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| 1 | 1 | 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 | |
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| 3 | 3 | 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 facilitys 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 facilitys 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 facilitys 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 facilitys 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 | |
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| 5 | 5 | 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 explanations 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 |