House File 915 - Introduced



                                       HOUSE FILE       
                                       BY  McCARTHY and RANTS


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act transferring regulatory control of elder group homes,
  2    assisted living homes, and adult day services from the
  3    department of elder affairs to the department of inspections
  4    and appeals.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 TLSB 2885HH 82
  7 ak/es/88

PAG LIN



  1  1    Section 1.  Section 231B.1, subsection 1, Code 2007, is
  1  2 amended to read as follows:
  1  3    1.  "Department" means the department of elder affairs
  1  4 inspections and appeals or the department's designee.
  1  5    Sec. 2.  Section 231B.1A, subsection 3, Code 2007, is
  1  6 amended by striking the subsection.
  1  7    Sec. 3.  Section 231B.2, subsection 1, unnumbered paragraph
  1  8 1, Code 2007, is amended to read as follows:
  1  9    The department shall establish by rule, in accordance with
  1 10 chapter 17A, minimum standards for certification and
  1 11 monitoring of elder group homes.  The department may adopt by
  1 12 reference, with or without amendment, nationally recognized
  1 13 standards and rules for elder group homes.  The standards and
  1 14 rules shall be formulated in consultation with the department
  1 15 of inspections and appeals affected state agencies and
  1 16 affected industry, professional, and consumer groups,; shall
  1 17 be designed to accomplish the purposes of this chapter,; and
  1 18 shall include but not be limited to rules relating to all of
  1 19 the following:
  1 20    Sec. 4.  Section 231B.2, subsection 1, paragraph b, Code
  1 21 2007, is amended to read as follows:
  1 22    b.  Requirements that elder group homes furnish the
  1 23 department of elder affairs and the department of inspections
  1 24 and appeals with specified information necessary to administer
  1 25 this chapter.  All information related to the provider
  1 26 application for an elder group home presented to either the
  1 27 department of inspections and appeals or the department of
  1 28 elder affairs shall be considered a public record pursuant to
  1 29 chapter 22.
  1 30    Sec. 5.  Section 231B.2, subsection 2, Code 2007, is
  1 31 amended to read as follows:
  1 32    2.  Each elder group home operating in this state shall be
  1 33 certified by the department of inspections and appeals.
  1 34    Sec. 6.  Section 231B.2, subsection 5, unnumbered paragraph
  1 35 1, Code 2007, is amended to read as follows:
  2  1    The department of inspections and appeals may enter into
  2  2 contracts to provide certification and monitoring of elder
  2  3 group homes.  The department of inspections and appeals shall:
  2  4    Sec. 7.  Section 231B.2, subsection 6, 7, 9, and 10, Code
  2  5 2007, are amended to read as follows:
  2  6    6.  A department, agency, or officer of this state or of
  2  7 any governmental unit shall not pay or approve for payment
  2  8 from public funds any amount to an elder group home for an
  2  9 actual or prospective tenant, unless the program holds a
  2 10 current certificate issued by the department of inspections
  2 11 and appeals and meets all current requirements for
  2 12 certification.
  2 13    7.  The department shall adopt rules regarding the
  2 14 conducting or operating of another business or activity in the
  2 15 distinct part of the physical structure in which the elder
  2 16 group home is operated, if the business or activity serves
  2 17 persons who are not tenants.  The rules shall be developed in
  2 18 consultation with the department of inspections and appeals
  2 19 affected state agencies and affected industry, professional,
  2 20 and consumer groups.
  2 21    9.  The department of elder affairs and the department of
  2 22 inspections and appeals shall conduct joint training sessions
  2 23 for personnel responsible for conducting monitoring
  2 24 evaluations and complaint investigations of elder group homes.
  2 25    10.  Certification shall be for two years unless revoked
  2 26 for good cause by the department of inspections and appeals.
  2 27    Sec. 8.  Section 231B.3, subsection 2, Code 2007, is
  2 28 amended to read as follows:
  2 29    2.  A person who has knowledge that an elder group home is
  2 30 operating without certification shall report the name and
  2 31 address of the home to the department of inspections and
  2 32 appeals.  The department of inspections and appeals shall
  2 33 investigate a report made pursuant to this section.
  2 34    Sec. 9.  Section 231B.4, Code 2007, is amended to read as
  2 35 follows:
  3  1    231B.4  ZONING == FIRE AND SAFETY STANDARDS.
  3  2    An elder group home shall be located in an area zoned for
  3  3 single=family or multiple=family housing or in an
  3  4 unincorporated area and shall be constructed in compliance
  3  5 with applicable local housing codes and the rules adopted for
  3  6 the special classification by the state fire marshal.  In the
  3  7 absence of local building codes, the facility shall comply
  3  8 with the state plumbing code established pursuant to section
  3  9 135.11 and the state building code established pursuant to
  3 10 section 103A.7 and the rules adopted for the special
  3 11 classification by the state fire marshal.  The rules adopted
  3 12 for the special classification by the state fire marshal
  3 13 regarding second floor occupancy shall be adopted in
  3 14 consultation with the department of elder affairs and shall
  3 15 take into consideration the mobility of the tenants.
  3 16    Sec. 10.  Section 231B.5, subsection 3, Code 2007, is
  3 17 amended to read as follows:
  3 18    3.  Occupancy agreements and related documents executed by
  3 19 each tenant or tenant's legal representative shall be
  3 20 maintained by the elder group home from the date of execution
  3 21 until three years from the date the occupancy agreement is
  3 22 terminated.  A copy of the most current occupancy agreement
  3 23 shall be provided to members of the general public, upon
  3 24 request.  Occupancy agreements and related documents shall be
  3 25 made available for on=site inspection to the department of
  3 26 inspections and appeals upon request and at reasonable times.
  3 27    Sec. 11.  Section 231B.6, subsection 1, unnumbered
  3 28 paragraph 1, Code 2007, is amended to read as follows:
  3 29    If an elder group home initiates the involuntary transfer
  3 30 of a tenant and the action is not a result of a monitoring
  3 31 evaluation or complaint investigation by the department of
  3 32 inspections and appeals, and if the tenant or tenant's legal
  3 33 representative contests the transfer, the following procedure
  3 34 shall apply:
  3 35    Sec. 12.  Section 231B.6, subsection 2, Code 2007, is
  4  1 amended to read as follows:
  4  2    2.  The department, in consultation with the department of
  4  3 inspections and appeals affected state agencies and affected
  4  4 industry, professional, and consumer groups, shall establish
  4  5 by rule, in accordance with chapter 17A, procedures to be
  4  6 followed, including the opportunity for hearing, when the
  4  7 transfer of a tenant results from a monitoring evaluation or
  4  8 complaint investigation conducted by the department of
  4  9 inspections and appeals.
