Bill Text: IA HF537 | 2011-2012 | 84th General Assembly | Enrolled
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-Enrolled.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-Enrolled.html
House
File
537
AN
ACT
RELATING
TO
ASSISTED
LIVING
PROGRAMS,
INCLUDING
VOLUNTARY
CESSATION
OF
PROGRAM
OPERATIONS
AND
DECERTIFICATION
OF
ASSISTED
LIVING
PROGRAMS,
AND
PROVIDING
PENALTIES.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
231C.2,
Code
2011,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
2A.
“Assisted
living
program”
or
“program”
means
an
entity
that
provides
assisted
living.
Sec.
2.
Section
231C.5,
subsection
2,
paragraph
b,
Code
2011,
is
amended
to
read
as
follows:
b.
(1)
A
statement
regarding
the
impact
of
the
fee
structure
on
third-party
payments,
and
whether
third-party
payments
and
resources
are
accepted
by
the
assisted
living
program.
(2)
The
occupancy
agreement
shall
specifically
include
a
statement
regarding
each
of
the
following:
(a)
Whether
the
program
requires
disclosure
of
a
tenant’s
personal
financial
information
for
occupancy
or
continued
occupancy.
(b)
The
program’s
policy
regarding
the
continued
tenancy
of
a
tenant
following
exhaustion
of
private
resources.
House
File
537,
p.
2
(c)
Contact
information
for
the
department
of
human
services
and
the
senior
health
insurance
information
program
to
assist
tenants
in
accessing
third-party
payment
sources.
Sec.
3.
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.
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
House
File
537,
p.
3
program
is
subject
to
the
criminal
penalties
and
injunctive
relief
provisions
of
section
231C.15,
and
any
other
penalties
applicable
by
law.
______________________________
KRAIG
PAULSEN
Speaker
of
the
House
______________________________
JOHN
P.
KIBBIE
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
537,
Eighty-fourth
General
Assembly.
______________________________
W.
CHARLES
SMITHSON
Chief
Clerk
of
the
House
Approved
_______________,
2011
______________________________
TERRY
E.
BRANSTAD
Governor
