reglab/statecodes huggingface dataset:
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135B - LICENSURE AND REGULATION OF HOSPITALS › Section 135B.6 - Denial, suspension, or revocation of license — hearings and review.

135B.6 Denial, suspension, or revocation of license — hearings and review.
1. The department may deny, suspend, or revoke a license in any case where it finds that there has been a substantial failure to comply with this chapter or the rules or minimum standards adopted pursuant to this chapter.
2. A denial, suspension, or revocation shall be effected by mailing to the applicant or licensee by certified mail, or by personal service of, a notice setting forth the particular reasons for the action. A denial, suspension, or revocation shall become effective thirty days after the mailing or service of the notice, unless the applicant or licensee, within the thirty-day period gives written notice to the department requesting a hearing, in which case the notice is suspended. If a hearing has been requested, the applicant or licensee shall be given an opportunity for a prompt and fair hearing before the department. At any time at or prior to hearing, the department may rescind the notice of denial, suspension, or revocation upon being satisfied that the reasons for the denial, suspension, or revocation have been or will be removed. On the basis of a hearing or upon default of the applicant or licensee, the determination involved in the notice may be affirmed, modified, or set aside by the department. A copy of the decision, setting forth the finding of facts and the particular reasons for the decision shall be sent by certified mail, or served personally upon, the applicant or licensee.
3. The procedure governing hearings authorized by this section shall be in accordance with rules adopted by the department. A full and complete record shall be kept of all proceedings, and all testimony shall be reported but need not be transcribed unless judicial review is sought pursuant to section 135B.14. A copy or copies of the transcript may be obtained by an interested party on payment of the cost of preparing the copy or copies. Witnesses may be subpoenaed by either party and shall be allowed fees at a rate prescribed by rule.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §135B.6]
90 Acts, ch 1204, §5; 2017 Acts, ch 54, §76
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135B - LICENSURE AND REGULATION OF HOSPITALS › Section 135B.7A - Procedures — orders.

135B.7A Procedures — orders.
The department shall adopt rules that require 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.
2001 Acts, ch 93, §1; 2007 Acts, ch 93, §1
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135B - LICENSURE AND REGULATION OF HOSPITALS › Section 135B.8 - Effective date of rules.

135B.8 Effective date of rules.
Any hospital which is in operation at the time of promulgation of any applicable rules or minimum standards under this chapter shall be given a reasonable time, not to exceed one year from the date of such promulgation, within which to comply with such rules and minimum standards.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §135B.8]
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135B - LICENSURE AND REGULATION OF HOSPITALS › Section 135B.9 - Inspections and qualifications for hospital inspectors — protection and advocacy agency investigations.

135B.9 Inspections and qualifications for hospital inspectors — protection and advocacy agency investigations.
1. The department shall make or cause to be made inspections as it deems necessary in order to determine compliance with applicable rules. Hospital inspectors shall meet the following qualifications:
a. Be free of conflicts of interest. A hospital inspector shall not participate in an inspection or complaint investigation of a 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; natural or adoptive parent, child, or sibling; or stepparent, stepchild, or stepsibling.
b. Complete a yearly conflict of interest disclosure statement.
c. Biennially, complete a minimum of ten hours of continuing education pertaining to hospital operations including but not limited to quality and process improvement standards, trauma system standards, and regulatory requirements.
2. 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. Such authority shall include the examination of all records pertaining to the care provided to the residents and contact or interview with any resident, employee, or any other person who might have knowledge about the operation of the institution.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §135B.9]
88 Acts, ch 1249, §1; 90 Acts, ch 1204, §7; 95 Acts, ch 51, §1; 2000 Acts, ch 1112, §51; 2010 Acts, ch 1177, §1
Referred to in §135C.37
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135B - LICENSURE AND REGULATION OF HOSPITALS › Section 135B.12 - Confidentiality.

135B.12 Confidentiality.
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 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 obtained by the department which does not constitute the department’s findings from an inspection of the 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. The name of a person who files a complaint with the department shall remain 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 or agents involved in the investigation of the complaint.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §135B.12]
88 Acts, ch 1249, §2; 90 Acts, ch 1204, §10; 91 Acts, ch 107, §2
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135B - LICENSURE AND REGULATION OF HOSPITALS › Section 135B.13 - Annual report of department.

135B.13 Annual report of department.
The department shall prepare and publish an annual report of its activities under this chapter.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §135B.13]
90 Acts, ch 1204, §11
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135B - LICENSURE AND REGULATION OF HOSPITALS › Section 135B.14 - Judicial review.

