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Amendment H-8044 to HF 2585
Relating to health care facilities, including joint training sessions and review of certain citations for nursing facilities, and exceptions to on-site inspections of health care facilities following complaints
Ruled not germane · February 26, 2024Strike everything: replaces the whole bill
Filed February 22, 2024 in the House by
What it changes
AI summary This amendment replaces the entire bill and changes the timeline for starting on-site inspections for high-level, non-immediate jeopardy complaints from ten working days to five working days. It also increases the budget and the number of full-time equivalent positions for health facility regulation.1
Read the amendment’s wording
- By striking everything after the enacting clause and inserting: “Section
- Section 135C.16, subsection 1, Code 2024, is amended to read as follows:
- In addition to the inspections required by sections 135C.9 and 135C.38 , the department shall make or cause to be made such further unannounced inspections as it deems necessary to adequately enforce this chapter . At least one general unannounced inspection shall be conducted for each health care facility , that is other than a nursing facility, within a thirty-month period. On average, at least one general unannounced inspection shall be conducted for each nursing facility within a twelve-month period. The inspector shall show identification to the person in charge of the facility and state that an inspection is to be made before beginning the inspection. An employee of the department who gives unauthorized advance notice of an inspection made or planned to be made under this subsection or section 135C.38 shall be disciplined as determined by the director, except that if the employee is employed pursuant to the merit system provisions of chapter 8A, subchapter IV , the discipline shall not exceed the discipline authorized pursuant to that subchapter. Sec.
- NEW SECTION . 135C.35C Nursing facilities —— joint training sessions. The department shall semiannually provide joint training sessions for inspectors and nursing facilities to review at least three of the ten most frequently issued federal citations in the state during the immediately preceding calendar year. The department shall develop a protocol to identify regional citation patterns relating to complaints, standards, and outcomes in the nursing facility inspection process. The department shall include the state long-term care ombudsman, or the state long-term care ombudsman’s designee, and representatives of each nursing facility provider association in the state in the planning process for the joint training sessions. Sec.
- Section 135C.38, subsection 1, paragraph a, subparagraph (1), Code 2024, is amended to read as follows: (1) For nursing facilities, an on-site inspection shall be initiated as follows: (a) Within two one working days day for a complaint determined by the department to be an alleged immediate jeopardy situation. (b) Within ten five working days for a complaint determined by the department to be an alleged high-level, nonimmediate jeopardy situation. (c) Within forty-five calendar days for a complaint determined by the department to be an alleged nonimmediate jeopardy situation, other than a high-level situation. Sec.
- 2023 Iowa Acts, chapter 108, section 7, subsection 4, is amended to read as follows:
- HEALTH FACILITIES a. For salaries, support, maintenance, and miscellaneous purposes, and for not more than the following full-time equivalent positions: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,862,971 6,262,971 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 115.00 145.00 b. The department shall make all of the following information available to the public as part of the department’s development efforts to revise the department’s internet site: (1) The number of inspections of health facilities conducted by the department annually by type of service provider and type of inspection. (2) The total annual operations budget for the department that is associated with health facilities regulation, including general fund appropriations and federal contract dollars received by type of service provider inspected. (3) The total number of full-time equivalent positions in the department that are associated with health facilities regulation, to include the number of full-time equivalent positions serving in a supervisory capacity, and serving as surveyors, inspectors, or monitors in the field by type of service provider inspected. (4) Identification of state and federal survey trends, cited regulations, the scope and severity of deficiencies identified, and federal and state fines assessed and collected concerning nursing and assisted living facilities and programs. c. It is the intent of the general assembly that the department continuously solicit input from health facilities regulated by the department to assess and improve the department’s level of collaboration and to identify new opportunities for cooperation. d. Of the funds appropriated in this subsection, $2,400,000 shall be used to employ additional nursing facility inspectors and assisted living program monitors to perform additional safety inspections. Sec.
- EFFECTIVE DATE. The following, being deemed of immediate importance, takes effect upon enactment: The section of this Act amending 2023 Iowa Acts, chapter 108, section 7, subsection 4, relating to health facilities. Sec.
- RETROACTIVE APPLICABILITY. The following applies retroactively to July 1, 2023: The section of this Act amending 2023 Iowa Acts, chapter 108, section 7, subsection 4, relating to health facilities.”
- Title page, by striking lines 2 through 4 and inserting “training sessions and inspection requirements, making an appropriation, and including effective date and retroactive applicability provisions.”