Bill Text: IA SSB1063 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A study bill for an act relating to the licensure of ambulatory surgical centers, providing fees and penalties, and including effective date provisions.
Spectrum: Unknown
Status: (N/A - Dead) 2013-01-22 - Human Resources: Dotzler Chair,Bolkcom, and Johnson. [SSB1063 Detail]
Download: Iowa-2013-SSB1063-Introduced.html
Senate
Study
Bill
1063
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
HUMAN
RESOURCES
BILL
BY
CHAIRPERSON
RAGAN)
A
BILL
FOR
An
Act
relating
to
the
licensure
of
ambulatory
surgical
1
centers,
providing
fees
and
penalties,
and
including
2
effective
date
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
1649XC
(2)
85
pf/nh
S.F.
_____
Section
1.
NEW
SECTION
.
135P.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”
does
8
not
include
individual
or
group
practice
offices
of
private
9
physicians,
podiatrists,
or
dentists
that
do
not
contain
a
10
distinct
area
used
for
outpatient
surgical
treatment
on
a
11
regular
basis,
or
that
only
provide
surgery
routinely
provided
12
in
a
physician’s,
podiatrist’s,
or
dentist’s
office
using
local
13
anesthesia
or
conscious
sedation;
or
a
portion
of
a
licensed
14
hospital
designated
for
outpatient
surgical
treatment.
15
2.
“Department”
means
the
department
of
inspections
and
16
appeals.
17
Sec.
2.
NEW
SECTION
.
135P.2
Purpose.
18
The
purpose
of
this
chapter
is
to
protect
the
public
19
health,
safety,
and
welfare
by
providing
for
the
licensing
and
20
regulation
of
ambulatory
surgical
centers.
21
Sec.
3.
NEW
SECTION
.
135P.3
Licensure.
22
A
person,
acting
severally
or
jointly
with
any
other
person,
23
shall
not
establish,
operate,
or
maintain
an
ambulatory
24
surgical
center
in
this
state
without
obtaining
a
license
as
25
provided
under
this
chapter.
26
Sec.
4.
NEW
SECTION
.
135P.4
Application
for
license
——
fee.
27
1.
An
applicant
for
an
ambulatory
surgical
center
license
28
shall
submit
an
application
to
the
department.
Applications
29
shall
be
upon
such
forms
and
shall
include
such
information
30
as
the
department
may
reasonably
require,
which
may
include
31
affirmative
evidence
of
ability
to
comply
with
reasonable
rules
32
and
standards
prescribed
under
this
chapter.
33
2.
a.
An
application
for
an
initial
license
for
34
an
ambulatory
surgical
center
that
is
in
existence
and
35
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_____
Medicare-certified
prior
to
July
1,
2014,
shall
be
accompanied
1
by
a
fee
of
fifty
dollars.
2
b.
An
application
for
an
initial
license
for
an
ambulatory
3
surgical
center
established
on
or
after
July
1,
2014,
shall
4
be
accompanied
by
a
fee
sufficient
to
cover
the
costs
of
5
performing
the
inspection
required
in
section
135P.8
in
an
6
amount
as
provided
in
rules
adopted
by
the
department.
7
Sec.
5.
NEW
SECTION
.
135P.5
Issuance
and
renewal
of
8
license.
9
1.
Upon
receipt
of
an
application
for
license
and
the
10
license
fee,
the
department
shall
issue
a
license
if
the
11
applicant
and
the
ambulatory
surgical
center
meet
the
12
requirements
of
this
chapter
and
the
rules
adopted
by
the
13
department.
14
2.
A
license
shall
be
issued
only
for
the
premises
and
15
persons
named
in
the
application.
16
3.
A
license
is
not
transferable
or
assignable
except
with
17
the
written
approval
of
the
department.
18
4.
A
license
shall
be
posted
in
a
conspicuous
place
on
the
19
licensed
premises
as
prescribed
by
rule
of
the
department.
