Bill Summary – FastDemocracy

House File 2324 - Introduced
                                  HOUSE FILE 2324
                                  BY COMMITTEE ON HEALTH AND
                                      HUMAN SERVICES
                                  (SUCCESSOR TO HSB 589)
                            A BILL FOR
An Act relating to ambulatory surgical centers.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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                               H.F. 2324
    Section 1. Section 10A.711, subsection 2, Code 2024, is
 amended to read as follows:
    2. “Ambulatory surgical center” means ambulatory surgical
 center as defined in section 135R.1 a distinct facility that
 operates primarily for the purpose of providing surgical
 services to patients not requiring hospitalization and in which
 the expected duration of services does not exceed twenty-four
 hours following an admission. “Ambulatory surgical center”
 includes a facility certified or seeking certification as an
 ambulatory surgical center under the federal Medicare program
 or under the medical assistance program established pursuant
 to chapter 249A. “Ambulatory surgical center” does not include
 the individual or group practice office of a private physician,
 podiatrist, or dentist who there engages in the lawful practice
 of surgery, or the portion of a licensed hospital designated
 for outpatient surgical treatment.
    Sec. 2. Section 10A.713, subsection 2, Code 2024, is amended
 by adding the following new paragraph:
    NEW PARAGRAPH. q. Cosmetic, reconstructive, or plastic
 surgery services provided in an ambulatory surgical center
 licensed under chapter 135R.
    Sec. 3. Section 135R.3, subsection 1, Code 2024, is amended
 to read as follows:
    1. An applicant for an ambulatory surgical center license
 shall submit an application to 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 the ability to comply with reasonable
 rules and standards prescribed under this chapter but which
 shall not exceed either the requirements for applications
 required by Medicare, or an accreditation standard for the
 joint commission, the American association for accreditation of
 ambulatory surgical facilities, the accreditation association
 for ambulatory health care, or an accrediting organization with
 deeming authority authorized by the centers for Medicare and
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                                        H.F. 2324
 Medicaid services of the United States department of health and
 human services.
    Sec. 4. Section 135R.4, subsection 1, Code 2024, is amended
 to read as follows:
    1. The department, with the advice and approval of the
 council on health and human services, shall adopt rules
 specifying the standards for ambulatory surgical centers to be
 licensed under this chapter. The rules shall be consistent
 with and shall not exceed the requirements of this chapter and
 the conditions for coverage in the federal Medicare program
 for ambulatory surgical centers under 42 C.F.R. pt. 416,
 or an accreditation standard for the joint commission, the
 American association for accreditation of ambulatory surgical
 facilities, the accreditation association for ambulatory health
 care, or an accrediting organization with deeming authority
 authorized by the centers for Medicare and Medicaid services of
 the United States department of health and human services.
    Sec. 5. Section 135R.5, subsection 2, Code 2024, is amended
 to read as follows:
    2. The department shall recognize, in lieu of its own
 licensure inspection, the comparable inspection and inspection
 findings of a Medicare conditions for coverage survey completed
 by the department or an accrediting organization survey from an
 accrediting organization with deeming authority authorized by
 the centers for Medicare and Medicaid services of the United
 States department of health and human services. An ambulatory
 surgical center utilizing an accrediting organization survey
 to satisfy the requirements of this section shall submit an
 accreditation certificate to the department within thirty days
 of completion of each accrediting organization survey.
                           EXPLANATION
         The inclusion of this explanation does not constitute agreement with
          the explanation’s substance by the members of the general assembly.
   This bill relates to ambulatory surgical centers (ASCs).
   The bill defines “ambulatory surgical center” differently
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                                H.F. 2324
 for the purposes of Code chapter 10A (department of
 inspections, appeals, and licensing) relative to the health
 facilities council and certificate of need as compared with
 Code chapter 135R (ambulatory surgical centers). Under Code
 section 10A.711, “ambulatory surgical center” does not include
 the individual or group practice office of a private physician,
 podiatrist, or dentist who there engages in the lawful practice
 of surgery, or the portion of a licensed hospital designated
 for outpatient surgical treatment. Under Code section 135R.1,
 “ambulatory surgical center” does not include the individual or
 group practice office of a private physician, podiatrist, or
 dentist who there engages in the lawful practice of surgery,
 not including cosmetic, reconstructive, or plastic surgery, or
 the portion of a licensed hospital designated for outpatient
 surgical treatment.
    The bill also exempts from the applicability of certificate
 of need requirements, cosmetic, reconstructive, or plastic
 surgery services provided in an ambulatory surgical center as
 defined in Code section 135R.1, and as licensed pursuant to
 Code chapter 135R.
    The bill amends Code section 135R.3(1) and Code section
 135R.4(1) to provide that the application requirements for an
 ASC license and the rules adopted specifying standards for an
 ASC shall not exceed, as applicable, either the requirements
 for applications or the conditions for coverage required
 by Medicare, or an accreditation standard for the joint
 commission, the American association for accreditation of
 ambulatory surgical facilities, the accreditation association
 for ambulatory health care, or an accrediting organization with
 deeming authority authorized by the centers for Medicare and
 Medicaid services (CMS) of the United States department of
 health and human services.
    Code section 135R.5(2) provides that the department of
 inspections, appeals, and licensing (DIAL) shall recognize, in
 lieu of its own licensure inspection, the comparable inspection
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                                H.F. 2324
 and inspections findings of a Medicare conditions survey
 completed by DIAL or an accrediting organization with deeming
 authority authorized by CMS. The bill provides instead that
 DIAL shall recognize the comparable inspection and inspections
 findings of a Medicare conditions survey completed by DIAL
 or an accrediting organization survey from an accrediting
 organization with deeming authority authorized by CMS. An ASC
 utilizing an accrediting organization survey as specified shall
 submit an accreditation certificate to DIAL within 30 days of
 completion of each accrediting organization survey.
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Statutes affected: 
Introduced: 10A.711, 135R.3, 135R.4, 135R.5