  4 10    Sec. 13.  Section 231B.7, Code 2007, is amended to read as
  4 11 follows:
  4 12    231B.7  COMPLAINTS.
  4 13    1.  Any person with concerns regarding the operations or
  4 14 service delivery of an elder group home may file a complaint
  4 15 with the department of inspections and appeals.  The name of
  4 16 the person who files a complaint with the department of
  4 17 inspections and appeals and any personal identifying
  4 18 information of the person or any tenant identified in the
  4 19 complaint shall be kept confidential and shall not be subject
  4 20 to discovery, subpoena, or other means of legal compulsion for
  4 21 its release to a person other than department of inspections
  4 22 and appeals' employees involved with the complaint.
  4 23    2.  The department, in cooperation with the department of
  4 24 inspections and appeals, shall establish procedures for the
  4 25 disposition of complaints received in accordance with this
  4 26 section.
  4 27    Sec. 14.  Section 231B.8, Code 2007, is amended to read as
  4 28 follows:
  4 29    231B.8  INFORMAL REVIEW.
  4 30    1.  If an elder group home contests the findings of
  4 31 regulatory insufficiencies of a monitoring evaluation or
  4 32 complaint investigation, the program shall submit written
  4 33 information, demonstrating that the program was in compliance
  4 34 with the applicable requirement at the time of the monitoring
  4 35 evaluation or complaint investigation of the regulatory
  5  1 insufficiencies, to the department of inspections and appeals
  5  2 for review.
  5  3    2.  The department of inspections and appeals shall review
  5  4 the written information submitted within ten working days of
  5  5 the receipt of the information.  At the conclusion of the
  5  6 review, the department of inspections and appeals may affirm,
  5  7 modify, or dismiss the regulatory insufficiencies.  The
  5  8 department of inspections and appeals shall notify the program
  5  9 in writing of the decision to affirm, modify, or dismiss the
  5 10 regulatory insufficiencies, and the reasons for the decision.
  5 11    3.  In the case of a complaint investigation, the
  5 12 department of inspections and appeals shall also notify the
  5 13 complainant, if known, of the decision and the reasons for the
  5 14 decision.
  5 15    Sec. 15.  Section 231B.9, Code 2007, is amended to read as
  5 16 follows:
  5 17    231B.9  PUBLIC DISCLOSURE OF FINDINGS.
  5 18    Upon completion of a monitoring evaluation or complaint
  5 19 investigation of an elder group home by the department of
  5 20 inspections and appeals pursuant to this chapter, including
  5 21 the conclusion of all administrative appeals processes, the
  5 22 department of inspections and appeals' department's final
  5 23 findings with respect to compliance by the elder group home
  5 24 with requirements for certification shall be made available to
  5 25 the public in a readily available form and place.  Other
  5 26 information relating to an elder group home that is obtained
  5 27 by the department of inspections and appeals which does not
  5 28 constitute the department of inspections and appeals'
  5 29 department's final findings from a monitoring evaluation or
  5 30 complaint investigation of the elder group home shall be made
  5 31 available to the department of elder affairs upon request to
  5 32 facilitate policy decisions, but shall not be made available
  5 33 to the public except in proceedings involving the denial,
  5 34 suspension, or revocation of a certificate under this chapter.
  5 35    Sec. 16.  Section 231B.10, subsection 1, unnumbered
  6  1 paragraph 1, Code 2007, is amended to read as follows:
  6  2    The department of inspections and appeals may deny,
  6  3 suspend, or revoke a certificate in any case where the
  6  4 department of inspections and appeals finds that there has
  6  5 been a substantial or repeated failure on the part of the
  6  6 elder group home to comply with this chapter or minimum
  6  7 standards adopted under this chapter or for any of the
  6  8 following reasons:
  6  9    Sec. 17.  Section 231B.10, subsection 2, Code 2007, is
  6 10 amended to read as follows:
  6 11    2.  The department of inspections and appeals may as an
  6 12 alternative to denial, suspension, or revocation conditionally
  6 13 issue or continue a certificate dependent upon the performance
  6 14 by the elder group home of reasonable conditions within a
  6 15 reasonable period of time as set by the department of
  6 16 inspections and appeals so as to permit the program to
  6 17 commence or continue the operation of the elder group home
  6 18 pending full compliance with this chapter or the rules adopted
  6 19 pursuant to this chapter.  If the elder group home does not
  6 20 make diligent efforts to comply with the conditions
  6 21 prescribed, the department of inspections and appeals may,
  6 22 under the proceedings prescribed by this chapter, deny,
  6 23 suspend, or revoke the certificate.  An elder group home shall
  6 24 not be operated on a conditional certificate for more than one
  6 25 year.
  6 26    Sec. 18.  Section 231B.11, Code 2007, is amended to read as
  6 27 follows:
  6 28    231B.11  NOTICE == APPEAL == EMERGENCY PROVISIONS.
  6 29    1.  The denial, suspension, or revocation of a certificate
  6 30 shall be effected by delivering to the applicant or
  6 31 certificate holder by restricted certified mail or by personal
  6 32 service a notice setting forth the particular reasons for such
  6 33 action.  Such denial, suspension, or revocation shall become
  6 34 effective thirty days after the mailing or service of the
  6 35 notice, unless the applicant or certificate holder, within
  7  1 such thirty=day period, requests a hearing, in writing, of the
  7  2 department of inspections and appeals, in which case the
  7  3 notice shall be deemed to be suspended.
  7  4    2.  The denial, suspension, or revocation of a certificate
  7  5 may be appealed in accordance with rules adopted by the
  7  6 department of inspections and appeals in accordance with
  7  7 chapter 17A.
  7  8    3.  When the department of inspections and appeals finds
  7  9 that an imminent danger to the health or safety of a tenant of
  7 10 an elder group home exists which requires action on an
  7 11 emergency basis, the department of inspections and appeals may
  7 12 direct removal of all tenants of the elder group home and
  7 13 suspend the certificate prior to a hearing.
  7 14    Sec. 19.  Section 231B.12, Code 2007, is amended to read as
  7 15 follows:
  7 16    231B.12  DEPARTMENT NOTIFIED OF CASUALTIES.