20
5.
Separate
licenses
are
not
required
for
ambulatory
21
surgical
center
facilities
that
are
maintained
on
the
same
22
physical
site
and
that
have
the
same
ownership
or
control.
23
Multiple
buildings
located
on
the
same
physical
site
under
the
24
same
ownership
or
control
shall
be
considered
one
ambulatory
25
surgical
center
facility
for
purposes
of
this
chapter
and
26
section
135.61,
subsection
21,
and
may
operate
under
one
27
license.
28
6.
A
license,
unless
sooner
suspended
or
revoked,
shall
29
expire
on
December
31
of
each
year
and
shall
be
renewed
30
annually.
The
department
shall
renew
a
license
upon
payment
of
31
a
five
hundred
dollar
annual
license
renewal
fee
and
filing
of
32
an
application
for
renewal
at
least
thirty
days
prior
to
the
33
expiration
of
the
existing
license.
The
annual
licensure
fee
34
shall
be
dedicated
to
support
the
staffing
necessary
to
conduct
35
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the
inspections
and
investigations
provided
in
section
135P.8.
1
Sec.
6.
NEW
SECTION
.
135P.6
Denial,
suspension,
or
2
revocation
of
license
——
hearings
and
review.
3
1.
The
department
may
deny,
suspend,
or
revoke
a
license
in
4
any
case
where
it
finds
there
has
been
a
substantial
failure
5
to
comply
with
this
chapter
or
the
rules
and
standards
adopted
6
under
this
chapter.
7
2.
The
denial,
suspension,
or
revocation
of
a
license
by
8
the
department
and
appeal
from
that
action
are
governed
by
the
9
procedures
for
a
contested
case
hearing
under
chapter
17A.
10
3.
a.
If
the
department
finds,
after
providing
notice
of
11
noncompliance
and
a
reasonable
time
for
corrective
action,
that
12
an
ambulatory
surgical
center
is
in
repeated
noncompliance
with
13
this
chapter
or
the
department’s
rules
but
that
noncompliance
14
does
not
endanger
public
health
or
safety,
the
department
may
15
issue
a
conditional
license
to
the
ambulatory
surgical
center
16
as
an
alternative
to
suspending
or
revoking
the
ambulatory
17
surgical
center’s
license.
18
b.
The
department
shall
provide
notice
of
its
intent
to
19
issue
a
conditional
license
to
the
ambulatory
surgical
center
20
and
of
the
items
of
noncompliance
not
less
than
ten
days
before
21
the
date
the
conditional
license
is
issued.
22
c.
The
department
shall
designate
a
period
of
not
more
23
than
one
year
during
which
the
ambulatory
surgical
center
may
24
operate
under
a
conditional
license.
25
d.
During
the
period
an
ambulatory
surgical
center
is
26
operating
under
a
conditional
license,
the
ambulatory
surgical
27
center
shall
correct
the
items
that
are
in
noncompliance
and
28
report
the
corrections
to
the
department
for
approval.
29
4.
The
department
may
suspend
or
revoke
the
license
of
an
30
ambulatory
surgical
center
that
does
not
correct
items
that
31
are
in
noncompliance
or
that
does
not
comply
with
this
chapter
32
or
the
rules
adopted
under
this
chapter
within
the
applicable
33
period.
34
5.
The
department
may
issue
an
emergency
order
to
suspend
35
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_____
a
license
issued
under
this
chapter
if
the
department
has
1
reasonable
cause
to
believe
that
the
conduct
of
the
ambulatory
2
surgical
center
creates
an
immediate
danger
to
the
public
3
health
and
safety.
An
emergency
suspension
is
effective
4
immediately
without
a
hearing
or
notice
to
the
licensee.
