reglab/housing_qa huggingface dataset:
IA Code § 135C.37 (2021)
2021 Iowa Code|Title IV - PUBLIC HEALTH|Chapter 135C - HEALTH CARE FACILITIES|Section 135C.37 - Complaints alleging violations — confidentiality.

135C.37 Complaints alleging violations — confidentiality.   A person may request an inspection of a health care facility by filing with the department, certified volunteer long-term care ombudsman, or the office of long-term care ombudsman, a complaint of an alleged violation of applicable requirements of this chapter or the rules adopted pursuant to this chapter. A person alleging abuse or neglect of a resident with a developmental disability or with mental illness may also file a complaint with the protection and advocacy agency designated pursuant to section 135B.9 or section 135C.2. A copy of a complaint filed with a certified volunteer long-term care ombudsman or the office of long-term care ombudsman shall be forwarded to the department. The complaint shall state in a reasonably specific manner the basis of the complaint, and a statement of the nature of the complaint shall be delivered to the facility involved at the time of the inspection. The name of the person who files a complaint with the department, certified volunteer long-term care ombudsman, or the office of long-term care ombudsman shall be kept confidential and shall not be subject to discovery, subpoena, or other means of legal compulsion for its release to a person other than department employees involved in the investigation of the complaint.  [C77, 79, 81, §135C.37]  84 Acts, ch 1227, §3; 85 Acts, ch 186, §2; 89 Acts, ch 241, §3; 89 Acts, ch 321, §28; 91 Acts, ch 107, §4; 99 Acts, ch 129, §6; 2005 Acts, ch 45, §1; 2010 Acts, ch 1062, §1; 2013 Acts, ch 18, §11  Referred to in §135C.38, 135C.40, 135C.46, 135C.48
IA Code § 135C.39 (2021)
2021 Iowa Code|Title IV - PUBLIC HEALTH|Chapter 135C - HEALTH CARE FACILITIES|Section 135C.39 - No advance notice of inspection — exception.

135C.39 No advance notice of inspection — exception.   No advance notice of an on-site inspection made pursuant to section 135C.38 shall be given the health care facility or the licensee thereof unless previously and specifically authorized in writing by the director or required by federal law. The person in charge of the facility shall be informed of the substance of the complaint at the commencement of the on-site inspection.  [C77, 79, 81, §135C.39]  89 Acts, ch 241, §5; 90 Acts, ch 1039, §10  Administrative penalty; see §135C.45A
IA Code § 135C.40A (2021)
2021 Iowa Code|Title IV - PUBLIC HEALTH|Chapter 135C - HEALTH CARE FACILITIES|Section 135C.40A - Issuance of final findings.

135C.40A Issuance of final findings.   The department shall issue the final findings of an inspection or investigation of a health care facility within ten working days after completion of the on-site inspection or investigation. The final findings shall be served upon the facility personally, by electronic mail, or by certified mail.  2009 Acts, ch 156, §6  Referred to in §135C.46
IA Code § 135C.41 (2021)
2021 Iowa Code|Title IV - PUBLIC HEALTH|Chapter 135C - HEALTH CARE FACILITIES|Section 135C.41 - Licensee’s response to citation.

135C.41 Licensee’s response to citation.   Within twenty business days after service of a citation under section 135C.40, a facility shall do one of the following:   1. If the facility does not desire to contest the citation, take one of the following actions:   a. Remit to the department the amount specified by the department pursuant to section 135C.36 as a penalty for each class I violation cited, and for each class II violation unless the citation specifically waives the penalty, which funds shall be paid by the department into the state treasury and credited to the general fund.   b. In the case of a class II violation for which the penalty has been waived in accordance with the standards prescribed in section 135C.36, subsection 2, or a class III violation, send to the department a written response acknowledging that the citation has been received and stating that the violation will be corrected within the specific period of time allowed by the citation.   2. If the facility desires to contest the citation, notify the director that the facility desires to contest the citation and do either of the following:   a. Request an informal conference with an independent reviewer pursuant to section 135C.42. Upon the conclusion of an informal conference, in the case of an affirmed or modified citation, the facility may request a contested case hearing in writing within five days after receipt of the written explanation of the independent reviewer.   b. Request a contested case hearing in the manner provided by chapter 17A for contested cases. The formal hearing shall be conducted in accordance with chapter 17A and rules adopted by the department.  [C77, 79, 81, §135C.41]  2009 Acts, ch 156, §7; 2010 Acts, ch 1069, §16; 2013 Acts, ch 26, §1, 7; 2014 Acts, ch 1092, §31; 2015 Acts, ch 80, §3  Referred to in §135C.42, 135C.43A, 135C.46
IA Code § 135C.42 (2021)
2021 Iowa Code|Title IV - PUBLIC HEALTH|Chapter 135C - HEALTH CARE FACILITIES|Section 135C.42 - Informal conference on contested citation.