  7 17    The department of inspections and appeals shall be notified
  7 18 within twenty=four hours, by the most expeditious means
  7 19 available, of any accident causing substantial injury or death
  7 20 to a tenant, and any substantial fire or natural or other
  7 21 disaster occurring at or near an elder group home.
  7 22    Sec. 20.  Section 231B.13, Code 2007, is amended to read as
  7 23 follows:
  7 24    231B.13  RETALIATION BY ELDER GROUP HOME PROHIBITED.
  7 25    An elder group home shall not discriminate or retaliate in
  7 26 any way against a tenant, a tenant's family, or an employee of
  7 27 the elder group home who has initiated or participated in any
  7 28 proceeding authorized by this chapter.  An elder group home
  7 29 that violates this section is subject to a penalty as
  7 30 established by administrative rule in accordance with chapter
  7 31 17A, to be assessed and collected by the department of
  7 32 inspections and appeals, paid into the state treasury, and
  7 33 credited to the general fund of the state.
  7 34    Sec. 21.  Section 231B.14, subsection 2, Code 2007, is
  7 35 amended to read as follows:
  8  1    2.  Following receipt of notice from the department of
  8  2 inspections and appeals, continued failure or refusal to
  8  3 comply within a prescribed time frame with regulatory
  8  4 requirements that have a direct relationship to the health,
  8  5 safety, or security of elder group home tenants.
  8  6    Sec. 22.  Section 231B.14, subsection 3, unnumbered
  8  7 paragraph 1, Code 2007, is amended to read as follows:
  8  8    Preventing or interfering with or attempting to impede in
  8  9 any way any duly authorized representative of the department
  8 10 of inspections and appeals in the lawful enforcement of this
  8 11 chapter or of the rules adopted pursuant to this chapter.  As
  8 12 used in this subsection, "lawful enforcement" includes but is
  8 13 not limited to:
  8 14    Sec. 23.  Section 231B.15, Code 2007, is amended to read as
  8 15 follows:
  8 16    231B.15  CRIMINAL PENALTIES AND INJUNCTIVE RELIEF.
  8 17    A person establishing, conducting, managing, or operating
  8 18 an elder group home without a certificate is guilty of a
  8 19 serious misdemeanor.  Each day of continuing violation after
  8 20 conviction or notice from the department of inspections and
  8 21 appeals by certified mail of a violation shall be considered a
  8 22 separate offense.  A person establishing, conducting,
  8 23 managing, or operating an elder group home without a
  8 24 certificate may be temporarily or permanently restrained by a
  8 25 court of competent jurisdiction from such activity in an
  8 26 action brought by the state.
  8 27    Sec. 24.  Section 231B.17, subsection 1, Code 2007, is
  8 28 amended to read as follows:
  8 29    1.  The department of inspections and appeals shall collect
  8 30 elder group home certification and related fees.  Fees
  8 31 collected and retained pursuant to this section shall be
  8 32 deposited in the general fund of the state.
  8 33    Sec. 25.  Section 231B.20, Code 2007, is amended to read as
  8 34 follows:
  8 35    231B.20  NURSING ASSISTANT AND MEDICATION AIDE ==
  9  1 CERTIFICATION.
  9  2    The department of inspections and appeals, in cooperation
  9  3 with other appropriate agencies, shall establish a procedure
  9  4 to allow nursing assistants or medication aides to claim work
  9  5 within an elder group home as credit toward sustaining the
  9  6 nursing assistant's or medication aide's certification.
  9  7    Sec. 26.  Section 231C.1, subsection 3, Code 2007, is
  9  8 amended by striking the subsection and inserting in lieu
  9  9 thereof the following:
  9 10    3.  It is the intent of the general assembly that the
  9 11 department promote a social model for assisted living programs
  9 12 and a consultative process to assist with compliance by
  9 13 assisted living programs.
  9 14    Sec. 27.  Section 231C.2, subsection 3, Code 2007, is
  9 15 amended to read as follows:
  9 16    3.  "Department" means the department of elder affairs
  9 17 created in chapter 231 inspections and appeals or the
  9 18 department's designee.
  9 19    Sec. 28.  Section 231C.3, subsection 1, unnumbered
  9 20 paragraph 1, Code 2007, is amended to read as follows:
  9 21    The department shall establish by rule in accordance with
  9 22 chapter 17A minimum standards for certification and monitoring
  9 23 of assisted living programs.  The department may adopt by
  9 24 reference with or without amendment, nationally recognized
  9 25 standards and rules for assisted living programs.  The rules
  9 26 shall include specification of recognized accrediting entities
  9 27 and provisions related to dementia=specific programs.  The
  9 28 standards and rules shall be formulated in consultation with
  9 29 the department of inspections and appeals affected state
  9 30 agencies and affected industry, professional, and consumer
  9 31 groups,; shall be designed to accomplish the purposes of this
  9 32 chapter,; and shall include but are not limited to rules
  9 33 relating to all of the following:
  9 34    Sec. 29.  Section 231C.3, subsection 1, paragraph b, Code
  9 35 2007, is amended to read as follows:
 10  1    b.  Requirements that assisted living programs furnish the
 10  2 department of elder affairs and the department of inspections
 10  3 and appeals with specified information necessary to administer
 10  4 this chapter.  All information related to a provider
 10  5 application for an assisted living program submitted to either
 10  6 the department of elder affairs or the department of
 10  7 inspections and appeals shall be considered a public record
 10  8 pursuant to chapter 22.
 10  9    Sec. 30.  Section 231C.3, subsection 2, Code 2007, is
 10 10 amended to read as follows:
 10 11    2.  Each assisted living program operating in this state
 10 12 shall be certified by the department of inspections and
 10 13 appeals.  If an assisted living program is voluntarily
 10 14 accredited by a recognized accrediting entity, the department
 10 15 of inspections and appeals shall certify the assisted living
 10 16 program on the basis of the voluntary accreditation.  An
 10 17 assisted living program that is certified by the department of
 10 18 inspections and appeals on the basis of voluntary
 10 19 accreditation shall not be subject to payment of the
 10 20 certification fee prescribed in section 231C.18, but shall be
 10 21 subject to an administrative fee as prescribed by rule.  An
 10 22 assisted living program certified under this section is exempt
 10 23 from the requirements of section 135.63 relating to
 10 24 certificate of need requirements.