On
5
written
request
of
the
licensee,
the
department
shall
conduct
6
a
hearing
not
earlier
than
the
tenth
day
or
later
than
the
7
thirtieth
day
after
the
date
the
hearing
request
is
received
8
to
determine
if
the
emergency
suspension
is
to
be
continued,
9
modified,
or
rescinded.
The
hearing
and
any
appeal
are
10
governed
by
the
department’s
rules
for
a
contested
case
hearing
11
and
chapter
17A.
12
Sec.
7.
NEW
SECTION
.
135P.7
Rules.
13
1.
The
department,
with
the
advice
and
approval
of
the
state
14
board
of
health,
shall
adopt
rules
specifying
the
standards
for
15
ambulatory
surgical
centers
to
be
licensed
under
this
chapter.
16
The
rules
shall
be
consistent
with
and
shall
not
exceed
the
17
requirements
of
this
chapter
and
the
conditions
for
coverage
in
18
the
federal
Medicare
program
for
ambulatory
surgical
centers
19
under
42
C.F.R.
pt.
416.
20
2.
The
department
shall
adopt
rules
as
the
department
deems
21
necessary
to
implement
the
provisions
of
this
chapter
relating
22
to
the
issuance,
renewal,
denial,
suspension,
and
revocation
23
of
a
license
to
establish,
operate,
and
maintain
an
ambulatory
24
surgical
center.
25
3.
An
ambulatory
surgical
center
which
is
in
operation
at
26
the
time
of
adoption
of
any
applicable
rules
or
standards
under
27
this
chapter
shall
be
given
a
reasonable
time,
not
to
exceed
28
one
year
from
the
date
of
adoption,
within
which
to
comply
with
29
such
rules
and
standards.
30
4.
The
department
shall
enforce
the
rules.
31
Sec.
8.
NEW
SECTION
.
135P.8
Inspections.
32
1.
The
department
shall
make
or
cause
to
be
made
inspections
33
or
investigations
of
ambulatory
surgical
centers
to
determine
34
compliance
with
this
chapter
and
applicable
rules
and
35
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_____
standards.
The
department
shall
perform
inspections
on
a
1
schedule
that
is
of
the
same
frequency
required
for
inspections
2
of
Medicare-certified
ambulatory
surgical
centers.
3
2.
The
department
shall
recognize,
in
lieu
of
its
own
4
licensure
inspection,
the
comparable
inspection
and
inspection
5
findings
of
a
Medicare
conditions
for
coverage
survey.
6
3.
A
department
inspector
shall
not
participate
in
an
7
inspection
or
investigation
of
an
ambulatory
surgical
center
in
8
which
the
inspector
or
a
member
of
the
inspector’s
immediate
9
family
works
or
has
worked
within
the
last
two
years
or
in
10
which
the
inspector
or
the
inspector’s
immediate
family
has
11
a
financial
ownership
interest.
For
the
purposes
of
this
12
section,
“immediate
family
member”
means
a
spouse,
natural
or
13
adoptive
parent
or
grandparent,
child,
grandchild,
sibling,
14
stepparent,
stepchild,
or
stepsibling.
15
Sec.
9.
NEW
SECTION
.
135P.9
Employee
background
checks.
16
1.
An
ambulatory
surgical
center
shall
comply
with
child
and
17
dependent
adult
abuse
information
and
criminal
record
checks
18
and
evaluations
in
the
same
manner
as
provided
in
section
19
135B.34,
except
that
the
authorization
of
an
exemption
under
20
section
135B.34,
subsection
4,
paragraph
“b”
,
from
requirements
21
for
reevaluation
of
the
latest
record
checks
by
the
department
22
of
human
services
relative
to
a
person
being
considered
for
23
employment
in
an
ambulatory
surgical
center
is
subject
to
all
24
of
the
following
provisions:
25
a.
The
position
with
the
ambulatory
surgical
center
is
26
substantially
the
same
or
has
the
same
job
responsibilities
as
27
the
position
for
which
the
previous
evaluation
was
performed.
28
b.
