Bill Text: IA SF2060 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act relating to services provided by assisted living programs and requiring the adoption of rules.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-26 - Subcommittee, Bolkcom, Dotzler, and Johnson. S.J. 130. [SF2060 Detail]
Download: Iowa-2011-SF2060-Introduced.html
Senate
File
2060
-
Introduced
SENATE
FILE
2060
BY
BOLKCOM
(COMPANION
TO
5527HH
BY
HEDDENS)
A
BILL
FOR
An
Act
relating
to
services
provided
by
assisted
living
1
programs
and
requiring
the
adoption
of
rules.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
231C.1,
subsection
2,
paragraph
b,
Code
1
2011,
is
amended
to
read
as
follows:
2
b.
To
establish
standards
for
assisted
living
programs
that
3
allow
flexibility
in
design
which
promotes
a
social
model
of
4
service
delivery
by
focusing
on
independence,
individual
needs
5
and
desires,
and
consumer-driven
quality
of
service
,
and
that
6
provide
consumer
protections
to
ensure
program
transparency,
7
oversight,
and
accountability
.
8
Sec.
2.
Section
231C.1,
subsection
3,
Code
2011,
is
amended
9
to
read
as
follows:
10
3.
It
is
the
intent
of
the
general
assembly
that
the
11
department
promote
a
social
model
for
assisted
living
programs
,
12
provide
consistent
standards
and
oversight
to
ensure
protection
13
of
consumers,
and
utilize
a
consultative
process
to
assist
with
14
compliance
by
assisted
living
programs.
15
Sec.
3.
Section
231C.2,
subsection
2,
Code
Supplement
2011,
16
is
amended
to
read
as
follows:
17
2.
a.
“Assisted
living”
means
the
provision
to
three
or
18
more
tenants
of
a
social
model
of
housing
with
in
a
physical
19
structure
which
provides
a
homelike
environment
and
balances
20
individual
privacy
with
the
benefits
of
social
interaction
and
21
provides
associated
services
which
may
.
22
b.
The
social
model
shall
provide
an
environment
that
23
supports
each
tenant
in
maximizing
the
tenant’s
highest
24
practicable
level
of
well-being
through
individualized,
25
stimulating,
and
purposeful
activities,
connections
to
and
26
interaction
with
the
outside
community,
and
other
interventions
27
that
assist
a
tenant
in
maintaining
optimal
independence
while
28
delaying
further
decline
from
any
existing
health,
cognitive,
29
mental
health,
or
functional
condition.
30
c.
The
services
offered
shall
include
but
are
not
limited
to
31
health-related
the
following:
32
(1)
Health-related
care
,
or
personal
care
,
and
assistance
33
with
instrumental
activities
of
daily
living
to
three
or
more
34
tenants
in
a
physical
structure
which
provides
a
homelike
35
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environment
.
1
(2)
“Assisted
living”
also
includes
The
encouragement
2
of
family
involvement,
tenant
self-direction,
and
tenant
3
participation
in
decisions
that
emphasize
choice,
dignity,
4
privacy,
individuality,
shared
risk,
and
independence
in
a
5
manner
commensurate
with
the
tenant’s
health,
cognitive,
6
mental
health,
and
functional
status
.
“Assisted
living”
7
includes
the
provision
of
housing
and
assistance
with
8
instrumental
activities
of
daily
living
only
if
personal
care
9
or
health-related
care
is
also
included.
“Assisted
living”
10
includes
11
(3)
Access
to
awake
staff
twenty-four
hours
per
day
12
response
staff
to
meet
a
tenant’s
scheduled
and
unscheduled
13
or
unpredictable
needs
commensurate
with
the
tenant’s
health,
14
cognitive,
mental
health,
and
functional
status,
in
a
manner
15
that
promotes
maximum
dignity
and
independence
and
provides
16
supervision,
safety,
and
security.
17
d.
Services
may
include
assistance
with
instrumental
18
activities
of
daily
living.
19
Sec.
4.
Section
231C.3,
subsection
1,
paragraphs
c
and
d,
20
Code
2011,
are
amended
to
read
as
follows:
21
c.
Standards
for
tenant
evaluation
or
assessment
,
which
22
evaluate
each
prospective
tenant’s
health,
cognitive,
mental
23
health,
and
functional
status
prior
to
the
tenant’s
signing
the
24
occupancy
agreement
and
taking
occupancy
of
a
dwelling
unit
25
in
order
to
determine
the
tenant’s
eligibility
for
a
program,
26
including
whether
the
personal
or
health-related
services
are
27
available.
