SENATE FILE _____

BY  (PROPOSED COMMITTEE ON HUMAN RESOURCES BILL BY CHAIRPERSON RAGAN)

A BILL FOR

An Act relating to assisted living programs, including voluntary cessation of program operations and decertification, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  Section 231C.2, subsection 2, Code 2011, is amended to read as follows:
   2.
  a.  “Assisted living” means provision of housing with services which may include but are not limited to health-related care, personal care, and assistance with instrumental activities of daily living to three or more tenants in a physical structure which provides a homelike environment.
   b.  “Assisted living” also includes encouragement of family involvement, tenant self-direction, and tenant participation in decisions that emphasize choice, dignity, privacy, individuality, shared risk, and independence.
   c.  “Assisted living” includes the provision of housing and assistance with instrumental activities of daily living only if personal care or health-related care is also included.
   d.  “Assisted living” includes twenty-four hours per day response staff to meet scheduled and unscheduled or unpredictable needs in a manner that promotes maximum dignity and independence and provides supervision, safety, and security.
   e.  “Assisted living” includes any entity that meets the definition of assisted living under this subsection, whether or not the entity represents the entity to the public as an assisted living program or as a certified assisted living program, including an entity that decertifies a program but continues to provide housing and continues to be or subsequently becomes the sole provider of assistance with instrumental activities of daily living, personal care, or health-related care, by whatever means employed or contracted, including through a subsidiary, parent, or related corporation.
   Sec. 2.  NEW SECTION.  231C.11A  Voluntary cessation of program operations —— decertification.
   1.  The department shall adopt rules regarding the voluntary cessation of program operations of an assisted living program, including decertification. The rules shall address notification of the tenants, tenant legal representatives, the department, and the tenant advocate at least ninety days prior to the anticipated date of cessation of program operations; the requirements for the safe and orderly transfer or transition of all tenants; and monitoring of the program during the process and after cessation of program operations.
   2.  Within seven days following provision of notice of cessation of program operations, the assisted living program shall hold a meeting and invite all tenants, tenant legal representatives, families of tenants, representatives of the department, and the tenant advocate to discuss the pending cessation of the program and to answer any questions. The department and the tenant advocate shall have access to attend the meeting and provide information to the tenants regarding their legal rights.
   3.  The tenant advocate shall monitor the decertification process and shall undertake any investigations necessary to ensure that the rights of tenants are protected during the process and after cessation of program operations. The tenant advocate shall assist tenants during the transition, including assisting tenants in finding necessary and appropriate service providers if the assisted living program is unable to provide such necessary and appropriate services during the transition period. Under such circumstances, the assisted living program shall cooperate with the tenant advocate by providing contact information for service providers within a thirty mile radius of the program.
   4.  Following cessation of program operations and decertification, the department shall retain authority to monitor the decertified program to ensure that the entity does not continue to act as an uncertified assisted living program or other unlicensed, uncertified, or unregistered entity otherwise regulated by the state following decertification. If a decertified assisted living program continues to or subsequently acts in a manner that meets the definition of assisted living pursuant to section 231C.2, the decertified program is subject to the criminal penalties and injunctive relief provisions of section 231C.15, and any other penalties applicable by law.
EXPLANATION
   This bill relates to assisted living programs.
   The bill provides that the definition of “assisted living” includes any entity that meets the definition of assisted living whether or not the entity represents itself to the public as an assisted living program or as a certified assisted living program, including an entity that decertifies a program but continues to provide housing and continues to be or subsequently becomes the sole provider of assistance with instrumental activities of daily living, personal care, or health-related care, by whatever means employed or contracted, including through a subsidiary, parent, or related corporation.
   The bill directs the department of inspections and appeals to adopt rules regarding the voluntary cessation of program operations of an assisted living program, including decertification. The rules specifically are to address notification of the tenants, tenant legal representatives, the department, and the tenant advocate at least 90 days prior to the anticipated date of cessation of program operations; the requirements for the safe and orderly transfer or transition of all tenants; and monitoring of the program during the process and after cessation of program operations. The bill requires that within seven days following provision of notice, the assisted living program shall hold a meeting and invite all tenants, tenant legal representatives, families of tenants, representatives of the department, and the tenant advocate to discuss the pending cessation of the program and to answer any questions. The department and the tenant advocate are authorized to have access to attend the meeting and provide information to the tenants regarding their legal rights.
   The bill directs that the tenant advocate shall monitor the decertification process and shall undertake any investigations necessary to ensure that the rights of tenants are protected during the process and after cessation of program operations. The tenant advocate is also to assist tenants in finding necessary and appropriate services during the transition if the program is unable to provide services during the transition. The assisted living program is required to cooperate with the tenant advocate by providing contact information for service providers within a 30-mile radius of the program.
   Following cessation of program operations and decertification, the department is authorized to retain authority to monitor the decertified program to ensure that the entity does not continue to act as an uncertified assisted living program or other unlicensed, uncertified, or unregistered entity otherwise regulated by the state following decertification. If a decertified assisted living program continues to or subsequently acts in a manner that meets the definition of assisted living, the decertified program is subject to the criminal penalties and injunctive relief provisions of Code section 231C.15, and any other penalties applicable by law.