Iowa Admin. Code r. 641-202.1

Current through Register Vol. 46, No. 22, May 1, 2024
Rule 641-202.1 - [Effective until 6/5/2024] Definitions

For purposes of this chapter, the following definitions apply:

"Acute care category of bed usage, " as the term applies in Iowa Code section 135.63(2) "k, " shall be the same as the acute care categories listed in the state survey section of the American Hospital Association Annual Survey of Hospitals.

"Any expenditure in excess of five hundred thousand dollars," as defined in Iowa Code section 135.61(18) "e, " means new capital expenditures and new personnel necessary to operate the service for a year.

"Any mobile health service with a value in excess of one million five hundred thousand dollars, " as defined in Iowa Code section 135.61(18) "l," means the value of all equipment used to provide the service, including the trailer. The party providing the equipment shall be the applicant regardless of the location of that party.

"Appropriate geographic service area, " as the term applies to defining affected persons in Iowa Code section 135.61(1) "c, " shall be defined as follows:

1. For applications regarding hospitals, hospitals located in the same county and in Iowa counties contiguous to the county wherein the applicant hospital's proposed project will be located.

2. For applications regarding health care facilities, other health care facilities located in the same county and in Iowa counties contiguous to the county wherein the applicant's proposed health care facility will be located.

3. For applications sponsored by other than the hospitals or health care facilities specified in paragraphs "1" and "2," those providers within the same county who offer similar service or might logically be viewed as potential providers of such service.

"Bed capacity" shall be defined as follows:

1. For hospitals, bed capacity is defined as the total facility licensed beds as reported on the state survey section of the American Hospital Association Annual Survey of Hospitals.

2. For health care facilities, bed capacity is defined as a facility's licensed bed capacity according to the department of inspections and appeals.

"Cardiac catheterization service, " as the term applies to a new or changed institutional health service in Iowa Code section 135.61(18) "m "(1), means the initiation or expansion of this service.

"Consumers served by a new institutional health service " means those consumers residing in the service area as determined by the department.

"Long-term (acute) care hospital," for purposes of these rules, means a hospital that has been approved to participate in the Title XVIII (Medicare) program as a long-term care hospital-prospective payment system hospital (LTCH-PPS) in accordance with 42 CFR Part 412.

"Open heart surgical service, " as the term applies to new or changed institutional health service in Iowa Code section 135.61(18) "m "(2), means the initiation or expansion of this service.

"Organized outpatient health facility, " as defined in Iowa Code section 135.61(20), shall include, but not be limited to, the following types of facilities:

1. Community mental health centers; and

2. Comprehensive outpatient rehabilitation facilities (CORFs) certified by Medicare.

"Organ transplantation service, " as the term applies to a new or changed institutional health service in Iowa Code section 135.61(18) "m" (3), means the initiation or expansion of this service. Each type of organ transplant shall be considered separately.

"Permanent change in bed capacity of an institutional health facility" means a change which is intended to be effective for one year or more.

1. A conversion of a long-term acute care hospital or a rehabilitation hospital as defined by federal regulations to a general acute care hospital or to a different type of specialty hospital is a permanent change in bed capacity and requires a certificate of need.

2. A hospital which has deleted beds pursuant to Iowa Code section 135.63(2) "g " for the purpose of receiving designation as a critical access hospital may reestablish the deleted beds at a later time without obtaining a certificate of need, provided that the number of beds reestablished does not exceed the number of beds maintained prior to the deletion as reported on the bed reduction form.

"Physical facility," as the term applies in Iowa Code section 135.61(18) "f," means a separately licensed facility.

"Private offices and private clinics of an individual physician, dentist, or other practitioner or group of health care providers. " The meaning of this term as used in Iowa Code section 135.63(2) "a" shall be determined by looking at factors which include, but are not limited to:

1. The type of health care service delivered;

2. The control and supervision of medical judgment in the care of and treatment of patients;

3. The control and supervision of professional assistants, including nurses, physician assistants, and technicians; and

4. The ownership and maintenance of medical records of patients.

"Radiation therapy service applying ionizing radiation for the treatment of malignant disease using megavoltage external beam equipment, " as the term applies to new or changed institutional health service in Iowa Code section 135.61(18) "m "(4), means the initiation or expansion of this service.

"Rehabilitation hospital, " for the purposes of these rules, means a hospital that has been approved to participate in the Title XVIII (Medicare) program as an inpatient rehabilitation facility-prospective payment system hospital (IRF-PPS) in accordance with 42 CFR Part 412.23(b), 412.25 or 412.29.

"Relocation of an institutional health facility, " as the term applies to new or changed institutional health service in Iowa Code section 135.61(18) "b, " means the replacement of a facility located in one county with a facility located in another county.

"Value in excess of one million five hundred thousand dollars," as used in Iowa Code section 135.61(18) "g, " "h, " "i" and "j, " means the value of the equipment including any applicable sales tax, delivery charge and installation charge.

Iowa Admin. Code r. 641-202.1

Amended by IAB December 10, 2014/Volume XXXVII, Number 12, effective 1/14/2015