Iowa 2023-2024 Regular Session Status: Enacted 1 R cosponsors

SF 75 — A bill for an act relating to certain health facilities including ambulatory surgical centers and rural emergency hospitals, including licensing requirements and fees, providing penalties and making penalties applicable, providing emergency rulemaking authority, and including applicability and effective date provisions. Effective date: 03/28/2023, 07/01/2023. Contingent applicability date.

Last action — Signed by Governor.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 12, 2023. Enacted.

Signed by Governor Kim Reynolds (Republican) on March 28, 2023.

Prognosis

Advancing 52% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 R).

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

518 added · 542 removed

518 line(s) added, 542 removed.

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KMRENLDS OFFICE OF THE GOVERNOR AAMGEGG GVENOR TGVENOR Mach8,03 TheooabePulae Sceayofttefowa SaeCptl Desons,owa019 DarM.Sceay, Ihrbyrnm:
Senate File 75 - Enrolled Senate File 75 AN ACT RELATING TO CERTAIN HEALTH FACILITIES INCLUDING AMBULATORY SURGICAL CENTERS AND RURAL EMERGENCY HOSPITALS, INCLUDING LICENSING REQUIREMENTS AND FEES, PROVIDING PENALTIES AND MAKING PENALTIES APPLICABLE, PROVIDING EMERGENCY RULEMAKING AUTHORITY, AND INCLUDING APPLICABILITY AND EFFECTIVE DATE PROVISIONS.
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.1 SSF INI II IA , !Iiil 1Il ll l1 l il1 !IRl il I il l6!II LI1II11I1 11 01 6I1b Senate File 75 AN ACT RELATING TO CERTAIN HEALTH FACILITIES INCLUDING AMBULATORY SURGICAL CENTERS AND RURAL EMERGENCY HOSPITALS, INCLUDING LICENSING REQUIREMENTS AND FEES, PROVIDING PENALTIES AND MAKING PENALTIES APPLICABLE, PROVIDING EMERGENCY RULEMAKING AUTHORITY, AND INCLUDING APPLICABILITY AND EFFECTIVE DATE PROVISIONS.
DIVISION I RURAL EMERGENCY HOSPITALS Section 1 .
DIVISION I RURAL EMERGENCY HOSPITALS Section 1.
NEW SUBSECTION.
NEW SUBSECTION .
"Rural emergency hospital - means a facility that provides rural emergency hospital services in the facility twenty-four hours per day, seven days per week;
“Rural emergency hospital” means a facility that provides rural emergency hospital services in the facility twenty-four hours per day, seven days per week;
NEW SUBSECTION.
NEW SUBSECTION .
Rural emergency hospital services means the following services provided by a rural emergency hospital that do not exceed an annual per patient average of twenty-four hours in such a rural emergency hospital:
“Rural emergency hospital services” means the following services provided by a rural emergency hospital that do not exceed an annual per patient average of twenty-four hours in such a rural emergency hospital:
C.
c.
Section 135B.5, subsection 1 , Code 2023, is amended to read as follows:
Section 135B.5, subsection 1, Code 2023, is amended to read as follows:
Each license shall be issued only Senate File 75, p .
Each license shall be issued only Senate File 75, p.
This subsection shall not require a hospital or rural emergency hospital to expand the hospital's current scope of service delivery solely to offer the services of a class of providers not currently providing services at the hospital or rural emergency hospital.
This subsection shall not require a hospital or rural emergency hospital to expand the hospital’s current scope of service delivery solely to offer the services of a class of providers not currently providing services at the hospital or rural emergency hospital .
The ability of an applicant for privileges to provide patient care services independently and appropriately in the hospital or rural emergency hospital.
The ability of an applicant for privileges to provide patient care services independently and appropriately in the hospital or rural emergency hospital .
The relationship between the applicant's request for the granting of privileges and the hospital's or rural emergency hospital's current scope of patient care services., as well as the hospital's or rural emergency hospital's determination of the necessity to grant privileges to a practitioner authorized to provide comprehensive, appropriate, and cost-effective services.
The relationship between the applicant’s request for the granting of privileges and the hospital’s or rural emergency hospital’s current scope of patient care services, as well as the hospital’s or rural emergency hospital’s determination of the necessity to grant privileges to a practitioner authorized to provide comprehensive, appropriate, and cost-effective services.
135B.7A Procedures — orders.
135B.7A Procedures —— orders.
The department shall adopt rules that require hospitals and rural emergency hospitals to establish procedures for authentication of all verbal orders by a practitioner within a period not to exceed thirty days following a patient's discharge.
The department shall adopt rules that require hospitals and rural emergency hospitals to establish procedures for authentication of all verbal orders by a practitioner within a period not to exceed thirty days following a patient’s discharge.
135B.9 Inspections and qualifications for hospital and rural emergency hospital inspectors — protection and advocacy agency investigations.
135B.9 Inspections and qualifications for hospital and rural emergency hospital inspectors —— protection and advocacy agency investigations.
A hospital or rural emergency hospital inspector shall not participate in an inspection or complaint investigation of a hospital or rural emergency hospital in which the inspector or a member of the inspector's immediate family works or has worked within the last two years.
A hospital or rural emergency hospital inspector shall not participate in an inspection or complaint investigation of a hospital or rural emergency hospital in which the inspector or a member of the inspector’s immediate family works or has worked within the last two years.
For purposes of this paragraph, " immediate family member -means a spouse;
For purposes of this paragraph, “immediate family member” means a spouse;
