House Amendment 8170
PAG LIN
1 1 Amend House File 2463 as follows:
1 2 #1. By striking everything after the enacting clause
1 3 and inserting:
1 4 <Section 1. Section 231C.3, subsection 4, paragraph
1 5 a, Code Supplement 2009, is amended by striking the
1 6 paragraph and inserting in lieu thereof the following:
1 7 a. For the purposes of determining whether a
1 8 housing provider is an assisted living program
1 9 regulated by this chapter, services are provided with
1 10 housing if the services are provided directly by the
1 11 housing provider, through a contractual relationship
1 12 between the housing provider and a third party, or by
1 13 a third party that controls, is controlled by, or is
1 14 under common control with the housing provider.
1 15 Sec. 2. Section 231C.4, Code 2009, is amended to
1 16 read as follows:
1 17 231C.4 Fire and safety standards.
1 18 1. The state fire marshal shall adopt rules, in
1 19 coordination with the department, relating to the
1 20 certification and monitoring of the fire and safety
1 21 standards of certified assisted living programs.
1 22 2. A certified assisted living program that does
1 23 not comply with the fire and safety standards in effect
1 24 on July 1, 2009, regarding a working sprinkler system,
1 25 shall comply with such requirements no later than July
1 26 1, 2013.
1 27 Sec. 3. Section 231C.7, subsection 1, Code 2009, is
1 28 amended to read as follows:
1 29 1. Any person with concerns regarding
1 30 the operations or service delivery of an a
1 31 certified assisted living program or the alleged
1 32 operations of an uncertified program in violation
1 33 of this chapter or rules adopted pursuant to this
1 34 chapter may file a complaint with the department. The
1 35 name of the person who files a complaint with the
1 36 department and any personal identifying information of
1 37 the person or any tenant identified in the complaint
1 38 shall be kept confidential and shall not be subject to
1 39 discovery, subpoena, or other means of legal compulsion
1 40 for its release to a person other than department
1 41 employees involved with the complaint.
1 42 Sec. 4. Section 231C.7, Code 2009, is amended by
1 43 adding the following new subsection:
1 44 NEW SUBSECTION. 3. The department may initiate
1 45 proceedings under this chapter upon complaint or on its
1 46 own initiative upon receipt of information suggesting
1 47 a violation of this chapter, rules adopted pursuant
1 48 to this chapter, or administrative or judicial orders
1 49 issued under this chapter. The department may conduct
1 50 investigations as necessary to determine whether
2 1 probable cause exists to initiate administrative or
2 2 other proceedings under this chapter.
2 3 Sec. 5. Section 231C.9, Code 2009, is amended to
2 4 read as follows:
2 5 231C.9 Public disclosure of findings.
2 6 Upon completion of a monitoring evaluation or
2 7 complaint investigation of an assisted living program
2 8 certified under this chapter or an investigation of
2 9 an uncertified program alleged to be operating in
2 10 violation of this chapter by the department pursuant
2 11 to this chapter, including the conclusion of informal
2 12 review, the department's final findings with respect
2 13 to compliance by the assisted living program with
2 14 requirements for certification or the uncertified
2 15 program's compliance with this chapter shall be made
2 16 available to the public in a readily available form
2 17 and place. Other information relating to an assisted
2 18 living program certified under this chapter or an
2 19 uncertified program that is obtained by the department
2 20 which does not constitute the department's final
2 21 findings from a monitoring evaluation or complaint
2 22 investigation of the certified assisted living program
2 23 or an investigation of an uncertified program shall not
2 24 be made available to the public except in proceedings
2 25 involving the denial, suspension, or revocation of
2 26 a certificate under this chapter; the issuance of a
2 27 cease and desist order or an administrative proceeding
2 28 under section 231C.13A; or a proceeding under section
2 29 231C.13B or 231C.15.
2 30 Sec. 6. NEW SECTION. 231C.13A Uncertified or
2 31 decertifying program == cease and desist orders ==
2 32 injunctive and other relief.
