House
File
2263
H-8028
Amend
House
File
2263
as
follows:
1
1.
Page
2,
after
line
7
by
inserting:
2
<
Sec.
___.
Section
523D.1,
subsections
2,
3,
4,
8,
and
9,
3
Code
2024,
are
amended
to
read
as
follows:
4
2.
“Continuing
care”
means
housing
together
with
a
continuum
5
of
supportive
services,
home
health
services,
nursing
services,
6
medical
services,
or
other
health
related
services,
furnished
7
to
a
resident,
regardless
of
whether
or
not
the
lodging
and
8
services
are
provided
at
the
same
location,
together
with
9
housing
for
residents
that
elect
to
live
in
a
facility
of
10
a
provider,
with
or
without
other
periodic
charges,
and
11
pursuant
to
one
or
more
contracts
effective
for
the
life
of
the
12
resident
or
a
period
in
excess
of
one
year,
including
mutually
13
cancelable
contracts,
and
in
consideration
of
an
entrance
fee.
14
3.
“Continuing
care
retirement
community”
means
a
facility
or
15
program
which
provides
continuing
care
to
residents
other
than
16
residents
related
by
consanguinity
or
affinity
to
the
person
17
furnishing
their
care.
18
4.
“Entrance
fee”
means
an
initial
or
deferred
transfer
to
19
a
provider
of
a
sum
of
money
or
other
property
made
or
promised
20
to
be
made
as
full
or
partial
consideration
for
acceptance
of
21
a
specified
individual
in
into
a
facility
or
a
program
if
the
22
amount
exceeds
either
of
the
following:
23
a.
Five
thousand
dollars.
24
b.
The
sum
of
the
regular
periodic
charges
for
six
months
25
of
residency
.
26
8.
“Provider”
means
a
person
undertaking
through
a
lease
or
27
other
type
of
agreement
to
provide
care
in
or
from
a
continuing
28
care
retirement
community
or
senior
adult
congregate
living
29
facility,
even
if
that
person
does
not
own
the
facility.
30
9.
“Resident”
means
an
individual,
sixty
years
of
age
or
31
older,
entitled
to
receive
care
in
from
a
continuing
care
32
retirement
community
or
a
senior
adult
congregate
living
33
facility.
34
Sec.
___.
Section
523D.1,
Code
2024,
is
amended
by
adding
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#1.
the
following
new
subsection:
1
NEW
SUBSECTION
.
7A.
“Program”
means
an
organized
set
of
2
measures
or
activities
undertaken
by
a
provider
to
provide
3
continuing
care
services
to
an
individual.
4
Sec.
___.
Section
523D.2,
Code
2024,
is
amended
to
read
as
5
follows:
6
523D.2
Application
of
chapter.
7
This
chapter
applies
to
a
provider
who
executes
a
contract
8
to
provide
continuing
care
or
senior
adult
congregate
living
9
services
in
a
facility
or
program
,
or
extend
extends
the
term
10
of
an
existing
contract
to
provide
continuing
care
or
senior
11
adult
congregate
living
services
in
a
facility
or
program
,
if
12
the
contract
requires
or
permits
the
payment
of
an
entrance
fee
13
to
a
person,
and
any
of
the
following
apply:
14
1.
The
facility
or
program
is
or
will
be
located
in
this
15
state.
16
2.
The
provider
or
a
person
acting
on
the
provider’s
behalf
17
solicits
the
contract
within
this
state
for
a
facility
or
18
program
located
in
this
state
and
the
person
to
be
provided
19
with
continuing
care
or
senior
adult
congregate
living
services
20
under
the
contract
resides
within
this
state
at
the
time
of
the
21
solicitation.
22
Sec.
___.
Section
523D.2A,
unnumbered
paragraph
1,
Code
23
2024,
is
amended
to
read
as
follows:
24
On
or
before
March
1
of
each
year,
a
provider
shall
25
file
a
certification
with
the
commissioner
in
a
manner
and
26
according
to
requirements
established
by
the
commissioner.
The
27
certification
shall
be
accompanied
by
a
one
hundred
dollar
28
administrative
fee
which
fee
shall
be
deposited
as
provided
in
29
section
505.7
.
The
certification
shall
attest
that
according
30
to
the
best
knowledge
and
belief
of
the
attesting
party,
31
the
facility
or
program
administered
by
the
provider
is
in
32
compliance
with
the
provisions
of
this
chapter
,
including
33
rules
adopted
by
the
commissioner
or
orders
issued
by
the
34
commissioner
as
authorized
under
this
chapter
.
The
attesting
35
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person
may
be
any
of
the
following:
1
Sec.
