Text: SF02252 Text: SF02254 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 231C.3A ENFORCEMENT ACTIONS –
1 2 RULES.
1 3 1. The department may deny, suspend, or revoke the
1 4 certification of an assisted living program, or may take other
1 5 actions, specified by rule of the department, against an
1 6 assisted living program if the assisted living program fails
1 7 to comply with this chapter or the rules or standards adopted
1 8 pursuant to this chapter. The department shall adopt rules
1 9 pursuant to chapter 17A, and in consultation with consumer and
1 10 industry representatives, which establish the enforcement
1 11 actions which may be taken.
1 12 2. The department may adopt rules pursuant to chapter 17A
1 13 as necessary to meet the purposes of this chapter and to
1 14 enforce this chapter and the rules, standards, and
1 15 requirements adopted pursuant to this chapter.
1 16 Sec. 2. NEW SECTION. 231C.3B COMPLAINTS – ALLEGED
1 17 VIOLATIONS – PROCESS – PROTECTIONS.
1 18 1. The department may investigate complaints filed with
1 19 the department alleging a violation of this chapter or the
1 20 rules or standards adopted pursuant to this chapter. The
1 21 department shall adopt rules to establish a procedure for the
1 22 filing of complaints and for the investigation of complaints
1 23 filed with the department. The procedure shall provide that
1 24 if the department, upon preliminary review, determines that
1 25 the complaint is without reasonable basis, or if the
1 26 department determines following an investigation that the
1 27 complaint is unsubstantiated, the department may dismiss the
1 28 complaint. The decision of the department to dismiss the
1 29 complaint, or the department's determination that the
1 30 complaint is unsubstantiated, is final agency action and is
1 31 not subject to contested case proceedings, appeal, or judicial
1 32 review provisions of chapter 17A.
1 33 2. An assisted living program certified under this chapter
1 34 shall not discriminate or retaliate against a tenant, an
1 35 employee of the program, or any other person who initiates or
2 1 participates in any proceeding authorized under this chapter
2 2 or the rules or standards adopted pursuant to this chapter.
2 3 EXPLANATION
2 4 This bill establishes enforcement actions that may be taken
2 5 by the department of elder affairs against an assisted living
2 6 program if the program fails to comply with the law, rules, or
2 7 standards applicable to assisted living programs. Enforcement
2 8 actions include the denial, suspension, or revocation of the
2 9 certification of the assisted living program and other actions
2 10 specified by rule of the department.
2 11 The bill also provides a process for the investigation of
2 12 complaints filed with the department of elder affairs alleging
2 13 a violation of the law, rules, or standards applicable to an
2 14 assisted living program. The bill also prohibits an assisted
2 15 living program from discriminating or retaliating against any
2 16 person who initiates or participates in any authorized
2 17 proceeding.
2 18 LSB 6194XS 79
2 19 pf/cf/24
Text: SF02252 Text: SF02254 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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