient
25
stay
and
during
which
time
the
hospital
is
at
full
capacity.
26
(2)
The
hospital
may
count
up
to
three-quarters
of
the
27
personal
protective
equipment
in
the
stockpile
toward
the
28
hospital’s
required
emergency
personal
protective
equipment
29
stockpile
for
hospital
personnel
required
under
county,
30
state,
or
federal
law,
at
the
discretion
of
the
hospital
or
as
31
required
or
permitted
by
law
or
the
county,
state,
or
federal
32
regulatory
authority.
33
(3)
The
hospital
shall
routinely
monitor
the
stockpile
to
34
ensure
that
the
personal
protective
equipment
in
the
stockpile
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is
used
prior
to
the
expiration
date.
Hospitals
are
encouraged
1
to
use
the
personal
protective
equipment
in
the
stockpile
at
2
least
one
year
prior
to
the
expiration
date.
3
(4)
At
any
time
the
remaining
stockpile
constitutes
4
three-quarters
of
the
maximum
required
amount,
the
hospital
5
shall
make
every
reasonable
effort
to
purchase
and
acquire
6
the
personal
protective
equipment
necessary
to
stockpile
the
7
maximum
amount
of
personal
protective
equipment
required.
At
8
no
point
shall
the
stockpile
be
reduced
to
one-half
of
the
9
maximum
amount
required.
10
(5)
Any
unforeseen
shortages
or
difficulties
in
obtaining
11
the
amount
of
personal
protective
equipment
required
under
this
12
paragraph
shall
not
constitute
a
violation
of
this
paragraph.
13
b.
During
a
national
public
health
emergency
or
a
public
14
health
disaster,
the
stockpile
shall
only
be
used
for
patient
15
visitors
unless,
through
reasonable
efforts,
the
hospital
is
16
unable
to
secure
and
make
available
a
sufficient
amount
of
17
personal
protective
equipment
to
hospital
personnel.
18
Sec.
6.
NEW
SECTION
.
135B.37
Department
inspection
for
19
compliance
——
filing
of
complaints
——
civil
penalties
——
civil
20
cause
of
action.
21
1.
The
department
shall
ensure
compliance
with
this
22
subchapter
by
inspecting
each
licensed
hospital
at
least
once
23
every
two
years.
The
inspection
under
this
section
may
be
24
conducted
concurrently
with
any
other
scheduled
or
unscheduled
25
inspection
during
the
required
time
frame.
26
2.
The
department
shall
provide
a
process
for
a
person
27
to
file
a
complaint
electronically,
in
person,
or
by
mail,
28
alleging
a
violation
of
this
subchapter.
The
complaint
29
shall
state
in
a
reasonably
specific
manner
the
basis
of
the
30
complaint,
shall
include
a
statement
of
the
nature
of
the
31
complaint,
and
shall
be
delivered
to
the
hospital
involved.
32
The
name
of
the
person
who
files
a
complaint
with
the
33
department
shall
be
kept
confidential
and
shall
not
be
subject
34
to
discovery,
subpoena,
or
other
means
of
legal
compulsion
for
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its
release
to
another
person
other
than
departmental
employees
1
involved
in
the
investigation
of
the
complaint.
2
3.
a.
A
hospital
that
violates
a
provision
of
this
3
subchapter
by
failing
to
maintain
the
required
levels
of
4
personal
protective
equipment
in
the
hospital’s
onsite
personal
5
protective
equipment
stockpile
for
patient
visitors
is
subject
6
to
all
of
the
following:
7
(1)
For
an
initial
violation,
a
warning
issued
by
the
8
department.
9
(2)
For
a
second
violation,
a
civil
penalty
of
one
thousand
10
dollars.
11
(3)
For
a
third
violation,
a
civil
penalty
of
two
thousand
12
dollars.
13
(4)
For
a
fourth
or
subsequent
violation,
an
additional
14
civil
penalty
of
one
thousand
dollars
per
subsequent
violation.
15
b.
The
computation
of
violations
for
a
hospital
shall
be
16
cumulative.
17
c.
