Text: S05876 Text: S05878 Text: S05800 - S05899 Text: S Index Bills and Amendments: General Index Bill History: General Index
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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 health-related
1 18 care on a continuous 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 and monitoring of assisted living
2 25 programs. An assisted living program which is
2 26 voluntarily accredited is not required to also be
2 27 certified by the department and the department shall
2 28 accept voluntary accreditation in lieu of
2 29 certification by the department. An assisted living
2 30 program certified or voluntarily accredited under this
2 31 section is exempt from the requirements of section
2 32 135.63 relating to certificate of need requirements.
2 33 2. Each assisted living program operating in the
2 34 state shall be certified with the department or shall
2 35 be voluntarily accredited. The owner or manager of a
2 36 certified assisted living program shall comply with
2 37 the rules adopted by the department for an assisted
2 38 living program. A person shall not represent an
2 39 assisted living program to the public as a certified
2 40 or voluntarily accredited program unless the program
2 41 is certified or voluntarily accredited pursuant to
2 42 this chapter.
2 43 3. Services provided by a certified or voluntarily
2 44 accredited assisted living program may be provided
2 45 directly by staff of the assisted living program, by
2 46 individuals contracting with the assisted living
2 47 program to provide services, or by individuals
2 48 employed by the tenant or with whom the tenant
2 49 contracts if the tenant agrees to assume the
2 50 responsibility and risk of the employment or the
3 1 contractural relationship.
3 2 4. The department may enter into contracts to
3 3 provide certification and monitoring of assisted
3 4 living programs. The department shall have full
3 5 access to a program during certification and
3 6 monitoring of programs seeking certification or
3 7 currently certified. Upon the request of the
3 8 department the entity providing accreditation of a
3 9 program shall provide copies to the department of all
3 10 materials related to the accreditation process.
3 11 Sec. 4. NEW SECTION. 231C.4 FIRE AND SAFETY
3 12 STANDARDS.
3 13 The state fire marshal shall adopt rules, in
3 14 coordination with the department, relating to the
3 15 certification or voluntary accreditation and
3 16 monitoring of the fire and safety of certified or
3 17 voluntarily accredited assisted living programs.
3 18 Sec. 5. NEW SECTION. 231C.5 COORDINATION OF THE
3 19 LONG-TERM CARE SYSTEM.
3 20 1. Any person representing a program to the public
3 21 as an assisted living program prior to July 1, 1996,
3 22 shall be granted a temporary certification by the
3 23 department or shall be voluntarily accredited and
3 24 shall meet the requirements of this chapter within one
3 25 year of the issuance of the temporary certification or
3 26 voluntary accreditation to receive subsequent
3 27 certification or voluntary accreditation.
3 28 2. A hospital licensed pursuant to chapter 135B or
3 29 a health care facility licensed pursuant to chapter
3 30 135C may operate an assisted living program, located
3 31 in a distinct part of or separate structure under the
3 32 control of the hospital or health care facility, if
3 33 certified or voluntarily accredited pursuant to this
3 34 chapter.
3 35 3. This chapter shall not be construed to require
3 36 that a facility licensed as a different type of
3 37 facility also comply with the requirements of this
3 38 chapter, unless the facility is represented to the
3 39 public as a certified or voluntarily accredited
3 40 assisted living program.
3 41 Sec. 6. MEDICAL ASSISTANCE WAIVER. The department
3 42 of human services shall take any actions necessary to
3 43 allow a certified or voluntarily accredited assisted
3 44 living program to be a provider of personal care
3 45 services under the medical assistance home and
3 46 community-based services waiver for the elderly.
3 47 Sec. 7. IMPLEMENTATION. It is the intent of the
3 48 general assembly that sections 1 through 5 of this Act
3 49 be implemented following the establishment of a
3 50 funding source for implementation and administration
4 1 of this Act."
4 2 SF 454H
4 3 pf/pk/25
Text: S05876 Text: S05878 Text: S05800 - S05899 Text: S Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
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