135C.42 Informal conference on contested citation.   1. The director shall provide an independent reviewer to hold an informal conference with the facility within ten working days after receipt of a request made under section 135C.41, subsection 2, paragraph “a”. At the conclusion of the conference the independent reviewer may affirm or may modify or dismiss the citation. The independent reviewer shall state in writing the specific reasons for the affirmation, modification, or dismissal and immediately transmit copies of the statement to the director, and to the facility. If the facility does not desire to further contest an affirmed or modified citation, it shall comply with section 135C.41, subsection 1, within five working days after receipt of the written explanation of the independent reviewer.   2. An independent reviewer shall be licensed as an attorney in the state of Iowa and shall not be employed or have been employed by the department in the past eight years or have appeared in front of the department on behalf of a health care facility in the past eight years. Preference shall be given to an attorney with background knowledge, experience, or training in long-term care. The department may issue a request for proposals to enter into a contract for the purpose of providing one or more independent reviewers for informal conferences.   3. An informal conference, as required in this section, shall be held concurrently with any informal dispute resolution held pursuant to  42 C.F.R. §488.331   for those health care facilities certified under Medicare or the medical assistance program.  [C77, 79, 81, §135C.42]  2013 Acts, ch 26, §2, 7; 2015 Acts, ch 80, §4; 2016 Acts, ch 1073, §59  Referred to in §135C.7, 135C.41, 135C.46
IA Code § 135C.43 (2021)
2021 Iowa Code|Title IV - PUBLIC HEALTH|Chapter 135C - HEALTH CARE FACILITIES|Section 135C.43 - Judicial review.

135C.43 Judicial review.   1. A facility which has exhausted all adequate administrative remedies and is aggrieved by the final action of the department may petition for judicial review in the manner provided by chapter 17A.   2. Hearings on petitions for judicial review brought under this section shall be set for trial at the earliest possible date and shall take precedence on the court calendar over all other cases except matters to which equal or superior precedence is specifically granted by law. The times for pleadings and for hearings in such actions shall be set by the judge of the court with the object of securing a decision in the matter at the earliest possible time.  [C77, 79, 81, §135C.43]  2009 Acts, ch 156, §8; 2010 Acts, ch 1069, §17; 2013 Acts, ch 26, §3, 7; 2015 Acts, ch 80, §5  Referred to in §135C.46
IA Code § 135C.43A (2021)
2021 Iowa Code|Title IV - PUBLIC HEALTH|Chapter 135C - HEALTH CARE FACILITIES|Section 135C.43A - Reduction of penalty amount.

135C.43A Reduction of penalty amount.   If a facility has been assessed a penalty, does not request a formal hearing pursuant to section 135C.41, subsection 2, paragraph “b”, or withdraws its request for a formal hearing within thirty days of the date that the penalty was assessed, and the penalty is paid within thirty days of the receipt of notice or service, the amount of the penalty shall be reduced by thirty-five percent. The citation which includes the civil penalty shall include a statement to this effect.  2009 Acts, ch 156, §9; 2015 Acts, ch 80, §6
IA Code § 135C.44 (2021)
2021 Iowa Code|Title IV - PUBLIC HEALTH|Chapter 135C - HEALTH CARE FACILITIES|Section 135C.44 - Treble fines for repeated violations.