Any
restrictions
placed
on
the
person’s
employment
in
the
29
previous
evaluation
by
the
department
of
human
services
shall
30
remain
applicable
in
the
person’s
employment
in
the
ambulatory
31
surgical
center.
32
c.
The
person
subject
to
the
record
checks
has
maintained
33
a
copy
of
the
previous
evaluation
and
provides
the
evaluation
34
to
the
ambulatory
surgical
center
or
the
previous
employer
35
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provides
the
previous
evaluation
from
the
person’s
personnel
1
file
pursuant
to
the
person’s
authorization.
If
a
physical
2
copy
of
the
previous
evaluation
is
not
provided
to
the
3
ambulatory
surgical
center,
the
record
checks
shall
be
4
reevaluated.
5
d.
Although
an
exemption
may
be
authorized,
the
ambulatory
6
surgical
center
may
instead
request
a
reevaluation
of
the
7
record
checks
and
may
employ
the
person
while
the
reevaluation
8
is
being
performed.
9
2.
An
ambulatory
surgical
center
licensed
in
this
state
10
may
access
the
single
contact
repository
established
by
the
11
department
pursuant
to
section
135C.33
as
necessary
for
the
12
ambulatory
surgical
center
to
perform
record
checks
of
persons
13
employed
or
being
considered
for
employment
by
the
ambulatory
14
surgical
center.
15
Sec.
10.
NEW
SECTION
.
135P.10
Confidentiality.
16
The
department’s
final
findings
or
the
final
survey
findings
17
of
an
accrediting
body
with
respect
to
compliance
by
an
18
ambulatory
surgical
center
with
requirements
for
licensing
19
or
accreditation
shall
be
made
available
to
the
public
in
a
20
readily
available
form
and
place.
Other
information
relating
21
to
an
ambulatory
surgical
center
obtained
by
the
department
22
which
does
not
constitute
the
department’s
findings
from
an
23
inspection
of
the
ambulatory
surgical
center
or
the
final
24
survey
findings
of
the
accrediting
body
shall
not
be
made
25
available
to
the
public,
except
in
proceedings
involving
the
26
denial,
suspension,
or
revocation
of
a
license
under
this
27
chapter.
The
name
of
a
person
who
files
a
complaint
with
the
28
department
shall
remain
confidential
and
shall
not
be
subject
29
to
discovery,
subpoena,
or
other
means
of
legal
compulsion
for
30
its
release
to
a
person
other
than
department
employees
or
31
agents
involved
in
the
investigation
of
the
complaint.
32
Sec.
11.
NEW
SECTION
.
135P.11
Injunction.
33
Notwithstanding
the
existence
or
pursuit
of
any
other
34
remedy,
the
department
may,
in
the
manner
provided
by
law,
35
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_____
maintain
an
action
in
the
name
of
the
state
for
injunction
1
or
other
process
against
any
person
to
restrain
or
prevent
2
the
establishment,
operation,
or
maintenance
of
an
ambulatory
3
surgical
center
without
a
license.
4
Sec.
12.
NEW
SECTION
.
135P.12
Judicial
review.
5
Judicial
review
of
an
action
of
the
department
may
be
sought
6
in
accordance
with
chapter
17A.
Notwithstanding
the
provisions
7
of
chapter
17A,
petitions
for
judicial
review
may
be
filed
8
in
the
district
court
of
the
county
in
which
the
ambulatory
9
surgical
center
is
located
or
is
to
be
located
and
the
status
10
quo
of
the
petitioner
or
licensee
shall
be
preserved
pending
11
final
disposition
of
the
judicial
review
matter.
12
Sec.
13.
NEW
SECTION
.
135P.13
Penalties.
13
Any
person
establishing,
operating,
or
maintaining
any
14
ambulatory
surgical
center
without
a
license
commits
a
serious
15
misdemeanor,
and
each
day
of
continuing
violation
after
16
conviction
shall
be
considered
a
separate
offense.
