A bill for an act relating to private pay per diem rates at nursing facilities.

House

File

813

-

Introduced

HOUSE

FILE

813

BY

GERHOLD

A

BILL

FOR

An

Act

relating

to

private

pay

per

diem

rates

at

nursing

1

facilities.

2

BE

IT

ENACTED

BY

THE

GENERAL

ASSEMBLY

OF

THE

STATE

OF

IOWA:

3

TLSB

1172YH

(5)

91

dg/ko

H.F.

813

Section

1.

NEW

SECTION

.

135C.35D

Nursing

facilities

——

1

private

pay

per

diem

rates.

2

1.

For

purposes

of

this

section,

“per

diem

rate”

means

3

the

daily

rate

a

nursing

facility

charges

a

private

pay

4

individual

to

reside

in

the

nursing

facility

pursuant

to

a

5

contract

executed

by

the

nursing

facility

and

the

private

pay

6

individual.

7

2.

a.

A

nursing

facility

shall

not

increase

a

per

diem

8

rate

by

a

percentage

greater

than

the

percentage

change

in

9

the

consumer

price

index

for

all

urban

consumers

for

the

last

10

available

twelve-month

period

published

in

the

federal

register

11

by

the

federal

bureau

of

labor

statistics.

12

b.

A

nursing

facility

shall

not

increase

the

per

diem

rate

13

for

at

least

twelve

consecutive

months

from

the

date

the

per

14

diem

rate

was

established.

15

c.

A

nursing

facility

shall

not

increase

the

per

diem

rate

16

more

than

one

time

in

any

consecutive

twelve-month

period.

17

3.

A

nursing

facility

not

in

compliance

with

this

section

18

shall

not

be

eligible

to

renew

a

license

under

this

chapter.

19

4.

The

department

shall

implement

rules

pursuant

to

chapter

20

17A

to

implement

this

section.

Rules

shall

include

but

not

be

21

limited

to

a

requirement

that

each

nursing

facility

submit

a

22

list

of

each

per

diem

rate

charged

by

the

nursing

facility

to

23

the

department

on

an

annual

basis.

Each

nursing

facility

shall

24

provide

the

information

to

the

department

in

a

format

approved

25

by

the

department

that

does

not

disclose

the

identity

of

any

26

private

pay

individual.

27

5.

This

section

applies

to

per

diem

rates

that

are

28

established

or

renewed

on

or

after

the

effective

date

of

this

29

Act.

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

relates

to

private

pay

per

diem

rates

at

nursing

34

facilities.

35

-1-

LSB

1172YH

(5)

91

dg/ko

1/

2

H.F.

813

The

bill

defines

“per

diem

rate”

(per

diem)

as

the

daily

rate

1

a

nursing

facility

(facility)

charges

a

private

pay

individual

2

to

reside

in

the

facility

pursuant

to

a

contract

executed

by

3

the

facility

and

the

private

pay

individual.

4

The

bill

prohibits

facilities

from

increasing

a

per

diem

by

5

a

percentage

greater

than

the

percentage

change

in

the

consumer

6

price

index

for

all

urban

consumers

for

the

last

available

7

12-month

period

published

in

the

federal

register

by

the

8

federal

bureau

of

labor

statistics.

Facilities

cannot

change

a

9

per

diem

within

12

months

of

establishing

the

per

diem

or

more

10

than

once

in

a

consecutive

12-month

period.

11

A

facility

is

ineligible

to

renew

its

license

unless

the

12

facility

is

in

compliance

with

the

bill.

13

The

bill

requires

the

department

of

inspections,

appeals,

14

and

licensing

(DIAL)

to

adopt

rules

to

implement

the

bill.

The

15

rules

must

include

but

not

be

limited

to

requiring

facilities

16

to

submit

a

list

of

each

per

diem

charged

by

the

facility

to

17

DIAL

on

an

annual

basis

in

a

format

approved

by

DIAL

that

does

18

not

disclose

the

identity

of

any

private

pay

individual.

19

The

bill

applies

to

per

diems

established

or

renewed

on

or

20

after

the

bill’s

effective

date.

21

-2-

LSB

1172YH

(5)

91

dg/ko

2/

2