 10 25    Sec. 31.  Section 231C.3, subsection 5, unnumbered
 10 26 paragraph 1, Code 2007, is amended to read as follows:
 10 27    The department of inspections and appeals may enter into
 10 28 contracts to provide certification and monitoring of assisted
 10 29 living programs.  The department of inspections and appeals
 10 30 shall:
 10 31    Sec. 32.  Section 231C.3, subsections 6, 7, 8, 10, and 11,
 10 32 Code 2007, are amended to read as follows:
 10 33    6.  The department may also establish by rule in accordance
 10 34 with chapter 17A minimum standards for subsidized and
 10 35 dementia=specific assisted living programs.  The rules shall
 11  1 be formulated in consultation with the department of
 11  2 inspections and appeals affected state agencies and affected
 11  3 industry, professional, and consumer groups.
 11  4    7.  A department, agency, or officer of this state or of
 11  5 any governmental unit shall not pay or approve for payment
 11  6 from public funds any amount to an assisted living program for
 11  7 an actual or prospective tenant, unless the program holds a
 11  8 current certificate issued by the department of inspections
 11  9 and appeals and meets all current requirements for
 11 10 certification.
 11 11    8.  The department shall adopt rules regarding the
 11 12 conducting or operating of another business or activity in the
 11 13 distinct part of the physical structure in which the assisted
 11 14 living program is provided, if the business or activity serves
 11 15 nontenants.  The rules shall be developed in consultation with
 11 16 the department of inspections and appeals affected state
 11 17 agencies and affected industry, professional, and consumer
 11 18 groups.
 11 19    10.  The department of elder affairs and the department of
 11 20 inspections and appeals shall conduct joint training sessions
 11 21 for personnel responsible for conducting monitoring
 11 22 evaluations and complaint investigations of assisted living
 11 23 programs.
 11 24    11.  Certification of an assisted living program shall be
 11 25 for two years unless certification is revoked for good cause
 11 26 by the department of inspections and appeals.
 11 27    Sec. 33.  Section 231C.4, Code 2007, is amended to read as
 11 28 follows:
 11 29    231C.4  FIRE AND SAFETY STANDARDS.
 11 30    The state fire marshal shall adopt rules, in coordination
 11 31 with the department of elder affairs and the department of
 11 32 inspections and appeals, relating to the certification and
 11 33 monitoring of the fire and safety standards of certified
 11 34 assisted living programs.
 11 35    Sec. 34.  Section 231C.5, subsection 3, Code 2007, is
 12  1 amended to read as follows:
 12  2    3.  Occupancy agreements and related documents executed by
 12  3 each tenant or the tenant's legal representative shall be
 12  4 maintained by the assisted living program in program files
 12  5 from the date of execution until three years from the date the
 12  6 occupancy agreement is terminated.  A copy of the most current
 12  7 occupancy agreement shall be provided to members of the
 12  8 general public, upon request.  Occupancy agreements and
 12  9 related documents shall be made available for on=site
 12 10 inspection to the department of inspections and appeals upon
 12 11 request and at reasonable times.
 12 12    Sec. 35.  Section 231C.6, subsection 1, unnumbered
 12 13 paragraph 1, Code 2007, is amended to read as follows:
 12 14    If an assisted living program initiates the involuntary
 12 15 transfer of a tenant and the action is not a result of a
 12 16 monitoring evaluation or complaint investigation by the
 12 17 department of inspections and appeals, and if the tenant or
 12 18 the tenant's legal representative contests the transfer, the
 12 19 following procedure shall apply:
 12 20    Sec. 36.  Section 231C.6, subsection 2, Code 2007, is
 12 21 amended to read as follows:
 12 22    2.  The department, in consultation with the department of
 12 23 inspections and appeals affected state agencies and affected
 12 24 industry, professional, and consumer groups, shall establish,
 12 25 by rule in accordance with chapter 17A, procedures to be
 12 26 followed, including the opportunity for hearing, when the
 12 27 transfer of a tenant results from a monitoring evaluation or
 12 28 complaint investigation conducted by the department of
 12 29 inspections and appeals.
 12 30    Sec. 37.  Section 231C.7, Code 2007, is amended to read as
 12 31 follows:
 12 32    231C.7  COMPLAINTS.
 12 33    1.  Any person with concerns regarding the operations or
 12 34 service delivery of an assisted living program may file a
 12 35 complaint with the department of inspections and appeals.  The
 13  1 name of the person who files a complaint with the department
 13  2 of inspections and appeals and any personal identifying
 13  3 information of the person or any tenant identified in the
 13  4 complaint shall be kept confidential and shall not be subject
 13  5 to discovery, subpoena, or other means of legal compulsion for
 13  6 its release to a person other than department of inspections
 13  7 and appeals' employees involved with the complaint.
 13  8    2.  The department, in cooperation with the department of
 13  9 inspections and appeals, shall establish procedures for the
 13 10 disposition of complaints received in accordance with this
 13 11 section.
 13 12    Sec. 38.  Section 231C.8, Code 2007, is amended to read as
 13 13 follows:
 13 14    231C.8  INFORMAL REVIEW.
 13 15    1.  If an assisted living program contests the regulatory
 13 16 insufficiencies of a monitoring evaluation or complaint
 13 17 investigation, the program shall submit written information,
 13 18 demonstrating that the program was in compliance with the
 13 19 applicable requirement at the time of the monitoring
 13 20 evaluation or complaint investigation, in support of the
 13 21 contesting of the regulatory insufficiencies, to the
 13 22 department of inspections and appeals for review.
 13 23    2.  The department of inspections and appeals shall review
 13 24 the written information submitted within ten working days of
 13 25 the receipt of the information.  At the conclusion of the
 13 26 review, the department of inspections and appeals may affirm,
 13 27 modify, or dismiss the regulatory insufficiencies.  The
 13 28 department of inspections and appeals shall notify the program
 13 29 in writing of the decision to affirm, modify, or dismiss the
 13 30 regulatory insufficiencies, and the reasons for the decision.
 13 31    3.  In the case of a complaint investigation, the
 13 32 department of inspections and appeals shall also notify the
 13 33 complainant, if known, of the decision and the reasons for the
 13 34 decision.
 13 35    Sec. 39.  Section 231C.9, Code 2007, is amended to read as
 14  1 follows:
 14  2    231C.9  PUBLIC DISCLOSURE OF FINDINGS.
 14  3    Upon completion of a monitoring evaluation or complaint
 14  4 investigation of an assisted living program by the department
 14  5 of inspections and appeals pursuant to this chapter, including
 14  6 the conclusion of all administrative appeals processes, the
 14  7 department of inspections and appeals' department's final
 14  8 findings with respect to compliance by the assisted living
 14  9 program with requirements for certification shall be made
 14 10 available to the public in a readily available form and place.
