House File 2585 - Reprinted HOUSE FILE 2585 BY COMMITTEE ON HEALTH AND HUMAN SERVICES (SUCCESSOR TO HSB 691) (As Amended and Passed by the House February 26, 2024 ) A BILL FOR An Act relating to health care facilities, including joint 1 training sessions and review of certain citations for 2 nursing facilities, and exceptions to on-site inspections of 3 health care facilities following complaints. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 HF 2585 (2) 90 pf/ko/md
H.F. 2585 Section 1. NEW SECTION . 135C.35C Nursing facilities 1 joint training sessions. 2 The department shall semiannually provide joint training 3 sessions for inspectors and nursing facilities to review at 4 least three of the ten most frequently issued federal citations 5 in the state during the immediately preceding calendar year. 6 The department shall develop a protocol to identify regional 7 citation patterns relating to complaints, standards, and 8 outcomes in the nursing facility inspection process. The 9 department shall include the state long-term care ombudsman, 10 or the state long-term care ombudsmans designee, and 11 representatives of each nursing facility provider association 12 in the state in the planning process for the joint training 13 sessions. 14 Sec. 2. Section 135C.38, subsection 1, paragraph a, 15 unnumbered paragraph 1, Code 2024, is amended to read as 16 follows: 17 Upon receipt of a complaint made in accordance with section 18 135C.37 , the department shall make a preliminary review of the 19 complaint. Unless the department concludes that the complaint 20 is intended to harass a facility or a licensee , or is without 21 reasonable basis, involves an issue that is either the same 22 subject of an incident self-reported by a facility or of a 23 complaint for which the self-reported incident or complaint 24 investigation concluded within the immediately preceding ninety 25 calendar days, or is a complaint that may be investigated by 26 the department off site through access to electronic records 27 and via telephonic interviews, the department shall make or 28 cause to be made an on-site inspection of the health care 29 facility which is the subject of the complaint within the time 30 period determined pursuant to the following guidelines, which 31 period shall commence on the date of receipt of the complaint: 32 Sec. 3. Section 135C.40, subsection 1, Code 2024, is amended 33 by adding the following new paragraph: 34 NEW PARAGRAPH . d. (1) The department shall establish and 35 -1- HF 2585 (2) 90 pf/ko/md 1/ 2
H.F. 2585 maintain a process to review each citation issued for immediate 1 jeopardy or substandard quality of care prior to issuance of 2 final findings under section 135C.40A. Representatives of the 3 nursing facility issued such a citation may participate in 4 the review to provide context and evidence for the department 5 to consider in determining if a final finding of immediate 6 jeopardy or substandard quality of care should be issued. The 7 review shall ensure consistent and accurate application of 8 federal and state inspection protocols and defined regulatory 9 standards. 10 (2) For the purposes of this paragraph: 11 (a) Immediate jeopardy means a situation in which the 12 providers noncompliance with one or more requirements of 13 participation has caused, or is likely to cause, serious 14 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 cause 18 serious injury, harm, impairment, or death to a resident. 19 (c) Substandard quality of care means the same as defined 20 in 42 C.F.R. 488.301. 21 -2- HF 2585 (2) 90 pf/ko/md 2/ 2