1. If an assisted living program initiates the involuntary transfer of a tenant and the action is not a result of a monitoring evaluation or complaint investigation by the department of inspections and appeals, and if the tenant or tenant's representative contests the transfer, the following procedure shall apply:
a. The assisted living program shall notify the tenant or tenant's representative, in accordance with the occupancy agreement, of the need to transfer, the reason for the transfer, and the contact information of the tenant advocate.
b. The assisted living program shall provide the tenant advocate with a copy of the notification to the tenant.
c. The tenant advocate shall offer the notified tenant or tenant's representative assistance with the program's internal appeals process. The tenant is not required to accept the assistance of the tenant advocate.
d. If, following the internal appeals process, the assisted living program upholds the transfer decision, the tenant may utilize other remedies authorized by law to contest the transfer.
2. The department, in consultation with the department of inspections and appeals and affected industry, professional, and consumer groups, shall establish, by rule in accordance with chapter 17A, procedures to be followed, including the opportunity for hearing, when the transfer of a tenant results from a monitoring evaluation or complaint investigation conducted by the department of inspections and appeals.
2000 Acts, ch 1222, §13, 17; 2003 Acts, ch 166, §13
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