135B.14 Judicial review.
Judicial review of the action of the department may be sought in accordance with chapter 17A. Notwithstanding the terms of chapter 17A, the Iowa administrative procedure Act, petitions for judicial review may be filed in the district court of the county in which the hospital is located or to be located, and the status quo of the petitioner or licensee shall be preserved pending final disposition of the matter in the courts.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §135B.14]
90 Acts, ch 1204, §12
Referred to in §135B.6
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135B - LICENSURE AND REGULATION OF HOSPITALS › Section 135B.15 - Penalties.

135B.15 Penalties.
Any person establishing, conducting, managing, or operating any hospital without a license shall be guilty of a serious misdemeanor, and each day of continuing violation after conviction shall be considered a separate offense.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §135B.15]
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135B - LICENSURE AND REGULATION OF HOSPITALS › Section 135B.16 - Injunction.

135B.16 Injunction.
Notwithstanding the existence or pursuit of any other remedy, the department may, in the manner provided by law, maintain an action in the name of the state for injunction or other process against any person or governmental unit to restrain or prevent the establishment, conduct, management or operation of a hospital without a license.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §135B.16]
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135B - LICENSURE AND REGULATION OF HOSPITALS › Section 135B.17 - Construction.

135B.17 Construction.
1. This chapter is in addition to and not in conflict with chapter 235.
2. 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.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §135B.17]
83 Acts, ch 101, §17; 2004 Acts, ch 1086, §36
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135B - LICENSURE AND REGULATION OF HOSPITALS › Section 135B.18 - County care facilities exempted.

135B.18 County care facilities exempted.
The provisions of this chapter shall not apply to county care facilities established pursuant to chapter 347B and managed by the county board of supervisors.
[C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §135B.18]
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135B - LICENSURE AND REGULATION OF HOSPITALS › Section 135B.18A - Universal newborn and infant hearing screening.

135B.18A Universal newborn and infant hearing screening.
Beginning January 1, 2004, a birthing hospital as defined in section 135.131 shall comply with section 135.131 relating to universal newborn and infant hearing screening.
2003 Acts, ch 102, §2
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135B - LICENSURE AND REGULATION OF HOSPITALS › Section 135B.19 - Title of subchapter.

135B.19 Title of subchapter.
This subchapter may be cited as the “Pathology and Radiology Services in Hospitals Law”.
[C58, 62, 66, 71, 73, 75, 77, 79, 81, §135B.19]
2011 Acts, ch 34, §36; 2017 Acts, ch 54, §76
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135B - LICENSURE AND REGULATION OF HOSPITALS › Section 135B.20 - Definitions.

135B.20 Definitions.
As used in this subchapter, unless the context otherwise requires:
1. “Doctor” shall mean any person licensed to practice medicine and surgery or osteopathic medicine and surgery in this state.
2. “Employees” as used in section 135B.24, and “employment” as used in section 135B.25, shall include and pertain to members of the religious order operating the hospital even though the relationship of employer and employee does not exist between such members and the hospital.
3. “Hospital” shall mean all hospitals licensed under this chapter.
4. “Joint conference committee” shall mean the joint conference committee as required by the joint commission on accreditation of health care organizations or, in a hospital having no such committee, a similar committee, an equal number of which shall be members of the medical staff selected by the staff and an equal number of which shall be selected by the governing board of the hospital.
5. “Technician” shall mean technologist as well.
[C58, 62, 66, 71, 73, 75, 77, 79, 81, §135B.20]
98 Acts, ch 1100, §16; 2008 Acts, ch 1088, §141; 2009 Acts, ch 133, §35; 2017 Acts, ch 54, §76; 2018 Acts, ch 1026, §47
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135B - LICENSURE AND REGULATION OF HOSPITALS › Section 135B.21 - Functions of hospital.

135B.21 Functions of hospital.
The ownership, maintenance, and operation of the laboratory and X ray facilities under this subchapter are proper functions of a hospital.
[C58, 62, 66, 71, 73, 75, 77, 79, 81, §135B.21]
2017 Acts, ch 54, §76; 2018 Acts, ch 1041, §43
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135B - LICENSURE AND REGULATION OF HOSPITALS › Section 135B.22 - Character of services.

135B.22 Character of services.
Pathology and radiology services performed in hospitals are the product of the joint contribution of hospitals, doctors and technicians but these services constitute medical services which must be performed by or under the direction and supervision of a doctor, and no hospital shall have the right, directly or indirectly, to direct, control or interfere with the professional medical acts and duties of the doctor in charge of the pathology or radiology facilities or of the technicians under the doctor’s supervision. Nothing herein contained shall affect the rights of third parties as a result of negligence in the operation or maintenance of the aforesaid pathology and radiology facilities.
[C58, 62, 66, 71, 73, 75, 77, 79, 81, §135B.22]
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135B - LICENSURE AND REGULATION OF HOSPITALS › Section 135B.23 - Agreement with doctor.

