reglab/statecodes huggingface dataset:
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135C - HEALTH CARE FACILITIES › Section 135C.20A - Report cards — facility inspections — complaint procedures — availability to public — electronic access.

135C.20A Report cards — facility inspections — complaint procedures — availability to public — electronic access.
1. The department shall develop and utilize a report card system for the recording of the findings of any inspection of a health care facility. The report card shall include but is not limited to a summary of the findings of the inspection, any violation found, any enforcement action taken including any citations issued and penalties assessed, any actions taken to correct violations or deficiencies, and the nature and status of any action taken with respect to any uncorrected violation for which a citation was issued.
2. The report card form shall be developed by the department in cooperation with representatives of the department on aging, the state long-term care ombudsman, representatives of certified volunteer long-term care ombudsmen, representatives of protection and advocacy entities, consumers, and other interested persons.
3. The department shall make any completed report cards electronically accessible to the public, on a monthly basis, and shall compile the report cards on an annual basis and make the compilation electronically accessible to the public. The annual compilation shall also be available at the office of the department at the seat of government and shall be available to the public by mail, upon request and at the department’s expense.
4. In addition to the monthly and annual compilations, the department shall provide compilations of the report cards on a cumulative basis. The cumulative compilation shall reflect the report cards of health care facilities during the four-year period prior to the production of the cumulative compilation. The cumulative compilation shall be applicable to a particular health care facility as a four-year report card history of that facility becomes available. The cumulative compilation shall be available to the public in the same manner as the annual compilation.
98 Acts, ch 1141, §1; 99 Acts, ch 129, §4; 2009 Acts, ch 23, §9; 2013 Acts, ch 18, §9
Referred to in §135C.20B
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135C - HEALTH CARE FACILITIES › Section 135C.20B - Governor’s award — quality care.

135C.20B Governor’s award — quality care.
1. A governor’s award for quality care is established, to be awarded annually by the governor to a health care facility in the state which demonstrates provision of the highest quality care to residents.
2. The department shall adopt rules establishing the criteria to determine quality care. In developing the criteria, the department shall consult with the members of Iowa partners for resident care and shall also consider all of the following:
a. The report cards completed pursuant to section 135C.20A.
b. Any unique services provided by a facility to its residents to improve the quality of care in the facility.
c. Any information submitted by residents with regard to the quality of care of the facility.
d. Whether the facility accepts residents for whom costs of care are paid under chapter 249A.
99 Acts, ch 132, §1; 2013 Acts, ch 18, §10
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135C - HEALTH CARE FACILITIES › Section 135C.21 - Penalties.

135C.21 Penalties.
1. Any person establishing, conducting, managing, or operating any health care facility without a license shall be guilty of a serious misdemeanor. Each day of continuing violation after conviction or notice from the department by certified mail of a violation shall be considered a separate offense or chargeable offense. Any such person establishing, conducting, managing or operating any health care facility without a license may be by any court of competent jurisdiction temporarily or permanently restrained therefrom in any action brought by the state.
2. Any person who prevents or interferes with or attempts to impede in any way any duly authorized representative of the department or of any of the agencies referred to in section 135C.17 in the lawful enforcement of this chapter or of the rules adopted pursuant to it is guilty of a simple misdemeanor. As used in this subsection, lawful enforcement includes but is not limited to:
a. Contacting or interviewing any resident of a health care facility in private at any reasonable hour and without advance notice.
b. Examining any relevant books or records of a health care facility.
c. Preserving evidence of any violation of this chapter or of the rules adopted pursuant to it.
[C50, 54, §135C.7; C58, 62, 66, 71, 73, 75, 77, 79, 81, §135C.21]
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135C - HEALTH CARE FACILITIES › Section 135C.22 - Applicable to governmental units.

135C.22 Applicable to governmental units.
The provisions of this chapter shall be applicable to institutions operated by or under the control of the department of human services, the state board of regents, or any other governmental unit.
[C50, 54, §135C.8; C58, 62, 66, 71, 73, 75, 77, 79, 81, §135C.22]
83 Acts, ch 96, §157, 159
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135C - HEALTH CARE FACILITIES › Section 135C.24 - Personal property or affairs of patients or residents.