 14 11 Other information relating to an assisted living program that
 14 12 is obtained by the department of inspections and appeals which
 14 13 does not constitute the department of inspections and appeals'
 14 14 department's final findings from a monitoring evaluation or
 14 15 complaint investigation of the assisted living program shall
 14 16 be made available to the department of elder affairs upon
 14 17 request in order to facilitate policy decisions, but shall not
 14 18 be made available to the public except in proceedings
 14 19 involving the denial, suspension, or revocation of a
 14 20 certificate under this chapter.
 14 21    Sec. 40.  Section 231C.10, subsection 1, unnumbered
 14 22 paragraph 1, Code 2007, is amended to read as follows:
 14 23    The department of inspections and appeals may deny,
 14 24 suspend, or revoke a certificate in any case where the
 14 25 department of inspections and appeals finds that there has
 14 26 been a substantial or repeated failure on the part of the
 14 27 assisted living program to comply with this chapter or the
 14 28 rules, or minimum standards adopted under this chapter, or for
 14 29 any of the following reasons:
 14 30    Sec. 41.  Section 231C.10, subsection 2, Code 2007, is
 14 31 amended to read as follows:
 14 32    2.  The department of inspections and appeals may as an
 14 33 alternative to denial, suspension, or revocation conditionally
 14 34 issue or continue a certificate dependent upon the performance
 14 35 by the assisted living program of reasonable conditions within
 15  1 a reasonable period of time as set by the department of
 15  2 inspections and appeals so as to permit the program to
 15  3 commence or continue the operation of the program pending full
 15  4 compliance with this chapter or the rules adopted pursuant to
 15  5 this chapter.  If the assisted living program does not make
 15  6 diligent efforts to comply with the conditions prescribed, the
 15  7 department of inspections and appeals may, under the
 15  8 proceedings prescribed by this chapter, suspend, or revoke the
 15  9 certificate.  An assisted living program shall not be operated
 15 10 on a conditional certificate for more than one year.
 15 11    Sec. 42.  Section 231C.11, Code 2007, is amended to read as
 15 12 follows:
 15 13    231C.11  NOTICE == APPEAL == EMERGENCY PROVISIONS.
 15 14    1.  The denial, suspension, or revocation of a certificate
 15 15 shall be effected by delivering to the applicant or
 15 16 certificate holder by restricted certified mail or by personal
 15 17 service a notice setting forth the particular reasons for such
 15 18 action.  Such denial, suspension, or revocation shall become
 15 19 effective thirty days after the mailing or service of the
 15 20 notice, unless the applicant or certificate holder, within
 15 21 such thirty=day period, requests a hearing, in writing, of the
 15 22 department of inspections and appeals, in which case the
 15 23 notice shall be deemed to be suspended.
 15 24    2.  The denial, suspension, or revocation of a certificate
 15 25 may be appealed in accordance with rules adopted by the
 15 26 department of inspections and appeals in accordance with
 15 27 chapter 17A.
 15 28    3.  When the department of inspections and appeals finds
 15 29 that an imminent danger to the health or safety of tenants of
 15 30 an assisted living program exists which requires action on an
 15 31 emergency basis, the department of inspections and appeals may
 15 32 direct removal of all tenants of an assisted living program
 15 33 and suspend the certificate prior to a hearing.
 15 34    Sec. 43.  Section 231C.12, Code 2007, is amended to read as
 15 35 follows:
 16  1    231C.12  DEPARTMENT NOTIFIED OF CASUALTIES.
 16  2    The department of inspections and appeals shall be notified
 16  3 within twenty=four hours, by the most expeditious means
 16  4 available, of any accident causing substantial injury or
 16  5 death, and any substantial fire or natural or other disaster
 16  6 occurring at or near an assisted living program.
 16  7    Sec. 44.  Section 231C.13, Code 2007, is amended to read as
 16  8 follows:
 16  9    231C.13  RETALIATION BY ASSISTED LIVING PROGRAM PROHIBITED.
 16 10    An assisted living program shall not discriminate or
 16 11 retaliate in any way against a tenant, tenant's family, or an
 16 12 employee of the program who has initiated or participated in
 16 13 any proceeding authorized by this chapter.  An assisted living
 16 14 program that violates this section is subject to a penalty as
 16 15 established by administrative rule in accordance with chapter
 16 16 17A, to be assessed and collected by the department of
 16 17 inspections and appeals, paid into the state treasury, and
 16 18 credited to the general fund of the state.
 16 19    Sec. 45.  Section 231C.14, subsection 2, Code 2007, is
 16 20 amended to read as follows:
 16 21    2.  Following receipt of notice from the department of
 16 22 inspections and appeals, continued failure or refusal to
 16 23 comply within a prescribed time frame with regulatory
 16 24 requirements that have a direct relationship to the health,
 16 25 safety, or security of program tenants.
 16 26    Sec. 46.  Section 231C.14, subsection 3, unnumbered
 16 27 paragraph 1, Code 2007, is amended to read as follows:
 16 28    Preventing or interfering with or attempting to impede in
 16 29 any way any duly authorized representative of the department
 16 30 of inspections and appeals in the lawful enforcement of this
 16 31 chapter or of the rules adopted pursuant to this chapter.  As
 16 32 used in this subsection, "lawful enforcement" includes but is
 16 33 not limited to:
 16 34    Sec. 47.  Section 231C.15, Code 2007, is amended to read as
 16 35 follows:
 17  1    231C.15  CRIMINAL PENALTIES AND INJUNCTIVE RELIEF.
 17  2    A person establishing, conducting, managing, or operating
 17  3 any assisted living program without a certificate is guilty of
 17  4 a serious misdemeanor.  Each day of continuing violation after
 17  5 conviction or notice from the department of inspections and
 17  6 appeals by certified mail of a violation shall be considered a
 17  7 separate offense or chargeable offense.  A person
 17  8 establishing, conducting, managing, or operating an assisted
 17  9 living program without a certificate may be temporarily or
 17 10 permanently restrained by a court of competent jurisdiction
 17 11 from such activity in an action brought by the state.
 17 12    Sec. 48.  Section 231C.16, Code 2007, is amended to read as
 17 13 follows:
 17 14    231C.16  NURSING ASSISTANT AND MEDICATION AIDE ==
 17 15 CERTIFICATION.
 17 16    The department of inspections and appeals, in cooperation
 17 17 with other appropriate agencies, shall establish a procedure
 17 18 to allow nursing assistants or medication aides to claim work
 17 19 within an assisted living program as credit toward sustaining
 17 20 the nursing assistant's or medication aide's certification.
