House
File
537
-
Reprinted
HOUSE
FILE
537
BY
COMMITTEE
ON
HUMAN
RESOURCES
(SUCCESSOR
TO
HSB
54)
(As
Amended
and
Passed
by
the
House
March
15,
2011
)
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:
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Section
1.
NEW
SECTION
.
231C.11A
Voluntary
cessation
of
1
program
operations
——
decertification.
2
1.
The
department
shall
adopt
rules
regarding
the
voluntary
3
cessation
of
program
operations
of
an
assisted
living
4
program,
including
decertification.
The
rules
shall
address
5
notification
of
the
tenants,
tenant
legal
representatives,
the
6
department,
and
the
tenant
advocate
at
least
ninety
days
prior
7
to
the
anticipated
date
of
cessation
of
program
operations;
the
8
requirements
for
the
safe
and
orderly
transfer
or
transition
of
9
all
tenants;
and
monitoring
of
the
program
during
the
process
10
and
after
cessation
of
program
operations.
11
2.
Within
seven
days
following
provision
of
notice
of
12
cessation
of
program
operations,
the
assisted
living
program
13
shall
hold
a
meeting
and
invite
all
tenants,
tenant
legal
14
representatives,
families
of
tenants,
representatives
of
the
15
department,
and
the
tenant
advocate
to
discuss
the
pending
16
cessation
of
the
program
and
to
answer
any
questions.
The
17
department
and
the
tenant
advocate
shall
have
access
to
attend
18
the
meeting
and
provide
information
to
the
tenants
regarding
19
their
legal
rights.
20
3.
The
tenant
advocate
shall
monitor
the
decertification
21
process
and
shall
undertake
any
investigations
necessary
to
22
ensure
that
the
rights
of
tenants
are
protected
during
the
23
process
and
after
cessation
of
program
operations.
The
tenant
24
advocate
shall
assist
tenants
during
the
transition,
including
25
assisting
tenants
in
finding
necessary
and
appropriate
service
26
providers
if
the
assisted
living
program
is
unable
to
provide
27
such
necessary
and
appropriate
services
during
the
transition
28
period.
The
assisted
living
program
shall
cooperate
with
the
29
tenant
advocate
by
providing
contact
information
for
service
30
providers
within
a
thirty
mile
radius
of
the
program.
31
4.
Following
cessation
of
program
operations
and
32
decertification,
the
department
shall
retain
authority
to
33
monitor
the
decertified
program
to
ensure
that
the
entity
does
34
not
continue
to
act
as
an
uncertified
assisted
living
program
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or
other
unlicensed,
uncertified,
or
unregistered
entity
1
otherwise
regulated
by
the
state
following
decertification.
2
If
a
decertified
assisted
living
program
continues
to
or
3
subsequently
acts
in
a
manner
that
meets
the
definition
of
4
assisted
living
pursuant
to
section
231C.2,
the
decertified
5
program
is
subject
to
the
criminal
penalties
and
injunctive
6
relief
provisions
of
section
231C.15,
and
any
other
penalties
7
applicable
by
law.
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