Bill Text: IA HF110 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act relating to assisted living programs, and including effective date provisions.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2011-12-31 - END OF 2011 ACTIONS [HF110 Detail]
Download: Iowa-2011-HF110-Introduced.html
House
File
110
-
Introduced
HOUSE
FILE
110
BY
ISENHART
and
HUNTER
A
BILL
FOR
An
Act
relating
to
assisted
living
programs,
and
including
1
effective
date
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
231C.2,
subsection
2,
Code
2011,
is
1
amended
to
read
as
follows:
2
2.
“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
a.
“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
b.
“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
c.
“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
d.
“Assisted
living”
includes
a
physical
structure
that
21
provides
housing
to
three
or
more
tenants
in
which
tenants
22
receive
services
as
described
in
paragraph
“b”
from
a
service
23
provider
contracting
with
the
housing
provider
or
contracting
24
with
or
employed
by
the
tenant
if
both
of
the
following
25
conditions
are
met:
26
(1)
The
service
provider
has
a
direct
or
indirect
corporate
27
affiliation
with
at
least
one
entity
involved
in
the
ownership
28
or
operation
of
the
housing.
29
(2)
At
least
fifty
percent
of
the
tenants
receive
at
least
30
one
service
from
a
service
provider
described
in
subparagraph
31
(1).
32
Sec.
2.
Section
231C.3,
subsection
3,
Code
2011,
is
amended
33
to
read
as
follows:
34
3.
a.
The
owner
or
manager
of
a
certified
assisted
living
35
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program
shall
comply
with
the
rules
adopted
by
the
department
1
for
an
assisted
living
program.
2
b.
A
person
including
a
governmental
unit
,
that
meets
the
3
definition
of
assisted
living
pursuant
to
section
231C.2
shall
4
be
considered
an
assisted
living
program
whether
or
not
the
5
person
represents
the
person
to
the
public
as
an
assisted
6
living
program
or
as
a
certified
assisted
living
program,
and
7
shall
not
operate
in
this
state
unless
and
until
the
assisted
8
living
program
is
certified
pursuant
to
this
chapter.
9
c.
A
person,
including
a
governmental
unit
shall
not
10
represent
an
assisted
living
program
to
the
public
as
an
11
assisted
living
program
or
as
a
certified
assisted
living
12
program
unless
and
until
the
program
is
certified
pursuant
to
13
this
chapter
.
14
Sec.
3.
Section
231C.3,
subsection
4,
paragraph
a,
Code
15
2011,
is
amended
to
read
as
follows:
16
a.
Services
provided
by
a
certified
assisted
living
program
17
may
be
provided
directly
by
staff
of
the
assisted
living
18
program,
by
individuals
contracting
with
the
assisted
living
19
program
to
provide
services,
or
by
individuals
employed
by
20
the
tenant
or
with
whom
the
tenant
contracts
if
the
tenant
21
agrees
to
assume
the
responsibility
and
risk
of
the
employment
22
or
the
contractual
relationship.
Any
provider
of
services
23
for
an
assisted
living
program,
by
whatever
means
employed
24
or
contracted,
shall
be
subject
to
oversight
and
regulation
25
applicable
to
staffing
of
an
assisted
living
program.
26
Sec.
4.
Section
231C.5,
subsection
2,
paragraphs
b
and
h,
27
Code
2011,
are
amended
to
read
as
follows:
28
b.
A
statement
regarding
the
impact
of
the
fee
structure
29
on
third-party
payments,
and
whether
third-party
payments
and
30
resources
are
accepted
by
the
assisted
living
program.
The
31
occupancy
agreement
shall
also
include
a
statement
regarding
32
whether
third-party
payment
is
a
basis
for
involuntary
transfer
33
or
transfer
and
the
program’s
policy
regarding
retention
34
or
involuntary
transfer
or
transfer
of
a
tenant
following
35
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depletion
of
private
resources.
A
tenant
residing
in
an
1
assisted
living
program
prior
to
the
effective
date
of
this
2
Act
shall
not
be
subject
to
involuntary
transfer
or
transfer
3
based
solely
on
source
of
payment,
unless
the
occupancy
4
agreement
entered
into
prior
to
that
date
specifically
provided
5
otherwise
and
was
signed
by
the
tenant
or
the
tenant’s
legal
6
representative.
An
assisted
living
program
shall
amend
any
7
occupancy
agreement
entered
into
prior
to
the
effective
date
8
of
this
Act
to
reflect
the
requirements
of
this
paragraph
and
9
shall
obtain
the
signature
of
the
tenant
or
the
tenant’s
legal
10
representative
acknowledging
the
amendment
to
the
occupancy
11
agreement
no
later
than
one
hundred
twenty
days
after
the
12
effective
date
of
this
Act.
