Read the full stored bill text
Senate
File
385
-
Introduced
SENATE
FILE
385
BY
COMMITTEE
ON
HEALTH
AND
HUMAN
SERVICES
(SUCCESSOR
TO
SSB
1081)
(COMPANION
TO
HF
309
BY
COMMITTEE
ON
HEALTH
AND
HUMAN
SERVICES)
A
BILL
FOR
An
Act
relating
to
the
review
by
the
department
of
inspections,
1
appeals,
and
licensing
of
certain
deficient
practices
by
2
nursing
facilities.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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385
Section
1.
Section
135C.40,
subsection
1,
paragraph
d,
1
subparagraph
(1),
Code
2025,
is
amended
to
read
as
follows:
2
(1)
The
department
shall
establish
and
maintain
a
3
process
to
review
each
deficient
practice
identified
by
the
4
department
for
which
a
citation
may
be
issued
to
a
nursing
5
facility
for
immediate
jeopardy
or
substandard
quality
of
care
6
prior
to
issuance
of
final
findings
under
section
135C.40A
.
7
Representatives
of
the
nursing
facility
issued
such
a
citation
8
may
participate
in
the
review
to
provide
context
and
or
9
evidence
for
the
department
to
consider
in
determining
if
a
10
final
finding
of
immediate
jeopardy
or
substandard
quality
of
11
care
should
be
issued.
The
review
shall
ensure
consistent
and
12
accurate
application
of
federal
and
state
inspection
protocols
13
and
defined
regulatory
standards.
14
EXPLANATION
15
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
16
the
explanation’s
substance
by
the
members
of
the
general
assembly.
17
This
bill
relates
to
the
review
by
the
department
of
18
inspections,
appeals,
and
licensing
(DIAL)
of
certain
deficient
19
practices
by
nursing
facilities
(facilities).
20
Under
current
law,
if
the
director
of
DIAL
determines,
21
based
on
the
findings
of
an
inspection
or
investigation
22
of
a
facility,
that
the
facility
is
in
violation
of
Code
23
chapter
135C
(health
care
facilities)
or
rules
adopted
under
24
that
chapter,
the
director
may
issue
a
written
citation
to
25
the
facility
within
five
days
of
the
determination.
After
26
receiving
a
citation,
the
facility
may
send
representatives
27
to
provide
context
and
evidence
for
DIAL
to
consider
when
28
determining
a
final
finding
on
the
matter.
A
citation
issued
29
for
noncompliance
that
has
caused,
or
is
likely
to
cause,
30
serious
injury,
harm,
impairment,
or
death
to
a
resident
is
a
31
citation
for
immediate
jeopardy.
32
Under
the
bill,
DIAL
must
establish
and
maintain
a
process
33
to
review
each
deficient
practice
for
which
a
citation
may
be
34
issued
to
a
facility
so
that
representatives
of
the
facility
35
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385
may
provide
context
or
evidence
to
DIAL
prior
to
DIAL
issuing
1
a
citation.
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