___.
Section
523D.3,
subsection
1,
paragraph
c,
2
unnumbered
paragraph
1,
Code
2024,
is
amended
to
read
as
3
follows:
4
With
respect
to
each
person
covered
by
paragraph
“b”
,
and
5
if
the
facility
or
program
will
be
managed
on
a
day-to-day
6
basis
by
a
person
identified
pursuant
to
paragraph
“b”
,
or
with
7
respect
to
the
proposed
manager,
the
following
information:
8
Sec.
___.
Section
523D.3,
subsection
1,
paragraphs
f,
h,
and
9
k,
Code
2024,
are
amended
to
read
as
follows:
10
f.
The
services
provided
or
proposed
to
be
provided
under
11
contracts
for
continuing
care
or
senior
adult
congregate
living
12
services
at
the
facility
,
including
the
extent
to
which
medical
13
care
is
furnished.
The
disclosure
statement
shall
clearly
14
state
which
services
are
included
in
basic
contracts
and
which
15
services
are
made
available
at
or
by
the
facility
at
extra
16
charge.
17
h.
The
provisions
which
have
been
made
or
will
be
made,
18
if
any,
to
provide
reserve
funding
or
security
to
enable
the
19
provider
to
fully
perform
its
obligations
under
contracts
to
20
provide
continuing
care
or
senior
adult
congregate
living
21
services
at
the
facility
,
including
the
establishment
of
escrow
22
accounts,
trusts,
or
reserve
funds,
together
with
the
manner
in
23
which
the
funds
will
be
invested
and
the
names
and
experience
24
of
persons
who
will
make
the
investment
decisions.
25
k.
Other
material
information
concerning
the
facility
,
26
program,
or
the
provider
required
by
the
division
of
insurance
27
or
which
the
provider
wishes
to
include.
28
Sec.
___.
Section
523D.6,
subsection
1,
paragraphs
b,
c,
f,
29
g,
h,
j,
k,
m,
and
p,
Code
2024,
are
amended
to
read
as
follows:
30
b.
The
name
and
address
of
the
facility
or
facilities
,
or
31
of
the
program
.
32
c.
The
If
a
prospective
resident
elects
to
reside
in
housing
33
at
the
facility
of
a
provider,
the
identification
of
the
living
34
unit
which
the
prospective
resident
will
occupy.
35
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f.
A
statement
of
the
policy
of
the
facility
or
program
with
1
regard
to
any
health
or
financial
conditions
upon
which
the
2
provider
may
require
the
resident
to
relinquish
the
resident’s
3
space
in
the
designated
facility
or
program
.
4
g.
A
statement
of
the
policy
of
the
facility
or
program
with
5
regard
to
the
health
and
financial
conditions
required
for
a
6
person
to
continue
as
a
resident
or
an
enrollee
in
a
program
.
7
h.
A
statement
of
the
policy
of
the
facility
or
program
with
8
regard
to
the
conditions
under
which
the
resident
is
permitted
9
to
remain
in
the
facility
or
program
in
the
event
of
financial
10
difficulties
affecting
the
resident.
11
j.
A
statement
of
the
policy
of
the
facility
or
program
12
with
regard
to
changes
in
accommodations
and
a
description
13
of
the
procedures
to
be
followed
by
the
provider
when
the
14
provider
temporarily
or
permanently
changes
the
resident’s
15
accommodations
within
the
facility
or
program
,
transfers
the
16
resident
from
one
level
of
care
to
another,
or
transfers
the
17
resident
to
another
health
facility
or
program
.
18
k.
A
description
in
clear
and
understandable
language,
in
at
19
least
ten
point
type,
of
the
terms
governing
the
refund
of
any
20
portion
of
the
entrance
fee
in
the
event
of
discharge
by
the
21
provider,
or
cancellation
by
the
resident,
and
a
statement
that
22
the
provider
shall
not
dismiss
or
discharge
a
resident
from
23
a
facility
or
program
prior
to
the
expiration
of
a
resident
24
contract
without
just
cause
and
sixty
days
written
notice
of
25
intent
to
cancel.
The
notice
of
dismissal
or
discharge
shall
26
only
be
given
upon
a
good
faith
determination
that
just
cause
27
exists,
and
the
notice
shall
be
given
in
writing,
signed
by
the
28
medical
director,
if
any,
and
the
administrator
of
the
facility
29
or
program
.
In
an
emergency
situation
only
such
notice
as
is
30
reasonable
under
the
circumstances
is
required.
31
m.
A
description
of
the
facility’s
or
program’s
policies
32
and
procedures
for
handling
grievances
between
the
provider
and
33
residents.
34
p.
A
statement
that
if
a
resident
dies
or
through
illness,
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injury,
or
incapacity
is
precluded
from
becoming
a
resident
1
under
the
terms
of
the
contract
before
occupying
the
living
2
unit
,
or
precluded
from
commencing
a
continuing
care
services
3
program
under
the
terms
of
the
contract
,
the
contract
is
4
automatically
rescinded
and
the
resident
or
the
resident’s
5
legal
representative
shall
receive
a
full
refund
of
all
6
payments
of
money
or
transferred
property
to
the
facility
7
or
program
,
except
those
costs
specifically
incurred
by
the
8
facility
or
program
at
the
request
of
the
resident
or
program
9
enrollee
and
set
forth
in
writing
in
a
separate
addendum,
10
signed
by
both
parties
to
the
contract.