13
h.
(1)
Occupancy,
involuntary
transfer,
and
transfer
14
criteria
and
procedures,
which
ensure
a
safe
and
orderly
15
transfer.
16
(2)
Involuntary
transfer
and
transfer
criteria,
including
17
criteria
relating
to
third-party
payments
and
resources,
18
shall
be
explicitly
stated
in
the
occupancy
agreement
and
19
shall
also
be
included
in
a
separate
cover
letter
to
the
20
occupancy
agreement
and
signed
by
the
tenant
or
tenant’s
legal
21
representative
at
the
time
of
initial
tenancy.
An
assisted
22
living
program
shall
amend
any
occupancy
agreement
entered
23
into
prior
to
the
effective
date
of
this
Act
to
reflect
24
the
requirements
of
this
subparagraph
and
shall
obtain
the
25
signature
of
the
tenant
or
the
tenant’s
legal
representative
26
acknowledging
the
amendment
to
the
occupancy
agreement
no
later
27
than
one
hundred
twenty
days
after
the
effective
date
of
this
28
Act.
29
Sec.
5.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
of
30
immediate
importance,
takes
effect
upon
enactment.
31
EXPLANATION
32
This
bill
relates
to
assisted
living
programs.
33
The
bill
amends
the
definition
of
“assisted
living”
to
34
provide
that
assisted
living
includes
a
physical
structure
35
-3-
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110
that
provides
housing
to
three
or
more
tenants,
in
which
1
tenants
receive
services
defined
as
assisted
living
services
2
from
a
provider
contracting
with
the
provider
of
the
housing
3
or
contracting
with
or
employed
by
the
tenant,
if
both
of
4
the
following
conditions
are
met:
the
service
provider
has
5
a
direct
or
indirect
corporate
affiliation
with
at
least
one
6
entity
involved
in
the
ownership
or
operation
of
the
housing;
7
and
at
least
50
percent
of
the
tenants
receive
at
least
one
8
service
from
such
service
provider.
9
The
bill
also
provides
that
a
person
that
meets
the
10
definition
of
“assisted
living”
shall
be
considered
an
assisted
11
living
program
whether
or
not
the
entity
represents
the
entity
12
to
the
public
as
an
assisted
living
program
or
a
certified
13
assisted
living
program,
and
shall
not
operate
in
the
state
14
unless
and
until
the
assisted
living
program
is
certified.
15
Any
provider
of
assisted
living
services,
however
employed
or
16
contracted,
is
subject
to
oversight
and
regulation
applicable
17
to
staffing
of
an
assisted
living
program.
18
The
bill
amends
provisions
relating
to
occupancy
agreements
19
for
tenants
of
assisted
living
programs.
The
bill
provides
20
that
the
occupancy
agreement
is
to
include
a
statement
21
regarding
whether
third-party
payment
is
a
basis
for
22
involuntary
transfer
or
transfer,
and
the
program’s
policy
23
regarding
retention
or
involuntary
transfer
or
transfer
of
a
24
tenant
following
depletion
of
private
resources.
Under
the
25
bill,
a
tenant
residing
in
an
assisted
living
program
prior
26
to
the
effective
date
of
the
bill,
is
not
to
be
subject
to
27
involuntary
transfer
or
transfer
based
solely
on
source
of
28
payment,
unless
the
occupancy
agreement
entered
prior
to
29
that
date
specifically
provides
otherwise
and
the
tenant
or
30
tenant’s
legal
representative
signed
the
occupancy
agreement.
31
Additionally,
the
occupancy
agreement
is
to
explicitly
state
32
involuntary
transfer
and
transfer
criteria,
including
criteria
33
relating
to
third-party
payment
and
resources,
and
this
34
information
is
also
required
to
be
in
a
separate
cover
letter
35
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to
the
occupancy
agreement
and
signed
by
the
tenant
or
tenant’s
1
legal
representative
at
the
time
of
initial
tenancy.
Assisted
2
living
programs
are
required
to
amend
occupancy
agreements
3
entered
into
prior
to
the
effective
date
of
the
bill
to
reflect
4
the
requirements
and
obtain
the
signature
of
the
tenant
or
5
the
tenant’s
legal
representative
on
the
amended
occupancy
6
agreements
no
later
than
120
days
after
enactment
of
the
bill.
7
The
bill
takes
effect
upon
enactment.
8
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