231D.12  Retaliation by an adult day services program prohibited.

1.  An adult day services program shall not discriminate or retaliate in any way against a recipient, recipient's family, or an employee of the program who has initiated or participated in any proceeding authorized by this chapter. An adult day services program that violates this section is subject to a penalty as established by administrative rule, to be assessed and collected by the department of inspections and appeals and paid into the state treasury to be credited to the general fund of the state.

2.  Any attempt to discharge a recipient from an adult day services program by whom or upon whose behalf a complaint has been submitted to the department of inspections and appeals under section 231D.9, within ninety days after the filing of the complaint or the conclusion of any proceeding resulting from the complaint, shall raise a rebuttable presumption that the action was taken by the program in retaliation for the filing of the complaint, except in situations in which the recipient is discharged due to changes in health status which exceed the level of care offered by the adult day services program or in other situations as specified by rule.

Section History: Recent form

  2003 Acts, ch 165, §12


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