135C.24 Personal property or affairs of patients or residents.
The admission of a resident to a health care facility and the resident’s presence therein shall not in and of itself confer on such facility, its owner, administrator, employees, or representatives any authority to manage, use, or dispose of any property of the resident, nor any authority or responsibility for the personal affairs of the resident, except as may be necessary for the safety and orderly management of the facility and as required by this section.
1. No health care facility, and no owner, administrator, employee or representative thereof shall act as guardian, trustee or conservator for any resident of such facility, or any of such resident’s property, unless such resident is related to the person acting as guardian within the third degree of consanguinity.
2. A health care facility shall provide for the safekeeping of personal effects, funds and other property of its residents, provided that whenever necessary for the protection of valuables or in order to avoid unreasonable responsibility therefor, the facility may require that they be excluded or removed from the premises of the facility and kept at some place not subject to the control of the facility.
3. A health care facility shall keep complete and accurate records of all funds and other effects and property of its residents received by it for safekeeping.
4. Any funds or other property belonging to or due a resident, or expendable for the resident’s account, which are received by a health care facility shall be trust funds, shall be kept separate from the funds and property of the facility and of its other residents, or specifically credited to such resident, and shall be used or otherwise expended only for the account of the resident. Upon request the facility shall furnish the resident, the guardian, trustee or conservator, if any, for any resident, or any governmental unit or private charitable agency contributing funds or other property on account of any resident, a complete and certified statement of all funds or other property to which this subsection applies detailing the amounts and items received, together with their sources and disposition.
5. The provisions of this section notwithstanding, upon the verified petition of the county board of supervisors the district court may appoint the administrator of a county care facility as conservator or guardian, or both, of a resident of such county care facility, in accordance with the provisions of chapter 633. Such administrator shall serve as conservator or guardian, or both, without fee. The county attorney shall serve as attorney for the administrator in such conservatorship or guardianship, or both, without fee. The administrator may establish either separate or common bank accounts for cash funds of such resident wards.
[C71, 73, 75, 77, 79, 81, §135C.24]
Referred to in §331.382, 331.756(25)
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135C - HEALTH CARE FACILITIES › Section 135C.26 - Director notified of casualties.

135C.26 Director notified of casualties.
The director shall be notified within twenty-four hours, by the most expeditious means available, of any accident causing major injury or death, and any fire or natural or other disaster occurring in a health care facility.
[C71, 73, 75, 77, 79, 81, §135C.26]
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135C - HEALTH CARE FACILITIES › Section 135C.27 - Federal funds to implement program.

135C.27 Federal funds to implement program.
If the department’s services are necessary in order to assist another governmental unit to implement a federal program, the department may accept in compensation for such services federal funds initially available from the federal government to such other governmental unit for such purpose. Any governmental unit is authorized to transfer to the department for such services any federal funds available to such governmental unit, in accordance with applicable federal laws and regulations.
[C71, 73, 75, 77, 79, 81, §135C.27]
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135C - HEALTH CARE FACILITIES › Section 135C.28 - Conflicting statutes.

135C.28 Conflicting statutes.
Provisions of this chapter in conflict with the state building code, as adopted pursuant to section 103A.7, shall not apply where the state building code has been adopted or when the state building code applies throughout the state.
[C73, 75, 77, 79, 81, §135C.28]
2004 Acts, ch 1086, §37
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135C - HEALTH CARE FACILITIES › Section 135C.29 - License list to county commissioner of elections.

135C.29 License list to county commissioner of elections.
To facilitate the implementation of section 53.8, subsection 3 and section 53.22, the director shall provide to each county commissioner of elections at least annually a list of each licensed health care facility in that county. The list shall include the street address or location, and the mailing address if it is other than the street address or location, of each facility.
[C77, 79, 81, §135C.29]
Referred to in §53.8
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135C - HEALTH CARE FACILITIES › Section 135C.31 - Discharge of Medicaid patients.

135C.31 Discharge of Medicaid patients.
A resident of a health care facility shall not be discharged solely because the cost of the resident’s care is being paid under chapter 249A or because the resident’s source of payment is changing from private support to payment under chapter 249A.
[81 Acts, ch 60, §2]
Referred to in §135C.36
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135C - HEALTH CARE FACILITIES › Section 135C.31A - Assessment of residents — program eligibility — prescription drug coverage.