In the state resource centers and state mental health institutes operated by the department of human services, the designated protection and advocacy agency as provided in section 135C.2, subsection 4 , shall have the authority to investigate all complaints of abuse and neglect of persons with developmental disabilities or mental illnesses if the complaints are reported to the protection and advocacy agency or if there is probable cause to believe that the abuse has occurred.
In the state resource centers and state mental health institutes operated by the department of human services, the designated protection and advocacy agency as provided in section 135C.2, subsection 4, shall have the authority to investigate all complaints of abuse and neglect of persons with developmental disabilities or mental illnesses if the complaints are reported to the protection and advocacy agency or if there is probable cause to believe that the abuse has occurred.
The department's final findings or the final survey findings of the joint commission on the accreditation of health care organizations or the American osteopathic association with respect to compliance by a hospital or rural emergency hospital with requirements for licensing or accreditation shall be made available to the public in a readily available form and place.
The department’s final findings or the final survey findings of the joint commission on the accreditation of health care organizations or the American osteopathic association with respect to compliance by a hospital or rural emergency hospital with requirements for licensing or accreditation shall be made available to the public in a readily available form and place.
Other information relating to a hospital or rural emergency hospital obtained by the department which does not constitute the department's findings from an inspection of the hospital or rural emergency hospital or the final survey findings of the joint commission on the accreditation of health care organizations or the American osteopathic association shall not be made available to the public, except in proceedings involving the denial, suspension, or revocation of a license under this chapter.
Other information relating to a hospital or rural emergency hospital obtained by the department which does not constitute the department’s findings from an inspection of the hospital or rural emergency hospital or the final survey findings of the joint commission on the accreditation of health care organizations or the American osteopathic association shall not be made available to the public, except in proceedings involving the denial, suspension, or revocation of a license under this chapter.
Any person establishing, conducting, managing, or operating any hospital or rural emergency hospital without a license shall be guilty of a serious misdemeanor, and each day of Senate File 75, p .
Any person establishing, conducting, managing, or operating any hospital or rural emergency hospital without a license shall be guilty of a serious misdemeanor, and each day of Senate File 75, p.
Section 135B.20, subsection 3 , Code 2023, is amended to read as follows:
Section 135B.20, subsection 3, Code 2023, is amended to read as follows:
Hospital - ohall mean means all hospitals and rural emergency hospitals licensed under this chapter.
“Hospital” shall mean means all hospitals and rural emergency hospitals licensed under this chapter.
Section 135B.33, subsection 1 , unnumbered paragraph 1 , Code 2023, is amended to read as follows:
Section 135B.33, subsection 1, unnumbered paragraph 1, Code 2023, is amended to read as follows:
Section 135B.34, subsection 7 , Code 2023, is amended to read as follows:
Section 135B.34, subsection 7, Code 2023, is amended to read as follows:
For the purposes of this section, " comprchcn3ivc preliminary background chcck -.
For the purposes of this section, “comprehensive preliminary background check”:
Comprehensive preliminary background check - means the same as defined in section 135C.1.
“Comprehensive preliminary background check” means the same as defined in section 135C.1.
Hospital - means a hospital or rural emergency hospital licensed under this chapter.
“Hospital” means a hospital or rural emergency hospital licensed under this chapter.
EMERGENCY RULE1AKING AUTHORITY.
EMERGENCY RULEMAKING AUTHORITY.
The department shall adopt emergency rules under section 17A.4, subsection 3 , and section 17A.5, subsection 2 , paragraph "b- , to implement the provisions of this division of this Act within six months of the effective date of this division of this Act and shall Senate File 75, p.
The department shall adopt emergency rules under section 17A.4, subsection 3, and section 17A.5, subsection 2, paragraph “b”, to implement the provisions of this division of this Act within six months of the effective date of this division of this Act and shall Senate File 75, p.
This division of this Act also applies to a facility, or due to change in ownership, a successor facility, that was, on or before December 27, 2020, a general hospital with no more than fifty licensed beds, located in a county in a rural area as specified in section 135B.3A, as enacted in this division of this Act, with a population between thirty thousand and thirty-five thousand according to the 2020 federal decennial census, operating under a valid certificate of need on and prior to September 1 , 2022.
This division of this Act also applies to a facility, or due to change in ownership, a successor facility, that was, on or before December 27, 2020, a general hospital with no more than fifty licensed beds, located in a county in a rural area as specified in section 135B.3A, as enacted in this division of this Act, with a population between thirty thousand and thirty-five thousand according to the 2020 federal decennial census, operating under a valid certificate of need on and prior to September 1, 2022.