A
hospital
that
violates
a
provision
of
this
subchapter
18
by
failing
to
comply
with
the
visitation
requirements
is
19
subject
to
all
of
the
following:
20
(1)
For
an
initial
violation,
a
civil
penalty
of
one
21
thousand
dollars.
22
(2)
For
a
second
violation,
a
civil
penalty
of
two
thousand
23
dollars.
24
(3)
For
a
third
or
subsequent
violation,
an
additional
civil
25
penalty
of
one
thousand
dollars
per
subsequent
violation.
26
d.
The
computation
of
violations
for
a
hospital
shall
be
27
cumulative.
28
4.
This
subchapter
shall
not
be
construed
to
prevent
a
29
person
from
bringing
a
civil
cause
of
action
for
a
hospital’s
30
failure
to
comply
with
this
subchapter
based
on
any
right
the
31
person
may
assert
under
statute
or
common
law.
32
DIVISION
III
33
CODE
EDITOR
DIRECTIVE
34
Sec.
7.
CODE
EDITOR
DIRECTIVE.
The
Code
editor
may
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designate
sections
135B.36
and
135B.37,
as
enacted
in
this
Act,
1
as
a
new
subchapter
within
chapter
135B,
entitled
“HOSPITAL
2
VISITATION
AND
PATIENT
PROTECTIONS”.
3
EXPLANATION
4
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
5
the
explanation’s
substance
by
the
members
of
the
general
assembly.
6
This
bill
relates
to
long-term
care
facility
and
hospital
7
practices,
including
those
related
to
patient
visitation
and
8
protections.
The
bill
is
organized
into
divisions.
9
Division
I
relates
to
resident
and
tenant
visitation
10
policies
in
long-term
care
facilities.
The
division
provides
11
definitions
including
those
for
“long-term
care
facility”,
12
“national
public
health
emergency”,
“private
pay
facility”,
and
13
“public
health
disaster”
for
the
purposes
of
the
division.
14
The
division
provides
that
during
a
national
public
health
15
emergency
(NPHE)
or
a
public
health
disaster
(PHD),
a
private
16
pay
long-term
care
facility
may,
at
the
discretion
of
the
17
individual
facility,
implement
in-person,
indoor
visitation
18
policies
for
residents
and
tenants
that
are
less
restrictive
19
than
the
policies
applicable
to
long-term
care
facilities
20
accepting
public
sources
of
payment.
If
such
visitation
21
policies
are
implemented,
the
long-term
care
facility
shall
22
post
the
policies
in
a
conspicuous
place
on
the
premises.
The
23
division
also
requires
the
long-term
care
facility
to
provide
24
the
facility’s
visitation
policies
to
prospective
and
current
25
residents
and
tenants
and
any
individual
the
potential
or
26
current
resident
or
tenant
designates
to
receive
information
27
and
disclosures
relating
to
the
potential
or
current
resident’s
28
or
tenant’s
care,
at
specific
times.
29
Failure
to
facilitate
visitation
as
provided
in
the
division
30
is
prohibited
without
an
adequate
and
substantiated
reason
31
related
to
clinical
necessity
or
resident
safety.
32
Division
II
relates
to
hospital
practices
regarding
patient
33
visitation
and
protections.
The
division
provides
that
during
34
a
NPHE
or
PHD,
a
licensed
hospital
shall
permit
a
patient
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admitted
to
the
hospital
to
have
visitation
with
at
least
1
two
visitors
who
are
related
to
the
patient
by
consanguinity
2
or
affinity
during
at
least
four
days
in
any
Sunday
through
3
Saturday
period
for
no
less
than
five
hours
daily.
However,
4
if
during
the
NPHE
or
PHD,
the
hospital’s
personal
protective
5
equipment
(PPE)
stockpile
for
patient
visitors
is
sufficient
6
to
provide
PPE
for
all
patient
visitors
when
the
hospital
is
7
at
full
capacity
including
the
provision
of
PPE
for
up
to
8
two
daily
visitors
per
patient,
the
hospital
shall
permit
9
visitation
with
at
least
two
visitors
who
are
related
to
the
10
patient
by
consanguinity
or
affinity
during
all
seven
days
in
11
any
Sunday
through
Saturday
period
for
no
less
than
five
hours
12
daily.