The
standards
shall
provide
that
each
program
shall
28
use
one
or
two
of
the
standard
assessment
tools
selected
by
the
29
department.
30
d.
Standards
for
tenant
service
plans,
which
may
vary
in
31
accordance
with
the
nature
of
the
services
provided
or
the
32
status
of
the
a
tenant.
The
standards
shall
provide
that
daily
33
activities
based
on
a
tenant’s
abilities,
personal
interests,
34
and
individual
assessment
shall
be
planned
for
a
tenant
who
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is
unable
to
plan
the
tenant’s
own
activities.
The
standards
1
shall
state
that
a
service
plan
must
include
the
level
of
staff
2
needed
to
provide
personal
or
health-related
care.
When
a
3
tenant
needs
personal
care
or
health-related
care,
the
service
4
plan
shall
be
updated
within
thirty
days
of
occupancy
and
as
5
needed
with
significant
change,
but
not
less
than
annually.
6
d.
e.
Provisions
for
granting
short-term
waivers
for
7
tenants
who
exceed
occupancy
criteria.
8
Sec.
5.
Section
231C.3,
subsection
1,
Code
2011,
is
amended
9
by
adding
the
following
new
paragraphs:
10
NEW
PARAGRAPH
.
f.
Standards
for
food
service
at
a
program
11
that
ensure
that
the
nutritional
needs
of
each
tenant
is
met
as
12
reflected
in
the
tenant’s
service
plan.
The
standards
shall
13
state
that
the
program
shall
provide,
at
minimum,
one
hot
meal
14
per
day
to
all
tenants
and
up
to
three
meals
per
day
for
tenants
15
who
require
the
food
service.
16
NEW
PARAGRAPH
.
g.
Standards
for
employment
of
a
program
17
manager.
The
standards
shall
provide
that
programs
employing
a
18
new
program
manager
on
and
after
January
1,
2013,
shall
require
19
the
manager
to
have,
at
minimum,
a
combination
of
three
years
20
of
study
or
experience
related
to
older
adults
and
to
complete,
21
within
six
months
of
initial
employment
as
a
program
manager,
22
an
assisted
living
management
class
whose
curriculum
includes
23
at
least
six
hours
of
training
specifically
related
to
Iowa
24
rules
and
laws
on
assisted
living
programs.
25
Sec.
6.
Section
231C.5,
subsection
2,
paragraph
a,
Code
26
Supplement
2011,
is
amended
to
read
as
follows:
27
a.
A
description
of
all
fees,
charges,
and
rates
describing
28
tenancy
and
basic
services
covered,
and
any
additional
and
29
optional
services
and
their
related
costs.
The
occupancy
30
agreement
shall
also
include
the
circumstances
under
which
31
fees,
charges,
or
rates
are
subject
to
change,
and
the
process
32
by
which
such
change
is
made
including
but
not
limited
to
a
33
provision
of
timely
notice
of
such
change.
34
Sec.
7.
Section
231C.5,
subsection
2,
Code
Supplement
2011,
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is
amended
by
adding
the
following
new
paragraph:
1
NEW
PARAGRAPH
.
q.
The
specific
type
and
level
of
services
2
the
program
provides
and
the
specific
health,
cognitive,
mental
3
health,
or
functional
condition
that,
by
law,
prohibit
initial
4
occupancy
or
may
necessitate
subsequent
transfer
or
involuntary
5
transfer.
6
Sec.
8.
RULES.
The
department
of
inspections
and
appeals
7
shall
adopt
rules
to
implement
the
provisions
of
this
Act.
8
Sec.
9.
PRIOR
PROGRAM
MANAGER
TRAINING.
The
training
9
standards
required
by
section
231C.3,
subsection
1,
paragraph
10
“g”,
as
enacted
in
this
Act,
shall
provide
that
program
11
managers
who
have
completed
similar
training
prior
to
January
12
1,
2013,
shall
not
be
required
to
complete
additional
training
13
to
meet
the
requirement
in
section
231C.3,
subsection
1,
14
paragraph
“g”.
15
EXPLANATION
16
This
bill
amends
Code
sections
related
to
assisted
living
17
programs.
