135.62 - DEPARTMENT TO ADMINISTER DIVISION -- HEALTH FACILITIES COUNCIL ESTABLISHED -- APPOINTMENTS -- POWERS AND DUTIES.
135.62 DEPARTMENT TO ADMINISTER DIVISION -- HEALTH
FACILITIES COUNCIL ESTABLISHED -- APPOINTMENTS -- POWERS AND
DUTIES.
1. This division shall be administered by the department. The
director shall employ or cause to be employed the necessary persons
to discharge the duties imposed on the department by this division.
2. There is established a state health facilities council
consisting of five persons appointed by the governor. The council
shall be within the department for administrative and budgetary
purposes.
a. Qualifications. The members of the council shall be
chosen so that the council as a whole is broadly representative of
various geographical areas of the state and no more than three of its
members are affiliated with the same political party. Each council
member shall be a person who has demonstrated by prior activities an
informed concern for the planning and delivery of health services. A
member of the council and any spouse of a member shall not, during
the time that member is serving on the council, do either of the
following:
(1) Be a health care provider nor be otherwise directly or
indirectly engaged in the delivery of health care services nor have a
material financial interest in the providing or delivery of health
services.
(2) Serve as a member of any board or other policymaking or
advisory body of an institutional health facility, a health
maintenance organization, or any health or hospital insurer.
b. Appointments. Terms of council members shall be six
years, beginning and ending as provided in section 69.19. A member
shall be appointed in each odd-numbered year to succeed each member
whose term expires in that year. Vacancies shall be filled by the
governor for the balance of the unexpired term. Each appointment to
the council is subject to confirmation by the senate. A council
member is ineligible for appointment to a second consecutive term,
unless first appointed to an unexpired term of three years or less.
c. Chairperson. The governor shall designate one of the
council members as chairperson. That designation may be changed not
later than July 1 of any odd-numbered year, effective on the date of
the organizational meeting held in that year under paragraph "d".
d. Meetings. The council shall hold an organizational
meeting in July of each odd-numbered year, or as soon thereafter as
the new appointee or appointees are confirmed and have qualified.
Other meetings shall be held as necessary to enable the council to
expeditiously discharge its duties. Meeting dates shall be set upon
adjournment or by call of the chairperson upon five days' notice to
the other members.
e. Compensation. Each member of the council shall receive a
per diem as specified in section 7E.6 and reimbursement for actual
expenses while engaged in official duties.
f. Duties. The council shall do all of the following:
(1) Make the final decision, as required by section 135.69, with
respect to each application for a certificate of need accepted by the
department.
(2) Determine and adopt such policies as are authorized by law
and are deemed necessary to the efficient discharge of its duties
under this division.
(3) Have authority to direct staff personnel of the department
assigned to conduct formal or summary reviews of applications for
certificates of need.
(4) Advise and counsel with the director concerning the
provisions of this division and the policies and procedures adopted
by the department pursuant to this division.
(5) Review and approve, prior to promulgation, all rules adopted
by the department under this division. Section History: Early Form
[C79, 81, § 135.62] Section History: Recent Form
86 Acts, ch 1245, § 1109; 88 Acts, ch 1277, §26; 90 Acts, ch 1256,
§ 30; 91 Acts, ch 225, §2, 3; 97 Acts, ch 93, §3; 2009 Acts, ch 41,
§40
Confirmation, see § 2.32