135B.23 Agreement with doctor.
Each hospital shall arrange for such services and for the direction and supervision of its pathology or radiology department by entering into either an oral or written agreement with a doctor who is a member of or acceptable to the hospital medical staff. Such doctor may or may not be a specialist. The department may be supervised and directed by a qualified member of the staff and specific services may be referred to a specialist, or the specialist may also direct and supervise the department as may be desired. Any contract so entered into shall be in accordance with the provisions of this subchapter.
[C58, 62, 66, 71, 73, 75, 77, 79, 81, §135B.23]
2017 Acts, ch 54, §76
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135B - LICENSURE AND REGULATION OF HOSPITALS › Section 135B.24 - Employees.

135B.24 Employees.
Unless the department is leased or unless the hospital and doctor mutually agree otherwise, technicians and other personnel, not including doctors, shall be employees of the hospital, subject to the rules of the hospital applicable to employees generally, but under the direction and supervision of the doctor in charge of the department as set forth elsewhere in this subchapter.
[C58, 62, 66, 71, 73, 75, 77, 79, 81, §135B.24]
2017 Acts, ch 54, §76
Referred to in §135B.20
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135B - LICENSURE AND REGULATION OF HOSPITALS › Section 135B.25 - Hiring and dismissal of technicians.

135B.25 Hiring and dismissal of technicians.
The doctor and hospital shall mutually agree upon the employment of any technicians necessary for the proper operation of said department and no technicians shall be dismissed from said employment without the mutual consent of the parties, provided, however, that in the event the hospital and doctor are unable mutually to agree upon the hiring or discharge or disciplining of any employee of said department, the matter shall be promptly submitted to the joint conference committee for final determination.
[C58, 62, 66, 71, 73, 75, 77, 79, 81, §135B.25]
Referred to in §135B.20
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135B - LICENSURE AND REGULATION OF HOSPITALS › Section 135B.26 - Compensation.

135B.26 Compensation.
The contract between the hospital and doctor in charge of the laboratory or X ray facilities may contain any provision for compensation of each upon which they mutually agree. The contract may create the relationship of employer and employee between the hospital and the radiologist or pathologist. A percentage arrangement or a relationship of employer and employee between the hospital and the radiologist or pathologist is not unprofessional conduct on the part of the doctor or in violation of the statutes of this state upon the part of the hospital.
[C58, 62, 66, 71, 73, 75, 77, 79, 81, §135B.26]
83 Acts, ch 27, §8
Referred to in §514B.32
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135B - LICENSURE AND REGULATION OF HOSPITALS › Section 135B.27 - Admission agreement.

135B.27 Admission agreement.
The hospital admission agreement signed by the patient or the patient’s legal representative shall contain the following statement:
Pathology and radiology services are medical services performed or supervised by doctors, and the personnel and facilities are or may be furnished by the hospital for said services. Charges for such services are or may be collected, however, by the hospital on behalf of said doctors pursuant to an agreement between said doctors and the hospital, and from said charges I consent that an agreed sum will be retained by the hospital in accordance with an existing agreement between the doctor and the hospital.
[C58, 62, 66, 71, 73, 75, 77, 79, 81, §135B.27]
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135B - LICENSURE AND REGULATION OF HOSPITALS › Section 135B.28 - Hospital bill.

135B.28 Hospital bill.
1. The hospital bill shall properly include the charges for pathology and radiology services as long as the name of the doctor is stated and it fairly appears that the charge is for medical services.
2. The hospital bill shall also contain a statement substantially in the following form:
The pathology and radiology charges are for medical services rendered by or under the direction of the doctor listed above and are collected by the hospital on behalf of the doctor, from which charges an agreed sum will be retained by the hospital in accordance with an existing agreement to which retention you consented at the time of your admission to the hospital.
3. Upon the effective date of regulations which may be adopted by the United States department of health and human services prohibiting combined billing by hospitals and hospital-based physicians under Tit. XVIII of the federal Social Security Act, the charges for all pathology and radiology services in a hospital, may upon the mutual agreement of the hospital, physician, and third-party payer, be billed separately, the hospital component of the charges being included in the hospital bill and the doctor component being billed by the doctor.
[C58, 62, 66, 71, 73, 75, 77, 79, 81, §135B.28]
83 Acts, ch 27, §9; 2009 Acts, ch 41, §46
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135B - LICENSURE AND REGULATION OF HOSPITALS › Section 135B.29 - Fees.

