House Study Bill 54 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON HUMAN RESOURCES BILL BY CHAIRPERSON MILLER) A BILL FOR An Act relating to voluntary cessation of program operations 1 and decertification of assisted living programs, and 2 providing penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2086YC (2) 84 pf/nh

H.F. _____ 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. Section 231C.3, subsection 4, paragraph a, Code 31 2011, is amended to read as follows: 32 a. Services provided by a certified assisted living program 33 may be provided directly by staff of the assisted living 34 program, by individuals contracting with the assisted living 35 -1- LSB 2086YC (2) 84 pf/nh 1/ 5

H.F. _____ program to provide services, or by individuals employed by 1 the tenant or with whom the tenant contracts if the tenant 2 agrees to assume the responsibility and risk of the employment 3 or the contractual relationship. Any provider of services 4 for an assisted living program, by whatever means employed 5 or contracted, shall be subject to oversight and regulation 6 applicable to staffing of an assisted living program. 7 Sec. 3. NEW SECTION . 231C.11A Voluntary cessation of 8 program operations —— decertification. 9 1. The department shall adopt rules regarding the voluntary 10 cessation of program operations of an assisted living 11 program, including decertification. The rules shall address 12 notification of the tenants, tenant legal representatives, the 13 department, and the tenant advocate at least ninety days prior 14 to the anticipated date of cessation of program operations; the 15 requirements for the safe and orderly transfer or transition of 16 all tenants; and monitoring of the program during the process 17 and after cessation of program operations. 18 2. Within seven days following provision of notice of 19 cessation of program operations, the assisted living program 20 shall hold a meeting and invite all tenants, tenant legal 21 representatives, families of tenants, representatives of the 22 department, and the tenant advocate to discuss the pending 23 cessation of the program and to answer any questions. The 24 department and the tenant advocate shall have access to attend 25 the meeting and provide information to the tenants regarding 26 their legal rights. 27 3. The tenant advocate shall monitor the decertification 28 process and shall undertake any investigations necessary to 29 ensure that the rights of tenants are protected during the 30 process and after cessation of program operations. The tenant 31 advocate shall assist tenants during the transition, including 32 assisting tenants in finding necessary and appropriate service 33 providers if the assisted living program is unable to provide 34 such necessary and appropriate services during the transition 35 -2- LSB 2086YC (2) 84 pf/nh 2/ 5

H.F. _____ period. Under such circumstances, the assisted living program 1 shall cooperate with the tenant advocate by providing contact 2 information for service providers within a thirty mile radius 3 of the program. 4 4. Following cessation of program operations and 5 decertification, the department shall retain authority to 6 monitor the decertified program to ensure that the entity does 7 not continue to act as an uncertified assisted living program 8 or other unlicensed, uncertified, or unregistered entity 9 otherwise regulated by the state following decertification. 10 If a decertified assisted living program continues to or 11 subsequently acts in a manner that meets the definition of 12 assisted living pursuant to section 231C.2, the decertified 13 program is subject to the criminal penalties and injunctive 14 relief provisions of section 231C.15, and any other penalties 15 applicable by law. 16 EXPLANATION 17 This bill relates to assisted living programs. 18 The bill provides that the definition of “assisted living” 19 includes any entity that meets the definition of assisted 20 living whether or not the entity represents itself to the 21 public as an assisted living program or as a certified assisted 22 living program, including an entity that decertifies a program 23 but continues to provide housing and continues to be or 24 subsequently becomes the sole provider of assistance with 25 instrumental activities of daily living, personal care, or 26 health-related care, by whatever means employed or contracted, 27 including through a subsidiary, parent, or related corporation. 28 The bill also provides that any provider of services for 29 an assisted living program, by whatever means employed or 30 contracted, is subject to oversight and regulation applicable 31 to staffing of an assisted living program. 32 The bill directs the department of inspections and 33 appeals to adopt rules regarding the voluntary cessation of 34 program operations of an assisted living program, including 35 -3- LSB 2086YC (2) 84 pf/nh 3/ 5

H.F. _____ decertification. The rules specifically are to address 1 notification of the tenants, tenant legal representatives, the 2 department, and the tenant advocate at least 90 days prior to 3 the anticipated date of cessation of program operations; the 4 requirements for the safe and orderly transfer or transition of 5 all tenants; and monitoring of the program during the process 6 and after cessation of program operations. The bill requires 7 that within seven days following provision of notice, the 8 assisted living program shall hold a meeting and invite all 9 tenants, tenant legal representatives, families of tenants, 10 representatives of the department, and the tenant advocate to 11 discuss the pending cessation of the program and to answer 12 any questions. The department and the tenant advocate are 13 authorized to have access to attend the meeting and provide 14 information to the tenants regarding their legal rights. 15 The bill directs that the tenant advocate shall monitor the 16 decertification process and shall undertake any investigations 17 necessary to ensure that the rights of tenants are protected 18 during the process and after cessation of program operations. 19 The tenant advocate is also to assist tenants in finding 20 necessary and appropriate services during the transition if the 21 program is unable to provide services during the transition. 22 The assisted living program is required to cooperate with the 23 tenant advocate by providing contact information for service 24 providers within a 30-mile radius of the program. 25 Following cessation of program operations and 26 decertification, the department is authorized to retain 27 authority to monitor the decertified program to ensure 28 that the entity does not continue to act as an uncertified 29 assisted living program or other unlicensed, uncertified, or 30 unregistered entity otherwise regulated by the state following 31 decertification. If a decertified assisted living program 32 continues to or subsequently acts in a manner that meets 33 the definition of assisted living, the decertified program 34 is subject to the criminal penalties and injunctive relief 35 -4- LSB 2086YC (2) 84 pf/nh 4/ 5

H.F. _____ provisions of Code section 231C.15, and any other penalties 1 applicable by law. 2 -5- LSB 2086YC (2) 84 pf/nh 5/ 5