231B.2  Certification of elder group homes — rules.
  1.  The department shall establish by rule, in accordance with chapter 17A, minimum standards for certification and monitoring of elder group homes. The department may adopt by reference, with or without amendment, nationally recognized standards and rules for elder group homes. The standards and rules shall be formulated in consultation with affected state agencies and affected industry, professional, and consumer groups; shall be designed to accomplish the purposes of this chapter; and shall include but not be limited to rules relating to all of the following:
  a.  Provisions to ensure, to the greatest extent possible, the health, safety, well-being, and appropriate treatment of tenants.
  b.  Requirements that elder group homes furnish the department with specified information necessary to administer this chapter. All information related to the provider application for an elder group home presented to the department shall be considered a public record pursuant to chapter 22.
  c.  Standards for tenant evaluation or assessment, which may vary in accordance with the nature of the services provided or the status of the tenant.
  d.  Provisions for granting short-term waivers for tenants who exceed occupancy criteria.
  2.  Each elder group home operating in this state shall be certified by the department.
  3.  The owner or manager of a certified elder group home shall comply with the rules adopted by the department for an elder group home. A person, including a governmental unit, shall not represent an elder group home to the public as an elder group home or as a certified elder group home unless and until the program is certified pursuant to this chapter.
  4.  a.  Services provided by a certified elder group home may be provided directly by staff of the elder group home, by individuals contracting with the elder group home to provide services, or by individuals employed by the tenant or with whom the tenant contracts if the tenant agrees to assume the responsibility and risk of the employment or the contractual relationship.
  b.  If a tenant is terminally ill and has elected to receive hospice services under the federal Medicare program from a Medicare-certified hospice program, the elder group home and the Medicare-certified hospice program shall enter into a written agreement under which the hospice program retains professional management responsibility for those services.
  5.  The department may enter into contracts to provide certification and monitoring of elder group homes. The department shall:
  a.  Have full access at reasonable times to all records, materials, and common areas pertaining to the provision of services and care to the tenants of a program during certification, monitoring, and complaint investigations of programs seeking certification, currently certified, or alleged to be uncertified.
  b.  With the consent of the tenant, visit the tenant’s unit.
  6.  A department, agency, or officer of this state or of any governmental unit shall not pay or approve for payment from public funds any amount to an elder group home for an actual or prospective tenant, unless the program holds a current certificate issued by the department and meets all current requirements for certification.
  7.  The department shall adopt rules regarding the conducting or operating of another business or activity in the distinct part of the physical structure in which the elder group home is operated, if the business or activity serves persons who are not tenants. The rules shall be developed in consultation with affected state agencies and affected industry, professional, and consumer groups.
  8.  An elder group home shall comply with section 135C.33.
  9.  The department shall conduct training sessions for personnel responsible for conducting monitoring evaluations and complaint investigations of elder group homes.
  10.  Certification shall be for two years unless revoked for good cause by the department.
93 Acts, ch 72, §3; 99 Acts, ch 129, §16; 2003 Acts, ch 166, §4, 5; 2005 Acts, ch 62, §3; 2006 Acts, ch 1010, §70; 2007 Acts, ch 215, §137 – 141