In
all
cases,
any
visitation
shall
be
subject
to
the
13
consent
of
the
patient.
14
The
division
provides
that
notwithstanding
any
provision
15
of
law
to
the
contrary,
whether
or
not
during
a
NPHE
or
16
PHD,
if
a
patient
admitted
to
the
hospital
has
end-of-life
17
status,
is
a
minor,
or
has
a
disability
including
but
not
18
limited
to
a
physical,
intellectual,
or
cognitive
disability,
19
a
communication
barrier
or
behavioral
concern,
or
requires
20
assistance
due
to
the
specifics
of
the
person’s
disability,
21
the
hospital
shall
permit
visitation
with
individuals
residing
22
in
the
same
residence
as
the
patient
and
at
least
two
visitors
23
living
in
residences
other
than
the
patient’s
residence.
24
Nothing
in
the
division
is
to
be
interpreted
to
require
a
25
hospital
to
alter
historically
established
visitation
policies
26
unrelated
to
a
NPHE
or
PHD.
27
The
division
requires
each
hospital
to
maintain
an
onsite
28
personal
protective
equipment
stockpile
for
patient
visitors
29
and
to
designate
a
coordinator
to
evaluate
and
maintain
the
30
stockpile.
When
a
NPHE
or
PHD
is
not
in
place,
the
stockpile
31
shall
include
a
sufficient
supply
to
provide
enough
PPE
for
32
up
to
21
visitors
per
patient
during
the
patient’s
inpatient
33
stay
during
which
time
the
hospital
is
at
full
capacity;
the
34
hospital
may
count
up
to
three-quarters
of
the
PPE
in
the
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personal
protective
equipment
stockpile
for
patient
visitors
1
toward
the
hospital’s
required
hospital
emergency
personal
2
protective
equipment
stockpile
for
hospital
personnel
required
3
under
county,
state,
or
federal
law,
at
the
discretion
4
of
the
hospital
or
as
required
or
permitted
by
law
or
the
5
county,
state,
or
federal
regulatory
authority;
the
hospital
6
shall
routinely
monitor
the
stockpile
to
ensure
that
the
7
PPE
stockpiled
is
used
prior
to
its
expiration
date
and
is
8
encouraged
to
use
the
PPE
stockpiled
at
least
one
year
prior
9
to
its
expiration
date;
at
any
time
the
remaining
PPE
in
the
10
stockpile
constitutes
three-quarters
of
the
maximum
required
11
amount,
the
hospital
shall
make
every
reasonable
effort
12
to
purchase
and
acquire
the
PPE
necessary
to
stockpile
the
13
maximum
required
amount
of
PPE;
at
no
point
shall
the
stockpile
14
be
reduced
to
one-half
of
the
maximum
required
amount;
and
15
any
unforeseen
shortages
or
difficulties
in
obtaining
the
16
amount
of
PPE
required
does
not
constitute
a
violation.
The
17
division
also
provides
that
during
a
NPHE
or
PHD,
the
personal
18
protective
equipment
stockpile
for
patient
visitors
shall
19
only
be
used
for
patient
visitors,
unless,
through
reasonable
20
efforts,
the
hospital
is
unable
to
secure
and
make
available
to
21
hospital
personnel
a
sufficient
amount
of
PPE.
22
The
department
of
inspections
and
appeals
(DIA)
shall
ensure
23
compliance
with
the
division
by
inspecting
each
licensed
24
hospital
at
least
once
every
two
years.
The
inspection
25
may
be
conducted
concurrently
with
any
other
scheduled
or
26
unscheduled
inspection
during
the
required
time
frame.
DIA
27
shall
also
provide
a
process
for
a
person
to
file
a
complaint
28
electronically,
in
person,
or
by
mail,
alleging
a
violation
of
29
the
division.
30
A
hospital
that
violates
a
provision
of
the
division
31
by
failing
to
maintain
the
required
levels
of
PPE
in
the
32
hospital’s
onsite
personal
protective
equipment
stockpile
for
33
patient
visitors
or
by
failing
to
comply
with
the
visitation
34
requirements
is
subject
to
civil
penalties
as
specified
in
the
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