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Bill

1401DP

Immediate Jeopardy Process, Nursing Facilities (1401DP) - Inspections, Appeals, and Licensing, Department of

2025-2026 Regular Session

Imposes a pre-issuance review for any nursing facility practice that could trigger an immediate jeopardy or SQOC citation, with facility input.

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Bill Summary · 1401DP

Summary of Bill 1401DP: Immediate Jeopardy Process, Nursing Facilities (1401DP)

Overview

Bill 1401DP would modify how the Department of Inspections, Appeals, and Licensing (DIAL) reviews certain deficient practices at nursing facilities before issuing final findings or citations. The bill focuses on practices that may lead to immediate jeopardy or substandard quality of care and adds a pre-citation review step that includes facility participation.

What the bill would do

  • Create and require a formal pre-issuance review process for each deficient practice that could result in a citation for immediate jeopardy or substandard quality of care (SQOC).
  • Require facility representatives to participate in the review to provide context and evidence for DIAL’s consideration.
  • Direct the review to ensure consistent and accurate application of applicable federal and state inspection protocols and regulatory standards.
  • Apply specifically to potential citations under Code section 135C.40, prior to the issuance of final findings under section 135C.40A.

Key provisions (substantive changes)

  • Amends Code 135C.40(1)(d)(1) to mandate a pre-citation review process for each deficient practice that could lead to an immediate jeopardy or SQOC citation.
  • Facility representatives may participate in the review to supply context or evidence before DIAL issues a citation.
  • The review must promote consistent and accurate application of both federal and state inspection protocols and defined regulatory standards.

Who is affected

  • Nursing facilities subject to DIAL oversight and potential citations for immediate jeopardy or SQOC.
  • DIAL staff and leadership responsible for inspections, investigations, licensing, and appeals.
  • Facility representatives who would participate in the pre-citation review.

Procedural and timeline aspects

  • The bill introduces a pre-issuance review prior to final findings (under 135C.40A) and prior to formal citation issuance.
  • Facility representatives can provide context or evidence during the review, potentially shaping whether a final finding of immediate jeopardy or SQOC is issued.
  • The exact timelines for completing the pre-review are not specified in the text provided, but the process is intended to occur before final findings or citations.

Potential impacts and considerations

  • Benefits: Enhanced fairness, transparency, and consistency in applying inspection standards; improved quality of evidence guiding final findings.
  • Considerations: Possible changes to the speed of citation issuance; administrative workload implications for DIAL; potential for extended negotiations or discussions prior to final determinations.

Status and notes

  • Prefiled as of November 28, 2025.
  • Title: Immediate Jeopardy Process, Nursing Facilities (1401DP) - Inspections, Appeals, and Licensing, Department of.
  • Status: Not specified in the provided text.

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

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