Senate
File
465
S-3176
Amend
Senate
File
465
as
follows:
1
1.
By
striking
everything
after
the
enacting
clause
2
and
inserting:
3
<
Section
1.
NEW
SECTION
.
231C.11A
Voluntary
4
cessation
of
program
operations
——
decertification.
5
1.
The
department
shall
adopt
rules
regarding
6
the
voluntary
cessation
of
program
operations
of
an
7
assisted
living
program,
including
decertification.
8
The
rules
shall
address
notification
of
the
tenants,
9
tenant
legal
representatives,
the
department,
and
10
the
tenant
advocate
at
least
ninety
days
prior
to
the
11
anticipated
date
of
cessation
of
program
operations;
12
the
requirements
for
the
safe
and
orderly
transfer
13
or
transition
of
all
tenants;
and
monitoring
of
the
14
program
during
the
process
and
after
cessation
of
15
program
operations.
16
2.
Within
seven
days
following
provision
of
notice
17
of
cessation
of
program
operations,
the
assisted
18
living
program
shall
hold
a
meeting
and
invite
all
19
tenants,
tenant
legal
representatives,
families
of
20
tenants,
representatives
of
the
department,
and
the
21
tenant
advocate
to
discuss
the
pending
cessation
of
the
22
program
and
to
answer
any
questions.
The
department
23
and
the
tenant
advocate
shall
have
access
to
attend
24
the
meeting
and
provide
information
to
the
tenants
25
regarding
their
legal
rights.
26
3.
The
tenant
advocate
shall
monitor
the
27
decertification
process
and
shall
undertake
any
28
investigations
necessary
to
ensure
that
the
rights
of
29
tenants
are
protected
during
the
process
and
after
30
cessation
of
program
operations.
The
tenant
advocate
31
shall
assist
tenants
during
the
transition,
including
32
assisting
tenants
in
finding
necessary
and
appropriate
33
service
providers
if
the
assisted
living
program
34
is
unable
to
provide
such
necessary
and
appropriate
35
services
during
the
transition
period.
The
assisted
36
living
program
shall
cooperate
with
the
tenant
advocate
37
by
providing
contact
information
for
service
providers
38
within
a
thirty
mile
radius
of
the
program.
39
4.
Following
cessation
of
program
operations
and
40
decertification,
the
department
shall
retain
authority
41
to
monitor
the
decertified
program
to
ensure
that
the
42
entity
does
not
continue
to
act
as
an
uncertified
43
assisted
living
program
or
other
unlicensed,
44
uncertified,
or
unregistered
entity
otherwise
45
regulated
by
the
state
following
decertification.
If
46
a
decertified
assisted
living
program
continues
to
or
47
subsequently
acts
in
a
manner
that
meets
the
definition
48
of
assisted
living
pursuant
to
section
231C.2,
49
the
decertified
program
is
subject
to
the
criminal
50
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SF465.2032
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84
pf/nh
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2
#1.
penalties
and
injunctive
relief
provisions
of
section
1
231C.15,
and
any
other
penalties
applicable
by
law.
>
2
2.
Title
page,
by
striking
lines
1
through
3
and
3
inserting
<
An
Act
relating
to
voluntary
cessation
of
4
program
operations
and
decertification
of
assisted
5
living
programs,
and
providing
penalties.
>
6
______________________________
WILLIAM
DOTZLER
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(1)
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pf/nh
2/
2
#2.