135C.5 Limitations on use.
Another business or activity serving persons other than the residents of a health care facility may be operated or provided in a designated part of the physical structure of the health care facility if the other business or activity meets the requirements of applicable state and federal laws, administrative rules, and federal regulations. The department shall not limit the ability of a health care facility to operate or provide another business or activity in the designated part of the facility if the business or activity does not interfere with the use of the facility by the residents or with the services provided to the residents, and is not disturbing to the residents. In denying the ability of a health care facility to operate or provide another business or activity under this section, the burden of proof shall be on the department to demonstrate that the other business or activity substantially interferes with the use of the facility by the residents or the services provided to the residents, or is disturbing to the residents. The state fire marshal, in accordance with chapter 17A, shall adopt rules which establish criteria for approval of a business or activity to be operated or provided in a designated part of the physical structure of a health care facility. For the purposes of this section, “another business or activity” shall not include laboratory services with the exception of laboratory services for which a waiver from regulatory oversight has been obtained under the federal Clinical Laboratory Improvement Amendments of 1988, Pub. L. No. 100-578, as amended, radiological services, anesthesiology services, obstetrical services, surgical services, or emergency room services provided by hospitals licensed under chapter 135B.
[C58, 62, 66, 71, 73, 75, 77, 79, 81, §135C.5]
91 Acts, ch 241, §1; 2005 Acts, ch 126, §1
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.