SB 109
Amends various provisions regarding the licensure and inspection of hospitals
LR Number:
Last Action:
5/17/2013 - S Informal Calendar S Bills for Perfection--SB 109-Brown, with SCS
Journal Page:
SCS SB 109
Calendar Position:
Effective Date:
August 28, 2013

Current Bill Summary

SCS/SB 109 - This act requires the Department of Health and Senior Services to review and revise its regulations governing hospital licensure and enforcement to promote efficiency and eliminate duplicate regulations and inspections by or on behalf of the state and federal agencies.

The Department is also required to adopt regulations that require among other things: (1) Specific findings of deficiencies to refer to the specific written and publicly available standard developed by the department that is the basis of the finding; (2) Consistency with the federal Centers for Medicare and Medicaid Services' (CMS) Conditions of Participation; (3) Published guidelines for complaint investigations and a process to determine if a complaint warrants an onsite investigation; (4) Limits to the specific referenced regulatory standard or standards concerning the specific service or department within the facility mentioned in the complaint to be investigated by the Department (5) A process to provide a hospital with a report of all complaints made against it.

Hospitals and hospital personnel shall have the opportunity to participate in annual continuing training sessions provided to state licensure surveyors.

This act also establishes specific timelines identical, to the extent practicable, to those in CMS's State Operations Manual for state hospital officials to respond to a hospital regarding the status and outcome of pending investigations and possible regulatory action.

The Department shall also accept a hospital inspection report from the CMS-approved organizations in lieu of the department's or other governmental organization's annual inspection report if the accreditation inspection was conducted within one year of the date of license renewal.

These provisions are substantially similar to SS/SCS/SB 621 (2012); HB 1123 (2012); and similar to HCS/HB 579 (2011).