Iowa Administrative Code
Agency 481 - Inspections and Appeals Department
Inspections Division
Chapter 49 - Ambulatory Surgical Centers
Rule 481-49.5 - Enforcement and Penalties

(1) Denial, suspension, or revocation. The license for an ambulatory surgical center may be denied, suspended, or revoked for failure to comply with Iowa Code chapter 135R or this chapter, including any reason for which an ambulatory surgical center could be denied, suspended, or terminated from the federal Medicare program for ambulatory surgical centers under 42 CFR Part 416 as amended to July 1, 2023, and federal interpretive guidelines, including Appendix L of the State Operations Manual published by CMS, Rev. 215, as amended to July 21, 2023.

(2) Effective date and contested case appeals. Unless otherwise stated, a denial, suspension or revocation of license is effective 30 days after certified mailing or personal service of the notice upon the licensee. The licensee may request a contested case hearing by submitting a request, in writing, to the department within 30 days of the mailing or service. Contested case appeals and hearings are governed by 481-Chapter 9, 481-Chapter 10, and 481-Chapter 16.

(3) Enjoining an unlicensed ambulatory surgical center. An injunction or other process against any person to restrain or prevent the establishment, operation, or maintenance of an ambulatory surgical center without a license may be pursued by the department in accordance with Iowa Code section 135R.7.

(4) Operation of unlicensed ambulatory surgical center-serious misdemeanor. A person establishing, operating, or maintaining an ambulatory surgical center without a license commits a serious misdemeanor as set forth in Iowa Code section 135R.9.