135C.40 - CITATIONS WHEN VIOLATIONS FOUND -- PENALTIES -- EXCEPTION.
135C.40 CITATIONS WHEN VIOLATIONS FOUND -- PENALTIES
-- EXCEPTION.
1. If the director determines, based on the findings of an
inspection or investigation of a health care facility, that the
facility is in violation of this chapter or rules adopted under this
chapter, the director within five working days after making the
determination, may issue a written citation to the facility. The
citation shall be served upon the facility personally, by electronic
mail, or by certified mail, except that a citation for a Class III
violation may be sent by ordinary mail. Each citation shall
specifically describe the nature of the violation, identifying the
Code section or subsection or the rule or standard violated, and the
classification of the violation under section 135C.36. Where
appropriate, the citation shall also state the period of time allowed
for correction of the violation, which shall in each case be the
shortest period of time the department deems feasible. Failure to
correct a violation within the time specified, unless the licensee
shows that the failure was due to circumstances beyond the licensee's
control, shall subject the facility to a further penalty of fifty
dollars for each day that the violation continues after the time
specified for correction.
a. If a facility licensed under this chapter is subject to or
will be subject to denial of payment including payment for Medicare
or medical assistance under chapter 249A, or denial of payment for
all new admissions pursuant to 42 C.F.R. § 488.417, and submits a
plan of correction relating to a statement of deficiencies or a
response to a citation issued under rules adopted by the department
and the department elects to conduct an on-site revisit inspection,
the department shall commence the revisit inspection within the
shortest time feasible of the date that the plan of correction is
received, or the date specified within the plan of correction
alleging compliance, whichever is later.
b. If the department recommends the issuance of federal
remedies pursuant to 42 C.F.R. § 488.406(a)(2) or (a)(3), relating to
an inspection conducted by the department, the department shall issue
the statement of deficiencies within twenty-four hours of the date
that the centers for Medicare and Medicaid services of the United
States department of health and human services was notified of the
recommendation for the imposition of remedies.
c. The facility shall be provided an exit interview at the
conclusion of an inspection and the facility representative shall be
informed of all issues and areas of concern related to the deficient
practices. The department may conduct the exit interview either in
person or by telephone, and a second exit interview shall be provided
if any additional issues or areas of concern are identified. The
facility shall be provided two working days from the date of the exit
interview to submit additional or rebuttal information to the
department.
2. When a citation is served upon or mailed to a health care
facility under subsection 1 and the licensee of the facility is not
actually involved in the daily operation of the facility, a copy of
the citation shall be mailed to the licensee. If the licensee is a
corporation, a copy of the citation shall be sent to the
corporation's office of record. If the citation was issued pursuant
to an inspection resulting from a complaint filed under section
135C.37, a copy of the citation shall be sent to the complainant at
the earliest time permitted by section 135C.19, subsection 1.
3. No health care facility shall be cited for any violation
caused by any practitioner licensed pursuant to chapter 148 if that
practitioner is not the licensee of and is not otherwise financially
interested in the facility and the licensee or the facility presents
evidence that reasonable care and diligence have been exercised in
notifying the practitioner of the practitioner's duty to the patients
in the facility. Section History: Early Form
[C77, 79, 81, § 135C.40; 81 Acts, ch 61, § 1] Section History: Recent Form
84 Acts, ch 1227, § 4; 2008 Acts, ch 1088, §89; 2009 Acts, ch 156,
§5
Referred to in § 135C.19, 135C.36, 135C.41, 135C.46