House File 582
HOUSE FILE
BY COMMITTEE ON HUMAN RESOURCES
(SUCCESSOR TO HSB 233)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the regulation of elder family homes, elder
2 group homes, and assisted living programs, providing for
3 appropriation of fees, and providing penalties.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 2195HV 80
6 pf/sh/8
PAG LIN
1 1 Section 1. Section 100.1, subsection 6, Code 2003, is
1 2 amended to read as follows:
1 3 6. To adopt rules designating a fee to be assessed to each
1 4 building, structure, or facility for which a fire safety
1 5 inspection or plan review by the state fire marshal is
1 6 required as a condition of licensure by law. The fee
1 7 designated by rule shall be set in an amount that is
1 8 reasonably related to the costs of conducting the applicable
1 9 inspection or plan review. The fees collected by the state
1 10 fire marshal shall be retained by the state fire marshal and
1 11 deposited in the general a separate fund of created in the
1 12 state treasury under the authority of the state fire marshal
1 13 and are appropriated to the state fire marshal to carry out
1 14 the purpose of this subsection. Amounts deposited in the fund
1 15 shall not be transferred, used, obligated, appropriated, or
1 16 otherwise encumbered, except as provided in this subsection.
1 17 Notwithstanding section 12C.7, subsection 2, interest or
1 18 earnings on moneys deposited in the fund shall be credited to
1 19 the fund. Notwithstanding section 8.33, amounts deposited in
1 20 the fund that remain unexpended or unencumbered at the close
1 21 of the fiscal year shall remain in the fund for utilization as
1 22 provided in this subsection for the following fiscal year.
1 23 Sec. 2. Section 135C.33, subsection 5, paragraph e, Code
1 24 2003, is amended to read as follows:
1 25 e. An employee of an assisted living facility program
1 26 certified or voluntarily accredited under chapter 231C, if the
1 27 employee provides direct services to consumers.
1 28 Sec. 3. Section 231B.1, subsection 2, Code 2003, is
1 29 amended by striking the subsection.
1 30 Sec. 4. Section 231B.1, subsection 4, Code 2003, is
1 31 amended to read as follows:
1 32 4. "Elder group home" means a single=family residence that
1 33 is a residence of operated by a person who is providing room,
1 34 board, and personal care to three through five elders who are
1 35 not related to the person providing the service within the
2 1 third degree of consanguinity or affinity.
2 2 Sec. 5. Section 231B.2, subsection 1, Code 2003, is
2 3 amended to read as follows:
2 4 1. The department of elder affairs, in cooperation with
2 5 the department of inspections and appeals, shall establish by
2 6 rule in accordance with chapter 17A a special classification
2 7 for elder group homes. An elder group home established
2 8 pursuant to this subsection is exempt from the requirements of
2 9 section 135.63.
2 10 Sec. 6. Section 231B.2, subsection 2, unnumbered paragraph
2 11 1, Code 2003, is amended to read as follows:
2 12 The department of elder affairs, in cooperation with the
2 13 department of inspections and appeals, shall adopt rules to
2 14 establish requirements for certification of elder group homes.
2 15 The requirements shall include but are not limited to all of
2 16 the following:
2 17 Sec. 7. Section 231B.2, subsection 2, paragraph c, Code
2 18 2003, is amended to read as follows:
2 19 c. An elder group home shall be owner=occupied, or owned
2 20 by a nonprofit corporation and occupied by a resident manager
2 21 staffed by an on=site manager twenty=four hours per day, seven
2 22 days per week. A resident manager shall reside in and provide
2 23 services for no more than one elder group home.
2 24 Sec. 8. Section 231B.2, subsections 3 through 5, Code
2 25 2003, are amended to read as follows:
2 26 3. An elder group home established pursuant to this
2 27 chapter shall be certified by the department of inspections
2 28 and appeals.
2 29 4. A provider under the special classification shall
2 30 comply with the rules adopted by the department of elder
2 31 affairs, in cooperation with the department of inspections and
2 32 appeals, for an elder group home.
2 33 5. Inspections and certification services shall be
2 34 provided by the department of inspections and appeals.
2 35 However, beginning July 1, 1994, the department may enter into
3 1 contracts with the area agencies on aging to provide these
3 2 services.
3 3 Sec. 9. Section 231B.3, subsection 2, Code 2003, is
3 4 amended to read as follows:
3 5 2. A person who has knowledge that an elder group home is
3 6 operating without certification shall report the name and
3 7 address of the home to the department of inspections and
3 8 appeals. The department of inspections and appeals shall
3 9 investigate a report made pursuant to this section.
3 10 Sec. 10. Section 231B.4, Code 2003, is amended to read as
3 11 follows:
3 12 231B.4 APPLICABILITY.
3 13 1. This chapter shall not be construed to require that a
3 14 facility, currently licensed or licensed as a different type
3 15 of facility and serving persons sixty years of age or older,
3 16 also comply with the requirements of this chapter.
3 17 2. This chapter shall apply only to those elder group
3 18 homes certified by the department of elder affairs prior to
3 19 July 1, 2003. Applications for certification as an elder
3 20 group home shall not be accepted or approved on or after July
3 21 1, 2003.
