Read the full stored bill text
Senate
File
531
-
Introduced
SENATE
FILE
531
BY
CELSI
A
BILL
FOR
An
Act
relating
to
nursing
facilities
and
submission
of
the
1
financial
and
statistical
report.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
1525XS
(3)
91
lh/ko
S.F.
531
Section
1.
NURSING
FACILITIES
FINANCIAL
AND
STATISTICAL
1
REPORT
REIMBURSABLE
COSTS.
The
department
of
health
and
human
2
services
shall
adopt
rules
pursuant
to
chapter
17A
to
amend
441
3
IAC
81.6(11)(o)
to
do
all
of
the
following:
4
1.
Include
the
following
in
certain
expenses
that
are
not
5
normally
incurred
in
providing
patient
care
that
shall
be
6
eliminated
or
limited
from
a
nursing
facility’s
financial
and
7
statistical
report:
8
a.
Association
dues.
9
b.
Fees
or
a
portion
of
fees
used
or
designated
for
10
lobbying.
11
c.
Nonrefundable
and
unused
retainers.
12
d.
Fees
paid
by
the
nursing
facility
for
the
benefit
of
the
13
nursing
facility’s
employees.
14
e.
Legal
fees,
expenses
related
to
expert
witnesses,
15
accounting
fees,
and
other
consulting
fees
incurred
in
an
16
administrative
or
judicial
proceeding
unless
allowed
in
17
subsection
2.
18
2.
A
nursing
facility
may
include
the
following
in
the
19
nursing
facility’s
financial
and
statistical
report
in
the
20
following
circumstances:
21
a.
Accounting,
consulting,
and
other
professional
fees
if
22
the
fees
are
directly
related
to
patient
care
and
individually
23
listed
in
the
nursing
facility’s
cost
reports.
24
b.
Reasonable
legal
expenses
incurred
in
an
administrative
25
or
judicial
proceeding
if
all
of
the
following
apply:
26
(1)
The
expense
has
been
incurred
and
has
been
paid,
and
is
27
reported
in
the
fiscal
period
in
which
a
final
determination
28
was
made
in
the
administrative
or
judicial
proceeding.
29
(2)
The
expense
is
a
reasonable
expenditure
for
the
30
services
obtained
by
the
nursing
facility.
Reasonable
attorney
31
compensation
may
not
exceed
the
following:
32
(a)
Seventy-eight
dollars
per
hour
for
a
class
I
violation
33
or
an
immediate
jeopardy
safety
violation.
34
(b)
Seventy-three
dollars
per
hour
for
a
class
II
violation.
35
-1-
LSB
1525XS
(3)
91
lh/ko
1/
2
S.F.
531
(c)
Sixty-eight
dollars
per
hour
for
all
other
cases.
1
(3)
The
nursing
facility
made
a
good-faith
effort
to
settle
2
the
disputed
issue
before
the
administrative
or
judicial
3
proceeding
concluded.
4
(4)
The
facility
prevailed
on
the
challenged
deficient
5
practice.
6
EXPLANATION
7
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
8
the
explanation’s
substance
by
the
members
of
the
general
assembly.
9
This
bill
relates
to
reimbursable
costs
submitted
by
nursing
10
facilities
for
the
financial
and
statistical
report
(report).
11
The
bill
requires
the
department
of
health
and
human
12
services
to
adopt
rules
to
amend
441
IAC
81.6(11)(o),
the
13
reimbursable
costs
a
nursing
facility
is
allowed
to
submit
in
14
the
report.
15
A
nursing
facility
shall
not
include
certain
expenses
in
the
16
report
that
are
related
to
association
dues,
lobbying
costs,
17
retainers,
employees,
and
certain
legal
fees
as
detailed
in
the
18
bill.
Certain
professional
fees
and
certain
legal
fees
that
19
are
directly
related
to
patient-related
care
may
be
included
in
20
the
report
as
described
in
the
bill.
21
-2-
LSB
1525XS
(3)
91
lh/ko
2/
2