1.Ambulatory surgical center - means a distinct facility that operates primarily for the purpose of providing surgical services to patients not requiring hospitalization and in which the expected duration of services does not exceed twenty-four hours following an admission.
1.
Ambulatory surgical center includes a facility certified or seeking certification as an ambulatory surgical center under the federal Medicare program or under the medical assistance program established pursuant to chapter 249A.
“Ambulatory surgical center” means a distinct facility that operates primarily for the purpose of providing surgical services to patients not requiring hospitalization and in which the expected duration of services does not exceed twenty-four hours following an admission.
Ambulatory surgical center - does not include Senate File 75, p .
“Ambulatory surgical center” includes a facility certified or seeking certification as an ambulatory surgical center under the federal Medicare program or under the medical assistance program established pursuant to chapter 249A.
“Ambulatory surgical center” does not include Senate File 75, p.
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"Department -means the department of inspections and appeals.
“Department” means the department of inspections and appeals.
135R.3 Application for license — fee.
135R.3 Application for license —— fee.
A department inspector shall not participate in an inspection or investigation of an ambulatory surgical center in which the inspector or a member of the inspector's immediate family works or has worked within the last two years or in which the inspector or the inspector's immediate family has a financial ownership interest.
A department inspector shall not participate in an inspection or investigation of an ambulatory surgical center in which the inspector or a member of the inspector’s immediate family works or has worked within the last two years or in which the inspector or the inspector’s immediate family has a financial ownership interest.
For the purposes of this section, "immediate family member - means a spouse, natural or adoptive parent or grandparent, child, grandchild, sibling, stepparent, stepchild, or stepsibling.
For the purposes of this section, “immediate family member” means a spouse, natural or adoptive parent or grandparent, child, grandchild, sibling, stepparent, stepchild, or stepsibling.
The department's final findings with respect to compliance Senate File 75, p.
The department’s final findings with respect to compliance Senate File 75, p.
Other information relating to an ambulatory surgical center obtained by the department which does not constitute the department's findings from an inspection of the ambulatory surgical center shall not be made available to the public, except in proceedings involving the denial, suspension, or revocation of a license under this chapter.
Other information relating to an ambulatory surgical center obtained by the department which does not constitute the department’s findings from an inspection of the ambulatory surgical center shall not be made available to the public, except in proceedings involving the denial, suspension, or revocation of a license under this chapter.
NEW SUBSECTION.
NEW SUBSECTION .
Adopt rules requiring ambulatory surgical centers to report quality data to the department of health and human services that is consistent with the data required to be reported to the centers for Medicare and Senate File 75, p .
Adopt rules requiring ambulatory surgical centers to report quality data to the department of health and human services that is consistent with the data required to be reported to the centers for Medicare and Senate File 75, p.
Notwithstanding any provision of law to the contrary, nothing in this subsection shall require an ambulatory surgical center to provide health data to the department of health and human services or any other public or private entity that is in addition t o, different than, or exceeds the quality data required to be reported to the centers for Medicare and Medicaid services of the United States department of health and human services.
Notwithstanding any provision of law to the contrary, nothing in this subsection shall require an ambulatory surgical center to provide health data to the department of health and human services or any other public or private entity that is in addition to, different than, or exceeds the quality data required to be reported to the centers for Medicare and Medicaid services of the United States department of health and human services.
Section 135.61, Code 2023, i s amended by adding the following new subsection:
Section 135.61, Code 2023, is amended by adding the following new subsection:
NEW SUBSECTION.
NEW SUBSECTION .
lA.
1A.
Ambulatory surgical center' means ambulatory surgical center as defined in section 135R.1.
“Ambulatory surgical center” means ambulatory surgical center as defined in section 135R.1.
Section 135.61, subsection 1 4, paragraph d, Code 2023, is amended to read as follows:
Section 135.61, subsection 14, paragraph d, Code 2023, is amended to read as follows:
An outpaticnt ambulatory surgical facility center.
An outpatient ambulatory surgical facility center.
Section 135.61, subsection 2 1, Code 2023, is amended by striking the subsection.
Section 135.61, subsection 21, Code 2023, is amended by striking the subsection.
AMY SINCL PAT GRASSLEY President of the Senate Speaker of theVouse I hereby certify that this bill originated in the Senate and is known as Senate File 75, Ninetieth General Assembly.
______________________________ ______________________________ AMY SINCLAIR PAT GRASSLEY President of the Senate Speaker of the House I hereby certify that this bill originated in the Senate and is known as Senate File 75, Ninetieth General Assembly.
W.
______________________________ W.
CHARLES SMITHSON Secretary of the Senate Approved J-J• 2 • , , 2023 Governor
CHARLES SMITHSON Secretary of the Senate Approved _______________, 2023 ______________________________ KIM REYNOLDS Governor
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Amendments