17
Sec.
14.
Section
135.11,
Code
2013,
is
amended
by
adding
the
18
following
new
subsection:
19
NEW
SUBSECTION
.
32.
Adopt
rules
requiring
ambulatory
20
surgical
centers
to
report
quality
data
to
the
department
of
21
public
health
that
is
consistent
with
the
data
required
to
be
22
reported
to
the
centers
for
Medicare
and
Medicaid
services
23
of
the
United
States
department
of
health
and
human
services
24
as
authorized
by
the
Medicare
Improvements
and
Extension
Act
25
of
2006
under
Title
I
of
the
Tax
Relief
and
Health
Care
Act
26
of
2006,
Pub.
L.
No.
109-432,
and
the
regulations
adopted
27
under
such
Acts.
Notwithstanding
any
provision
of
law
to
28
the
contrary,
nothing
in
this
subsection
shall
require
an
29
ambulatory
surgical
center
to
provide
health
data
to
the
30
department
of
public
health
or
any
other
public
or
private
31
entity
that
is
in
addition
to,
different
than,
or
exceeds
32
the
quality
data
required
to
be
reported
to
the
centers
for
33
Medicare
and
Medicaid
services
of
the
United
States
department
34
of
health
and
human
services.
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Sec.
15.
EFFECTIVE
DATE.
This
Act
takes
effect
July
1,
1
2014.
2
EXPLANATION
3
This
bill
creates
a
new
Code
chapter
to
provide
for
the
4
licensing
and
regulation
of
ambulatory
surgical
centers.
5
The
bill
defines
“ambulatory
surgical
center”
as
a
distinct
6
facility
that
operates
exclusively
for
the
purpose
of
providing
7
surgical
services
to
patients
not
requiring
hospitalization
8
and
in
which
the
expected
duration
of
services
does
not
9
exceed
24
hours
following
an
admission.
“Ambulatory
surgical
10
center”
does
not
include
individual
or
group
practice
offices
11
of
private
physicians,
podiatrists,
or
dentists
that
do
not
12
contain
a
distinct
area
used
for
outpatient
surgical
treatment
13
on
a
regular
basis,
or
that
only
provide
surgery
routinely
14
provided
in
a
physician’s,
podiatrist’s,
or
dentist’s
office
15
using
local
anesthesia
or
conscious
sedation;
or
a
portion
of
a
16
licensed
hospital
designated
for
outpatient
surgical
treatment.
17
The
department
of
inspections
and
appeals
is
designated
to
18
enforce
the
regulations.
19
The
bill
provides
that
the
purpose
of
the
new
Code
chapter
is
20
to
protect
the
public
health,
safety,
and
welfare
by
providing
21
for
the
licensing
and
regulation
of
ambulatory
surgical
22
centers.
The
bill
prohibits
the
establishment,
operation,
23
or
maintenance
of
an
ambulatory
surgical
center
in
the
state
24
without
obtaining
a
license.
25
The
bill
provides
the
process
for
application
for
licensure.
26
An
application
for
an
initial
license
for
an
ambulatory
27
surgical
center
that
is
in
existence
and
Medicare-certified
28
prior
to
July
1,
2014,
is
required
to
be
accompanied
by
a
fee
of
29
$50.
An
application
for
an
initial
license
for
an
ambulatory
30
surgical
center
established
on
or
after
July
1,
2014,
is
31
required
to
be
accompanied
by
a
fee
sufficient
to
cover
the
32
costs
of
performing
the
required
inspection
in
an
amount
33
provided
in
rules
adopted
by
the
department.
34
The
bill
provides
for
the
issuance
and
renewal
of
licenses.
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A
license
is
to
be
issued
only
for
the
premises
and
persons
1
named
in
the
application;
is
not
transferable
or
assignable
2
except
with
the
written
approval
of
the
department;
and
is
3
required
to
be
posted
in
a
conspicuous
place
on
the
licensed
4
premises
as
prescribed
by
rule
of
the
department.