135B.29 Fees.
All fees to be charged by the doctors for pathology and radiology services shall be mutually agreed upon by the hospital and the doctor. In the event dispute shall arise between the parties the matter shall be submitted to the joint conference committee for final determination.
[C58, 62, 66, 71, 73, 75, 77, 79, 81, §135B.29]
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135B - LICENSURE AND REGULATION OF HOSPITALS › Section 135B.30 - Radiology and pathology fees.

135B.30 Radiology and pathology fees.
Fees for radiology and pathology services must be paid for as medical and not hospital services. In all cases where payment is to be made by a corporation organized pursuant to chapter 514, payment for radiology and pathology services shall be made by a medical service corporation and not by a hospital service corporation.
[C58, 62, 66, 71, 73, 75, 77, 79, 81, §135B.30]
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135B - LICENSURE AND REGULATION OF HOSPITALS › Section 135B.31 - Exceptions.

135B.31 Exceptions.
This subchapter is not intended and shall not affect in any way the obligation of public hospitals under chapter 347 or municipal hospitals to provide medical care or treatment to patients of certain entitlement, nor the operation by the state of mental or other hospitals authorized by law. This subchapter shall not in any way affect or limit the practice of dentistry or the practice of oral surgery by a dentist.
[C58, 62, 66, 71, 73, 75, 77, 79, 81, §135B.31]
87 Acts, ch 233, §427; 2005 Acts, ch 167, §44, 66; 2017 Acts, ch 54, §76
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135B - LICENSURE AND REGULATION OF HOSPITALS › Section 135B.32 - Construction.

135B.32 Construction.
Nothing in this subchapter shall deprive any hospital of its tax exempt or nonprofit status.
[C58, 62, 66, 71, 73, 75, 77, 79, 81, §135B.32]
2018 Acts, ch 1026, §48
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135B - LICENSURE AND REGULATION OF HOSPITALS › Section 135B.33 - Technical assistance — plan — grants.

135B.33 Technical assistance — plan — grants.
1. Subject to availability of funds, the Iowa department of public health shall provide technical planning assistance to local boards of health and hospital governing boards to ensure access to hospital services in rural areas. The department shall encourage the local boards of health and hospital governing boards to adopt a long-term community health services and developmental plan including the following:
a. An analysis of demographic trends in the health facility services area, affecting health facility and health-facility-related health care utilizations.
b. A review of inpatient services currently provided, by type of service and the frequency of provision of that service, and the cost-effectiveness of that service.
c. An analysis of resources available in proximate health facilities and services that might be provided through alternative arrangements with such health facilities.
d. An analysis of cooperative arrangements that could be developed with other health facilities in the area that could assist those health facilities in the provision of services.
e. An analysis of community health needs, including long-term care, nursing facility care, pediatric and maternity services, and the health facilities’ potential role in facilitating the provision of services to meet these needs.
f. An analysis of alternative uses for existing health facility space and real property, including use for community health-related and human service-related purposes.
g. An analysis of mechanisms to meet indigent patient care needs and the responsibilities for the care of indigent patients.
h. An analysis of the existing tax levying of the health facilities for patient care, on a per capita basis and per hospital patient basis, and projections on future needs for tax levying to continue for the provision of care.
2. Providers may cooperatively coordinate to develop one long-term community health services and developmental plan for a geographic area, provided the plan addresses the issues enumerated in this section.
3. The health facilities may seek technical assistance or apply for matching grant funds for the plan development. The department shall require compliance with subsection 1, paragraphs “a” through “h”, when the facility applies for matching grant funds.
86 Acts, ch 1200, §2; 90 Acts, ch 1039, §1; 2009 Acts, ch 41, §192
Referred to in §135.107
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135B - LICENSURE AND REGULATION OF HOSPITALS › Section 135B.35 - Pediatric congenital heart surgery — public reporting of data — patient education.

135B.35 Pediatric congenital heart surgery — public reporting of data — patient education.
A hospital licensed under this chapter that provides pediatric congenital heart surgery shall do all of the following:
1. Participate in a qualified clinical data registry for thoracic surgery by providing all pediatric congenital heart surgery data required and consenting to public reporting of the data shared.
2. Provide information regarding how to access the national information provided in the qualified clinical data registry for thoracic surgery during an educational consultation with a parent or legal guardian of a pediatric patient for whom a congenital heart surgery procedure is recommended.
2019 Acts, ch 78, §1
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135C - HEALTH CARE FACILITIES › Section 135C.3 - Nature of care.

