US Lawyer Database

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 […]

Section 135C.21 – Penalties.

135C.21 Penalties. 1. Any person establishing, conducting, managing, or operating any health care facility without a license shall be guilty of a serious misdemeanor. Each day of continuing violation after conviction or notice from the department by certified mail of a violation shall be considered a separate offense or chargeable offense. Any such person establishing, […]

Section 135C.22 – Applicable to governmental units.

135C.22 Applicable to governmental units. The provisions of this chapter shall be applicable to institutions operated by or under the control of the department of human services, the state board of regents, or any other governmental unit. [C50, 54, §135C.8; C58, 62, 66, 71, 73, 75, 77, 79, 81, §135C.22] 83 Acts, ch 96, §157, […]

Section 135C.23 – Express requirements for admission or residence.

135C.23 Express requirements for admission or residence. No individual shall be admitted to or permitted to remain in a health care facility as a resident, except in accordance with the requirements of this section. 1. Each resident shall be covered by a contract executed at the time of admission or prior thereto by the resident, […]