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1 1 Section 1. NEW SECTION. 231C.1 FINDINGS AND PURPOSE.
1 2 1. The general assembly finds that assisted living is an
1 3 important part of the long-term care system in this state.
1 4 Assisted living emphasizes the independence and dignity of the
1 5 individual while providing services in a cost-effective
1 6 manner.
1 7 2. The purposes of establishing an assisted living program
1 8 include all of the following:
1 9 a. To encourage the establishment and maintenance of a
1 10 safe and homelike environment for individuals of all income
1 11 levels who require assistance to live independently but who do
1 12 not require health-related care on a continuous twenty-four-
1 13 hour per day basis.
1 14 b. To establish standards for assisted living programs
1 15 that allow flexibility in design which promotes a social model
1 16 of service delivery by focusing on individual independence,
1 17 individual needs and desires, and consumer-driven quality of
1 18 service.
1 19 c. To encourage general public participation in the
1 20 development of assisted living programs for individuals of all
1 21 income levels.
1 22 Sec. 2. NEW SECTION. 231C.2 DEFINITIONS.
1 23 As used in this chapter, unless the context otherwise
1 24 requires:
1 25 1. "Assisted living" means provision of housing with
1 26 services which may include but are not limited to health-
1 27 related care, personal care, and assistance with instrumental
1 28 activities of daily living to six or more tenants in a
1 29 physical structure which provides a homelike environment.
1 30 "Assisted living" also includes encouragement of family
1 31 involvement, tenant self-direction, and tenant participation
1 32 in decisions that emphasize choice, dignity, privacy,
1 33 individuality, shared risk, and independence. "Assisted
1 34 living" does not include the provision of housing and
1 35 assistance with instrumental activities of daily living which
2 1 does not also include provision of personal care or health-
2 2 related care.
2 3 2. "Department" means the department of elder affairs
2 4 created in chapter 231 or the department's designee.
2 5 3. "Health-related care" means services provided by a
2 6 registered nurse or a licensed practical nurse, on a part-time
2 7 or intermittent basis, and services provided by other licensed
2 8 health care professionals, on a part-time or intermittent
2 9 basis, as defined by rule.
2 10 4. "Instrumental activities of daily living" means those
2 11 activities that reflect the tenant's ability to perform
2 12 household and other tasks necessary to meet the tenant's needs
2 13 within the community, which may include but are not limited to
2 14 shopping, cooking, housekeeping, chores, and traveling within
2 15 the community.
2 16 5. "Personal care" means assistance with the essential
2 17 activities of daily living which may include but are not
2 18 limited to transferring, bathing, personal hygiene, dressing,
2 19 grooming, housekeeping essential to the health and welfare of
2 20 the tenant, and supervising of self-administered medications,
2 21 but does not include the administration of medications.
2 22 6. "Tenant" means an individual who receives assisted
2 23 living services through a certified or accredited assisted
2 24 living program.
2 25 Sec. 3. NEW SECTION. 231C.3 CERTIFICATION OR VOLUNTARY
2 26 ACCREDITATION OF ASSISTED LIVING PROGRAMS.
2 27 1. The department shall establish, by rule in accordance
2 28 with chapter 17A, a program for certification and monitoring
2 29 of assisted living programs. An assisted living program which
2 30 is voluntarily accredited is not required to also be certified
2 31 by the department and the department shall accept voluntary
2 32 accreditation in lieu of certification by the department. An
2 33 assisted living program certified or voluntarily accredited
2 34 under this section is exempt from the requirements of section
2 35 135.63 relating to certificate of need requirements.
3 1 2. Each assisted living program operating in the state
3 2 shall be certified with the department or shall be voluntarily
3 3 accredited. The owner or manager of a certified assisted
3 4 living program shall comply with the rules adopted by the
3 5 department for an assisted living program. A person shall not
3 6 represent an assisted living program to the public as a
3 7 certified or voluntarily accredited program unless the program
3 8 is certified or voluntarily accredited pursuant to this
3 9 chapter.
3 10 3. Services provided by a certified or voluntarily
3 11 accredited assisted living program may be provided directly by
3 12 staff of the assisted living program, by individuals
3 13 contracting with the assisted living program to provide
3 14 services, or by individuals employed by the tenant or with
3 15 whom the tenant contracts if the tenant agrees to assume the
3 16 responsibility and risk of the employment or the contractural
3 17 relationship.
3 18 4. The department may enter into contracts to provide
3 19 certification and monitoring of assisted living programs. The
3 20 department shall have full access to a program during
3 21 certification and monitoring of programs seeking certification
3 22 or currently certified. Upon the request of the department
3 23 the entity providing accreditation of a program shall provide
3 24 copies to the department of all materials related to the
3 25 accreditation process.
3 26 Sec. 4. NEW SECTION. 231C.4 FIRE AND SAFETY STANDARDS.
3 27 The state fire marshal shall adopt rules, in coordination
3 28 with the department, relating to the certification or
3 29 voluntary accreditation and monitoring of the fire and safety
3 30 of certified or voluntarily accredited assisted living
3 31 programs.
3 32 Sec. 5. NEW SECTION. 231C.5 COORDINATION OF THE LONG-
3 33 TERM CARE SYSTEM.
3 34 1. Any person representing a program to the public as an
3 35 assisted living program prior to July 1, 1996, shall be
4 1 granted a temporary certification by the department or shall
4 2 be voluntarily accredited and shall meet the requirements of
4 3 this chapter within one year of the issuance of the temporary
4 4 certification or voluntary accreditation to receive subsequent
4 5 certification or voluntary accreditation.
4 6 2. A hospital licensed pursuant to chapter 135B or a
4 7 health care facility licensed pursuant to chapter 135C may
4 8 operate an assisted living program, located in a distinct part
4 9 of or separate structure under the control of the hospital or
4 10 health care facility, if certified or voluntarily accredited
4 11 pursuant to this chapter.
4 12 3. This chapter shall not be construed to require that a
4 13 facility licensed as a different type of facility also comply
4 14 with the requirements of this chapter, unless the facility is
4 15 represented to the public as a certified or voluntarily
4 16 accredited assisted living program.
4 17 Sec. 6. MEDICAL ASSISTANCE WAIVER. The department of
4 18 human services shall take any actions necessary to allow a
4 19 certified or voluntarily accredited assisted living program to
4 20 be a provider of personal care services under the medical
4 21 assistance home and community-based services waiver for the
4 22 elderly.
4 23 Sec. 7. IMPLEMENTATION. It is the intent of the general
4 24 assembly that sections 1 through 5 of this Act be implemented
4 25 following the establishment of a funding source for
4 26 implementation and administration of this Act.
4 27 SF 454
4 28 pf/cc/26
Text: SF00453 Text: SF00455 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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