11
Sec.
___.
Section
523D.6,
subsection
2,
Code
2024,
is
12
amended
to
read
as
follows:
13
2.
Cancellation.
The
contract
required
by
this
section
14
shall
state
the
terms
under
which
the
contract
can
be
canceled
15
by
the
provider
,
or
the
resident,
or
a
program
enrollee,
16
including
a
statement
of
the
refund
rights
of
a
resident,
17
or
a
program
enrollee,
and
shall
include
a
completed,
18
easily
detachable
form
in
duplicate,
captioned
“Notice
19
of
Cancellation”,
as
an
attachment,
in
ten
point
boldface
20
type,
containing
the
following
information
and
statements
in
21
substantially
the
following
form
and
language:
22
NOTICE
OF
CANCELLATION
23
........
24
Date
contract
was
executed.
25
........
26
Date
disclosure
statement
was
provided
27
to
resident
or
program
enrollee
.
28
You
may
rescind
and
cancel
your
contract,
without
any
penalty
29
or
obligation,
within
three
business
days
of
the
date
the
30
contract
was
executed
or
within
thirty
days
after
the
date
31
you
received
the
disclosure
statement
required
by
Iowa
Code
32
section
523D.3
,
whichever
is
later.
You
are
not
required
to
33
move
into
the
facility
or
commence
continuing
care
services
34
from
the
program
before
the
expiration
of
this
cancellation
35
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period.
However,
if
you
do,
the
provider
may
retain
the
1
reasonable
value
of
care
and
services
actually
provided
to
you,
2
the
resident,
prior
to
your
vacating
the
provider’s
facility
3
or
terminating
continuing
care
services
from
the
program
.
If
4
you
cancel
this
contract
and
you
have
already
moved
into
the
5
provider’s
facility,
you
must
vacate
your
living
unit
within
6
ten
days
after
receipt
by
the
provider
of
your
cancellation
7
notice.
8
If
you
cancel
this
contract,
any
payments
of
money
or
9
transfers
of
property
you
made
to
the
provider
must
be
returned
10
as
soon
as
reasonably
possible
by
the
provider
following
11
receipt
by
the
provider
of
your
cancellation
notice,
and
any
12
security
interest
arising
out
of
the
transaction
is
canceled,
13
except
that,
as
stated
above,
the
provider
may
retain
the
14
reasonable
value
of
care
and
services
actually
provided
to
you
15
prior
to
your
vacating
the
provider’s
facility
or
terminating
16
continuing
care
services
from
the
program
.
17
To
cancel
this
contract,
mail
by
certified
mail
or
hand
18
deliver
a
signed
and
dated
copy
of
this
cancellation
notice
19
or
any
other
written
notice
clearly
indicating
your
intent
to
20
cancel
the
contract,
or
send
a
telegram,
to
........
(name
21
of
provider)
at
........
(address
of
provider’s
place
of
22
business).
Your
cancellation
is
effective
upon
mailing
by
23
certified
mail,
when
transmitted
by
telegraph,
or
when
actual
24
notice
is
given
to
the
provider,
whichever
is
earlier.
25
I
hereby
cancel
this
contract.
26
......
27
(Date)
28
............
29
(Resident’s
signature)
30
Sec.
___.
Section
523D.7,
subsection
1,
paragraphs
a
and
b,
31
Code
2024,
are
amended
to
read
as
follows:
32
a.
Enters
into
a
contract
to
provide
continuing
care
or
33
senior
adult
congregate
living
services
at
a
facility
without
34
having
first
delivered
a
disclosure
statement
meeting
the
35
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requirements
of
this
chapter
to
the
person
contracting
for
1
continuing
care
or
senior
adult
congregate
living
services
and
2
to
the
person’s
personal
representative
if
one
is
appointed
by
3
the
person.
4
b.
Enters
into
a
contract
to
provide
continuing
care
or
5
senior
adult
congregate
living
services
at
a
facility
with
a
6
person
who
has
relied
on
a
disclosure
statement
which
contains
7
any
untrue
statement
of
a
material
fact
or
omits
to
state
a
8
material
fact
necessary
in
order
to
make
the
statements
made,
9
in
light
of
the
circumstances
under
which
they
are
made,
not
10
misleading.
>
11
2.
Title
page,
line
3,
by
striking
<
sellers.
>
and
inserting
12
<
sellers,
continuing
care
retirement
facilities,
and
continuing
13
care
retirement
programs.
>
14
3.
By
renumbering
as
necessary.
15
______________________________
LOHSE
of
Polk
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7
#2.
#3.