Iowa HSB 691: A bill for an act 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.

Bill Text

House Study Bill 691 - Introduced
HOUSE FILE _____
BY (PROPOSED COMMITTEE ON
HEALTH AND HUMAN SERVICES
BILL BY CHAIRPERSON MEYER)
A BILL FOR
An Act relating to health care facilities, including joint1
training sessions and review of certain citations for2
nursing facilities, and exceptions to on-site inspections of3
health care facilities following complaints.4
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:5
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Section 1. NEW SECTION. 135C.35C Nursing facilities ——1
joint training sessions.2
The department shall semiannually provide joint training3
sessions for inspectors and nursing facilities to review at4
least three of the ten most frequently issued federal citations5
in the state during the immediately preceding calendar year.6
The department shall develop a protocol to identify regional7
citation patterns relating to complaints, standards, and8
outcomes in the nursing facility inspection process. The9
department shall include the state long-term care ombudsman,10
or the state long-term care ombudsman’s designee, and11
representatives of each nursing facility provider association12
in the state in the planning process for the joint training13
sessions.14
Sec. 2. Section 135C.38, subsection 1, paragraph a,15
unnumbered paragraph 1, Code 2024, is amended to read as16
follows:17
Upon receipt of a complaint made in accordance with section18
135C.37, the department shall make a preliminary review of19
the complaint. Unless the department concludes that the20
complaint is intended to harass a facility or a licensee, or21
is without reasonable basis, involves an issue that is either22
the same subject of an incident self-reported by a facility23
or of a complaint otherwise reported within the immediately24
preceding ninety calendar days, or is a complaint that may25
be investigated by the department off site through access26
to electronic records and via telephonic interviews, the27
department shall make or cause to be made an on-site inspection28
of the health care facility which is the subject of the29
complaint within the time period determined pursuant to the30
following guidelines, which period shall commence on the date31
of receipt of the complaint:32
Sec. 3. Section 135C.40, subsection 1, Code 2024, is amended33
by adding the following new paragraph:34
NEW PARAGRAPH. d. (1) The department shall establish and35
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maintain a process to review each citation issued for immediate1
jeopardy or substandard quality of care prior to issuance of2
final findings under section 135C.40A. Representatives of the3
nursing facility issued such a citation may participate in4
the review to provide context and evidence for the department5
to consider in determining if a final finding of immediate6
jeopardy or substandard quality of care should be issued. The7
review shall ensure consistent and accurate application of8
federal and state inspection protocols and defined regulatory9
standards.10
(2) For the purposes of this paragraph:11
(a) “Immediate jeopardy” means a situation in which the12
provider’s noncompliance with one or more requirements of13
participation has caused, or is likely to cause, serious14
injury, harm, impairment, or death to a resident.15
(b) “Likely” means probable and reasonably to be expected,16
and suggests a greater degree of probability than a mere risk,17
potential, or possibility that a particular event will cause18
serious injury, harm, impairment, or death to a resident.19
(c) “Substandard quality of care” means the same as defined20
in 42 C.F.R. §488.301.21
EXPLANATION22
The inclusion of this explanation does not constitute agreement with23
the explanation’s substance by the members of the general assembly.24
This bill relates to health care facility regulation,25
including inspections and review of citations.26
The bill requires the department of inspections, appeals,27
and licensing (DIAL) to semiannually provide joint training28
sessions for inspectors and nursing facilities to review at29
least three of the 10 most frequently issued federal citations30
in the state during the immediately preceding calendar year.31
DIAL shall develop a protocol to identify regional citation32
patterns relating to complaints, standards, and outcomes in33
the nursing facility inspection process, and shall include the34
state long-term care ombudsman or designee, and representatives35
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of each nursing facility provider association in the state in1
the planning process for the joint training sessions.2
Under Code section 135C.38(1), DIAL, upon receipt of3
a complaint regarding a health care facility shall make a4
preliminary review of the complaint and unless DIAL concludes5
the complaint is intended to harass a facility or licensee or6
is without a reasonable basis, shall make or cause to be made7
an on-site inspection of the health care facility. The bill8
adds additional exce