House
Study
Bill
55
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
HUMAN
RESOURCES
BILL
BY
CHAIRPERSON
MILLER)
A
BILL
FOR
An
Act
relating
to
exemptions
for
admission
or
retention
1
of
tenants
of
assisted
living
programs
who
do
not
meet
2
admission
or
retention
criteria.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
2142YC
(2)
84
pf/nh
H.F.
_____
Section
1.
Section
231C.3,
subsection
1,
Code
2011,
is
1
amended
by
adding
the
following
new
paragraph:
2
NEW
PARAGRAPH
.
e.
(1)
Provisions
granting
an
exemption
for
3
admission
to
or
discharge
of
a
tenant
from
an
assisted
living
4
program
who
does
not
meet
admission
or
retention
criteria
under
5
state
law,
if
all
of
the
following
conditions
are
met:
6
(a)
The
tenant,
or
tenant’s
legal
representative
with
the
7
approval
of
the
tenant’s
physician,
requests
and
the
assisted
8
living
program
consents
to
the
tenant’s
admission
or
retention.
9
(b)
The
assisted
living
program
demonstrates
the
capacity
10
to
provide,
obtain,
or
arrange
for
the
provision
of
necessary
11
services
for
the
tenant,
including
but
not
limited
to
home
12
health
care
or
Medicare-certified
hospice
program
care.
13
(c)
The
admission
or
retention
of
the
tenant
does
not
14
compromise
the
safety
of
the
tenant,
other
tenants,
or
staff.
15
(2)
An
assisted
living
program
requesting
the
exemption
16
shall
submit
a
plan
to
the
department
specifying
how
the
17
identified
additional
needs
of
the
tenant
will
be
safely
and
18
appropriately
met.
The
plan
shall
include,
at
a
minimum,
a
19
written
description
of
the
services,
staffing
levels,
staff
20
education,
training
and
work
experience,
and
environmental
21
modifications
required
to
guarantee
the
health,
safety,
22
and
welfare
of
the
tenant,
other
tenants,
and
staff
if
the
23
exemption
is
granted.
The
assisted
living
program
may
provide
24
additional
staffing
to
meet
the
specifications
of
the
plan
by
25
any
means
authorized
in
subsection
4,
as
applicable.
26
EXPLANATION
27
This
bill
directs
the
department
of
inspections
and
appeals
28
to
adopt
rules
to
provide
for
the
granting
of
an
exemption
for
29
admission
to
or
discharge
of
a
tenant
from
an
assisted
living
30
program
who
does
not
meet
admission
or
retention
criteria
under
31
state
law,
if
certain
conditions
are
met.
The
conditions
32
include:
the
tenant,
or
tenant’s
legal
representative
with
the
33
approval
of
the
tenant’s
physician,
requests
and
the
assisted
34
living
program
consents
to
the
tenant’s
admission
or
retention;
35
-1-
LSB
2142YC
(2)
84
pf/nh
1/
2
H.F.
_____
the
assisted
living
program
demonstrates
the
capacity
to
1
provide,
obtain,
or
arrange
for
the
provision
of
necessary
2
services
for
the
tenant;
and
the
admission
or
retention
of
3
the
tenant
does
not
compromise
the
health,
safety,
or
welfare
4
of
the
tenant,
other
tenants,
or
staff.
Additionally,
the
5
assisted
living
program
requesting
the
exemption
must
submit
a
6
plan
to
the
department
specifying
how
the
identified
additional
7
needs
of
the
tenant
will
be
safely
and
appropriately
met.
The
8
assisted
living
program
may
provide
additional
staffing
to
meet
9
the
specifications
of
the
plan
by
any
means
authorized
for
10
staffing
for
assisted
living
programs.
11
-2-
LSB
2142YC
(2)
84
pf/nh
2/
2