 17 21    Sec. 49.  Section 231C.18, subsection 1, Code 2007, is
 17 22 amended to read as follows:
 17 23    1.  The department of inspections and appeals shall collect
 17 24 assisted living program certification and related fees.  An
 17 25 assisted living program that is certified by the department of
 17 26 inspections and appeals on the basis of voluntary
 17 27 accreditation by a recognized accrediting entity shall not be
 17 28 subject to payment of the certification fee, but shall be
 17 29 subject to an administrative fee as prescribed by rule.  Fees
 17 30 collected and retained pursuant to this section shall be
 17 31 deposited in the general fund of the state.
 17 32    Sec. 50.  Section 231D.1, subsection 3, Code 2007, is
 17 33 amended to read as follows:
 17 34    3.  "Department" means the department of elder affairs
 17 35 created in chapter 231 inspections and appeals.
 18  1    Sec. 51.  Section 231D.2, subsection 2, Code 2007, is
 18  2 amended by striking the subsection.
 18  3    Sec. 52.  Section 231D.2, subsections 3 and 4, Code 2007,
 18  4 are amended to read as follows:
 18  5    3.  The department shall establish, by rule in accordance
 18  6 with chapter 17A, a program for certification and monitoring
 18  7 of and complaint investigations related to adult day services
 18  8 programs.  The department, in establishing minimum standards
 18  9 for adult day services programs, may adopt by rule in
 18 10 accordance with chapter 17A, nationally recognized standards
 18 11 for adult day services programs.  The rules shall include
 18 12 specification of recognized accrediting entities.  The rules
 18 13 shall include a requirement that sufficient staffing be
 18 14 available at all times to fully meet a participant's
 18 15 identified needs.  The rules shall include a requirement that
 18 16 no fewer than two staff persons who monitor participants as
 18 17 indicated in each participant's service plan shall be awake
 18 18 and on duty during the hours of operation when two or more
 18 19 participants are present.  The rules and minimum standards
 18 20 adopted shall be formulated in consultation with the
 18 21 department of inspections and appeals affected state agencies
 18 22 and affected industry, professional, and consumer groups and
 18 23 shall be designed to accomplish the purpose of this chapter.
 18 24    4.  The department may establish by administrative rule, in
 18 25 accordance with chapter 17A, specific rules related to minimum
 18 26 standards for dementia=specific adult day services programs.
 18 27 The rules shall be formulated in consultation with the
 18 28 department of inspections and appeals affected state agencies
 18 29 and affected industry, professional, and consumer groups.
 18 30    Sec. 53.  Section 231D.3, subsections 1, 3, 4, 5, 6, and 7,
 18 31 Code 2007, are amended to read as follows:
 18 32    1.  A person or governmental unit acting severally or
 18 33 jointly with any other person or governmental unit shall not
 18 34 establish or operate an adult day services program and shall
 18 35 not represent an adult day services program to the public as
 19  1 certified unless and until the program is certified pursuant
 19  2 to this chapter.  If an adult day services program is
 19  3 voluntarily accredited by a recognized accrediting entity with
 19  4 specific adult day services standards, the department of
 19  5 inspections and appeals shall accept voluntary accreditation
 19  6 as the basis for certification by the department.  The owner
 19  7 or manager of a certified adult day services program shall
 19  8 comply with the rules adopted by the department for an adult
 19  9 day services program.
 19 10    3.  An adult day services program that has been certified
 19 11 by the department of inspections and appeals shall not alter
 19 12 the program, operation, or adult day services for which the
 19 13 program is certified in a manner that affects continuing
 19 14 certification without prior approval of the department of
 19 15 inspections and appeals.  The department of inspections and
 19 16 appeals shall specify, by rule, alterations that are subject
 19 17 to prior approval.
 19 18    4.  A department, agency, or officer of this state or of
 19 19 any governmental unit shall not pay or approve for payment
 19 20 from public funds any amount to an adult day services program
 19 21 for an actual or prospective participant, unless the program
 19 22 holds a current certificate issued by the department of
 19 23 inspections and appeals and meets all current requirements for
 19 24 certification.
 19 25    5.  The department shall adopt rules regarding the
 19 26 conducting or operating of another business or activity in the
 19 27 distinct part of the physical structure in which the adult day
 19 28 services program is provided, if the business or activity
 19 29 serves persons who are not participants.  The rules shall be
 19 30 developed in consultation with the department of inspections
 19 31 and appeals affected state agencies and affected industry,
 19 32 professional, and consumer groups.
 19 33    6.  The department of elder affairs and the department of
 19 34 inspections and appeals shall conduct joint training sessions
 19 35 for personnel responsible for conducting monitoring
 20  1 evaluations and complaint investigations of adult day services
 20  2 programs.
 20  3    7.  Certification of an adult day services program shall be
 20  4 for two years unless revoked for good cause by the department
 20  5 of inspections and appeals.
 20  6    Sec. 54.  Section 231D.4, subsection 1, Code 2007, is
 20  7 amended to read as follows:
 20  8    1.  Certificates for adult day services programs shall be
 20  9 obtained from the department of inspections and appeals.
 20 10 Applications shall be upon such forms and shall include such
 20 11 information as the department of inspections and appeals may
 20 12 reasonably require, which may include affirmative evidence of
 20 13 compliance with applicable statutes and local ordinances.
 20 14 Each application for certification shall be accompanied by the
 20 15 appropriate fee.
 20 16    Sec. 55.  Section 231D.4, subsection 2, paragraph a, Code
 20 17 2007, is amended to read as follows:
 20 18    a.  The department of inspections and appeals shall collect
 20 19 adult day services certification fees.  The fees shall be
 20 20 deposited in the general fund of the state.
 20 21    Sec. 56.  Section 231D.5, subsection 1, unnumbered
 20 22 paragraph 1, Code 2007, is amended to read as follows:
 20 23    The department of inspections and appeals may deny,
 20 24 suspend, or revoke certification if the department of
 20 25 inspections and appeals finds that there has been a
 20 26 substantial or repeated failure on the part of the adult day
 20 27 services program to comply with this chapter or the rules or
 20 28 minimum standards adopted pursuant to this chapter, or for any
 20 29 of the following reasons:
 20 30    Sec. 57.  Section 231D.5, subsection 3, Code 2007, is
 20 31 amended to read as follows:
 20 32    3.  In the case of a certificate applicant or existing
 20 33 certificate holder which is an entity other than an
 20 34 individual, the department of inspections and appeals may
 20 35 deny, suspend, or revoke a certificate if any individual who
 21  1 is in a position of control or is an officer of the entity
 21  2 engages in any act or omission proscribed by this section.