135C.31A Assessment of residents — program eligibility — prescription drug coverage.
1. A health care facility shall assist the Iowa department of veterans affairs in identifying, upon admission of a resident, the resident’s eligibility for benefits through the United States department of veterans affairs. The department of inspections and appeals, in cooperation with the department of human services, shall adopt rules to administer this section, including a provision that ensures that if a resident is eligible for benefits through the United States department of veterans affairs or other third-party payor, the payor of last resort for reimbursement to the health care facility is the medical assistance program. The rules shall also require the health care facility to request information from a resident or resident’s personal representative regarding the resident’s veteran status and to report to the Iowa department of veterans affairs only the names of residents identified as potential veterans along with the names of their spouses and any dependents. Information reported by the health care facility shall be verified by the Iowa department of veterans affairs. This section shall not apply to the admission of an individual to a state mental health institute for acute psychiatric care or to the admission of an individual to the Iowa veterans home.
2. a. If a resident is identified, upon admission to a health care facility, as eligible for benefits through the United States department of veterans affairs pursuant to subsection 1 or through other means, the health care facility shall allow the resident to access any prescription drug benefit included in such benefits for which the resident is also eligible. The health care facility shall also assist the Iowa department of veterans affairs in identifying individuals residing in such health care facilities on July 1, 2009, who are eligible for the prescription drug benefit.
b. The department of inspections and appeals, the department of veterans affairs, and the department of human services shall identify any barriers to residents in accessing such prescription drug benefits and shall assist health care facilities in adjusting their procedures for medication administration to comply with this subsection.
2003 Acts, ch 112, §2; 2003 Acts, ch 179, §160; 2004 Acts, ch 1175, §226; 2005 Acts, ch 115, §28, 40; 2006 Acts, ch 1109, §1; 2009 Acts, ch 63, §1
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135C - HEALTH CARE FACILITIES › Section 135C.32 - Hospice services covered by Medicare.

135C.32 Hospice services covered by Medicare.
The requirement that the care of a resident of a health care facility must be provided under the immediate direction of either the facility or the resident’s personal physician does not apply if all of the following conditions are met:
1. The resident is terminally ill.
2. The resident has elected to receive hospice services under the federal Medicare program from a Medicare certified hospice program.
3. The health care facility and the Medicare certified hospice program have entered into a written agreement under which the hospice program takes full responsibility for the professional management of the resident’s hospice care and the facility agrees to provide room and board to the resident.
88 Acts, ch 1037, §1
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135C - HEALTH CARE FACILITIES › Section 135C.34 - Medication aide — certification.

135C.34 Medication aide — certification.
The department of inspections and appeals, in cooperation with other appropriate agencies, shall establish a procedure to allow a person who is certified as a medication aide in another state to become certified in this state upon completion and passage of both the certified nurse aide and certified medication aide challenge examinations, without additional requirements for certification, including but not limited to, required employment in this state prior to certification. The department shall adopt rules pursuant to chapter 17A to administer this section.
94 Acts, ch 1036, §1
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135C - HEALTH CARE FACILITIES › Section 135C.35 - Training of inspectors.

135C.35 Training of inspectors.
1. Subject to the availability of funding, all nursing facility inspectors shall receive twelve hours of annual continuing education in gerontology, wound care, dementia, falls, or a combination of these subjects.
2. An inspector shall not be personally liable for financing the training required under subsection 1.
3. The department shall consult with the collective bargaining representative of the inspector in regard to the training required under this section.
2009 Acts, ch 156, §2
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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]
2023 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
2023 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]
2023 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
2023 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 through 135C.42 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]
2021 Acts, ch 80, §69
2023 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]
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135G - SUBACUTE MENTAL HEALTH CARE FACILITIES › Section 135G.3 - Nature of care — seclusion room — admissions.

135G.3 Nature of care — seclusion room — admissions.
1. A subacute care facility shall utilize a team of professionals to direct an organized program of diagnostic services, subacute mental health services, and rehabilitative services to meet the needs of residents in accordance with a treatment care plan developed for each resident under the supervision of a mental health professional. The goal of a treatment care plan is to transition residents to a less restrictive environment, including a home-based community setting. Social and rehabilitative services shall also be provided under the direction of a mental health professional.
2. The mental health professional providing supervision of the subacute care facility’s treatment care plans shall evaluate the condition of each resident as medically necessary and shall be available to residents of the facility on an on-call basis at all other times. Additional evaluation and treatment may be provided by a mental health professional. The subacute care facility may employ a seclusion room meeting the conditions described in
42 C.F.R. §483.364(b)
with approval of a licensed psychiatrist or by order of the resident’s physician, a physician assistant, or an advanced registered nurse practitioner.
2012 Acts, ch 1120, §42; 2013 Acts, ch 19, §4, 6, 7
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135G - SUBACUTE MENTAL HEALTH CARE FACILITIES › Section 135G.4 - Licensure.