135C.3 Nature of care.
1. A licensed nursing facility shall provide an organized twenty-four-hour program of services commensurate with the needs of its residents and under the immediate direction of a licensed nurse. Medical and nursing services must be provided under the direction of either a house physician or an individually selected physician. Surgery or obstetrical care shall not be provided within the facility. An admission to the nursing facility must be based on a physician’s written order certifying that the individual being admitted requires no greater degree of nursing care than the facility to which the admission is made is licensed to provide and is capable of providing. The nursing facility is not required to admit an individual through court order, referral, or other means without the express prior approval of the administrator of the nursing facility.
2. A licensed intermediate care facility for persons with mental illness shall provide an organized twenty-four-hour program of services commensurate with the needs of its residents and under the immediate direction of a licensed registered nurse, who has had at least two years of recent experience in a chronic or acute psychiatric setting. Medical and nursing services must be provided under the direction of either a house physician or an individually selected physician. Surgery or obstetrical care shall not be provided within the facility. An admission to the intermediate care facility for persons with mental illness must be based on a physician’s written order certifying that the individual being admitted requires no greater degree of nursing care than the facility to which the admission is made is licensed to provide and is capable of providing.
[C58, 62, 66, 71, 73, 75, 77, 79, 81, §135C.3]
90 Acts, ch 1039, §7; 96 Acts, ch 1129, §113; 2012 Acts, ch 1079, §3; 2022 Acts, ch 1032, §36
Referred to in §135C.2, 347B.6
Subsection 2 amended
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135C - HEALTH CARE FACILITIES › Section 135C.4 - Residential care facilities.

135C.4 Residential care facilities.
1. Each facility licensed as a residential care facility shall provide an organized continuous twenty-four-hour program of care commensurate with the needs of the residents of the home and under the immediate direction of a person approved and certified by the department whose combined training and supervised experience is such as to ensure adequate and competent care.
2. All admissions to residential care facilities shall be based on an order written by a physician certifying that the individual being admitted does not require nursing services or that the individual’s need for nursing services can be avoided if home and community-based services, other than nursing care, as defined by this chapter and departmental rule, are provided.
3. For the purposes of this section, the home and community-based services to be provided shall be limited to the type included under the medical assistance program provided pursuant to chapter 249A, shall be subject to cost limitations established by the department of human services under the medical assistance program, and except as otherwise provided by the department of inspections and appeals with the concurrence of the department of human services, shall be limited in capacity to the number of licensed residential care facilities and the number of licensed residential care facility beds in the state as of December 1, 2003.
4. A residential care facility is not required to admit an individual through court order, referral, or other means without the express prior approval of the administrator of the residential care facility.
[C50, 54, §135C.9; C58, 62, 66, 71, 73, 75, 77, 79, 81, §135C.4]
2004 Acts, ch 1085, §2, 11; 2012 Acts, ch 1079, §4
Referred to in §135C.2, 347B.6
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135C - HEALTH CARE FACILITIES › Section 135C.5 - Limitations on use.

135C.5 Limitations on use.
Another business or activity serving persons other than the residents of a health care facility may be operated or provided in a designated part of the physical structure of the health care facility if the other business or activity meets the requirements of applicable state and federal laws, administrative rules, and federal regulations. The department shall not limit the ability of a health care facility to operate or provide another business or activity in the designated part of the facility if the business or activity does not interfere with the use of the facility by the residents or with the services provided to the residents, and is not disturbing to the residents. In denying the ability of a health care facility to operate or provide another business or activity under this section, the burden of proof shall be on the department to demonstrate that the other business or activity substantially interferes with the use of the facility by the residents or the services provided to the residents, or is disturbing to the residents. The state fire marshal, in accordance with chapter 17A, shall adopt rules which establish criteria for approval of a business or activity to be operated or provided in a designated part of the physical structure of a health care facility. For the purposes of this section, “another business or activity” shall not include laboratory services with the exception of laboratory services for which a waiver from regulatory oversight has been obtained under the federal Clinical Laboratory Improvement Amendments of 1988, Pub. L. No. 100-578, as amended, radiological services, anesthesiology services, obstetrical services, surgical services, or emergency room services provided by hospitals licensed under chapter 135B.
[C58, 62, 66, 71, 73, 75, 77, 79, 81, §135C.5]
91 Acts, ch 241, §1; 2005 Acts, ch 126, §1
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135C - HEALTH CARE FACILITIES › Section 135C.7 - Application — fees.