 21  3    Sec. 58.  Section 231D.6, Code 2007, is amended to read as
 21  4 follows:
 21  5    231D.6  NOTICE == APPEAL == EMERGENCY PROVISIONS.
 21  6    1.  The denial, suspension, or revocation of a certificate
 21  7 shall be effected by delivering to the applicant or
 21  8 certificate holder by restricted certified mail or by personal
 21  9 service a notice setting forth the particular reasons for the
 21 10 action.  The denial, suspension, or revocation shall become
 21 11 effective thirty days after the mailing or service of the
 21 12 notice, unless the applicant or certificate holder, within the
 21 13 thirty=day period, requests a hearing, in writing, of the
 21 14 department of inspections and appeals, in which case the
 21 15 notice shall be deemed to be suspended.
 21 16    2.  The denial, suspension, or revocation of a certificate
 21 17 may be appealed in accordance with rules adopted by the
 21 18 department of inspections and appeals in accordance with
 21 19 chapter 17A.
 21 20    3.  When the department of inspections and appeals finds
 21 21 that an immediate danger to the health or safety of
 21 22 participants in an adult day services program exists which
 21 23 requires action on an emergency basis, the department of
 21 24 inspections and appeals may direct the removal of all
 21 25 participants in the adult day services program and suspend the
 21 26 certificate prior to a hearing.
 21 27    Sec. 59.  Section 231D.7, Code 2007, is amended to read as
 21 28 follows:
 21 29    231D.7  CONDITIONAL OPERATION.
 21 30    The department of inspections and appeals may, as an
 21 31 alternative to denial, suspension, or revocation of
 21 32 certification under section 231D.5, conditionally issue or
 21 33 continue certification dependent upon the performance by the
 21 34 adult day services program of reasonable conditions within a
 21 35 reasonable period of time as prescribed by the department of
 22  1 inspections and appeals so as to permit the program to
 22  2 commence or continue the operation of the program pending full
 22  3 compliance with this chapter or the rules adopted pursuant to
 22  4 this chapter.  If the adult day services program does not make
 22  5 diligent efforts to comply with the conditions prescribed, the
 22  6 department of inspections and appeals may, under the
 22  7 proceedings prescribed by this chapter, suspend or revoke the
 22  8 certificate.  An adult day services program shall not be
 22  9 operated under conditional certification for more than one
 22 10 year.
 22 11    Sec. 60.  Section 231D.8, Code 2007, is amended to read as
 22 12 follows:
 22 13    231D.8  DEPARTMENT NOTIFIED OF CASUALTIES.
 22 14    The department of inspections and appeals shall be notified
 22 15 within twenty=four hours, by the most expeditious means
 22 16 available, of any accident causing substantial injury or
 22 17 death, and any substantial fire or natural or other disaster
 22 18 occurring at or near an adult day services program.
 22 19    Sec. 61.  Section 231D.9, Code 2007, is amended to read as
 22 20 follows:
 22 21    231D.9  COMPLAINTS AND CONFIDENTIALITY.
 22 22    1.  A person with concerns regarding the operations or
 22 23 service delivery of an adult day services program may file a
 22 24 complaint with the department of inspections and appeals.  The
 22 25 name of the person who files a complaint with the department
 22 26 of inspections and appeals and any personal identifying
 22 27 information of the person or any participant identified in the
 22 28 complaint shall be kept confidential and shall not be subject
 22 29 to discovery, subpoena, or other means of legal compulsion for
 22 30 its release to a person other than employees of the department
 22 31 of inspections and appeals involved in the investigation of
 22 32 the complaint.
 22 33    2.  The department, in cooperation with the department of
 22 34 inspections and appeals, shall establish procedures for the
 22 35 disposition of complaints received in accordance with this
 23  1 section.
 23  2    Sec. 62.  Section 231D.9A, Code 2007, is amended to read as
 23  3 follows:
 23  4    231D.9A  INFORMAL REVIEW.
 23  5    1.  If an adult day services program contests the findings
 23  6 of regulatory insufficiencies of a monitoring evaluation or
 23  7 complaint investigation, the program shall submit written
 23  8 information, demonstrating that the program was in compliance
 23  9 with the applicable requirement at the time of the monitoring
 23 10 evaluation or complaint investigation, to the department of
 23 11 inspections and appeals for review.
 23 12    2.  The department of inspections and appeals shall review
 23 13 the written information submitted within ten working days of
 23 14 the receipt of the information.  At the conclusion of the
 23 15 review, the department of inspections and appeals may affirm,
 23 16 modify, or dismiss the regulatory insufficiencies.  The
 23 17 department of inspections and appeals shall notify the program
 23 18 in writing of the decision to affirm, modify, or dismiss the
 23 19 regulatory insufficiencies, and the reasons for the decision.
 23 20    3.  In the case of a complaint investigation, the
 23 21 department of inspections and appeals shall also notify the
 23 22 complainant, if known, of the decision and the reasons for the
 23 23 decision.
 23 24    Sec. 63.  Section 231D.10, Code 2007, is amended to read as
 23 25 follows:
 23 26    231D.10  PUBLIC DISCLOSURE OF FINDINGS.
 23 27    Upon completion of a monitoring evaluation or complaint
 23 28 investigation of an adult day services program by the
 23 29 department of inspections and appeals pursuant to this
 23 30 chapter, including the conclusion of all administrative
 23 31 appeals processes, the department's final findings with
 23 32 respect to compliance by the adult day services program with
 23 33 requirements for certification shall be made available to the
 23 34 public in a readily available form and place.  Other
 23 35 information relating to an adult day services program that is
 24  1 obtained by the department of inspections and appeals which
 24  2 does not constitute the department's final findings from a
 24  3 monitoring evaluation or complaint investigation of the adult
 24  4 day services program shall be made available to the department
 24  5 upon request to facilitate policy decisions, but shall not be
 24  6 made available to the public except in proceedings involving
 24  7 the denial, suspension, or revocation of a certificate under
 24  8 this chapter.