135C.44 Treble fines for repeated violations.   The penalties authorized by section 135C.36 shall be trebled for a second or subsequent class I or class II violation occurring within any twelve-month period if a citation was issued for the same class I or class II violation occurring within that period and a penalty was assessed therefor.  [C77, 79, 81, §135C.44]
IA Code § 135C.44A (2021)
2021 Iowa Code|Title IV - PUBLIC HEALTH|Chapter 135C - HEALTH CARE FACILITIES|Section 135C.44A - Double fines for intentional violations.

135C.44A Double fines for intentional violations.   The penalties authorized by section 135C.36 shall be doubled for each class I violation when the violation is due to an intentional act by the facility in violation of a provision of this chapter or a rule of the department.  2009 Acts, ch 156, §10
IA Code § 135C.45 (2021)
2021 Iowa Code|Title IV - PUBLIC HEALTH|Chapter 135C - HEALTH CARE FACILITIES|Section 135C.45 - Refund of penalty.

135C.45 Refund of penalty.   If at any time a contest or appeal of any citation issued a health care facility under this chapter results in an order or determination that a penalty previously paid to or collected by the department must be refunded to the facility, the refund shall be made from any money in the state general fund not otherwise appropriated.  [C77, 79, 81, §135C.45]
IA Code § 135C.45A (2021)
2021 Iowa Code|Title IV - PUBLIC HEALTH|Chapter 135C - HEALTH CARE FACILITIES|Section 135C.45A - Notification penalty.

135C.45A Notification penalty.   A person who notifies, or causes to be notified, a health care facility, of the time and date on which a survey or on-site inspection of the facility is scheduled, is subject to an administrative penalty of not less than one thousand dollars and not more than two thousand dollars.  90 Acts, ch 1039, §11
IA Code § 135C.46 (2021)
2021 Iowa Code|Title IV - PUBLIC HEALTH|Chapter 135C - HEALTH CARE FACILITIES|Section 135C.46 - Retaliation by facility prohibited.

135C.46 Retaliation by facility prohibited.   1. A facility shall not discriminate or retaliate in any way against a resident or an employee of the facility who has initiated or participated in any proceeding authorized by this chapter. A facility which violates this section is subject to a penalty of not less than two hundred fifty nor more than five thousand dollars, to be assessed and collected by the director in substantially the manner prescribed by sections 135C.40 to 135C.43 and paid into the state treasury to be credited to the general fund, or to immediate revocation of the facility’s license.   2. Any attempt to expel from a health care facility a resident by whom or upon whose behalf a complaint has been submitted to the department under section 135C.37, within ninety days after the filing of the complaint or the conclusion of any proceeding resulting from the complaint, shall raise a rebuttable presumption that the action was taken by the licensee in retaliation for the filing of the complaint.  [C77, 79, 81, §135C.46]
IA Code § 135C.47 (2021)
2021 Iowa Code|Title IV - PUBLIC HEALTH|Chapter 135C - HEALTH CARE FACILITIES|Section 135C.47 - Report listing licensees and citations.

135C.47 Report listing licensees and citations. Repealed by 98 Acts, ch 1141, §3.
IA Code § 135C.48 (2021)
2021 Iowa Code|Title IV - PUBLIC HEALTH|Chapter 135C - HEALTH CARE FACILITIES|Section 135C.48 - Information about complaint procedure.

135C.48 Information about complaint procedure.   The department shall make a continuing effort to inform the general public of the appropriate procedure to be followed by any person who believes that a complaint against a health care facility is justified and should be made under section 135C.37.  [C77, 79, 81, §135C.48]
IA Code § 135D.1 (2021)
2021 Iowa Code|Title IV - PUBLIC HEALTH|Chapter 135D - IOWA HEALTH INFORMATION NETWORK|Section 135D.1 - Short title.

135D.1 Short title.   This chapter shall be known and may be cited as the “Iowa Health Information Network Act”.  2015 Acts, ch 73, §1, 9  Section is effective March 31, 2017; Code editor received notice from the Iowa department of public health that assumption of administration and governance of the Iowa health information network by the designated entity occurred on that date;  2015 Acts, ch 73, §9
IA Code § 135D.3 (2021)
2021 Iowa Code|Title IV - PUBLIC HEALTH|Chapter 135D - IOWA HEALTH INFORMATION NETWORK|Section 135D.3 - Iowa health information network — findings and intent.