2 33 1. If, as a result of an investigation of an
2 34 uncertified program or a program in the process of
2 35 decertifying, including an investigation under section
2 36 231C.7, the department or the attorney general believes
2 37 that a person has engaged in or is about to engage in
2 38 an act or practice which constitutes or will constitute
2 39 a violation of this chapter, rules adopted pursuant to
2 40 this chapter, or orders issued under this chapter, the
2 41 department or the attorney general may petition the
2 42 district court for injunctive relief to enjoin such act
2 43 or practice by the person and, if necessary to assure
2 44 effective relief, by the person's employees, owners,
2 45 managers, officers, directors, or other agents, and
2 46 those related to or affiliated with the person. Upon
2 47 a proper showing by the department or the attorney
2 48 general that such person has engaged in or is about
2 49 to engage in any such act or practice, the district
2 50 court shall grant an injunction, restraining order, or
3 1 other appropriate injunctive relief. The department or
3 2 the attorney general shall not be required to post a
3 3 bond to obtain injunctive relief under this subsection.
3 4 In addition, the court may order equitable relief as
3 5 necessary to protect the health, safety, and welfare of
3 6 tenants, including the appointment of a receiver.
3 7 2. a. In addition to or as an alternative to
3 8 seeking injunctive relief under subsection 1 or
3 9 injunctive relief or a criminal penalty under section
3 10 231C.15, the department may issue an administrative
3 11 order to any person the department believes has engaged
3 12 in or is about to engage in an act or practice which
3 13 constitutes or will constitute a violation of this
3 14 chapter, rules adopted pursuant to this chapter, or
3 15 orders issued under this chapter, requiring the person
3 16 to cease and desist from engaging in such act or
3 17 practice.
3 18 b. The cease and desist order may be served by
3 19 restricted certified mail, return receipt requested,
3 20 by personal service as provided under the Iowa rules
3 21 of civil procedure, or by acceptance of service by the
3 22 person or the person's counsel.
3 23 c. The order shall be effective from the date of
3 24 service if grounds for an emergency order exist under
3 25 section 17A.18A.
3 26 d. A person aggrieved by the order who wishes
3 27 to challenge the terms of the order shall request a
3 28 hearing within thirty days of service of the order.
3 29 The order shall describe the person's right to request
3 30 such a hearing.
3 31 e. If a hearing is not timely requested, the person
3 32 shall be deemed to have exhausted all administrative
3 33 remedies, and the order shall be the department's final
3 34 agency action by operation of law.
3 35 f. If a hearing is timely requested, the department
3 36 shall issue separate notice of hearing for a contested
3 37 case consistent with the provisions of chapter 17A.
3 38 g. A person aggrieved by the department's final
3 39 agency decision following a contested case may seek
3 40 judicial review under chapter 17A.
3 41 h. (1) If a person does not comply with a cease
3 42 and desist order, the department may petition the
3 43 district court in Polk County or in the county where
3 44 the person may be located, to enforce the order.
3 45 (2) The court shall not require the department
3 46 to post a bond in an action or proceeding under this
3 47 paragraph "h".
3 48 (3) If the court finds, after notice and
3 49 opportunity for hearing, that the person is not in
3 50 compliance with an order, the court may hold the person
4 1 in civil contempt of the order. The court may impose
4 2 a civil penalty against the person for contempt in an
4 3 amount not less than three thousand dollars but not to
4 4 exceed ten thousand dollars for each violation and may
4 5 grant any other relief the court determines just and
4 6 proper in the circumstances.
4 7 Sec. 7. EFFECTIVE UPON ENACTMENT. This Act, being
4 8 deemed of immediate importance, takes effect upon
4 9 enactment.>
4 10 #2. Title page, by striking lines 1 through 3 and
4 11 inserting <An Act relating to assisted living programs,
4 12 providing penalties, and including effective date
4 13 provisions.>
ISENHART of Dubuque
HF2463.1286 (3) 83
pf/nh
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