3 22 Sec. 11. Section 231C.2, subsections 1 and 6, Code 2003,
3 23 are amended to read as follows:
3 24 1. "Assisted living" means provision of housing with
3 25 services which may include but are not limited to health=
3 26 related care, personal care, and assistance with instrumental
3 27 activities of daily living to six three or more tenants in a
3 28 physical structure which provides a homelike environment.
3 29 "Assisted living" also includes encouragement of family
3 30 involvement, tenant self=direction, and tenant participation
3 31 in decisions that emphasize choice, dignity, privacy,
3 32 individuality, shared risk, and independence. "Assisted
3 33 living" includes the provision of housing and assistance with
3 34 instrumental activities of daily living only if personal care
3 35 or health=related care is also included.
4 1 6. "Tenant" means an individual who receives assisted
4 2 living services through a certified or accredited assisted
4 3 living program.
4 4 Sec. 12. Section 231C.2, subsection 2, Code 2003, is
4 5 amended by striking the subsection.
4 6 Sec. 13. Section 231C.2, Code 2003, is amended by adding
4 7 the following new subsections:
4 8 NEW SUBSECTION. 2A. "Governmental unit" means the state,
4 9 or any county, municipality, or other political subdivision or
4 10 any department, division, board, or other agency of any of
4 11 these entities.
4 12 NEW SUBSECTION. 4A. "Legal representative" means a person
4 13 appointed by the court to act on behalf of the tenant, or a
4 14 person acting pursuant to a power of attorney.
4 15 NEW SUBSECTION. 5A. "Recognized accrediting entity" means
4 16 a nationally recognized accrediting entity that the department
4 17 of elder affairs, in cooperation with the department of
4 18 inspections and appeals, recognizes as having specific
4 19 assisted living program standards equivalent to the standards
4 20 established by the department of elder affairs, in cooperation
4 21 with the department of inspections and appeals, for assisted
4 22 living programs.
4 23 NEW SUBSECTION. 7. "Tenant's representative" means a
4 24 tenant's legal representative or any representative authorized
4 25 by the tenant to act on behalf of the tenant.
4 26 Sec. 14. Section 231C.3, Code 2003, is amended by striking
4 27 the section and inserting in lieu thereof the following:
4 28 231C.3 CERTIFICATION OF ASSISTED LIVING PROGRAMS.
4 29 1. The department of elder affairs, in cooperation with
4 30 the department of inspections and appeals, shall establish, by
4 31 rule in accordance with chapter 17A, a program for
4 32 certification and monitoring of assisted living programs. The
4 33 department of elder affairs, in cooperation with the
4 34 department of inspections and appeals, may adopt by reference
4 35 with or without amendment, nationally recognized standards and
5 1 rules for assisted living programs. The rules shall include
5 2 specification of recognized accrediting entities and
5 3 provisions related to dementia=specific programs. The
5 4 standards and rules shall be formulated in consultation with
5 5 affected industry, professional, and consumer groups and shall
5 6 be designed to accomplish the purposes of this chapter and
5 7 shall include but are not limited to rules relating to all of
5 8 the following:
5 9 a. Provisions to ensure, to the greatest extent possible,
5 10 the health, safety, and well=being and appropriate treatment
5 11 of tenants.
5 12 b. Requirements that assisted living programs furnish the
5 13 department of elder affairs and the department of inspections
5 14 and appeals with specified information necessary to administer
5 15 this chapter.
5 16 c. Standards for tenant evaluation or assessment, which
5 17 may vary in accordance with the nature of the services
5 18 provided or the status of the tenant.
5 19 2. In addition to the adoption of standards and rules for
5 20 assisted living programs, the department of elder affairs, in
5 21 cooperation with the department of inspections and appeals,
5 22 and in consultation with affected industry, professional, and
5 23 consumer groups, shall issue interpretive guidelines,
5 24 including the expectations of program certification monitors,
5 25 to provide direction to assisted living programs in complying
5 26 with certification requirements.
5 27 3. Each assisted living program operating in this state
5 28 shall be certified by the department of inspections and
5 29 appeals. If an assisted living program is voluntarily
5 30 accredited by a recognized accrediting entity, the department
5 31 of inspections and appeals shall certify the assisted living
5 32 program on the basis of the voluntary accreditation. An
5 33 assisted living program that is certified by the department on
5 34 the basis of voluntary accreditation shall not be subject to
5 35 payment of the certification fee prescribed in section
6 1 231C.19, but shall be subject to an administrative fee as
6 2 prescribed by rule. An assisted living program certified
6 3 under this section is exempt from the requirements of section
6 4 135.63 relating to certificate of need requirements.
6 5 4. The owner or manager of a certified assisted living
6 6 program shall comply with the rules adopted by the department
6 7 of elder affairs, in cooperation with the department of
6 8 inspections and appeals, for an assisted living program. A
6 9 person including a governmental unit shall not represent an
6 10 assisted living program to the public as an assisted living
6 11 program or as a certified assisted living program unless and
6 12 until the program is certified pursuant to this chapter.
