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