135G.4 Licensure.
1. A person shall not establish, operate, or maintain a subacute care facility unless the person obtains a license for the subacute care facility under this chapter.
2. An intermediate care facility for persons with mental illness licensed under chapter 135C may convert to a subacute care facility by submitting an application for a license in accordance with section 135G.5 accompanied by written notice to the department that the facility has employed a mental health professional and desires to make the conversion. An intermediate care facility for persons with mental illness applying for a license under this subsection remains subject to subsection 1 until a license is issued.
2012 Acts, ch 1120, §43; 2013 Acts, ch 19, §5 – 7
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135G - SUBACUTE MENTAL HEALTH CARE FACILITIES › Section 135G.5 - Application for license.

135G.5 Application for license.
An application for a license under this chapter shall be submitted on a form requesting information required by the department, which may include affirmative evidence of the applicant’s ability to comply with the rules for standards adopted pursuant to this chapter. An application for a license shall be accompanied by the required license fee which shall be credited to the general fund of the state. The initial and annual license fee is twenty-five dollars.
2012 Acts, ch 1120, §44
Referred to in §135G.4
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135G - SUBACUTE MENTAL HEALTH CARE FACILITIES › Section 135G.6 - Inspection — conditions for issuance.

135G.6 Inspection — conditions for issuance.
The department shall issue a license to an applicant under this chapter if the department has ascertained that the applicant’s facilities and staff are adequate to provide the care and services required of a subacute care facility.
2012 Acts, ch 1120, §45; 2015 Acts, ch 61, §1; 2018 Acts, ch 1056, §4
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135G - SUBACUTE MENTAL HEALTH CARE FACILITIES › Section 135G.7 - Denial, suspension, or revocation of license.

135G.7 Denial, suspension, or revocation of license.
The department may deny an application or suspend or revoke a license if the department finds that an applicant or licensee has failed or is unable to comply with this chapter or the rules establishing minimum standards pursuant to this chapter or if any of the following conditions apply:
1. It is shown that a resident is a victim of cruelty or neglect due to the acts or omissions of the licensee.
2. The licensee has permitted, aided, or abetted in the commission of an illegal act in the subacute care facility.
3. An applicant or licensee acted to obtain or to retain a license by fraudulent means, misrepresentation, or submitting false information.
4. The licensee has willfully failed or neglected to maintain a continuing in-service education and training program for persons employed by the subacute care facility.
5. The application involves a person who has failed to operate a subacute care facility in compliance with the provisions of this chapter.
2012 Acts, ch 1120, §46
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135G - SUBACUTE MENTAL HEALTH CARE FACILITIES › Section 135G.8 - Provisional license.

135G.8 Provisional license.
The department may issue a provisional license, effective for not more than one year, to a licensee whose subacute care facility does not meet the requirements of this chapter if, prior to issuance of the license, the applicant submits written plans to achieve compliance with the applicable requirements and the plans are approved by the department. The plans shall specify the deadline for achieving compliance.
2012 Acts, ch 1120, §47
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135G - SUBACUTE MENTAL HEALTH CARE FACILITIES › Section 135G.9 - Notice and hearings.

135G.9 Notice and hearings.
The procedure governing notice and hearing to deny an application or suspend or revoke a license shall be in accordance with rules adopted by the department pursuant to chapter 17A. A full and complete record shall be kept of the proceedings and of any testimony. The record need not be transcribed unless judicial review is sought. A copy or copies of a transcript may be obtained by an interested party upon payment of the cost of preparing the transcript or copies.
2012 Acts, ch 1120, §48
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135G - SUBACUTE MENTAL HEALTH CARE FACILITIES › Section 135G.10 - Rules.

135G.10 Rules.
1. The department of inspections and appeals and the department of human services shall collaborate in establishing standards for licensing of subacute care facilities to achieve all of the following objectives:
a. Subacute mental health services are provided based on sound, proven clinical practice.
b. Subacute mental health services are established in a manner that allows the services to be included in the federal medical assistance state plan.
2. It is the intent of the general assembly that subacute mental health services be included in the Medicaid state plan adopted for the implementation of the federal Patient Protection and Affordable Care Act, benchmark plan.
3. The department of inspections and appeals, in consultation with the department of human services and affected professional groups, shall adopt and enforce rules setting out the standards for a subacute care facility and the rights of the residents admitted to a subacute care facility. The department of inspections and appeals and the department of human services shall coordinate the adoption of rules and the enforcement of the rules in order to prevent duplication of effort by the departments and of requirements of the licensee.
2012 Acts, ch 1120, §49
Responsibility of department of human services to adopt standards in coordination with department of inspections and appeals for facility-based and community-based, subacute mental health services; §225C.6