Bill Text: IA HF537 | 2011-2012 | 84th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: A bill for an act relating to assisted living programs, including voluntary cessation of program operations and decertification of assisted living programs, and providing penalties. (Formerly HSB 54) Effective 7-01-11.
Spectrum: Committee Bill
Status: (Passed) 2011-12-31 - END OF 2011 ACTIONS [HF537 Detail]
Download: Iowa-2011-HF537-Introduced.html
Bill Title: A bill for an act relating to assisted living programs, including voluntary cessation of program operations and decertification of assisted living programs, and providing penalties. (Formerly HSB 54) Effective 7-01-11.
Spectrum: Committee Bill
Status: (Passed) 2011-12-31 - END OF 2011 ACTIONS [HF537 Detail]
Download: Iowa-2011-HF537-Introduced.html
House
File
537
-
Introduced
HOUSE
FILE
537
BY
COMMITTEE
ON
HUMAN
RESOURCES
(SUCCESSOR
TO
HSB
54)
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:
4
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537
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.
NEW
SECTION
.
231C.11A
Voluntary
cessation
of
31
program
operations
——
decertification.
32
1.
The
department
shall
adopt
rules
regarding
the
voluntary
33
cessation
of
program
operations
of
an
assisted
living
34
program,
including
decertification.
The
rules
shall
address
35
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537
notification
of
the
tenants,
tenant
legal
representatives,
the
1
department,
and
the
tenant
advocate
at
least
ninety
days
prior
2
to
the
anticipated
date
of
cessation
of
program
operations;
the
3
requirements
for
the
safe
and
orderly
transfer
or
transition
of
4
all
tenants;
and
monitoring
of
the
program
during
the
process
5
and
after
cessation
of
program
operations.
6
2.
Within
seven
days
following
provision
of
notice
of
7
cessation
of
program
operations,
the
assisted
living
program
8
shall
hold
a
meeting
and
invite
all
tenants,
tenant
legal
9
representatives,
families
of
tenants,
representatives
of
the
10
department,
and
the
tenant
advocate
to
discuss
the
pending
11
cessation
of
the
program
and
to
answer
any
questions.
The
12
department
and
the
tenant
advocate
shall
have
access
to
attend
13
the
meeting
and
provide
information
to
the
tenants
regarding
14
their
legal
rights.
15
3.
The
tenant
advocate
shall
monitor
the
decertification
16
process
and
shall
undertake
any
investigations
necessary
to
17
ensure
that
the
rights
of
tenants
are
protected
during
the
18
process
and
after
cessation
of
program
operations.
The
tenant
19
advocate
shall
assist
tenants
during
the
transition,
including
20
assisting
tenants
in
finding
necessary
and
appropriate
service
21
providers
if
the
assisted
living
program
is
unable
to
provide
22
such
necessary
and
appropriate
services
during
the
transition
23
period.
The
assisted
living
program
shall
cooperate
with
the
24
tenant
advocate
by
providing
contact
information
for
service
25
providers
within
a
thirty
mile
radius
of
the
program.
26
4.
Following
cessation
of
program
operations
and
27
decertification,
the
department
shall
retain
authority
to
28
monitor
the
decertified
program
to
ensure
that
the
entity
does
29
not
continue
to
act
as
an
uncertified
assisted
living
program
30
or
other
unlicensed,
uncertified,
or
unregistered
entity
31
otherwise
regulated
by
the
state
following
decertification.
32
If
a
decertified
assisted
living
program
continues
to
or
33
subsequently
acts
in
a
manner
that
meets
the
definition
of
34
assisted
living
pursuant
to
section
231C.2,
the
decertified
35
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537
program
is
subject
to
the
criminal
penalties
and
injunctive
1
relief
provisions
of
section
231C.15,
and
any
other
penalties
2
applicable
by
law.
3
EXPLANATION
4
This
bill
relates
to
assisted
living
programs.
5
The
bill
provides
that
the
definition
of
“assisted
living”
6
includes
any
entity
that
meets
the
definition
of
assisted
7
living
whether
or
not
the
entity
represents
itself
to
the
8
public
as
an
assisted
living
program
or
as
a
certified
assisted
9
living
program,
including
an
entity
that
decertifies
a
program
10
but
continues
to
provide
housing
and
continues
to
be
or
11
subsequently
becomes
the
sole
provider
of
assistance
with
12
instrumental
activities
of
daily
living,
personal
care,
or
13
health-related
care,
by
whatever
means
employed
or
contracted,
14
including
through
a
subsidiary,
parent,
or
related
corporation.
15
The
bill
directs
the
department
of
inspections
and
16
appeals
to
adopt
rules
regarding
the
voluntary
cessation
of
17
program
operations
of
an
assisted
living
program,
including
18
decertification.
The
rules
specifically
are
to
address
19
notification
of
the
tenants,
tenant
legal
representatives,
the
20
department,
and
the
tenant
advocate
at
least
90
days
prior
to
21
the
anticipated
date
of
cessation
of
program
operations;
the
22
requirements
for
the
safe
and
orderly
transfer
or
transition
of
23
all
tenants;
and
monitoring
of
the
program
during
the
process
24
and
after
cessation
of
program
operations.
The
bill
requires
25
that
within
seven
days
following
provision
of
notice,
the
26
assisted
living
program
shall
hold
a
meeting
and
invite
all
27
tenants,
tenant
legal
representatives,
families
of
tenants,
28
representatives
of
the
department,
and
the
tenant
advocate
to
29
discuss
the
pending
cessation
of
the
program
and
to
answer
30
any
questions.
The
department
and
the
tenant
advocate
are
31
authorized
to
have
access
to
attend
the
meeting
and
provide
32
information
to
the
tenants
regarding
their
legal
rights.
33
The
bill
directs
that
the
tenant
advocate
shall
monitor
the
34
decertification
process
and
shall
undertake
any
investigations
35
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537
necessary
to
ensure
that
the
rights
of
tenants
are
protected
1
during
the
process
and
after
cessation
of
program
operations.
2
The
tenant
advocate
is
also
to
assist
tenants
in
finding
3
necessary
and
appropriate
services
during
the
transition
if
the
4
program
is
unable
to
provide
services
during
the
transition.
5
The
assisted
living
program
is
required
to
cooperate
with
the
6
tenant
advocate
by
providing
contact
information
for
service
7
providers
within
a
30-mile
radius
of
the
program.
8
Following
cessation
of
program
operations
and
9
decertification,
the
department
is
authorized
to
retain
10
authority
to
monitor
the
decertified
program
to
ensure
11
that
the
entity
does
not
continue
to
act
as
an
uncertified
12
assisted
living
program
or
other
unlicensed,
uncertified,
or
13
unregistered
entity
otherwise
regulated
by
the
state
following
14
decertification.
If
a
decertified
assisted
living
program
15
continues
to
or
subsequently
acts
in
a
manner
that
meets
16
the
definition
of
assisted
living,
the
decertified
program
17
is
subject
to
the
criminal
penalties
and
injunctive
relief
18
provisions
of
Code
section
231C.15,
and
any
other
penalties
19
applicable
by
law.
20
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