H.F. 537 Section 1. Section 231C.2, subsection 2, Code 2011, is 1 amended to read as follows: 2 2. a. “Assisted living” means provision of housing 3 with services which may include but are not limited to 4 health-related care, personal care, and assistance with 5 instrumental activities of daily living to three or more 6 tenants in a physical structure which provides a homelike 7 environment. 8 b. “Assisted living” also includes encouragement of family 9 involvement, tenant self-direction, and tenant participation 10 in decisions that emphasize choice, dignity, privacy, 11 individuality, shared risk, and independence. 12 c. “Assisted living” includes the provision of housing and 13 assistance with instrumental activities of daily living only if 14 personal care or health-related care is also included. 15 d. “Assisted living” includes twenty-four hours per 16 day response staff to meet scheduled and unscheduled or 17 unpredictable needs in a manner that promotes maximum dignity 18 and independence and provides supervision, safety, and 19 security. 20 e. “Assisted living” includes any entity that meets the 21 definition of assisted living under this subsection, whether 22 or not the entity represents the entity to the public as an 23 assisted living program or as a certified assisted living 24 program, including an entity that decertifies a program 25 but continues to provide housing and continues to be or 26 subsequently becomes the sole provider of assistance with 27 instrumental activities of daily living, personal care, or 28 health-related care, by whatever means employed or contracted, 29 including through a subsidiary, parent, or related corporation. 30 Sec. 2. NEW SECTION . 231C.11A Voluntary cessation of 31 program operations —— decertification. 32 1. The department shall adopt rules regarding the voluntary 33 cessation of program operations of an assisted living 34 program, including decertification. The rules shall address 35 -1- LSB 2086HV (2) 84 pf/nh 1/ 4

H.F. 537 notification of the tenants, tenant legal representatives, the 1 department, and the tenant advocate at least ninety days prior 2 to the anticipated date of cessation of program operations; the 3 requirements for the safe and orderly transfer or transition of 4 all tenants; and monitoring of the program during the process 5 and after cessation of program operations. 6 2. Within seven days following provision of notice of 7 cessation of program operations, the assisted living program 8 shall hold a meeting and invite all tenants, tenant legal 9 representatives, families of tenants, representatives of the 10 department, and the tenant advocate to discuss the pending 11 cessation of the program and to answer any questions. The 12 department and the tenant advocate shall have access to attend 13 the meeting and provide information to the tenants regarding 14 their legal rights. 15 3. The tenant advocate shall monitor the decertification 16 process and shall undertake any investigations necessary to 17 ensure that the rights of tenants are protected during the 18 process and after cessation of program operations. The tenant 19 advocate shall assist tenants during the transition, including 20 assisting tenants in finding necessary and appropriate service 21 providers if the assisted living program is unable to provide 22 such necessary and appropriate services during the transition 23 period. The assisted living program shall cooperate with the 24 tenant advocate by providing contact information for service 25 providers within a thirty mile radius of the program. 26 4. Following cessation of program operations and 27 decertification, the department shall retain authority to 28 monitor the decertified program to ensure that the entity does 29 not continue to act as an uncertified assisted living program 30 or other unlicensed, uncertified, or unregistered entity 31 otherwise regulated by the state following decertification. 32 If a decertified assisted living program continues to or 33 subsequently acts in a manner that meets the definition of 34 assisted living pursuant to section 231C.2, the decertified 35 -2- LSB 2086HV (2) 84 pf/nh 2/ 4

H.F. 537 program is subject to the criminal penalties and injunctive 1 relief provisions of section 231C.15, and any other penalties 2 applicable by law. 3 EXPLANATION 4 This bill relates to assisted living programs. 5 The bill provides that the definition of “assisted living” 6 includes any entity that meets the definition of assisted 7 living whether or not the entity represents itself to the 8 public as an assisted living program or as a certified assisted 9 living program, including an entity that decertifies a program 10 but continues to provide housing and continues to be or 11 subsequently becomes the sole provider of assistance with 12 instrumental activities of daily living, personal care, or 13 health-related care, by whatever means employed or contracted, 14 including through a subsidiary, parent, or related corporation. 15 The bill directs the department of inspections and 16 appeals to adopt rules regarding the voluntary cessation of 17 program operations of an assisted living program, including 18 decertification. The rules specifically are to address 19 notification of the tenants, tenant legal representatives, the 20 department, and the tenant advocate at least 90 days prior to 21 the anticipated date of cessation of program operations; the 22 requirements for the safe and orderly transfer or transition of 23 all tenants; and monitoring of the program during the process 24 and after cessation of program operations. The bill requires 25 that within seven days following provision of notice, the 26 assisted living program shall hold a meeting and invite all 27 tenants, tenant legal representatives, families of tenants, 28 representatives of the department, and the tenant advocate to 29 discuss the pending cessation of the program and to answer 30 any questions. The department and the tenant advocate are 31 authorized to have access to attend the meeting and provide 32 information to the tenants regarding their legal rights. 33 The bill directs that the tenant advocate shall monitor the 34 decertification process and shall undertake any investigations 35 -3- LSB 2086HV (2) 84 pf/nh 3/ 4

H.F. 537 necessary to ensure that the rights of tenants are protected 1 during the process and after cessation of program operations. 2 The tenant advocate is also to assist tenants in finding 3 necessary and appropriate services during the transition if the 4 program is unable to provide services during the transition. 5 The assisted living program is required to cooperate with the 6 tenant advocate by providing contact information for service 7 providers within a 30-mile radius of the program. 8 Following cessation of program operations and 9 decertification, the department is authorized to retain 10 authority to monitor the decertified program to ensure 11 that the entity does not continue to act as an uncertified 12 assisted living program or other unlicensed, uncertified, or 13 unregistered entity otherwise regulated by the state following 14 decertification. If a decertified assisted living program 15 continues to or subsequently acts in a manner that meets 16 the definition of assisted living, the decertified program 17 is subject to the criminal penalties and injunctive relief 18 provisions of Code section 231C.15, and any other penalties 19 applicable by law. 20 -4- LSB 2086HV (2) 84 pf/nh 4/ 4