6 13 5. a. Services provided by a certified assisted living
6 14 program may be provided directly by staff of the assisted
6 15 living program, by individuals contracting with the assisted
6 16 living program to provide services, or by individuals employed
6 17 by the tenant or with whom the tenant contracts if the tenant
6 18 agrees to assume the responsibility and risk of the employment
6 19 or the contractual relationship.
6 20 b. If a tenant is terminally ill and has elected to
6 21 receive hospice services under the federal Medicare program
6 22 from a Medicare=certified hospice program, the assisted living
6 23 program and the Medicare=certified hospice program shall enter
6 24 into a written agreement under which the hospice program
6 25 retains professional management responsibility for those
6 26 services.
6 27 6. The department of inspections and appeals may enter
6 28 into contracts to provide certification and monitoring of
6 29 assisted living programs. The department of inspections and
6 30 appeals shall:
6 31 a. Have full access at reasonable times to all records,
6 32 materials, and common areas pertaining to the provision of
6 33 services and care to the tenants of a program during
6 34 certification and monitoring of programs seeking
6 35 certification, currently certified, or claiming to be
7 1 certified.
7 2 b. With the consent of the tenant, visit the tenant's
7 3 unit.
7 4 c. Require that the recognized accrediting entity
7 5 providing accreditation for a program provide copies to the
7 6 department of all materials related to the accreditation,
7 7 monitoring, and complaint process.
7 8 7. The department of elder affairs, in cooperation with
7 9 the department of inspections and appeals, may also establish
7 10 by rule in accordance with chapter 17A a special
7 11 classification for affordable assisted living programs. The
7 12 rules shall be formulated in consultation with affected
7 13 industry, professional, and consumer groups.
7 14 8. A department, agency, or officer of this state or of
7 15 any political subdivision shall not pay or approve for payment
7 16 from public funds any amount to an assisted living program for
7 17 an actual or prospective tenant, unless the program holds a
7 18 current certificate issued by the department of inspections
7 19 and appeals and meets all current requirements for
7 20 certification.
7 21 9. The department of elder affairs, in cooperation with
7 22 the department of inspections and appeals, shall adopt rules
7 23 regarding the conducting or operating of another business or
7 24 activity in the same physical structure in which the assisted
7 25 living program is provided, if the business or activity serves
7 26 nontenants. The rules shall be developed in consultation with
7 27 affected industry, professional, and consumer groups.
7 28 10. An assisted living program shall comply with section
7 29 135C.33.
7 30 Sec. 15. Section 231C.4, Code 2003, is amended to read as
7 31 follows:
7 32 231C.4 FIRE AND SAFETY STANDARDS.
7 33 The state fire marshal shall adopt rules, in coordination
7 34 with the department of elder affairs and the department of
7 35 inspections and appeals, relating to the certification or
8 1 voluntary accreditation and monitoring of the fire and safety
8 2 standards of certified or voluntarily accredited assisted
8 3 living programs.
8 4 Sec. 16. Section 231C.5, Code 2003, is amended by striking
8 5 the section and inserting in lieu thereof the following:
8 6 231C.5 WRITTEN OCCUPANCY AGREEMENT REQUIRED.
8 7 1. An assisted living program shall not operate in this
8 8 state unless a written occupancy agreement, as prescribed in
8 9 subsection 2, is executed between the assisted living program
8 10 and each tenant or tenant's representative, prior to the
8 11 tenant's occupancy, and unless the assisted living program
8 12 operates in accordance with the terms of the occupancy
8 13 agreement. The assisted living program shall deliver to the
8 14 tenant or tenant's representative a complete copy of the
8 15 occupancy agreement and all supporting documents and
8 16 attachments and shall deliver, at least thirty days prior to
8 17 any changes, a written copy of changes to the occupancy
8 18 agreement if any changes to the copy originally delivered are
8 19 subsequently made.
8 20 2. An assisted living program occupancy agreement shall
8 21 clearly describe the rights and responsibilities of the tenant
8 22 and the program. The occupancy agreement shall also include
8 23 but is not limited to inclusion of all of the following
8 24 information in the body of the agreement or in the supporting
8 25 documents and attachments:
8 26 a. A description of all fees, charges, and rates
8 27 describing tenancy and basic services covered, and any
8 28 additional and optional services and their related costs.
8 29 b. A statement regarding the impact of the fee structure
8 30 on third=party payments, and whether third=party payments and
8 31 resources are accepted by the assisted living program.
8 32 c. The procedure followed for nonpayment of fees.
8 33 d. Identification of the party responsible for payment of
8 34 fees and identification of the tenant's representative, if
8 35 any.
9 1 e. The term of the occupancy agreement.
9 2 f. A statement that the assisted living program will
9 3 notify the tenant or the tenant's representative, as
9 4 applicable, in writing at least thirty days prior to any
9 5 change being made in the occupancy agreement with the
9 6 following exceptions:
9 7 (1) When the tenant's health status or behavior
9 8 constitutes a substantial threat to the health or safety of
9 9 the tenant, other tenants, or others, including when the
9 10 tenant refuses to consent to relocation.
