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PAG LIN
1 1 Amend Senate File 454, as amended, passed, and
1 2 reprinted by the Senate, as follows:
1 3 #1. By striking everything after the enacting
1 4 clause and inserting the following:
1 5 "Section 1. NEW SECTION. 231C.1 FINDINGS AND
1 6 PURPOSE.
1 7 1. The general assembly finds that assisted living
1 8 is an important part of the long-term care system in
1 9 this state. Assisted living emphasizes the
1 10 independence and dignity of the individual while
1 11 providing services in a cost-effective manner.
1 12 2. The purposes of establishing an assisted living
1 13 program include all of the following:
1 14 a. To encourage the establishment and maintenance
1 15 of a safe and homelike environment for individuals of
1 16 all income levels who require assistance to live
1 17 independently but who do not require the nursing care
1 18 on a twenty-four-hour per day basis.
1 19 b. To establish standards for assisted living
1 20 programs that allow flexibility in design which
1 21 promotes a social model of service delivery by
1 22 focusing on individual independence, individual needs
1 23 and desires, and consumer-driven quality of service.
1 24 c. To encourage general public participation in
1 25 the development of assisted living programs for
1 26 individuals of all income levels.
1 27 Sec. 2. NEW SECTION. 231C.2 DEFINITIONS.
1 28 As used in this chapter, unless the context
1 29 otherwise requires:
1 30 1. "Assisted living" means provision of housing
1 31 with services which may include but are not limited to
1 32 health-related care, personal care, and assistance
1 33 with instrumental activities of daily living to six or
1 34 more tenants in a physical structure which provides a
1 35 homelike environment. "Assisted living" also includes
1 36 encouragement of family involvement, tenant self-
1 37 direction, and tenant participation in decisions that
1 38 emphasize choice, dignity, privacy, individuality,
1 39 shared risk, and independence. "Assisted living" does
1 40 not include the provision of housing and assistance
1 41 with instrumental activities of daily living which
1 42 does not also include provision of personal care or
1 43 health-related care.
1 44 2. "Department" means the department of elder
1 45 affairs created in chapter 231 or the department's
1 46 designee.
1 47 3. "Health-related care" means services provided
1 48 by a registered nurse or a licensed practical nurse,
1 49 on a part-time or intermittent basis, and services
1 50 provided by other licensed health care professionals,
2 1 on a part-time or intermittent basis, as defined by
2 2 rule.
2 3 4. "Instrumental activities of daily living" means
2 4 those activities that reflect the tenant's ability to
2 5 perform household and other tasks necessary to meet
2 6 the tenant's needs within the community, which may
2 7 include but are not limited to shopping, cooking,
2 8 housekeeping, chores, and traveling within the
2 9 community.
2 10 5. "Personal care" means assistance with the
2 11 essential activities of daily living which may include
2 12 but are not limited to transferring, bathing, personal
2 13 hygiene, dressing, grooming, housekeeping essential to
2 14 the health and welfare of the tenant, and supervising
2 15 of self-administered medications, but does not include
2 16 the administration of medications.
2 17 6. "Tenant" means an individual who receives
2 18 assisted living services through a certified or
2 19 accredited assisted living program.
2 20 Sec. 3. NEW SECTION. 231C.3 CERTIFICATION OR
2 21 VOLUNTARY ACCREDITATION OF ASSISTED LIVING PROGRAMS.
2 22 1. The department shall establish, by rule in
2 23 accordance with chapter 17A, a program for
2 24 certification or voluntary accreditation and
2 25 monitoring of assisted living programs. An assisted
2 26 living program certified or voluntarily accredited
2 27 under this section is exempt from the requirements of
2 28 section 135.63 relating to certificate of need
2 29 requirements.
2 30 2. Each assisted living program operating in the
2 31 state shall be certified or voluntarily accredited
2 32 with the department. The owner or manager of an
2 33 assisted living program shall comply with the rules
2 34 adopted by the department for an assisted living
2 35 program. A person shall not represent an assisted
2 36 living program to the public as a certified or
2 37 voluntarily accredited program unless the program is
2 38 certified or voluntarily accredited pursuant to this
2 39 chapter.
2 40 3. Services provided by a certified or voluntarily
2 41 accredited assisted living program may be provided
2 42 directly by staff of the assisted living program, by
2 43 individuals contracting with the assisted living
2 44 program to provide services, or by individuals
2 45 employed by the tenant or with whom the tenant
2 46 contracts if the tenant agrees to assume the
2 47 responsibility and risk of the employment or the
2 48 contractural relationship.
2 49 4. The department shall certify or voluntarily
2 50 accredit and monitor assisted living programs and may
3 1 enter into contracts to provide certification or
3 2 voluntary accreditation and monitoring. The
3 3 department shall have full access to a program during
3 4 certification or voluntary accreditation and
3 5 monitoring of the program.
3 6 Sec. 4. NEW SECTION. 231C.4 FIRE AND SAFETY
3 7 STANDARDS.
3 8 The state fire marshal shall adopt rules, in
3 9 coordination with the department, relating to the
3 10 certification or voluntary accreditation and
3 11 monitoring of the fire and safety of certified or
3 12 voluntarily accredited assisted living programs.
3 13 Sec. 5. NEW SECTION. 231C.5 COORDINATION OF THE
3 14 LONG-TERM CARE SYSTEM.
3 15 1. Any person representing a program to the public
3 16 as an assisted living program prior to July 1, 1996,
3 17 shall be granted a temporary certification or
3 18 voluntary accreditation by the department and shall
3 19 meet the requirements of this chapter within one year
3 20 of the issuance of the temporary certification or
3 21 voluntary accreditation to receive subsequent
3 22 certification or voluntary accreditation.
3 23 2. A hospital licensed pursuant to chapter 135B or
3 24 a health care facility licensed pursuant to chapter
3 25 135C may operate an assisted living program, located
3 26 in a distinct part of or separate structure under the
3 27 control of the hospital or health care facility, if
3 28 certified or voluntarily accredited pursuant to this
3 29 chapter.
3 30 3. This chapter shall not be construed to require
3 31 that a facility licensed as a different type of
3 32 facility also comply with the requirements of this
3 33 chapter, unless the facility is represented to the
3 34 public as a certified or voluntarily accredited
3 35 assisted living program.
3 36 Sec. 6. MEDICAL ASSISTANCE WAIVER. The department
3 37 of human services shall seek an assisted living
3 38 program waiver from the health care financing
3 39 administration of the United States department of
3 40 health and human services to add a certified or
3 41 voluntarily accredited assisted living program as an
3 42 eligible provider under the medical assistance home
3 43 and community-based services waiver for the elderly.
3 44 Sec. 7. IMPLEMENTATION. It is the intent of the
3 45 general assembly that sections 1 through 5 of this Act
3 46 be implemented following the establishment of a
3 47 funding source for implementation and administration
3 48 of this Act."
3 49
3 50
4 1
4 2 MARTIN of Scott
4 3
4 4
4 5
4 6 DAGGETT of Union
4 7
4 8
4 9
4 10 ERTL of Dubuque
4 11
4 12
4 13
4 14 BLODGETT of Cerro Gordo
4 15 SF 454.502 76
4 16 pf/jw
Text: H05638 Text: H05640 Text: H05600 - H05699 Text: H Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
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