231B.2  Certification of elder group homes.

1.  The department shall establish by rule in accordance with chapter 17A a special classification for elder group homes. An elder group home established pursuant to this subsection is exempt from the requirements of section 135.63.

2.  The department shall adopt rules to establish requirements for certification of elder group homes. The requirements shall include but are not limited to all of the following:

a.  Certification shall be for three years, unless revoked for good cause by the department.

b.  An elder group home shall be inspected at the time of certification and subsequently upon receipt of a complaint.

c.  An elder group home shall be owner-occupied, or owned by a nonprofit corporation and occupied by a resident manager. A resident manager shall reside in and provide services for no more than one elder group home.

d.  An elder group home shall be located in an area zoned for single-family or multiple-family housing or in an unincorporated area and shall be constructed in compliance with applicable local housing codes and the rules adopted for the special classification by the state fire marshal. In the absence of local building codes, the facility shall comply with the state plumbing code established pursuant to section 135.11 and the state building code established pursuant to chapter 103A.

e.  A minimum private space shall be required for each resident sufficient for sleeping and dressing.

f.  A minimum level of training shall be required for persons providing personal care.

g.  The commission of elder affairs shall adopt by rule procedures for appointing members of resident advocate committees for elder group homes.

h.  Notwithstanding any other requirements relating to performance of visitations or meetings of a resident advocate committee, a resident advocate committee appointed for an elder group home shall perform no more than four visitations, annually, to fulfill the duties of the resident advocate committee in relation to the elder group home.

i.  Elder group home tenants shall have reasonable access to community resources and shall have opportunities for integrated interaction with the community.

3.  An elder group home established pursuant to this chapter shall be certified by the department.

4.  A provider under the special classification shall comply with the rules adopted by the department for an elder group home.

5.  Inspections and certification services shall be provided by the department. However, beginning July 1, 1994, the department may enter into contracts with the area agencies on aging to provide these services.

Section History: Recent form

  93 Acts, ch 72, § 3; 99 Acts, ch 129, §16


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