9 11 (2) When an emergency or a significant change in the
9 12 tenant's condition results in the need for the provision of
9 13 services that exceed the type or level of services included in
9 14 the occupancy agreement and the necessary services cannot be
9 15 safely provided by the assisted living program.
9 16 g. A statement that all tenant information will be
9 17 maintained in a confidential manner to the extent required
9 18 under state and federal law.
9 19 h. Occupancy, involuntary transfer, and transfer criteria
9 20 and procedures.
9 21 i. The program's policies and procedures for addressing
9 22 grievances between the assisted living program and the
9 23 tenants, including grievances relating to transfer and
9 24 occupancy.
9 25 j. A statement of the prohibition against retaliation as
9 26 prescribed in section 231C.14.
9 27 k. The emergency response policy.
9 28 l. The staffing policy which specifies if the staff is
9 29 available twenty=four hours per day, if nurse delegation will
9 30 be used, and how staffing will be adapted to meet changing
9 31 tenant needs.
9 32 m. In dementia=specific assisted living programs, a
9 33 description of the services and programming provided to meet
9 34 the life skills and social activities of tenants.
9 35 3. Occupancy agreements and related documents executed by
10 1 each tenant or tenant's representative shall be maintained by
10 2 the assisted living program in program files from the date of
10 3 execution until three years from the date the occupancy
10 4 agreement is terminated. Occupancy agreements and related
10 5 documents shall be made available for on=site inspection to
10 6 the department of inspections and appeals upon request and at
10 7 reasonable times.
10 8 Sec. 17. Section 231C.6, Code 2003, is amended by striking
10 9 the section and inserting in lieu thereof the following:
10 10 231C.6 RETENTION IN AN ASSISTED LIVING PROGRAM.
10 11 1. The department of inspections and appeals shall not
10 12 require the removal and relocation of a tenant of an assisted
10 13 living program if, based upon an assessment by the department
10 14 of inspections and appeals, the department of inspections and
10 15 appeals determines that the tenant's presence in the program
10 16 does not endanger the tenant or other tenants and the tenant
10 17 is able to receive necessary care through services provided by
10 18 the program in accordance with the program's certification or
10 19 through services obtained by the tenant from providers other
10 20 than the program. In assessing whether it is possible for the
10 21 tenant to be provided or to obtain necessary care without
10 22 relocating, the department of inspections and appeals shall
10 23 consider all relevant factors, including placement preference
10 24 expressed by the tenant, the tenant's representative, or
10 25 others, and the approval of the program.
10 26 2. Notwithstanding a determination by the department of
10 27 inspections and appeals that a tenant's needs exceed occupancy
10 28 criteria as established in this chapter or rules adopted
10 29 pursuant to this chapter, the department of inspections and
10 30 appeals may grant a waiver to the assisted living program to
10 31 allow the tenant to remain in the program if, not later than
10 32 ten business days after the date the program is informed of
10 33 the specific basis of the department of inspections and
10 34 appeals' determination, the department of inspections and
10 35 appeals receives all of the following obtained by the assisted
11 1 living program:
11 2 a. A written assessment from the tenant's primary care
11 3 provider that the tenant is appropriately placed.
11 4 b. A written statement from the tenant, or from the
11 5 tenant's legal representative if the tenant lacks capacity to
11 6 provide a written statement, that the tenant wishes to remain
11 7 in the program.
11 8 c. A written statement from the program that the program
11 9 approves of the tenant remaining in the program.
11 10 3. If the department of inspections and appeals grants a
11 11 waiver pursuant to subsection 2, the waiver shall be valid for
11 12 a period of six months, unless the tenant's medical and
11 13 functional status otherwise requires. The department of
11 14 inspections and appeals may continue an existing waiver for
11 15 any subsequent period of six months each, upon request of the
11 16 program. The department of elder affairs, in cooperation with
11 17 the department of inspections and appeals, shall adopt rules
11 18 regarding administration of the waivers.
11 19 4. An assisted living program that has been granted a
11 20 waiver for a tenant under subsection 2 shall not be found in
11 21 noncompliance of occupancy criteria if the program complies
11 22 with the requirements of the waiver.
11 23 5. a. If the department of inspections and appeals
11 24 determines that a tenant is inappropriately placed in the
11 25 assisted living program or that a tenant's needs exceed
11 26 occupancy criteria and a waiver is not requested and obtained
11 27 in accordance with the requirements of subsection 2, the
11 28 program shall transfer the tenant.
11 29 b. The tenant shall be provided a transition period of
11 30 thirty days following the date of receipt of the notice of the
11 31 transfer to relinquish tenancy in the program.
11 32 c. Notwithstanding paragraph "b", if the tenant's
11 33 continued tenancy in the assisted living program following
11 34 provision of notice would present a danger to the safety or
11 35 well=being of the tenant, other tenants, or employees of the
12 1 assisted living program, the transition period of thirty days
12 2 is waived and the transition provisions relating to an
12 3 involuntary transfer as provided in the occupancy agreement
12 4 shall instead apply.
12 5 Sec. 18. NEW SECTION. 231C.8 COMPLAINTS.