The
bill
adds
that
the
purpose
of
establishing
an
18
assisted
living
program
includes
providing
consumer
protections
19
to
ensure
program
transparency,
oversight,
and
accountability.
20
The
bill
provides
that
it
is
the
intent
of
the
general
assembly
21
that
the
department
of
inspections
and
appeals
provide
22
consistent
standards
and
oversight
to
ensure
protection
of
23
consumers
of
assisted
living
programs.
24
The
bill
amends
the
definition
of
“assisted
living”
to
25
mean
the
provision
of
a
social
model
of
housing
in
a
physical
26
structure
with
services
to
three
or
more
tenants.
The
physical
27
structure
must
balance
individual
privacy
with
the
benefits
28
of
social
interaction.
The
bill
provides
that
the
social
29
model
must
create
an
environment
that
supports
the
tenant
in
30
maximizing
the
highest
practicable
level
of
well-being
that
31
assists
the
tenant
in
maintaining
optimal
independence
and
32
delaying
further
decline
in
any
existing
health,
cognitive,
33
mental
health,
or
functional
condition.
34
The
bill
amends
the
definition
of
“assisted
living”
to
35
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include
as
required
assisted
living
services,
health-related
1
care,
the
encouragement
of
family
involvement,
tenant
2
self-direction,
and
tenant
participation
in
a
manner
3
commensurate
with
the
tenant’s
health,
cognitive,
mental
4
health,
and
functional
status,
and
access
to
awake
staff
24
5
hours
per
day
to
meet
the
tenant’s
needs
commensurate
with
6
the
tenant’s
health,
cognitive,
mental
health,
and
functional
7
status.
The
bill
provides
that
assisted
living
services
may
8
include
assistance
with
instrumental
activities
of
daily
9
living.
10
The
bill
requires
the
department
of
inspections
and
appeals
11
(DIA)
to
establish
rules
regarding
standards
for
tenant
12
evaluation
or
assessment.
The
rules
shall
require
that
each
13
prospective
tenant’s
health,
cognitive,
mental
health,
and
14
functional
status
be
evaluated
prior
to
the
tenant’s
signing
15
the
occupancy
agreement
and
taking
occupancy
of
a
dwelling
16
unit.
The
evaluations
must
be
completed
using
one
or
two
of
17
the
standard
assessment
tools
selected
by
the
department.
18
The
bill
requires
that
the
DIA’s
rules
regarding
tenant
19
service
plans
provide
that
daily
activities
based
on
the
20
tenant’s
abilities,
personal
interests,
and
individual
21
assessment
shall
be
planned
for
a
tenant
who
is
unable
to
22
plan
the
tenant’s
own
activities.
The
rules
regarding
tenant
23
service
plans
also
must
include
the
level
of
staff
needed
to
24
provide
care.
25
The
bill
requires
the
DIA
to
establish
rules
regarding
26
standards
for
food
service
at
an
assisted
living
program
to
27
ensure
that
a
program
meets
a
tenant’s
nutritional
needs.
28
These
standards
shall
require
that
the
program,
at
minimum,
29
provide
one
hot
meal
per
day
to
all
tenants
and
up
to
three
30
meals
per
day
for
tenants
requiring
the
service.
31
The
bill
requires
the
DIA
to
establish
rules
regarding
32
standards
for
employment
of
program
managers.
The
standards
33
must
require
new
program
managers
employed
on
or
after
34
January
1,
2013,
to
have
a
minimum
of
three
years
of
study
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or
experience
related
to
older
adults
and
to
complete
an
1
assisted
living
management
class
within
six
months
of
initial
2
employment
as
a
program
manager.
A
program
manager
does
not
3
need
to
complete
additional
training
if
the
program
manager
has
4
completed
similar
training
prior
to
January
1,
2013.
5
The
bill
provides
that
a
written
occupancy
agreement
6
shall
include
the
circumstances
under
which
fees,
charges,
or
7
rates
are
subject
to
change
and
the
process
for
making
the
8
changes
including
a
provision
for
timely
notice.
The
bill
9
also
requires
a
written
occupancy
agreement
to
include
the
10
specific
type
and
level
of
services
the
program
provides
and
11
the
specific
health,
cognitive,
mental
health,
or
functional
12
conditions
that
prohibit
initial
occupancy
or
may
necessitate
13
subsequent
transfer.
14
The
bill
requires
the
DIA
to
adopt
rules
to
implement
the
15
bill.
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