135C.7 Application — fees.
1. Licenses shall be obtained from the department. Applications shall be upon such forms and shall include such information as the department may reasonably require, which may include affirmative evidence of compliance with such other statutes and local ordinances as may be applicable. Each application for license shall be accompanied by the annual license fee prescribed by this section, subject to refund to the applicant if the license is denied, which fee shall be paid over into the state treasury and credited to the general fund if the license is issued. There shall be an annual license fee based upon the bed capacity of the health care facility, as follows:
a. Ten beds or less, twenty dollars.
b. More than ten and not more than twenty-five beds, forty dollars.
c. More than twenty-five and not more than seventy-five beds, sixty dollars.
d. More than seventy-five and not more than one hundred fifty beds, eighty dollars.
e. More than one hundred fifty beds, one hundred dollars.
2. In addition to the license fees listed in this section, there shall be an annual assessment assessed to each licensee in an amount to cover the cost of independent reviewers provided pursuant to section 135C.42. The department shall, in consultation with licensees, establish the assessment amount by rule based on the award of a request for proposals. The assessment shall be retained by the department as a repayment receipt as defined in section 8.2 and used for the purpose of paying the cost of the independent reviewers.
[C50, 54, §135C.3, 135C.4; C58, 62, 66, 71, 73, 75, 77, 79, 81, §135C.7]
2013 Acts, ch 140, §16
Referred to in §135C.2, 135C.8
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135C - HEALTH CARE FACILITIES › Section 135C.8 - Scope of license.

135C.8 Scope of license.
Licenses for health care facilities shall be issued only for the premises and persons or governmental units named in the application and shall not be transferable or assignable except with the written approval of the department, obtained prior to the purchase of the facility involved. Licenses shall be posted in a conspicuous place on the licensed premises as prescribed by regulation of the department. Such licenses, unless sooner suspended or revoked, shall expire one year after the date of issuance and shall be renewed annually upon an application by the licensee. Applications for such renewal shall be made in writing to the department, accompanied by the required fee, at least thirty days prior to the expiration of such license in accordance with regulations promulgated by the department. Health care facilities which have allowed their licenses to lapse through failure to make timely application for renewal of their licenses shall pay an additional fee of twenty-five percent of the annual license fee prescribed in section 135C.7.
[C50, 54, §135C.5; C58, 62, 66, 71, 73, 75, 77, 79, 81, §135C.8]
Referred to in §135C.30
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135C - HEALTH CARE FACILITIES › Section 135C.10 - Denial, suspension, or revocation.

135C.10 Denial, suspension, or revocation.
The department shall have the authority to deny, suspend, or revoke a license in any case where the department finds that there has been repeated failure on the part of the facility to comply with the provisions of this chapter or the rules or minimum standards promulgated hereunder, or for any of the following reasons:
1. Cruelty or indifference to health care facility residents.
2. Appropriation or conversion of the property of a health care facility resident without the resident’s written consent or the written consent of the resident’s legal guardian.
3. Permitting, aiding, or abetting the commission of any illegal act in the health care facility.
4. Inability or failure to operate and conduct the health care facility in accordance with the requirements of this chapter and the minimum standards and rules issued pursuant thereto.
5. Obtaining or attempting to obtain or retain a license by fraudulent means, misrepresentation, or by submitting false information.
6. Habitual intoxication or addiction to the use of drugs by the applicant, manager or supervisor of the health care facility.
7. Securing the devise or bequest of the property of a resident of a health care facility by undue influence.
8. Willful failure or neglect to maintain a continuing in-service education and training program for all personnel employed in the facility.
9. In the case of an application for a new or newly acquired facility, continuing or repeated failure of the licensee to operate any previously licensed facility or facilities in compliance with the provisions of this chapter, the rules adopted pursuant to this chapter, or equivalent provisions that the facility is subject to in this state or any other state.
10. In the case of a license applicant or existing licensee which is an entity other than an individual, the department may deny, suspend, or revoke a license if any individual, who is in a position of control or is an officer of the entity, engages in any act or omission proscribed by this section.
11. Intentionally preventing or interfering with or attempting to prevent or interfere in any way with the performance by any duly authorized representative of the department of the lawful enforcement of this chapter or of the rules adopted pursuant to this chapter. As used in this subsection, “lawful enforcement” includes but is not limited to the following:
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 unless otherwise protected from disclosure by operation of law.
c. Preserving evidence of any violation of this chapter or of the rules adopted pursuant to this chapter.
[C50, 54, §135C.6; C58, 62, 66, 71, 73, 75, 77, 79, 81, §135C.10]
90 Acts, ch 1204, §13; 2014 Acts, ch 1040, §3, 4; 2015 Acts, ch 80, §1
Referred to in §135C.12
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135C - HEALTH CARE FACILITIES › Section 135C.11 - Notice — hearings.