12 6 1. Any person with concerns regarding the operations or
12 7 service delivery of an assisted living program may file a
12 8 complaint with the department of inspections and appeals. The
12 9 name of the person who files a complaint with the department
12 10 of inspections and appeals and any personal identifying
12 11 information of the person or any tenant identified in the
12 12 complaint shall be kept confidential and shall not be subject
12 13 to discovery, subpoena, or other means of legal compulsion for
12 14 its release to a person other than department of inspections
12 15 and appeals' employees involved with the complaint.
12 16 2. The department of elder affairs, in cooperation with
12 17 the department of inspections and appeals, shall establish
12 18 procedures for the disposition of complaints received in
12 19 accordance with this section.
12 20 Sec. 19. NEW SECTION. 231C.9 INFORMAL REVIEW.
12 21 If an assisted living program contests the regulatory
12 22 insufficiencies of a monitoring evaluation or complaint
12 23 investigation, the program shall submit written information,
12 24 demonstrating that the program was in compliance with the
12 25 applicable requirement at the time of the monitoring
12 26 evaluation or complaint investigation, in support of the
12 27 contesting of the regulatory insufficiencies, to the
12 28 department of inspections and appeals for review. The
12 29 department of inspections and appeals shall review the written
12 30 information submitted within ten working days of the receipt
12 31 of the information. At the conclusion of the review, the
12 32 department of inspections and appeals may affirm, modify, or
12 33 dismiss the regulatory insufficiencies. If the regulatory
12 34 insufficiencies are modified or dismissed, the department of
12 35 inspections and appeals shall notify the program in writing of
13 1 the reasons for the modification or dismissal and in the case
13 2 of a complaint investigation, shall notify the complainant, if
13 3 known, of the reasons for the modification or dismissal.
13 4 Sec. 20. NEW SECTION. 231C.10 PUBLIC DISCLOSURE OF
13 5 FINDINGS.
13 6 Following a monitoring evaluation or complaint
13 7 investigation of an assisted living program by the department
13 8 of inspections and appeals pursuant to this chapter, the
13 9 department of inspections and appeals' final findings with
13 10 respect to compliance by the assisted living program with
13 11 requirements for certification shall be made available to the
13 12 public in a readily available form and place. Other
13 13 information relating to an assisted living program that is
13 14 obtained by the department of inspections and appeals which
13 15 does not constitute the department's final findings from a
13 16 monitoring evaluation or complaint investigation of the
13 17 assisted living program shall not be made available to the
13 18 public except in proceedings involving the denial, suspension,
13 19 or revocation of a certificate under this chapter.
13 20 Sec. 21. NEW SECTION. 231C.11 DENIAL, SUSPENSION, OR
13 21 REVOCATION == CONDITIONAL OPERATION.
13 22 1. The department of inspections and appeals may deny,
13 23 suspend, or revoke a certificate in any case where the
13 24 department of inspections and appeals finds that there has
13 25 been a substantial or repeated failure on the part of the
13 26 assisted living program to comply with this chapter or the
13 27 rules, or minimum standards adopted under this chapter, or for
13 28 any of the following reasons:
13 29 a. Cruelty or indifference to assisted living program
13 30 tenants.
13 31 b. Appropriation or conversion of the property of an
13 32 assisted living program tenant without the tenant's written
13 33 consent or the written consent of the tenant's legal guardian.
13 34 c. Permitting, aiding, or abetting the commission of any
13 35 illegal act in the assisted living program.
14 1 d. Obtaining or attempting to obtain or retain a
14 2 certificate by fraudulent means, misrepresentation, or by
14 3 submitting false information.
14 4 e. Habitual intoxication or addiction to the use of drugs
14 5 by the applicant, administrator, executive director, manager,
14 6 or supervisor of the assisted living program.
14 7 f. Securing the devise or bequest of the property of a
14 8 tenant of an assisted living program by undue influence.
14 9 g. Failure or neglect to maintain a continuing education
14 10 and training program for all personnel employed in the
14 11 assisted living program.
14 12 h. Founded dependent adult abuse as defined in section
14 13 235B.2.
14 14 i. In the case of any officer, member of the board of
14 15 directors, trustee, or designated manager of the program or
14 16 any stockholder, partner, or individual who has greater than a
14 17 ten percent equity interest in the program, who has or has had
14 18 an ownership interest in an assisted living program, home
14 19 health agency, residential care facility, or licensed nursing
14 20 facility in any state which has been closed due to removal of
14 21 program, agency, or facility licensure or certification or
14 22 involuntary termination from participation in either the
14 23 medical assistance or Medicare programs, or who has been found
14 24 to have failed to provide adequate protection or services for
14 25 tenants to prevent abuse or neglect.
14 26 j. In the case of a certificate applicant or an existing
14 27 certified owner or operator who is an entity other than an
14 28 individual, the person is in a position of control or is an
14 29 officer of the entity and engages in any act or omission
14 30 proscribed by this chapter.
14 31 k. For any other reason as provided by law or
14 32 administrative rule.