 24  9    Sec. 64.  Section 231D.11, subsection 1, Code 2007, is
 24 10 amended to read as follows:
 24 11    1.  A person establishing, conducting, managing, or
 24 12 operating an adult day services program without a certificate
 24 13 is guilty of a serious misdemeanor.  Each day of continuing
 24 14 violation after conviction or notice from the department of
 24 15 inspections and appeals by certified mail of a violation shall
 24 16 be considered a separate offense or chargeable offense.  A
 24 17 person establishing, conducting, managing, or operating an
 24 18 adult day services program without a certificate may be
 24 19 temporarily or permanently restrained by a court of competent
 24 20 jurisdiction from such activity in an action brought by the
 24 21 state.
 24 22    Sec. 65.  Section 231D.11, subsection 2, paragraph c,
 24 23 unnumbered paragraph 1, Code 2007, is amended to read as
 24 24 follows:
 24 25    Preventing or interfering with or attempting to impede in
 24 26 any way any duly authorized representative of the department
 24 27 of inspections and appeals in the lawful enforcement of this
 24 28 chapter or of the rules adopted pursuant to this chapter.  As
 24 29 used in this paragraph, "lawful enforcement" includes but is
 24 30 not limited to:
 24 31    Sec. 66.  Section 231D.12, Code 2007, is amended to read as
 24 32 follows:
 24 33    231D.12  RETALIATION BY ADULT DAY SERVICES PROGRAM
 24 34 PROHIBITED.
 24 35    1.  An adult day services program shall not discriminate or
 25  1 retaliate in any way against a participant, participant's
 25  2 family, or an employee of the program who has initiated or
 25  3 participated in any proceeding authorized by this chapter.  An
 25  4 adult day services program that violates this section is
 25  5 subject to a penalty as established by administrative rule, to
 25  6 be assessed and collected by the department of inspections and
 25  7 appeals, paid into the state treasury, and credited to the
 25  8 general fund of the state.
 25  9    2.  Any attempt to discharge a participant from an adult
 25 10 day services program by whom or upon whose behalf a complaint
 25 11 has been submitted to the department of inspections and
 25 12 appeals under section 231D.9, within ninety days after the
 25 13 filing of the complaint or the conclusion of any proceeding
 25 14 resulting from the complaint, shall raise a rebuttable
 25 15 presumption that the action was taken by the program in
 25 16 retaliation for the filing of the complaint, except in
 25 17 situations in which the participant is discharged due to
 25 18 changes in health status which exceed the level of care
 25 19 offered by the adult day services program or in other
 25 20 situations as specified by rule.
 25 21    Sec. 67.  Section 231D.13, Code 2007, is amended to read as
 25 22 follows:
 25 23    231D.13  NURSING ASSISTANT AND MEDICATION AIDE ==
 25 24 CERTIFICATION.
 25 25    The department of inspections and appeals, in cooperation
 25 26 with other appropriate agencies, shall establish a procedure
 25 27 to allow nursing assistants or medication aides to claim work
 25 28 within adult day services programs as credit toward sustaining
 25 29 the nursing assistant's or medication aide's certification.
 25 30    Sec. 68.  Section 231D.15, Code 2007, is amended to read as
 25 31 follows:
 25 32    231D.15  FIRE AND SAFETY STANDARDS.
 25 33    The state fire marshal shall adopt rules, in coordination
 25 34 with the department of elder affairs and the department of
 25 35 inspections and appeals, relating to the certification and
 26  1 monitoring of the fire and safety standards of adult day
 26  2 services programs.
 26  3    Sec. 69.  Section 231D.17, subsection 3, Code 2007, is
 26  4 amended to read as follows:
 26  5    3.  Written contractual agreements and related documents
 26  6 executed by each participant or participant's legal
 26  7 representative shall be maintained by the adult day services
 26  8 program in program files from the date of execution until
 26  9 three years from the date the written contractual agreement is
 26 10 terminated.  A copy of the most current written contractual
 26 11 agreement shall be provided to members of the general public,
 26 12 upon request.  Written contractual agreements and related
 26 13 documents shall be made available for on=site inspection to
 26 14 the department of inspections and appeals upon request and at
 26 15 reasonable times.
 26 16    Sec. 70.  Section 231D.18, subsection 1, unnumbered
 26 17 paragraph 1, Code 2007, is amended to read as follows:
 26 18    If an adult day services program initiates the involuntary
 26 19 transfer of a participant and the action is not a result of a
 26 20 monitoring evaluation or complaint investigation by the
 26 21 department of inspections and appeals, and if the participant
 26 22 or participant's legal representative contests the transfer,
 26 23 the following procedure shall apply:
 26 24    Sec. 71.  Section 231D.18, subsection 2, Code 2007, is
 26 25 amended to read as follows:
 26 26    2.  The department, in consultation with the department of
 26 27 inspections and appeals affected state agencies and affected
 26 28 industry, professional, and consumer groups, shall establish
 26 29 by rule, in accordance with chapter 17A, procedures to be
 26 30 followed, including the opportunity for hearing, when the
 26 31 transfer of a participant results from a monitoring evaluation
 26 32 or complaint investigation conducted by the department of
 26 33 inspections and appeals.
 26 34    Sec. 72.  ADMINISTRATIVE RULES == TRANSITION PROVISIONS.
 26 35    1.  Any rule, regulation, form, order, or directive
 27  1 promulgated by the department of elder affairs and in effect
 27  2 on the effective date of this Act shall continue in full force
 27  3 and effect until amended, repealed, or supplemented by
 27  4 affirmative action of the department of inspections and
 27  5 appeals under the duties and powers of the department of
 27  6 inspections and appeals as established in this Act and under
 27  7 the procedure established in subsection 2.
 27  8    Any license, certification, or permit issued by the
 27  9 department of elder affairs and in effect on the effective
 27 10 date of this Act shall continue in full force and effect until
 27 11 expiration or renewal.
 27 12    2.  In regard to updating references and format in the Iowa
 27 13 administrative code in order to correspond to the
 27 14 restructuring of state government as established in this Act,
 27 15 the administrative rules coordinator and the administrative
 27 16 rules review committee, in consultation with the
 27 17 administrative code editor, shall jointly develop a schedule
 27 18 for the necessary updating of the Iowa administrative code.
 27 19                           EXPLANATION
 27 20    This bill provides the department of inspections and
 27 21 appeals with regulatory control of elder group homes, assisted
 27 22 living programs, and adult day services for licensing and
 27 23 monitoring purposes.  The bill eliminates regulatory control
 27 24 over such programs and facilities by the department of elder
 27 25 affairs.  The bill also provide transitional provisions for
 27 26 administrative rules.
 27 27 LSB 2885HH 82
 27 28 ak:nh/es/88.1