10 amendments

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Action History

  1. Signed by Governor.

  2. Reported correctly enrolled, signed by President and Speaker, and sent to Governor.

  3. Message from Senate.

  4. Immediate message.

  5. Passed Senate, yeas 47, nays 0.

  6. Senate concurred with S-3062.

  7. Message from House, with amendment S-3062.

  8. Immediate message.

  9. Passed House, yeas 97, nays 1.

  10. Amendment H-1044, yeas 34, nays 64, lost.

  11. Amendment H-1043, yeas 34, nays 64, lost.

  12. Point of order raised on amendment H-1043, ruled germane.

  13. Amendment H-1029 adopted.

  14. Amendment H-1044 filed.

  15. Amendment H-1043 filed.

  16. Amendment H-1029 filed.

  17. Placed on Ways and Means calendar.

  18. Committee report, recommending passage.

  19. Subcommittee recommends passage. Vote Total: 3-0.

  20. Subcommittee Meeting: 02/23/2023 12:30PM House Lounge.

  21. Subcommittee: Boden, Best and Forbes.

  22. Read first time, referred to Ways and Means.

  23. Message from Senate.

  24. Immediate message.

  25. Passed Senate, yeas 48, nays 0.

  26. Amendment S-3013 adopted, as amended.

  27. Amendment S-3023 to S-3013 adopted.

  28. Amendment S-3026 adopted.

  29. Point of order raised on S-3026, ruled in order.

  30. Amendment S-3028 filed, lost.

  31. Amendment S-3027 filed, lost.

  32. Amendment S-3026 filed.

  33. Amendment S-3024 withdrawn.

  34. Amendments S-3023 and S-3024 filed.

  35. Amendment S-3013 filed.

  36. Committee report, recommending amendment and passage.

  37. Subcommittee recommends passage. [].

  38. Subcommittee Meeting: 01/25/2023 10:30AM Room G15.

  39. Subcommittee: Costello, Evans, and Petersen.

  40. Introduced, referred to Health and Human Services.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 149 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (149)

149 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety healthcare
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Frequently asked questions

Who sponsors SF 75?
SF 75 is sponsored by Jeff Reichman (Republican).
What is the current status of SF 75?
This bill has been enacted into law. Introduced January 12, 2023. Enacted.
Where can I track SF 75?
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