Senate Study Bill 1081 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF INSPECTIONS, APPEALS, AND LICENSING BILL) A BILL FOR An Act relating to the review by the department of inspections, 1 appeals, and licensing of certain deficient practices by 2 nursing facilities. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1401DP (3) 91 dg/ko
S.F. _____ H.F. _____ Section 1. Section 135C.40, subsection 1, paragraph d, 1 subparagraph (1), Code 2025, is amended to read as follows: 2 (1) The department shall establish and maintain a 3 process to review each deficient practice identified by the 4 department for which a citation may be issued to a nursing 5 facility for immediate jeopardy or substandard quality of care 6 prior to issuance of final findings under section 135C.40A . 7 Representatives of the nursing facility issued such a citation 8 may participate in the review to provide context and or 9 evidence for the department to consider in determining if a 10 final finding of immediate jeopardy or substandard quality of 11 care should be issued. The review shall ensure consistent and 12 accurate application of federal and state inspection protocols 13 and defined regulatory standards. 14 EXPLANATION 15 The inclusion of this explanation does not constitute agreement with 16 the explanations substance by the members of the general assembly. 17 This bill relates to the review by the department of 18 inspections, appeals, and licensing (DIAL) of certain deficient 19 practices by nursing facilities (facilities). 20 Under current law, if the director of DIAL determines, 21 based on the findings of an inspection or investigation 22 of a facility, that the facility is in violation of Code 23 chapter 135C (health care facilities) or rules adopted under 24 that chapter, the director may issue a written citation to 25 the facility within five days of the determination. After 26 receiving a citation, the facility may send representatives 27 to provide context and evidence for DIAL to consider when 28 determining a final finding on the matter. A citation issued 29 for noncompliance that has caused, or is likely to cause, 30 serious injury, harm, impairment, or death to a resident is a 31 citation for immediate jeopardy. 32 Under the bill, DIAL must establish and maintain a process 33 to review each deficient practice for which a citation may be 34 issued to a facility so that representatives of the facility 35 -1- LSB 1401DP (3) 91 dg/ko 1/ 2
S.F. _____ H.F. _____ may provide context or evidence to DIAL prior to DIAL issuing 1 a citation. 2 -2- LSB 1401DP (3) 91 dg/ko 2/ 2