HSB 267 (LSB 2677YC (6) 91)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON HEALTH AND HUMAN SERVICES BILL BY CHAIRPERSON NORDMAN)

A BILL FOR

An Act relating to pediatric palliative care centers.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  SHORT TITLE.  This Act shall be known as “Mason’s Law”.
    Sec. 2.  Section 10A.713, subsection 2, Code 2025, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  r.  Pediatric palliative care centers as defined in section 135J.1.
    Sec. 3.  Section 135J.1, subsection 4, Code 2025, is amended by striking the subsection and inserting in lieu thereof the following:
   4.  “Hospice patient” or “patient” means an individual who is described by any of the following:
   a.  The individual has been diagnosed by a physician as terminally ill, with a probable life expectancy of one year or less.
   b.  The individual is described by all of the following:
   (1)  The individual is under twenty-one years of age.
   (2)  The individual has been diagnosed with a chronic, complex, life-threatening illness that is expected to shorten the individual’s life expectancy.
   (3)  The individual is not expected to survive past twenty-one years of age.
    Sec. 4.  Section 135J.1, subsection 6, Code 2025, is amended to read as follows:
   6.  “Hospice program” means a centrally coordinated program of home and inpatient care provided directly or through an agreement under the direction of an identifiable hospice administration providing palliative care and supportive medical and other health services to terminally ill patients and their families. A licensed hospice program shall utilize a medically directed interdisciplinary team and provide care to meet the a unit of care’s physical, emotional, social, spiritual, and other special needs which are experienced during the final stages of illness, dying, and bereavement. Hospice care shall be available twenty-four hours a day, seven days a week.
    Sec. 5.  Section 135J.1, Code 2025, is amended by adding the following new subsection:
   NEW SUBSECTION.  8A.  a.  “Pediatric palliative care center” means a residential care facility as defined in section 135C.1, that only serves individuals described in subsection 4, paragraph “b”, and that only provides respite care services as defined in section 135C.1, and hospice program services.
   b.  Notwithstanding section 135C.1, subsection 21, a pediatric palliative care center may provide care and services to individuals who require the services of a registered or licensed practical nurse on a nonemergency basis.
    Sec. 6.  Section 135J.7, Code 2025, is amended to read as follows:
   135J.7  Rules.
   Except as otherwise provided in this chapter, the The department shall adopt rules pursuant to chapter 17A necessary to implement this chapter. Formulation of the rules shall include consultation The department shall consult with Iowa hospice organization representatives and other persons affected by this chapter. and the rules shall, at a minimum, provide for all of the following:
   1.  A pediatric palliative care center shall not serve more than twelve hospice patients at any one time.
   2.  A pediatric palliative care center’s interdisciplinary team may include volunteers who provide a personal presence that augments other services available to a patient admitted to the pediatric palliative care center, the patient’s family, or the patient’s health care provider.
   3.  A pediatric palliative care center’s rooms may be used for respite care services, end-of-life care, or both.
   4.  A pediatric palliative care center shall have a registered nurse or licensed practical nurse onsite and available at all times a patient is at the pediatric palliative care center.
   5.  A pediatric palliative care center shall include adequate space for the family of a patient to visit the patient, cook for and eat with the patient, and stay overnight with the patient while the patient is at the pediatric palliative care center.
   6.  A pediatric palliative care center shall not be required to provide a patient with items for the patient’s health, safety, or daily living needs, including but not limited to durable medical equipment and medications.
   7.  Any medication brought by a patient to a pediatric palliative care center as a part of the patient’s medical care plan shall be documented by the pediatric palliative care center, stored in a secure space, administered by the pediatric palliative care center’s staff as directed in the patient’s medical care plan, and returned to the patient upon the patient’s departure or disposed of upon the patient’s death.
   8.  A pediatric palliative care center shall be eligible for funding available to other licensed residential care facilities and hospice programs that treat individuals with an illness or disability, including but not limited to funding from the federal social services block grant, the state supplementary assistance program, the hospice respite benefit, home and community-based services waivers, any funding source under chapter 249A, and any benefit a nursing facility under chapter 135C may be eligible for related to respite care services.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to pediatric palliative care centers (PPCCs).
   The bill defines “hospice patient” as an individual who is either an individual diagnosed by a physician as terminally ill with a probable life expectancy of one year or less, or an individual under 21 years of age diagnosed with a chronic, complex, life-threatening illness that is expected to shorten the individual’s life expectancy, and who is not expected to survive past 21 years of age.
   The bill defines “pediatric palliative care center” as a residential care facility that serves individuals under 21 years of age, who have been diagnosed with a chronic, complex, life-threatening illness that is expected to shorten the individual’s life expectancy, and who are not expected to survive past 21 years of age; and that only provides respite care services and hospice program services.
   Under current law, a residential care facility is not permitted to provide care and services to individuals who require the services of a registered or licensed practical nurse on a nonemergency basis. The bill exempts PPCCs from this restriction. The bill also exempts PPCCs from certificate of need requirements.
   The bill requires the department of health and human services to adopt rules for PPCCs that are consistent with requirements outlined in the bill.
   The bill shall be known as Mason’s Law.
   The bill makes a conforming change to Code section 135J.1 to allow a “hospice program” to take place at a PPCC.