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House
File
224
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Introduced
HOUSE
FILE
224
BY
DIEKEN
A
BILL
FOR
An
Act
eliminating
certificate
of
need
requirements
and
the
1
state
health
facilities
council.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
135.131,
subsection
1,
paragraph
a,
Code
1
2025,
is
amended
to
read
as
follows:
2
a.
“Birth
center”
means
birth
center
as
defined
in
section
3
10A.711
a
facility
or
institution,
which
is
not
an
ambulatory
4
surgical
center
or
a
hospital
or
in
a
hospital
in
which
5
births
are
planned
to
occur
following
a
normal,
uncomplicated,
6
low-risk
pregnancy
.
7
Sec.
2.
Section
135C.2,
subsection
5,
unnumbered
paragraph
8
1,
Code
2025,
is
amended
to
read
as
follows:
9
The
department
shall
establish
a
special
classification
10
within
the
residential
care
facility
category
in
order
to
11
foster
the
development
of
residential
care
facilities
which
12
serve
persons
with
an
intellectual
disability,
chronic
mental
13
illness,
a
developmental
disability,
or
brain
injury,
as
14
described
under
section
225C.26
,
and
which
contain
five
or
15
fewer
residents.
A
facility
within
the
special
classification
16
established
pursuant
to
this
subsection
is
exempt
from
the
17
requirements
of
section
10A.713
.
The
department
shall
adopt
18
rules
which
are
consistent
with
rules
previously
developed
19
for
the
waiver
demonstration
project
pursuant
to
1986
Iowa
20
Acts,
ch.
1246,
§206
,
and
which
include
all
of
the
following
21
provisions:
22
Sec.
3.
Section
135P.1,
subsection
3,
Code
2025,
is
amended
23
to
read
as
follows:
24
3.
“Health
facility”
means
an
institutional
health
facility
25
as
defined
in
section
10A.711
,
a
hospice
licensed
under
chapter
26
135J
,
a
home
health
agency
as
defined
in
section
144D.1
,
an
27
assisted
living
program
certified
under
chapter
231C
,
a
clinic,
28
a
community
health
center,
or
the
university
of
Iowa
hospitals
29
and
clinics,
and
includes
any
corporation,
professional
30
corporation,
partnership,
limited
liability
company,
limited
31
liability
partnership,
or
other
entity
comprised
of
such
health
32
facilities.
For
purposes
of
this
subsection,
institutional
33
health
facility
includes
any
of
the
following,
without
regard
34
to
whether
the
facilities
referred
to
are
publicly
or
privately
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owned
or
are
organized
for
profit
or
not
or
whether
the
1
facilities
are
part
of
or
sponsored
by
a
health
maintenance
2
organization:
3
a.
A
hospital.
4
b.
A
health
care
facility.
5
c.
An
organized
outpatient
health
facility.
6
d.
An
ambulatory
surgical
center.
7
e.
A
community
mental
health
facility.
8
f.
A
birth
center.
9
Sec.
4.
Section
231C.3,
subsection
2,
Code
2025,
is
amended
10
to
read
as
follows:
11
2.
Each
assisted
living
program
operating
in
this
state
12
shall
be
certified
by
the
department.
If
an
assisted
living
13
program
is
voluntarily
accredited
by
a
recognized
accrediting
14
entity,
the
department
shall
certify
the
assisted
living
15
program
on
the
basis
of
the
voluntary
accreditation.
An
16
assisted
living
program
that
is
certified
by
the
department
on
17
the
basis
of
voluntary
accreditation
shall
not
be
subject
to
18
payment
of
the
certification
fee
prescribed
in
section
231C.18
,
19
but
shall
be
subject
to
an
administrative
fee
as
prescribed
by
20
rule.
An
assisted
living
program
certified
under
this
section
21
is
exempt
from
the
requirements
of
section
10A.713
relating
to
22
certificate
of
need
requirements.
23
Sec.
5.