The
bill
5
provides
that
separate
licenses
are
not
required
for
ambulatory
6
surgical
center
facilities
that
are
maintained
on
the
same
7
physical
site
and
that
have
the
same
ownership
or
control.
8
Multiple
buildings
located
on
the
same
physical
site
under
the
9
same
ownership
or
control
shall
be
considered
one
ambulatory
10
surgical
center
facility
for
purposes
of
the
new
Code
chapter
11
and
Code
chapter
135,
division
VI,
relating
to
the
health
12
facilities
council
and
certificate
of
need
provisions,
and
are
13
to
be
permitted
to
operate
under
one
license.
Licenses
expire
14
on
December
31
of
each
year
and
are
required
to
be
renewed
15
annually.
The
bill
directs
the
department
to
renew
a
license
16
upon
payment
of
a
$500
annual
license
renewal
fee
and
filing
17
of
an
application
for
renewal
at
least
30
days
prior
to
the
18
expiration
of
the
existing
license.
The
annual
licensure
fee
19
is
to
be
dedicated
to
support
the
staffing
necessary
to
conduct
20
the
inspections
and
investigations
under
the
Code
chapter.
21
The
bill
provides
for
denial,
suspension,
or
revocation
of
22
licenses.
A
license
may
be
denied,
suspended,
or
revoked
if
23
the
department
finds
there
has
been
a
substantial
failure
to
24
comply
with
the
Code
chapter
or
the
rules
and
standards
adopted
25
under
the
Code
chapter.
The
denial,
suspension,
or
revocation
26
of
a
license
by
the
department
and
appeal
from
that
action
are
27
governed
by
the
procedures
for
a
contested
case
hearing
under
28
Code
chapter
17A.
The
bill
authorizes
the
department,
after
29
providing
notice
of
noncompliance
and
a
reasonable
time
for
30
corrective
action,
and
if
the
noncompliance
does
not
endanger
31
public
health
or
safety,
to
issue
a
conditional
license
to
the
32
ambulatory
surgical
center
as
an
alternative
to
suspending
or
33
revoking
its
license.
34
The
bill
also
authorizes
the
department
to
issue
an
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emergency
order
to
suspend
a
license
if
the
department
has
1
reasonable
cause
to
believe
that
the
conduct
of
the
ambulatory
2
surgical
center
creates
an
immediate
danger
to
the
public
3
health
or
safety.
On
written
request
of
the
licensee,
the
4
department
is
required
to
conduct
a
hearing
to
determine
if
5
the
emergency
suspension
is
to
be
continued,
modified,
or
6
rescinded.
The
hearing
and
any
appeal
are
governed
by
the
7
department’s
rules
for
a
contested
case
hearing
and
Code
8
chapter
17A.
9
The
bill
directs
the
department
to
adopt
rules
with
the
10
advice
and
approval
of
the
state
board
of
health
to
specify
11
the
standards
for
ambulatory
surgical
centers.
The
rules
are
12
required
to
be
consistent
with
and
not
exceed
the
requirements
13
of
the
Code
chapter
and
the
conditions
for
coverage
in
the
14
federal
Medicare
program
for
ambulatory
surgical
centers.
15
The
department
is
also
directed
to
adopt
rules
relating
to
16
provisions
of
the
Code
chapter
relating
to
the
issuance,
17
renewal,
denial,
suspension,
and
revocation
of
a
license
to
18
establish,
operate,
and
maintain
an
ambulatory
surgical
center.
19
If
an
ambulatory
surgical
center
is
in
operation
at
the
time
of
20
adoption
of
any
applicable
rules
or
standards,
the
center
is
21
to
be
given
a
reasonable
time,
not
to
exceed
one
year
from
the
22
date
of
adoption,
within
which
to
comply
with
such
rules
and
23
standards.
