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. […]
Section 135C.44A – Double fines for intentional violations.
135C.44A Double fines for intentional violations. The penalties authorized by section 135C.36 shall be doubled for each class I violation when the violation is due to an intentional act by the facility in violation of a provision of this chapter or a rule of the department. 2009 Acts, ch 156, §10
Section 135C.45 – Refund of penalty.
135C.45 Refund of penalty. If at any time a contest or appeal of any citation issued a health care facility under this chapter results in an order or determination that a penalty previously paid to or collected by the department must be refunded to the facility, the refund shall be made from any money in […]
Section 135C.45A – Notification penalty.
135C.45A Notification penalty. A person who notifies, or causes to be notified, a health care facility, of the time and date on which a survey or on-site inspection of the facility is scheduled, is subject to an administrative penalty of not less than one thousand dollars and not more than two thousand dollars. 90 Acts, […]
Section 135C.46 – Retaliation by facility prohibited.
135C.46 Retaliation by facility prohibited. 1. A facility shall not discriminate or retaliate in any way against a resident or an employee of the facility who has initiated or participated in any proceeding authorized by this chapter. A facility which violates this section is subject to a penalty of not less than two hundred fifty […]