14 33 2. The department of inspections and appeals may as an
14 34 alternative to denial, suspension, or revocation conditionally
14 35 issue or continue a certificate dependent upon the performance
15 1 by the assisted living program of reasonable conditions within
15 2 a reasonable period of time as set by the department of
15 3 inspections and appeals so as to permit the program to
15 4 commence or continue the operation of the program pending full
15 5 compliance with this chapter or the rules adopted pursuant to
15 6 this chapter. If the assisted living program does not make
15 7 diligent efforts to comply with the conditions prescribed, the
15 8 department of inspections and appeals may, under the
15 9 proceedings prescribed by this chapter, suspend, or revoke the
15 10 certificate. An assisted living program shall not be operated
15 11 on a conditional certificate for more than one year.
15 12 Sec. 22. NEW SECTION. 231C.12 NOTICE == HEARINGS.
15 13 1. The denial, suspension, or revocation of a certificate
15 14 shall be effected by delivering to the applicant or
15 15 certificate holder by restricted certified mail or by personal
15 16 service a notice setting forth the particular reasons for such
15 17 action. Such denial, suspension, or revocation shall become
15 18 effective thirty days after the mailing or service of the
15 19 notice, unless the applicant or certificate holder, within
15 20 such thirty=day period, requests a hearing, in writing, of the
15 21 department of inspections and appeals, in which case the
15 22 notice shall be deemed to be suspended.
15 23 2. The denial, suspension, or revocation of a certificate
15 24 may be appealed in accordance with rules adopted by the
15 25 department of inspections and appeals in accordance with
15 26 chapter 17A.
15 27 3. When the department of inspections and appeals finds
15 28 that an imminent danger to the health or safety of tenants of
15 29 an assisted living program exists which requires action on an
15 30 emergency basis, the department of inspections and appeals may
15 31 direct removal of all tenants of an assisted living program
15 32 and suspend the certificate prior to a hearing.
15 33 Sec. 23. NEW SECTION. 231C.13 DEPARTMENT NOTIFIED OF
15 34 CASUALTIES.
15 35 The department of inspections and appeals shall be notified
16 1 within twenty=four hours, by the most expeditious means
16 2 available, of any accident causing substantial injury or
16 3 death, and any substantial fire or natural or other disaster
16 4 occurring at or near an assisted living program.
16 5 Sec. 24. NEW SECTION. 231C.14 RETALIATION BY ASSISTED
16 6 LIVING PROGRAM PROHIBITED.
16 7 1. An assisted living program shall not discriminate or
16 8 retaliate in any way against a tenant, tenant's family, or an
16 9 employee of the program who has initiated or participated in
16 10 any proceeding authorized by this chapter. An assisted living
16 11 program that violates this section is subject to a penalty as
16 12 established by administrative rule in accordance with chapter
16 13 17A and to be assessed and collected by the department of
16 14 inspections and appeals and paid into the state treasury to be
16 15 credited to the general fund of the state, or to immediate
16 16 revocation of the program's certificate.
16 17 2. Any attempt to transfer, from an assisted living
16 18 program, a tenant by whom or upon whose behalf a complaint has
16 19 been submitted to the department under section 231C.8, within
16 20 ninety days after the filing of the complaint or the
16 21 conclusion of any proceeding resulting from the complaint,
16 22 raises a rebuttable presumption that the action was taken by
16 23 the program in retaliation for the filing of the complaint,
16 24 except in situations in which the tenant is transferred due to
16 25 occupancy and transfer criteria.
16 26 Sec. 25. NEW SECTION. 231C.15 CIVIL PENALTIES.
16 27 The department of elder affairs, in cooperation with the
16 28 department of inspections and appeals, may establish by rule,
16 29 in accordance with chapter 17A, civil penalties for the
16 30 following violations by an assisted living program:
16 31 1. Noncompliance with any regulatory requirements which
16 32 presents an imminent danger or a substantial probability of
16 33 resultant death or physical harm to a tenant.
16 34 2. Following receipt of notice from the department of
16 35 inspections and appeals, continued failure or refusal to
17 1 comply within a prescribed time frame with regulatory
17 2 requirements that have a direct relationship to the health,
17 3 safety, or security of program tenants.
17 4 Sec. 26. NEW SECTION. 231C.16 CRIMINAL PENALTIES.
17 5 1. A person establishing, conducting, managing, or
17 6 operating any assisted living program without a certificate is
17 7 guilty of a serious misdemeanor. Each day of continuing
17 8 violation after conviction or notice from the department of
17 9 inspections and appeals by certified mail of a violation shall
17 10 be considered a separate offense or chargeable offense. A
17 11 person establishing, conducting, managing, or operating an
17 12 assisted living program without a certificate may be
17 13 temporarily or permanently restrained by a court of competent
17 14 jurisdiction from such activity in an action brought by the
17 15 state.
17 16 2. A person who prevents or interferes with or attempts to
17 17 impede in any way any duly authorized representative of the
17 18 department of inspections and appeals in the lawful
17 19 enforcement of this chapter or of the rules adopted pursuant
17 20 to this chapter is guilty of a simple misdemeanor. As used in
17 21 this subsection, lawful enforcement includes but is not
17 22 limited to:
17 23 a. Contacting or interviewing any tenant of an assisted
17 24 living program in private at any reasonable hour and without
17 25 advance notice.
