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HSB 1

A bill for an act relating to the review by the department of inspections, appeals, and licensing of certain deficient practices by nursing facilities.

2025-2026 Regular Session

HF 309 requires DIAL to conduct a formal pre-final review of each potentially citable deficient practice, with facility participation, before final findings.

Committee report approving bill, renumbered as HF 309.
#inspections #nursingfacilities
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Bill Summary · HSB 1

HF 309 (formerly HSB 1): Summary

Overview

  • Legislative action: Committee report approving bill, renumbered as HF 309
  • Bill number: HSB 1 (renumbered to HF 309)
  • Title: A bill for an act relating to the review by the department of inspections, appeals, and licensing of certain deficient practices by nursing facilities
  • Introduced: January 14, 2025
  • Committee status: Subcommittee and committee votes indicate bipartisan support; committee report recommending passage
  • Subject: Inspections, nursing facilities
  • Primary state agency: Department of Inspections, Appeals, and Licensing (DIAL)

Purpose and intent

The bill aims to strengthen the review process used by DIAL for deficient practices identified during inspections or investigations of nursing facilities, specifically those that could lead to a citation for immediate jeopardy or substandard quality of care. The intent is to ensure a consistent, accurate application of federal and state inspection protocols and regulatory standards by requiring a formal pre-final review with facility participation.

Key provisions

  • New requirement: DIAL must establish and maintain a formal process to review each deficient practice for which a citation may be issued to a nursing facility for immediate jeopardy or substandard quality of care.
  • Pre-final review: This review occurs prior to issuance of final findings under Section 135C.40A.
  • Facility participation: Representatives of the nursing facility that received the citation may participate in the review to provide context and/or evidence to assist DIAL in evaluating the deficient practice.
  • Purpose of the review: To ensure consistent and accurate application of federal and state inspection protocols and defined regulatory standards when determining final findings.
  • Remains focused on final findings: The bill does not replace final findings but adds a structured pre-final review step.

How it changes current law

  • Current law: After an inspection/investigation identifies a potential violation, DIAL may issue a written citation within five days of the determination; facility representatives may provide context before final findings are issued.
  • With HF 309: DIAL must create a formal pre-final review process for each potentially citable deficient practice, with facility participation, aimed at improving consistency and accuracy before final findings are issued.

Who is affected

  • Nursing facilities that receive citations for immediate jeopardy or substandard quality of care
  • DIAL staff responsible for inspections, appeals, and licensing
  • Facility representatives who would participate in the pre-final review

Procedural and timeline aspects

  • Timing: The pre-final review must occur before final findings are issued under 135C.40A; exact sequencing relative to the 5-day citation window is not specified beyond prior-to-final-finding requirement.
  • Legislative timeline: Introduced 1/14/2025; subcommittee recommendation 1/21/2025; subcommittee meeting held 1/21/2025; committee vote (yea 20, nay 0, excused 1) 2/6/2025; committee report recommending passage 2/6/2025; renumbered HF 309 2/10/2025.

Potential impacts

  • Pros: Potential for more accurate, consistent outcomes; greater transparency and due-process opportunities for facilities; alignment with federal/state standards.
  • Cons: Possible extension of the time to issue final findings due to the added review step; need for clear implementation guidelines and resources within DIAL.

Next steps

  • If adopted, DIAL would implement the formal pre-final review process and publish any related procedures to guide facility participation and ensure consistency with inspection protocols.

Compiled from official sources — confirm details with the bill’s official record.

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