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House Journal: Page 1303: Tuesday, April 2, 1996

 3     4.  "Instrumental activities of daily living" means
 4   those activities that reflect the tenant's ability to
 5   perform household and other tasks necessary to meet
 6   the tenant's needs within the community, which may
 7   include but are not limited to shopping, cooking,
 8   housekeeping, chores, and traveling within the
 9   community.
10     5.  "Personal care" means assistance with the
11   essential activities of daily living which may include
12   but are not limited to transferring, bathing, personal
13   hygiene, dressing, grooming, housekeeping essential to
14   the health and welfare of the tenant, and supervising
15   of self-administered medications, but does not include
16   the administration of medications.
17     6.  "Tenant" means an individual who receives
18   assisted living services through a certified or
19   accredited assisted living program.
20     Sec. 3.  NEW SECTION.  231C.3  CERTIFICATION OR
21   VOLUNTARY ACCREDITATION OF ASSISTED LIVING PROGRAMS.
22     1.  The department shall establish, by rule in
23   accordance with chapter 17A, a program for
24   certification or voluntary accreditation and
25   monitoring of assisted living programs.  An assisted
26   living program certified or voluntarily accredited
27   under this section is exempt from the requirements of
28   section 135.63 relating to certificate of need
29   requirements.
30     2.  Each assisted living program operating in the
31   state shall be certified or voluntarily accredited
32   with the department.  The owner or manager of an
33   assisted living program shall comply with the rules
34   adopted by the department for an assisted living
35   program.  A person shall not represent an assisted
36   living program to the public as a certified or
37   voluntarily accredited program unless the program is
38   certified or voluntarily accredited pursuant to this
39   chapter.
40     3.  Services provided by a certified or voluntarily
41   accredited assisted living program may be provided
42   directly by staff of the assisted living program, by
43   individuals contracting with the assisted living
44   program to provide services, or by individuals
45   employed by the tenant or with whom the tenant
46   contracts if the tenant agrees to assume the
47   responsibility and risk of the employment or the
48   contractural relationship.
49     4.  The department shall certify or voluntarily
50   accredit and monitor assisted living programs and may

Page   3

 1   enter into contracts to provide certification or
 2   voluntary accreditation and monitoring.  The

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