135C.19 Public disclosure of inspection findings — posting of citations.
1. Following an inspection of a health care facility by the department pursuant to this chapter, the department’s final findings with respect to compliance by the facility with requirements for licensing shall be made available to the public in a readily available form and place. Other information relating to a health care facility obtained by the department which does not constitute the department’s findings from an inspection of the facility shall not be made available to the public except in proceedings involving the citation of a facility for a violation under section 135C.40, or the denial, suspension, or revocation of a license under this chapter. The name of a person who files a complaint with the department shall be confidential.
2. a. A citation for a class I or class II violation which is issued to a health care facility and which has become final, or a copy of the citation, shall be prominently posted as prescribed in rules, until the violation is corrected to the department’s satisfaction. The citation or copy shall be posted in a place in plain view of the residents of the facility cited, persons visiting the residents, and persons inquiring about placement in the facility.
b. A copy of each citation required to be posted by this subsection shall be sent by the department to the department of human services, to the designated protection and advocacy agency if the facility has one or more residents with developmental disabilities or mental illness, and to the office of long-term care ombudsman if the facility is a nursing facility or residential care facility.
3. If the facility cited subsequently advises the department of human services that the violation has been corrected to the satisfaction of the department of inspections and appeals, the department of human services shall maintain this advisory in the same file with the copy of the citation. The department of human services shall not disseminate to the public any information regarding citations issued by the department of inspections and appeals, but shall forward or refer inquiries to the department of inspections and appeals.
[C58, 62, 66, 71, 73, 75, 77, 79, 81, §135C.19]
83 Acts, ch 96, §157, 159; 84 Acts, ch 1227, §2; 87 Acts, ch 234, §429; 90 Acts, ch 1039, §8; 90 Acts, ch 1204, §16, 17; 2009 Acts, ch 41, §263; 2014 Acts, ch 1040, §10
Referred to in §135C.40
Structure Iowa Code
Chapter 135C - HEALTH CARE FACILITIES
Section 135C.2 - Purpose — rules — special classifications — protection and advocacy agency.
Section 135C.3 - Nature of care.
Section 135C.4 - Residential care facilities.
Section 135C.5 - Limitations on use.
Section 135C.6 - License required — exemptions.
Section 135C.7 - Application — fees.
Section 135C.8 - Scope of license.
Section 135C.9 - Inspection before issuance — notice of deficiencies.
Section 135C.10 - Denial, suspension, or revocation.
Section 135C.11 - Notice — hearings.
Section 135C.12 - Conditional operation.
Section 135C.13 - Judicial review.
Section 135C.15 - Time to comply.
Section 135C.16 - Inspections.
Section 135C.16A - Inspectors — conflicts of interest.
Section 135C.17 - Duties of other departments.
Section 135C.19 - Public disclosure of inspection findings — posting of citations.
Section 135C.20 - Information distributed.
Section 135C.20B - Governor’s award — quality care.
Section 135C.22 - Applicable to governmental units.
Section 135C.23 - Express requirements for admission or residence.
Section 135C.24 - Personal property or affairs of patients or residents.
Section 135C.25 - Resident advocate committee appointments — duties — disclosure — liability.
Section 135C.26 - Director notified of casualties.
Section 135C.27 - Federal funds to implement program.
Section 135C.28 - Conflicting statutes.
Section 135C.29 - License list to county commissioner of elections.
Section 135C.30 - Operation of facility under receivership.
Section 135C.31 - Discharge of Medicaid patients.
Section 135C.31A - Assessment of residents — program eligibility — prescription drug coverage.
Section 135C.32 - Hospice services covered by Medicare.
Section 135C.34 - Medication aide — certification.
Section 135C.35 - Training of inspectors.
Section 135C.36 - Violations classified — penalties.
Section 135C.37 - Complaints alleging violations — confidentiality.
Section 135C.38 - Inspections upon complaints.
Section 135C.39 - No advance notice of inspection — exception.
Section 135C.40 - Citations when violations found — penalties — exception.
Section 135C.40A - Issuance of final findings.
Section 135C.41 - Licensee’s response to citation.
Section 135C.42 - Informal conference on contested citation.
Section 135C.43 - Judicial review.
Section 135C.43A - Reduction of penalty amount.
Section 135C.44 - Treble fines for repeated violations.
Section 135C.44A - Double fines for intentional violations.
Section 135C.45 - Refund of penalty.
Section 135C.45A - Notification penalty.
Section 135C.46 - Retaliation by facility prohibited.