Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 150 - Iowa Regionalized System of Perinatal Health Care › Rule 641-150.10 - Grant or Denial of Certificate of Verification; and Offenses and Penalties

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Upon
			 receipt of the levels-of-care assessment tool and the on-site survey results,
			 if required, the department shall within 30 days issue its decision to grant or
			 deny the hospital a certificate of verification. The department may deny
			 verification or may give a citation and warning, place on probation, suspend,
			 or revoke existing verification if the department finds reason to believe the
			 hospital's perinatal care program has not been or will not be operated in
			 compliance with these rules. The denial, citation and warning, period of
			 probation, suspension or revocation shall be effected and may be appealed in
			 accordance with the requirements of Iowa Code section
			 17A.12.
(2) All complaints regarding the operation of
			 a participating hospital's perinatal care program shall be reported to the
			 department and to the department of inspections and appeals.
(3) Complaints and the investigative process
			 shall be treated as confidential to the extent they are protected by Iowa Code
			 sections
			 22.7
			 and
			 135.11(27).
(4) Complaint investigations may result in
			 the department's issuance of a notice of denial, citation and warning,
			 probation, suspension or revocation.
(5) Notice of denial, citation and warning,
			 probation, suspension or revocation shall be effected in accordance with the
			 requirements of Iowa Code section
			 17A.12.
			 Notice to the hospital of denial, citation and warning, probation, suspension
			 or revocation shall be served by certified mail, return receipt requested, or
			 by personal service.
(6) Any
			 request for a hearing concerning the denial, citation and warning, probation,
			 suspension or revocation shall be submitted by the aggrieved party in writing
			 to the department by certified mail, return receipt requested, within 20 days
			 of the receipt of the department's notice to take action. The address is: Iowa
			 Department of Public Health, Bureau of Family Health, Regionalized System of
			 Perinatal Health Care Coordinator, 321 East 12th Street, Lucas State Office
			 Building, Des Moines, Iowa 50319-0075. If the request is made within the 20-day
			 time period, the notice to take action shall be deemed to be suspended pending
			 the hearing. Prior to or at the hearing, the department may rescind the notice
			 upon satisfaction that the reason for the denial, citation and warning,
			 probation, suspension or revocation has been or will be removed. If no request
			 for a hearing is received within the 20-day time period, the department's
			 notice of denial, citation and warning, probation, suspension or revocation
			 shall become the department's final agency action.
(7) Upon receipt of a request for hearing,
			 the request shall be forwarded within five working days to the department of
			 inspections and appeals pursuant to the rules adopted by that agency regarding
			 the transmission of contested cases. The information upon which the adverse
			 action is based and any additional information, which may be provided by the
			 aggrieved party, shall also be provided to the department of inspections and
			 appeals.
(8) The hearing shall be
			 conducted according to the procedural rules of the department of inspections
			 and appeals found in 481-Chapter 10, Iowa Administrative Code.
(9) When the administrative law judge makes a
			 proposed decision and order, it shall be served by certified mail, return
			 receipt requested, or delivered by personal service. That proposed decision and
			 order then becomes the department's final agency action without further
			 proceedings ten days after it is received by the aggrieved party unless an
			 appeal to the director is taken.
(10) Any appeal to the director for review of
			 the proposed decision and order of the administrative law judge shall be filed
			 in writing and mailed to the director by certified mail, return receipt
			 requested, or delivered by personal service within ten days after the receipt
			 of the administrative law judge's proposed decision and order by the aggrieved
			 party. A copy of the appeal shall also be mailed to the administrative law
			 judge. Any request for an appeal shall state the reason for appeal.
(11) Upon receipt of an appeal request, the
			 administrative law judge shall prepare the record of the hearing for submission
			 to the director. The record shall include the following:
a. All pleadings, motions, and
			 rules.
b. All evidence received or
			 considered and all other submissions by recording or transcript.
c. A statement of all matters officially
			 noticed.
d. All questions and
			 offers of proof, objections and rulings on them.
e. All proposed findings and
			 exceptions.
f The proposed decision
			 and order of the administrative law judge.