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House Amendment 5700

Amendment Text

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  DEFINITIONS.
  1  6    As used in this chapter, unless the context
  1  7 otherwise requires:
  1  8    1.  "Assisted living program" means a program which
  1  9 provides housing and which additionally provides or
  1 10 arranges for services including but not limited to
  1 11 health-related care, personal care, and assistance
  1 12 with instrumental activities of daily living to six or
  1 13 more tenants in a physical structure which provides a
  1 14 homelike environment.  An assisted living program is
  1 15 characterized by service provision which is consumer-
  1 16 driven, flexible, and individualized, and that
  1 17 maximizes consumer independence, choice, and dignity.
  1 18 "Assisted living program" does not include the
  1 19 provision of housing and assistance with instrumental
  1 20 activities of daily living which does not also include
  1 21 the provision of personal or health-related care.
  1 22    2.  "Department" means the department of elder
  1 23 affairs created in chapter 231 or the department's
  1 24 designee.
  1 25    3.  "Health-related care" means services provided
  1 26 by a licensed or certified health care professional.
  1 27    4.  "Instrumental activities of daily living" means
  1 28 those activities that reflect the tenant's ability to
  1 29 perform household and other tasks necessary to meet
  1 30 the tenant's needs within the community, including but
  1 31 not limited to shopping, cooking, housekeeping and
  1 32 other household tasks, and traveling within the
  1 33 community.
  1 34    5.  "Personal care" means assistance with the
  1 35 essential activities of daily living which may include
  1 36 but are not limited to transferring, bathing, personal
  1 37 hygiene, dressing, grooming, housekeeping essential to
  1 38 the health and welfare of the tenant, and supervising
  1 39 of self-administered medications.  "Personal care"
  1 40 does not include administration of medications.
  1 41    6.  "Tenant" means an individual who is a recipient
  1 42 of assisted living program services.
  1 43    Sec. 2.  NEW SECTION.  231C.2  ACCREDITATION OF
  1 44 ASSISTED LIVING PROGRAMS.
  1 45    1.  A program which is represented to the public as
  1 46 an assisted living program shall be accredited by an
  1 47 independent entity.
  1 48    2.  An independent entity which provides
  1 49 accreditation services shall provide copies of all
  1 50 requested materials relating to the accreditation
  2  1 process to the department.
  2  2    3.  A hospital licensed pursuant to chapter 135B or
  2  3 a health care facility licensed pursuant to chapter
  2  4 135C may operate an assisted living program, located
  2  5 in a distinct part of or a separate structure under
  2  6 the control of the hospital or health care facility,
  2  7 if the program is accredited pursuant to this chapter.
  2  8    Sec. 3.  NEW SECTION.  231C.3  SANCTIONS.
  2  9    The department may adopt rules to establish
  2 10 sanctions for failure to comply with the accreditation
  2 11 provisions of this chapter.  Additional sanctions
  2 12 shall not be imposed for violations for which
  2 13 sanctions exist under other law including but not
  2 14 limited to building code and fire safety violations,
  2 15 dependent adult abuse and adult protective services
  2 16 provisions, and home health care regulations.
  2 17    Sec. 4.  MEDICAL ASSISTANCE WAIVER.  The department
  2 18 of human services shall seek a waiver from the health
  2 19 care financing administration of the United States
  2 20 department of health and human services to include
  2 21 assisted living programs as eligible providers under
  2 22 the medical assistance home and community-based
  2 23 services waiver for the elderly.
  2 24    Sec. 5.  IMPLEMENTATION.
  2 25    1.  The department shall approve  at least one
  2 26 independent entity for the purposes of accrediting
  2 27 assisted living programs on or before July 1, 1997.
  2 28    2.  The requirements of this chapter relating to
  2 29 accreditation of assisted living programs take effect
  2 30 July 1, 1998, if the program represents itself to the
  2 31 public as an assisted living program."
  2 32    #2.  Title page, line 2, by inserting after the
  2 33 word "program" the following:  "accreditation
  2 34 process".
  2 35    #3.  Title page, line 3, by striking the word
  2 36 "penalties" and inserting the following:  "sanctions".  
  2 37 
  2 38 
  2 39                              
  2 40 WITT of Black Hawk
  2 41 
  2 42 
  2 43                               
  2 44 CARROLL of Poweshiek
  2 45 SF 454.301 76
  2 46 pf/cf
     

Text: H05699                            Text: H05701
Text: H05700 - H05799                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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