17 26 b. Examining any relevant records of an assisted living
17 27 program.
17 28 c. Preserving evidence of any violation of this chapter or
17 29 of the rules adopted pursuant to this chapter.
17 30 Sec. 27. NEW SECTION. 231C.17 NURSING ASSISTANT AND
17 31 MEDICATION AIDE == CERTIFICATION.
17 32 The department of inspections and appeals, in cooperation
17 33 with other appropriate agencies, shall establish a procedure
17 34 to allow nursing assistants or medication aides to claim work
17 35 within an assisted living program as credit toward sustaining
18 1 the nursing assistant's or medication aide's certification.
18 2 Sec. 28. NEW SECTION. 231C.18 COORDINATION OF THE LONG=
18 3 TERM CARE SYSTEM == TRANSITIONAL PROVISIONS.
18 4 1. An elder group home certified under chapter 231B prior
18 5 to July 1, 2003, shall be exempt from the requirements of this
18 6 chapter. If an elder group home certified under chapter 231B
18 7 prior to July 1, 2003, seeks certification as an assisted
18 8 living program on or after July 1, 2003, the elder group home
18 9 shall be granted a conditional assisted living program
18 10 certification by the department of inspections and appeals for
18 11 a period of one year from the date the conditional certificate
18 12 is issued. At the end of the one=year period, the elder group
18 13 home shall meet the requirements of this chapter to receive
18 14 subsequent certification as an assisted living program.
18 15 2. A hospital licensed pursuant to chapter 135B or a
18 16 health care facility licensed pursuant to chapter 135C may
18 17 operate an assisted living program, located in a distinct part
18 18 of or separate structure under the control of the hospital or
18 19 health care facility, if certified pursuant to this chapter.
18 20 3. This chapter shall not be construed to require that a
18 21 facility licensed as a different type of facility also comply
18 22 with the requirements of this chapter, unless the facility is
18 23 represented to the public as a certified assisted living
18 24 program.
18 25 4. A certified assisted living program that complies with
18 26 the requirements of this chapter shall not be required to be
18 27 licensed as a health care facility pursuant to chapter 135C,
18 28 unless the facility is represented to the public as a licensed
18 29 health care facility.
18 30 Sec. 29. NEW SECTION. 231C.19 IOWA ASSISTED LIVING FEES.
18 31 The department of inspections and appeals shall collect and
18 32 retain assisted living program certification and related fees
18 33 as established by rule in accordance with chapter 17A. An
18 34 assisted living program that is certified by the department of
18 35 inspections and appeals on the basis of voluntary
19 1 accreditation by a recognized accrediting entity shall not be
19 2 subject to payment of the certification fee, but shall be
19 3 subject to an administrative fee as prescribed by rule. Fees
19 4 collected and retained pursuant to this section shall be
19 5 deposited into an assisted living program fund created in the
19 6 state treasury under the authority of the department of
19 7 inspections and appeals and are appropriated to the department
19 8 of inspections and appeals to carry out the purposes of this
19 9 chapter. Amounts deposited in the fund shall not be
19 10 transferred, used, obligated, appropriated, or otherwise
19 11 encumbered except as provided in this section.
19 12 Notwithstanding section 12C.7, subsection 2, interest or
19 13 earnings on moneys deposited into the fund shall be credited
19 14 to the fund. Notwithstanding section 8.33, amounts deposited
19 15 in the fund that remain unexpended or unencumbered at the
19 16 close of the fiscal year shall remain in the fund for
19 17 utilization as provided in this section for the following
19 18 fiscal year.
19 19 Sec. 30. Section 235B.3, subsection 2, paragraph d, Code
19 20 2003, is amended to read as follows:
19 21 d. A person who performs inspections of elder group homes
19 22 for the department of elder affairs inspections and appeals
19 23 and a resident advocate committee member assigned to an elder
19 24 group home pursuant to chapter 231B.
19 25 Sec. 31. Chapter 231A, Code 2003, is repealed.
19 26 Sec. 32. TRANSITION OF STAFF. All employees of the
19 27 department of elder affairs performing functions related to
19 28 certification and monitoring of or complaint investigations
19 29 related to assisted living programs as of June 30, 2003, shall
19 30 become employees of the department of inspections and appeals
19 31 without loss of classification, pay, or benefits, effective
19 32 July 1, 2003. All employees of the department of elder
19 33 affairs performing functions related to affordable assisted
19 34 living as of June 30, 2003, shall become employees of the Iowa
19 35 finance authority without loss of classification, pay, or
20 1 benefits, effective July 1, 2003.
20 2 EXPLANATION
20 3 This bill provides for regulation of elder group homes and
20 4 assisted living programs.
