BW INSIGHTS

2020 Legislative Session - Week 10

Lawmakers returned to the Capitol Wednesday following an 11-week suspension due to the COVID-19 pandemic. Since they paused activity days prior to the second funnel deadline, most bills that did not pass the House or Senate, plus committee in the other chamber by the end of the day on Friday, June 5 are “dead” for the remainder of session. Tax,... Read More

HIPAA Fee Limitations for Record Requests

Health care providers and staff commonly receive medical record requests from current or former patients of their practice for a variety of reasons. The Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) allows for patients to request copies of their own records, with a few limitations, but notably, the regulations also limit... Read More

Governor Reynolds Fills Vacancy on State Health Facilities Council

The State Health Facilities Council is a five-member board appointed by the Governor and confirmed by the Senate that reviews, and approves or denies, Certificate of Need (CON) applications to establish or change certain institutional health services in the state. CON applications relate to facilities such as hospitals, nursing facilities, and... Read More

Mandatory Reporters of Child and Dependent Adult Abuse Subject to New Training Requirements Effective July 1

Iowa law requires many health care professionals (and others) to report incidents of suspected abuse of children or of dependent adults. Professionals subject to this requirement—often called “mandatory reporters”—include physicians, dentists, optometrists, chiropractors, dental hygienists, nurses, physician assistants, emergency medical care... Read More

OIG Begins Investigation into Medicaid Managed Care Denials

The United States Department of Health and Human Services’ Office of Inspector General (“OIG”) recently announced that it is investigating denials by managed care organizations (“MCOs”) that contract with state Medicaid agencies. It its announcement, OIG recognized that the arrangement between MCOs and the State “shifts financial risk for the... Read More

UnitedHealthcare Withdraws as MCO

UnitedHealthcare provided notice today (Friday, March 29, 2019) that it is withdrawing from the Iowa MCO program. Please see the Iowa Department of Human Services press release link below for additional detail. https://content.govdelivery.com/accounts/IACIO/bulletins/23a4114 Read More

State Health Facilities Council Update - October 24, 2018

The State Health Facilities Council (the “Council”) met on October 24, 2018, and granted a certificate of need (“CON”) to each of the following projects: • The construction of a 40-bed rehabilitation hospital in Johnson County by Mercy Medical Center and Kindred Healthcare at a cost of $7,508,963. • The construction of a 40-bed rehabilitation... Read More

Iowa's State Health Facilities Council Approves Over $6 Million of New Projects

The State Health Facilities Council (the “Council”) met on February 21, 2018, and granted a certificate of need (“CON”) to each of the following projects by a vote of 4-0: The purchase of a 3.0 Tesla MRI by the University of Iowa Hospitals and Clinics at a cost of $2,681,912. The purchase of a PET/CT system by the University of Iowa Hospitals and... Read More

Iowa Certificate of Need Law Under Constitutional Attack

Iowa has become the latest battleground in a nationwide effort to challenge state “certificate of need” laws. Since 1977, Iowa’s certificate of need (“CON”) law has required approval for any “new or changed institutional health service.” The Iowa General Assembly enacted the CON law to avoid unnecessary duplication of healthcare services and to... Read More