Section 135C.37 – Complaints alleging violations — confidentiality.
135C.37 Complaints alleging violations — confidentiality. A person may request an inspection of a health care facility by filing with the department, certified volunteer long-term care ombudsman, or the office of long-term care ombudsman, a complaint of an alleged violation of applicable requirements of this chapter or the rules adopted pursuant to this chapter. A […]
Section 135C.38 – Inspections upon complaints.
135C.38 Inspections upon complaints. 1. a. Upon receipt of a complaint made in accordance with section 135C.37, the department shall make a preliminary review of the complaint. Unless the department concludes that the complaint is intended to harass a facility or a licensee or is without reasonable basis, the department shall make or cause to […]
Section 135C.39 – No advance notice of inspection — exception.
135C.39 No advance notice of inspection — exception. No advance notice of an on-site inspection made pursuant to section 135C.38 shall be given the health care facility or the licensee thereof unless previously and specifically authorized in writing by the director or required by federal law. The person in charge of the facility shall be […]
Section 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 […]
Section 135C.40A – Issuance of final findings.
135C.40A Issuance of final findings. The department shall issue the final findings of an inspection or investigation of a health care facility within ten working days after completion of the on-site inspection or investigation. The final findings shall be served upon the facility personally, by electronic mail, or by certified mail. 2009 Acts, ch 156, […]
Section 135C.41 – Licensee’s response to citation.
135C.41 Licensee’s response to citation. Within twenty business days after service of a citation under section 135C.40, a facility shall do one of the following: 1. If the facility does not desire to contest the citation, take one of the following actions: a. Remit to the department the amount specified by the department pursuant to […]
Section 135C.42 – Informal conference on contested citation.
135C.42 Informal conference on contested citation. 1. The director shall provide an independent reviewer to hold an informal conference with the facility within ten working days after receipt of a request made under section 135C.41, subsection 2, paragraph “a”. At the conclusion of the conference the independent reviewer may affirm or may modify or dismiss […]
Section 135C.43 – Judicial review.
135C.43 Judicial review. 1. A facility which has exhausted all adequate administrative remedies and is aggrieved by the final action of the department may petition for judicial review in the manner provided by chapter 17A. 2. Hearings on petitions for judicial review brought under this section shall be set for trial at the earliest possible […]
Section 135C.43A – Reduction of penalty amount.
135C.43A Reduction of penalty amount. If a facility has been assessed a penalty, does not request a formal hearing pursuant to section 135C.41, subsection 2, paragraph “b”, or withdraws its request for a formal hearing within thirty days of the date that the penalty was assessed, and the penalty is paid within thirty days of […]
Section 135C.44 – Treble fines for repeated violations.
135C.44 Treble fines for repeated violations. The penalties authorized by section 135C.36 shall be trebled for a second or subsequent class I or class II violation occurring within any twelve-month period if a citation was issued for the same class I or class II violation occurring within that period and a penalty was assessed therefor. […]