20 5 The bill provides for regulation of elder group homes by
20 6 the department of elder affairs in cooperation with the
20 7 department of inspections and appeals. The bill changes the
20 8 definition of elder group home to mean a single=family
20 9 residence operated by a person, rather than being the
20 10 residence of the person providing room, board, and personal
20 11 care to elders. The bill also provides that rather than being
20 12 owner=occupied or owned by a nonprofit corporation and
20 13 occupied by a resident manager, the elder group home is
20 14 required only to be staffed by an on=site manager 24 hours per
20 15 day, seven days per week. The bill also provides that the
20 16 provisions of the Code chapter apply only to elder group homes
20 17 certified by the department of elder affairs prior to July 1,
20 18 2003, and that applications for certification as an elder
20 19 group home are not to be accepted or approved on or after July
20 20 1, 2003.
20 21 The bill provides for regulation of assisted living
20 22 programs by directing the department of elder affairs, in
20 23 cooperation with the department of inspections and appeals, to
20 24 establish, by rule, a program for certification and monitoring
20 25 related to assisted living programs. The rules are to be
20 26 formulated in consultation with affected industry,
20 27 professional, and consumer groups. In addition to the rules,
20 28 interpretive guidelines are also to be issued. Each assisted
20 29 living program operating in the state is to be certified by
20 30 the department of inspections and appeals. If an assisted
20 31 living program is voluntarily accredited by a recognized
20 32 accrediting entity, the department of inspections and appeals
20 33 is to certify the program based upon the voluntary
20 34 accreditation. The bill provides specifically that if the
20 35 tenant is terminally ill and has elected to receive hospice
21 1 services under the federal Medicare program from a Medicare=
21 2 certified hospice program, the assisted living program and the
21 3 hospice program are to enter an agreement under which the
21 4 hospice program retains professional management responsibility
21 5 for those services.
21 6 The bill provides that the department of elder affairs in
21 7 cooperation with the department of inspections and appeals may
21 8 establish by administrative rule a special classification for
21 9 affordable assisted living programs. The bill also provides
21 10 that a department, agency, or officer of this state, or of any
21 11 political subdivision shall not pay or approve for payment
21 12 from public funds any amount to an assisted living program for
21 13 an actual or prospective tenant, unless the program holds a
21 14 current certificate and meets all requirements for
21 15 certification. The bill also directs the department of elder
21 16 affairs in cooperation with the department of inspections and
21 17 appeals to adopt rules regarding the conducting or operating
21 18 of another business or activity in the facility in which the
21 19 assisted living program is provided, if the business or
21 20 activity serves nontenants. The rules are to be developed in
21 21 consultation with affected industry, professional, and
21 22 consumer groups.
21 23 The bill specifies requirements for written occupancy
21 24 agreements and provides for retention of a tenant in an
21 25 assisted living facility, notwithstanding a determination by
21 26 the department of inspections and appeals that the tenant's
21 27 needs exceed the occupancy criteria established.
21 28 The bill provides for the filing and disposition of
21 29 complaints; provides for an informal review of contests to the
21 30 results of a monitoring evaluation or complaint investigation;
21 31 provides for public disclosure of the final findings with
21 32 respect to a monitoring evaluation or complaint investigation;
21 33 provides the bases for the denial, suspension, or revocation
21 34 of certification and for conditional operation of a program as
21 35 an alternative to denial, suspension, or revocation of
22 1 certification; provides for notice and hearings related to
22 2 denial, suspension, or revocation of certification; provides
22 3 for the notification of the department of inspections and
22 4 appeals of any casualties at an assisted living program;
22 5 prohibits retaliation by an assisted living program against a
22 6 tenant, tenant's family, or an employee of the program who has
22 7 initiated or participated in any proceeding under the Code
22 8 chapter; establishes civil and criminal penalties for certain
22 9 violations of the bill; provides for nursing assistants and
22 10 medication aides to claim work within assisted living programs
22 11 as credit toward their certification; provides transitional
22 12 provisions for long=term care providers including elder group
22 13 homes by making elder group homes exempt from the requirements
22 14 of the assisted living chapter and providing for conditional
22 15 certification of an elder group home as an assisted living
22 16 facility if the elder group home was certified as an elder
22 17 group home prior to July 1, 2003, and seeks certification as
22 18 an assisted living program on or after July 1, 2003. The bill
22 19 provides for collection and retaining of assisted living
22 20 program fees by the department of inspections and appeals and
22 21 provides that if an assisted living program is certified based
22 22 upon voluntary accreditation, the program is not subject to
22 23 payment of the certification fee but is subject to payment of
22 24 an administrative fee as prescribed by rule.
22 25 The bill provides for transition of staff used in the
22 26 regulation of assisted living programs by providing that
22 27 employees of the department of elder affairs who performed
22 28 functions related to certification and monitoring of or
22 29 complaint investigations related to assisted living programs
22 30 as of June 30, 2003, are to become employees of the department
22 31 of inspections and appeals without loss of classification,
22 32 pay, or benefits, effective July 1, 2003. Additionally, all
22 33 employees of the department of elder affairs performing
22 34 functions related to affordable assisted living as of June 30,
22 35 2003, are to become employees of the Iowa finance authority
23 1 without loss of classification, pay, or benefits, effective
23 2 July 1, 2003.
23 3 The bill also repeals Code chapter 231A, relating to elder
23 4 family homes.
23 5 LSB 2195HV 80
23 6 pf/sh/8