135D.3 Iowa health information network — findings and intent.   1. The general assembly finds all of the following:   a. Technology used to support health care-related functions is known as health information technology. Health information technology provides a mechanism to transform the delivery of health and medical care in Iowa and across the nation.   b. Health information technology is rapidly evolving to contribute to the goals of improving the experience of care, improving the health of populations, and reducing per capita costs of health care.   c. A health information network involves the secure electronic sharing of health information across the boundaries of individual practice and institutional health settings and with consumers. The broad use of health information technology and a health information network should improve health care quality and the overall health of the population, increase efficiencies in administrative health care, reduce unnecessary health care costs, and help prevent medical errors.   d. All health information technology efforts shall endeavor to represent the interests and meet the needs of consumers and the health care sector, protect the privacy of individuals and the confidentiality of individuals’ information, promote best practices, and make information easily accessible to the members of the patient-centered care coordination team, including but not limited to patients, providers, and payors.   2. It is the intent of the general assembly that the Iowa health information network shall not constitute a health benefit network or a health insurance network.  2015 Acts, ch 73, §3, 9  Section is effective March 31, 2017; Code editor received notice from the Iowa department of public health that assumption of administration and governance of the Iowa health information network by the designated entity occurred on that date;  2015 Acts, ch 73, §9
IA Code § 135D.4 (2021)
2021 Iowa Code|Title IV - PUBLIC HEALTH|Chapter 135D - IOWA HEALTH INFORMATION NETWORK|Section 135D.4 - Iowa health information network — principles — technical infrastructure requirements.

135D.4 Iowa health information network — principles — technical infrastructure requirements.   1. The Iowa health information network shall be administered and governed by a designated entity using, at a minimum, the following principles:   a. Be patient-centered and market-driven.   b. Comply with established national standards.   c. Protect the privacy of consumers and the security and confidentiality of all health information.   d. Promote interoperability.   e. Increase the accuracy, completeness, and uniformity of data.   f. Preserve the choice of the patient to have the patient’s health information available through the record locator service.   g. Provide education to the general public and provider communities on the value and benefits of health information technology.   2. Widespread adoption of health information technology is critical to a successful Iowa health information network and is best achieved when all of the following occur:   a. The network, through the designated entity complying with chapter 504 and reporting as required under this chapter, operates in an entrepreneurial and businesslike manner in which it is accountable to all participants utilizing the network’s products and services.   b. The network provides a variety of services from which to choose in order to best fit the needs of the user.   c. The network is financed by all who benefit from the improved quality, efficiency, savings, and other benefits that result from use of health information technology.   d. The network is operated with integrity and freedom from political influence.   3. The Iowa health information network technical infrastructure shall provide a mechanism for all of the following:   a. The facilitation and support of the secure electronic exchange of health information between participants.   b. Participants without an electronic health records system to access health information from the Iowa health information network.   4. Nothing in this chapter shall be interpreted to impede or preclude the formation and operation of regional, population-specific, or local health information networks or the participation of such networks in the Iowa health information network.  2015 Acts, ch 73, §4, 9  Section is effective March 31, 2017; Code editor received notice from the Iowa department of public health that assumption of administration and governance of the Iowa health information network by the designated entity occurred on that date;  2015 Acts, ch 73, §9
IA Code § 135D.5 (2021)
2021 Iowa Code|Title IV - PUBLIC HEALTH|Chapter 135D - IOWA HEALTH INFORMATION NETWORK|Section 135D.5 - Designated entity — administration and governance.