135C.11 Notice — hearings.
1. The denial, suspension, or revocation of a license shall be effected by delivering to the applicant or licensee by certified mail or by personal service of a notice setting forth the particular reasons for such action. Such denial, suspension, or revocation shall become effective thirty days after the mailing or service of the notice, unless the applicant or licensee, within such thirty-day period, shall give written notice to the department requesting a hearing, in which case the notice shall be deemed to be suspended. If a hearing has been requested, the applicant or licensee shall be given an opportunity for a prompt and fair hearing before the department. At any time at or prior to the hearing the department may rescind the notice of the denial, suspension, or revocation upon being satisfied that the reasons for the denial, suspension, or revocation have been or will be removed. On the basis of any such hearing, or upon default of the applicant or licensee, the determination involved in the notice may be affirmed, modified, or set aside by the department. A copy of such decision shall be sent by certified mail, or served personally upon the applicant or licensee. The applicant or licensee may seek judicial review pursuant to section 135C.13.
2. The procedure governing hearings authorized by this section shall be in accordance with the rules promulgated by the department. A full and complete record shall be kept of all proceedings, and all testimony shall be reported but need not be transcribed unless judicial review is sought pursuant to section 135C.13. Copies of the transcript may be obtained by an interested party upon payment of the cost of preparing the copies. Witnesses may be subpoenaed by either party and shall be allowed fees at a rate prescribed by the department’s rules. The director may, after advising a representative of the office of long-term care ombudsman, either proceed in accordance with section 135C.30, or remove all residents and suspend the license or licenses of any health care facility, prior to a hearing, when the director finds that the health or safety of residents of the health care facility requires such action on an emergency basis.
[C50, 54, §135C.6; C58, 62, 66, 71, 73, 75, 77, 79, 81, §135C.11]
99 Acts, ch 129, §1; 2013 Acts, ch 18, §6; 2014 Acts, ch 1040, §5
Referred to in §135C.30
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135C - HEALTH CARE FACILITIES › Section 135C.12 - Conditional operation.

135C.12 Conditional operation.
If the department has the authority under section 135C.10 to deny, suspend or revoke a license, the department or director may, as an alternative to those actions:
1. Apply to the district court of the county in which the licensee’s health care facility is located for appointment by the court of a receiver for the facility pursuant to section 135C.30.
2. Conditionally issue or continue a license dependent upon the performance by the licensee of reasonable conditions within a reasonable period of time as set by the department so as to permit the licensee to commence or continue the operation of the health care facility pending full compliance with this chapter or the regulations or minimum standards promulgated under this chapter. If the licensee does not make diligent efforts to comply with the conditions prescribed, the department may, under the proceedings prescribed by this chapter, suspend or revoke the license. No health care facility shall be operated on a conditional license for more than one year.
3. The department, in evaluating corrections of deficiencies in a facility in receivership or operating on a conditional license, may determine what is satisfactory compliance, provided that in so doing it shall employ established criteria which shall be uniformly applied to all facilities of the same license category.
[C58, 62, 66, 71, 73, 75, 77, 79, 81, §135C.12]
Referred to in §135C.30
For legislative intent regarding imposition of a conditional license if failure of full compliance will result in single class I citation that is not an immediate jeopardy; see
99 Acts, ch 199, §10
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135C - HEALTH CARE FACILITIES › Section 135C.13 - Judicial review.

135C.13 Judicial review.
Judicial review of any action of the director may be sought in accordance with the terms of the Iowa administrative procedure Act, chapter 17A. Notwithstanding the terms of chapter 17A, petitions for judicial review may be filed in the district court of the county where the facility or proposed facility is located, and pending final disposition of the matter the status quo of the applicant or licensee shall be preserved except when the director, after advising a representative of the office of long-term care ombudsman, determines that the health, safety, or welfare of the residents of the facility is in immediate danger, in which case the director may order the immediate removal of such residents.
[C58, 62, 66, 71, 73, 75, 77, 79, 81, §135C.13]
99 Acts, ch 129, §2; 2003 Acts, ch 44, §114; 2013 Acts, ch 18, §7; 2014 Acts, ch 1040, §6
Referred to in §135C.11
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135C - HEALTH CARE FACILITIES › Section 135C.15 - Time to comply.

135C.15 Time to comply.
1. Any health care facility which is in operation at the time of adoption or promulgation of any applicable rules or minimum standards under this chapter shall be given reasonable time from the date of such promulgation to comply with such rules and minimum standards as provided for by the department. The director may grant successive thirty-day extensions of the time for compliance where evidence of a good faith attempt to achieve compliance is furnished, if the extensions will not place in undue jeopardy the residents of the facility to which the extensions are granted.
2. Renovation of an existing health care facility, not already in compliance with all applicable standards, shall be permitted only if the fixtures and equipment to be installed and the services to be provided in the renovated portion of the facility will conform substantially to current operational standards. Construction of an addition to an existing health care facility shall be permitted only if the design of the structure, the fixtures and equipment to be installed, and the services to be provided in the addition will conform substantially to current construction and operational standards.
[C58, 62, 66, 71, 73, 75, 77, 79, 81, §135C.15]
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135C - HEALTH CARE FACILITIES › Section 135C.16A - Inspectors — conflicts of interest.