Section
249K.2,
subsection
5,
Code
2025,
is
amended
24
to
read
as
follows:
25
5.
“New
construction”
means
the
construction
of
a
new
26
nursing
facility
which
does
not
replace
an
existing
licensed
27
and
certified
facility
and
requires
the
provider
to
obtain
a
28
certificate
of
need
pursuant
to
chapter
10A,
subchapter
VII
.
29
Sec.
6.
Section
505.27,
subsection
5,
paragraph
a,
Code
30
2025,
is
amended
to
read
as
follows:
31
a.
“Health
care
provider”
means
the
same
as
defined
in
32
section
10A.711
,
a
any
of
the
following:
33
(1)
A
person
licensed
or
certified
under
chapter
147,
148,
34
148A,
148C,
149,
151,
152,
153,
154,
154B,
154F,
or
155A
to
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provide
in
this
state
professional
health
care
service
to
an
1
individual
during
that
individual’s
medical
care,
treatment,
2
or
confinement.
3
(2)
A
hospital
licensed
pursuant
to
chapter
135B
,
or
a
.
4
(3)
A
health
care
facility
licensed
pursuant
to
chapter
5
135C
.
6
Sec.
7.
Section
708.3A,
subsection
5,
paragraph
d,
Code
7
2025,
is
amended
to
read
as
follows:
8
d.
“Health
care
provider”
means
an
emergency
medical
care
9
provider
as
defined
in
chapter
147A
or
a
person
licensed
10
or
registered
under
chapter
148
,
148C
,
148D
,
or
152
who
is
11
providing
or
who
is
attempting
to
provide
emergency
medical
12
services,
as
defined
in
section
147A.1
,
or
who
is
providing
13
or
who
is
attempting
to
provide
health
services
as
defined
in
14
section
10A.711
clinically
related
diagnostic,
curative,
or
15
rehabilitative
services,
including
substance
use
disorder
and
16
mental
health
services,
in
a
hospital.
A
person
who
commits
an
17
assault
under
this
section
against
a
health
care
provider
in
18
a
hospital,
or
at
the
scene
or
during
out-of-hospital
patient
19
transportation
in
an
ambulance,
is
presumed
to
know
that
the
20
person
against
whom
the
assault
is
committed
is
a
health
care
21
provider.
22
Sec.
8.
REPEAL.
Sections
10A.711,
10A.712,
10A.713,
23
10A.714,
10A.715,
10A.716,
10A.717,
10A.718,
10A.719,
10A.720,
24
10A.721,
10A.722,
10A.723,
and
135B.5A,
Code
2025,
are
25
repealed.
26
EXPLANATION
27
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
28
the
explanation’s
substance
by
the
members
of
the
general
assembly.
29
This
bill
eliminates
certificate
of
need
(CON)
requirements
30
and
the
state
health
facilities
council
(council).
31
Under
current
law,
certain
health
care
providers
are
32
required
to
obtain
a
CON
from
the
department
of
inspections,
33
appeals,
and
licensing
(DIAL)
prior
to
creating
or
expanding
a
34
medical
facility
or
introducing
certain
medical
services
within
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a
specific
area.
To
obtain
a
CON,
a
health
care
provider
1
must
proceed
through
an
application
process
implemented
and
2
administered
by
DIAL
and
the
council.
3
The
bill
makes
conforming
changes
to
Code
sections
4
135.131
(universal
newborn
and
infant
hearing
screening),
5
135C.2
(health
care
facilities
——
purpose
——
rules
——
6
special
classifications
——
protection
and
advocacy
agency),
7
135P.1
(adverse
health
care
incidents
——
definitions),
8
231C.3
(certification
of
assisted
living
programs),
249K.2
9
(nursing
facility
construction
or
expansion),
505.27
(medical
10
malpractice
insurance
——
annual
claims
reports
required),
and
11
708.3A
(assaults
on
persons
engaged
in
certain
occupations).
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