24
The
bill
provides
for
inspections
or
investigations
of
25
ambulatory
surgical
centers,
and
directs
that
the
department
26
shall
perform
inspections
on
a
schedule
that
is
of
the
same
27
frequency
required
for
inspections
of
Medicare-certified
28
ambulatory
surgical
centers.
The
bill
also
requires
the
29
department
to
recognize,
in
lieu
of
its
own
licensure
30
inspection,
the
comparable
inspection
and
inspection
findings
31
of
a
Medicare
conditions
for
coverage
survey.
32
The
bill
prohibits
a
department
inspector
from
participating
33
in
an
inspection
or
investigation
of
an
ambulatory
surgical
34
center
in
which
the
inspector
or
a
member
of
the
inspector’s
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immediate
family
works
or
has
worked
within
the
last
two
years
1
or
in
which
the
inspector
or
the
inspector’s
immediate
family
2
has
a
financial
ownership
interest.
3
The
bill
requires
an
ambulatory
surgical
center
to
comply
4
with
child
and
dependent
adult
abuse
information
and
criminal
5
record
checks
and
evaluations
in
the
same
manner
as
provided
6
for
hospitals,
but
specifically
provides
that
the
authorization
7
of
an
exemption
from
a
reevaluation
of
the
person’s
criminal
8
or
abuse
record
prior
to
commencing
employment
is
subject
to
9
specific
provisions.
The
bill
also
authorizes
an
ambulatory
10
surgical
center
to
access
the
single
contact
repository
11
established
by
the
department
as
necessary
for
the
ambulatory
12
surgical
center
to
perform
record
checks
of
persons
employed
13
or
being
considered
for
employment
by
the
ambulatory
surgical
14
center.
15
The
bill
provides
confidentiality
provisions
relating
to
16
ambulatory
surgical
center
information.
The
final
findings
or
17
the
final
survey
findings
of
an
accrediting
body
with
respect
18
to
compliance
by
an
ambulatory
surgical
center
are
to
be
19
made
available
to
the
public
in
a
readily
available
form
and
20
place.
Other
information
relating
to
an
ambulatory
surgical
21
center
shall
not
be
made
available
to
the
public,
except
in
22
proceedings
involving
the
denial,
suspension,
or
revocation
of
23
a
license.
The
name
of
a
person
who
files
a
complaint
with
24
the
department
is
required
to
remain
confidential
and
not
25
be
subject
to
discovery,
subpoena,
or
other
means
of
legal
26
compulsion.
27
The
bill
provides
for
injunctive
relief
and
judicial
review.
28
The
bill
provides
that
any
person
establishing,
operating,
29
or
maintaining
an
ambulatory
surgical
center
without
a
license
30
commits
a
serious
misdemeanor,
and
each
day
of
continuing
31
violation
after
conviction
shall
be
considered
a
separate
32
offense.
A
serious
misdemeanor
is
punishable
by
confinement
33
for
no
more
than
one
year
and
a
fine
of
at
least
$315
but
not
34
more
than
$1,875.
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The
bill
also
directs
the
department
of
public
health
1
to
adopt
rules
requiring
ambulatory
surgical
centers
to
2
report
quality
data
to
the
department
of
public
health
that
3
is
consistent
with
the
data
required
to
be
reported
to
the
4
centers
for
Medicare
and
Medicaid
services
of
the
United
States
5
department
of
health
and
human
services.
However,
the
rules
6
are
not
to
require
an
ambulatory
surgical
center
to
provide
7
health
data
to
the
department
of
public
health
or
any
other
8
public
or
private
entity
that
is
in
addition
to,
different
9
than,
or
exceeds
the
quality
data
required
to
be
reported
to
10
the
centers
for
Medicare
and
Medicaid
services
of
the
United
11
States
department
of
health
and
human
services.
12
The
bill
takes
effect
July
1,
2014.
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