135C.16A Inspectors — conflicts of interest.
1. Any of the following circumstances disqualifies an inspector from inspecting a particular health care facility under this chapter:
a. The inspector currently works or, within the past two years, has worked as an employee or employment agency staff at the health care facility, or as an officer, consultant, or agent for the health care facility to be inspected.
b. The inspector has any financial interest or any ownership interest in the facility. For purposes of this paragraph, indirect ownership, such as through a broad-based mutual fund, does not constitute financial or ownership interest.
c. The inspector has an immediate family member who has a relationship with the facility as described in paragraph “a” or “b”.
d. The inspector has an immediate family member who currently resides in the facility.
2. For purposes of this section, “immediate family member” means the same as set forth in
42 C.F.R. §488.301
, and includes a husband or wife; natural or adoptive parent, child, or sibling; stepparent, stepchild, or stepsibling; father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, or sister-in-law; or grandparent or grandchild.
2009 Acts, ch 156, §1
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135C - HEALTH CARE FACILITIES › Section 135C.17 - Duties of other departments.

135C.17 Duties of other departments.
It shall be the duty of the department of human services, state fire marshal, office of long-term care ombudsman, and the officers and agents of other state and local governmental units, and the designated protection and advocacy agency to assist the department in carrying out the provisions of this chapter, insofar as the functions of these respective offices and departments are concerned with the health, welfare, and safety of any resident of any health care facility. It shall be the duty of the department to cooperate with the protection and advocacy agency and the office of long-term care ombudsman by responding to all reasonable requests for assistance and information as required by federal law and this chapter.
[C58, 62, 66, 71, 73, 75, 77, 79, 81, §135C.17]
83 Acts, ch 96, §157, 159; 87 Acts, ch 234, §428; 2014 Acts, ch 1040, §9
Referred to in §135C.21
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135C - HEALTH CARE FACILITIES › Section 135C.18 - Employees.

135C.18 Employees.
The department may employ, pursuant to chapter 8A, subchapter IV, such assistants and inspectors as may be necessary to administer and enforce the provisions of this chapter.
[C58, 62, 66, 71, 73, 75, 77, 79, 81, §135C.18]
2003 Acts, ch 145, §188
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135C - HEALTH CARE FACILITIES › Section 135C.19 - Public disclosure of inspection findings — posting of citations.

135C.19 Public disclosure of inspection findings — posting of citations.
1. Following an inspection of a health care facility by the department pursuant to this chapter, the department’s final findings with respect to compliance by the facility with requirements for licensing shall be made available to the public in a readily available form and place. Other information relating to a health care facility obtained by the department which does not constitute the department’s findings from an inspection of the facility shall not be made available to the public except in proceedings involving the citation of a facility for a violation under section 135C.40, or the denial, suspension, or revocation of a license under this chapter. The name of a person who files a complaint with the department shall be confidential.
2. a. A citation for a class I or class II violation which is issued to a health care facility and which has become final, or a copy of the citation, shall be prominently posted as prescribed in rules, until the violation is corrected to the department’s satisfaction. The citation or copy shall be posted in a place in plain view of the residents of the facility cited, persons visiting the residents, and persons inquiring about placement in the facility.
b. A copy of each citation required to be posted by this subsection shall be sent by the department to the department of human services, to the designated protection and advocacy agency if the facility has one or more residents with developmental disabilities or mental illness, and to the office of long-term care ombudsman if the facility is a nursing facility or residential care facility.
3. If the facility cited subsequently advises the department of human services that the violation has been corrected to the satisfaction of the department of inspections and appeals, the department of human services shall maintain this advisory in the same file with the copy of the citation. The department of human services shall not disseminate to the public any information regarding citations issued by the department of inspections and appeals, but shall forward or refer inquiries to the department of inspections and appeals.
[C58, 62, 66, 71, 73, 75, 77, 79, 81, §135C.19]
83 Acts, ch 96, §157, 159; 84 Acts, ch 1227, §2; 87 Acts, ch 234, §429; 90 Acts, ch 1039, §8; 90 Acts, ch 1204, §16, 17; 2009 Acts, ch 41, §263; 2014 Acts, ch 1040, §10
Referred to in §135C.40
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135C - HEALTH CARE FACILITIES › Section 135C.20 - Information distributed.

135C.20 Information distributed.
The department shall prepare, publish and send to licensed health care facilities an annual report of its activities and operations under this chapter and such other bulletins containing fundamental health principles and data as may be deemed essential to assure proper operation of health care facilities, and publish for public distribution copies of the laws, standards and rules pertaining to their operation.
[C58, 62, 66, 71, 73, 75, 77, 79, 81, §135C.20]