House
File
2078
-
Introduced
HOUSE
FILE
2078
BY
ISENHART
A
BILL
FOR
An
Act
relating
to
certification
requirements
related
to
1
services
provided
by
an
assisted
living
program,
and
2
including
effective
date
and
retroactive
applicability
3
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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2078
Section
1.
Section
231C.3,
subsection
4,
paragraph
a,
Code
1
Supplement
2009,
is
amended
to
read
as
follows:
2
a.
Services
provided
by
a
certified
assisted
living
program
3
may
be
provided
directly
by
a
person
who
is
staff
of
the
4
assisted
living
program,
by
individuals
a
person
contracting
5
with
the
assisted
living
program
to
provide
services,
or
by
6
individuals
a
person
employed
by
the
tenant
or
with
whom
7
the
tenant
contracts
if
the
tenant
agrees
to
assume
the
8
responsibility
and
risk
of
the
employment
or
the
contractual
9
relationship.
For
the
purposes
of
specifying
the
entity
10
providing
services
under
this
section,
“person”
means
person
11
as
defined
in
section
4.1
and
includes
a
corporate
parent,
12
subsidiary,
or
affiliate
of
an
assisted
living
program.
13
Sec.
2.
Section
231C.3,
subsection
4,
Code
Supplement
2009,
14
is
amended
by
adding
the
following
new
paragraph:
15
NEW
PARAGRAPH
.
c.
Certification
of
an
assisted
living
16
program
shall
require
that
an
assisted
living
program
is
17
prohibited
from
ceasing
operation
as
an
assisted
living
program
18
if
the
program
provides
or
continues
to
provide
services
which
19
meet
the
definition
of
assisted
living
under
this
chapter
by
a
20
person
as
specified
in
paragraph
“a”
.
This
prohibition
shall
21
apply
to
any
entity
in
this
state
that
meets
the
definition
of
22
assisted
living
program
on
or
after
July
1,
2009.
23
Sec.
3.
EFFECTIVE
UPON
ENACTMENT
AND
RETROACTIVE
24
APPLICABILITY.
This
Act,
being
deemed
of
immediate
importance,
25
takes
effect
upon
enactment
and
applies
retroactively
to
July
26
1,
2009.
27
EXPLANATION
28
This
bill
relates
to
the
services
provided
by
an
assisted
29
living
program.
The
bill
provides
that
services
provided
30
by
a
certified
assisted
living
program
may
be
provided
by
31
persons
as
specified
in
the
bill
and
defines
“person”
to
32
mean
person
as
defined
in
Code
section
4.1,
which
means
an
33
individual,
corporation,
limited
liability
company,
government
34
or
governmental
subdivision
or
agency,
business
trust,
estate,
35
-1-
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H.F.
2078
trust,
partnership
or
association,
or
any
other
legal
entity
1
and
for
the
purposes
of
the
bill
specifically
includes
any
2
corporate
parent,
subsidiary,
or
affiliate
of
an
assisted
3
living
program.
4
The
bill
also
provides
that
certification
of
an
assisted
5
living
program
requires
that
an
assisted
living
program
is
6
prohibited
from
ceasing
operation
as
an
assisted
living
program
7
if
the
program
provides
or
continues
to
provide
services
which
8
meet
the
definition
of
assisted
living
under
the
Code
chapter
9
by
a
person
as
specified
under
the
bill.
The
prohibition
10
applies
to
any
entity
in
this
state
that
meets
the
definition
11
of
assisted
living
program
on
or
after
July
1,
2009.
12
The
bill
takes
effect
upon
enactment
and
is
retroactively
13
applicable
to
July
1,
2009.
14
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