135D.5 Designated entity — administration and governance.   1. The Iowa health information network shall be administered and governed by a designated entity selected by the department through a competitive process. The designated entity shall be established as a nonprofit corporation organized under chapter 504. Unless otherwise provided in this chapter, the corporation is subject to the provisions of chapter 504. The designated entity shall be established for the purpose of administering and governing the statewide Iowa health information network.   2. The designated entity shall collaborate with the department, but the designated entity shall not be considered, in whole or in part, an agency, department, or administrative unit of the state.   a. The designated entity shall not be required to comply with any requirements that apply to a state agency, department, or administrative unit and shall not exercise any sovereign power of the state.   b. The designated entity does not have authority to pledge the credit of the state. The assets and liabilities of the designated entity shall be separate from the assets and liabilities of the state and the state shall not be liable for the debts or obligations of the designated entity. All debts and obligations of the designated entity shall be payable solely from the designated entity’s funds. The state shall not guarantee any obligation of or have any obligation to the designated entity.   3. The articles of incorporation of the designated entity shall provide for its governance and its efficient management. In providing for its governance, the articles of the designated entity shall address the following:   a. A board of directors to govern the designated entity.   b. The appointment of a chief executive officer by the board to manage the designated entity’s daily operations.   c. The delegation of such powers and responsibilities to the chief executive officer as may be necessary for the designated entity’s efficient operation.   d. The employment of personnel necessary for the efficient performance of the duties assigned to the designated entity. All such personnel shall be considered employees of a private, nonprofit corporation and shall be exempt from the personnel requirements imposed on state agencies, departments, and administrative units.   e. The financial operations of the designated entity including the authority to receive and expend funds from public and private sources and to use its property, money, or other resources for the purpose of the designated entity.  2015 Acts, ch 73, §5, 9  Section is effective March 31, 2017; Code editor received notice from the Iowa department of public health that assumption of administration and governance of the Iowa health information network by the designated entity occurred on that date;  2015 Acts, ch 73, §9
IA Code § 135G.1 (2021)
2021 Iowa Code|Title IV - PUBLIC HEALTH|Chapter 135G - SUBACUTE MENTAL HEALTH CARE FACILITIES|Section 135G.1 - Definitions.

135G.1 Definitions.   As used in this chapter, unless the context otherwise requires:   1. “Advanced registered nurse practitioner” means a person currently licensed as a registered nurse under chapter 152 or 152E who is licensed by the board of nursing as an advanced registered nurse practitioner.   2. “Department” means the department of inspections and appeals.   3. “Direction” means authoritative policy or procedural guidance for the accomplishment of a function or an activity.   4. “Licensee” means the holder of a license issued to operate a subacute care facility for persons with serious and persistent mental illness.   5. “Mental health professional” means the same as defined in section 228.1.   6. “Mental health services” means services provided by a mental health professional operating within the scope of the professional’s practice which address mental, emotional, medical, or behavioral problems.   7. “Physician” means a person licensed under chapter 148.   8. “Physician assistant” means a person licensed to practice under the supervision of a physician as authorized in chapters 147 and 148C.   9. “Rehabilitative services” means services to encourage and assist restoration of a resident’s optimum mental and physical capabilities.   10. “Resident” means a person who is eighteen years of age or older and has been determined by a mental health professional to need subacute mental health services.   11. “Subacute care facility for persons with serious and persistent mental illness” or “subacute care facility” means an institution, place, building, or agency with restricted means of egress providing subacute mental health services for a period exceeding twenty-four consecutive hours to persons in need of the services.   12. “Subacute mental health services” means the same as defined in section 225C.6.   13. “Supervision” means direct oversight and inspection of the act of accomplishing a function or activity.   14. “Treatment care plan” means a plan of care and services designed to eliminate the need for acute care by improving the condition of a person with serious and persistent mental illness. Services must be based upon a diagnostic evaluation, which includes an examination of the medical, psychological, social, behavioral, and developmental aspects of the person’s situation, reflecting the need for inpatient care.  2012 Acts, ch 1120, §40; 2015 Acts, ch 56, §2
IA Code § 135G.2 (2021)
2021 Iowa Code|Title IV - PUBLIC HEALTH|Chapter 135G - SUBACUTE MENTAL HEALTH CARE FACILITIES|Section 135G.2 - Purpose.

135G.2 Purpose.   The purpose of this chapter is to provide for the development, establishment, and enforcement of basic standards for the operation, construction, and maintenance of a subacute care facility which will ensure the safe and adequate diagnosis, evaluation, and treatment of persons with serious and persistent mental illness so that the persons are able to experience recovery and live successfully in the community.  2012 Acts, ch 1120, §41