S.F. 465 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.2, Code 2011, is amended by adding the 31 following new subsection: 32 NEW SUBSECTION . 2A. “Assisted living program” or “program” 33 means an entity that provides assisted living. 34 Sec. 3. Section 231C.5, subsection 2, paragraph b, Code 35 -1- LSB 2086SV (2) 84 pf/nh 1/ 5

S.F. 465 2011, is amended to read as follows: 1 b. (1) A statement regarding the impact of the fee 2 structure on third-party payments, and whether third-party 3 payments and resources are accepted by the assisted living 4 program. 5 (2) The occupancy agreement shall specifically include a 6 statement regarding each of the following: 7 (a) Whether the program requires disclosure of a tenant’s 8 personal financial information for occupancy or continued 9 occupancy. 10 (b) The program’s policy regarding the continued tenancy of 11 a tenant following exhaustion of private resources. 12 (c) Contact information for the department of human 13 services and the senior health insurance information program to 14 assist tenants in accessing third-party payment sources. 15 Sec. 4. NEW SECTION . 231C.11A Voluntary cessation of 16 program operations —— decertification. 17 1. The department shall adopt rules regarding the voluntary 18 cessation of program operations of an assisted living 19 program, including decertification. The rules shall address 20 notification of the tenants, tenant legal representatives, the 21 department, and the tenant advocate at least ninety days prior 22 to the anticipated date of cessation of program operations; the 23 requirements for the safe and orderly transfer or transition of 24 all tenants; and monitoring of the program during the process 25 and after cessation of program operations. 26 2. Within seven days following provision of notice of 27 cessation of program operations, the assisted living program 28 shall hold a meeting and invite all tenants, tenant legal 29 representatives, families of tenants, representatives of the 30 department, and the tenant advocate to discuss the pending 31 cessation of the program and to answer any questions. The 32 department and the tenant advocate shall have access to attend 33 the meeting and provide information to the tenants regarding 34 their legal rights. 35 -2- LSB 2086SV (2) 84 pf/nh 2/ 5

S.F. 465 3. The tenant advocate shall monitor the decertification 1 process and shall undertake any investigations necessary to 2 ensure that the rights of tenants are protected during the 3 process and after cessation of program operations. The tenant 4 advocate shall assist tenants during the transition, including 5 assisting tenants in finding necessary and appropriate service 6 providers if the assisted living program is unable to provide 7 such necessary and appropriate services during the transition 8 period. The assisted living program shall cooperate with the 9 tenant advocate by providing contact information for service 10 providers within a thirty-mile radius of the program. 11 4. Following cessation of program operations and 12 decertification, the department shall retain authority to 13 monitor the decertified program to ensure that the entity does 14 not continue to act as an uncertified assisted living program 15 or other unlicensed, uncertified, or unregistered entity 16 otherwise regulated by the state following decertification. 17 If a decertified assisted living program continues to or 18 subsequently acts in a manner that meets the definition of 19 assisted living pursuant to section 231C.2, the decertified 20 program is subject to the criminal penalties and injunctive 21 relief provisions of section 231C.15, and any other penalties 22 applicable by law. 23 EXPLANATION 24 This bill relates to assisted living programs. 25 The bill provides that the definition of “assisted living” 26 includes any entity that meets the definition of assisted 27 living whether or not the entity represents itself to the 28 public as an assisted living program or as a certified assisted 29 living program, including an entity that decertifies a program 30 but continues to provide housing and continues to be or 31 subsequently becomes the sole provider of assistance with 32 instrumental activities of daily living, personal care, or 33 health-related care, by whatever means employed or contracted, 34 including through a subsidiary, parent, or related corporation. 35 -3- LSB 2086SV (2) 84 pf/nh 3/ 5

S.F. 465 The bill requires that certain information regarding 1 disclosure of a tenant’s personal financial information, and 2 policies regarding tenancy following exhaustion of private 3 resources, and contact information for assistance in accessing 4 third-party payment sources, is to be included in an occupancy 5 agreement. 6 The bill directs the department of inspections and 7 appeals to adopt rules regarding the voluntary cessation of 8 program operations of an assisted living program, including 9 decertification. The rules specifically are to address 10 notification of the tenants, tenant legal representatives, the 11 department, and the tenant advocate at least 90 days prior to 12 the anticipated date of cessation of program operations; the 13 requirements for the safe and orderly transfer or transition of 14 all tenants; and monitoring of the program during the process 15 and after cessation of program operations. The bill requires 16 that within seven days following provision of notice, the 17 assisted living program shall hold a meeting and invite all 18 tenants, tenant legal representatives, families of tenants, 19 representatives of the department, and the tenant advocate to 20 discuss the pending cessation of the program and to answer 21 any questions. The department and the tenant advocate are 22 authorized to have access to attend the meeting and provide 23 information to the tenants regarding their legal rights. 24 The bill directs that the tenant advocate shall monitor the 25 decertification process and shall undertake any investigations 26 necessary to ensure that the rights of tenants are protected 27 during the process and after cessation of program operations. 28 The tenant advocate is also to assist tenants in finding 29 necessary and appropriate services during the transition if the 30 program is unable to provide services during the transition. 31 The assisted living program is required to cooperate with the 32 tenant advocate by providing contact information for service 33 providers within a 30-mile radius of the program. 34 Following cessation of program operations and 35 -4- LSB 2086SV (2) 84 pf/nh 4/ 5

S.F. 465 decertification, the department is authorized to retain 1 authority to monitor the decertified program to ensure 2 that the entity does not continue to act as an uncertified 3 assisted living program or other unlicensed, uncertified, or 4 unregistered entity otherwise regulated by the state following 5 decertification. If a decertified assisted living program 6 continues to or subsequently acts in a manner that meets 7 the definition of assisted living, the decertified program 8 is subject to the criminal penalties and injunctive relief 9 provisions of Code section 231C.15, and any other penalties 10 applicable by law. 11 -5- LSB 2086SV (2) 84 pf/nh 5/ 5