reglab/housing_qa huggingface dataset:
IA Code § 231C.16A (2021)
2021 Iowa Code|Title VI - HUMAN SERVICES|Chapter 231C - ASSISTED LIVING PROGRAMS|Section 231C.16A - Medication setup — administration and storage of medications.

231C.16A Medication setup — administration and storage of medications.   1. An assisted living program may provide for medication setup if requested by a tenant or the tenant’s legal representative. If medication setup is provided following such request, the program shall be responsible for the specific task requested and the tenant shall retain responsibility for those tasks not requested to be provided.   2. If medications are administered or stored by an assisted living program, or if the assisted living program provides for medication setup, all of the following shall apply:   a. If administration of medications is delegated to the program by the tenant or tenant’s legal representative, the medications shall be administered by a registered nurse, licensed practical nurse, advanced registered nurse practitioner licensed in Iowa, or by the individual to whom such licensed individuals may properly delegate administration of medications.   b. Medications, other than those self-administered by the tenant or provided through medication setup, shall be stored in locked storage that is not accessible to persons other than employees responsible for administration or storage of medications.   c. Medications shall be labeled and maintained in compliance with label instructions and state and federal law.   d. A person, other than a person authorized to prescribe prescription drugs under state and federal law, shall not alter the prescription of a tenant.   e. Medications shall be stored in their originally received containers.   f. If medication setup is provided by the program at the request of the tenant or tenant’s legal representative, or if medication administration is delegated to the program by the tenant or tenant’s legal representative, appropriate staff of the program may transfer the medications in the tenant’s presence from the original prescription container to medication dispensing containers, reminder containers, or medication cups.   g. Program assistance with medication administration as specified in the occupancy agreement shall not require the program to provide assistance with the storage of medications.  2005 Acts, ch 60, §18, 21; 2015 Acts, ch 56, §19
IA Code § 231C.17 (2021)
2021 Iowa Code|Title VI - HUMAN SERVICES|Chapter 231C - ASSISTED LIVING PROGRAMS|Section 231C.17 - Coordination of the long-term care system — transitional provisions.

231C.17 Coordination of the long-term care system — transitional provisions.   1. A hospital licensed pursuant to chapter 135B, a health care facility licensed pursuant to chapter 135C, or an adult day services program certified pursuant to chapter 231D may operate an assisted living program if the assisted living program is certified pursuant to this chapter.   2. This chapter shall not be construed to require that a facility licensed as a different type of facility also comply with the requirements of this chapter, unless the facility is represented to the public as a certified assisted living program.   3. A certified assisted living program that complies with the requirements of this chapter shall not be required to be licensed or certified as a different type of facility, unless the facility is represented to the public as another type of facility.   4. a. A continuing care retirement community, as defined in section 523D.1, may provide limited personal care services and emergency response services to its independent living tenants if all of the following conditions are met:   (1) The provision of such personal care services or emergency response services does not result in inadequate staff coverage to meet the service needs of all tenants of the continuing care retirement community.   (2) The staff providing the personal care or emergency response services is trained or qualified to the extent necessary to provide such services.   (3) The continuing care retirement community documents the date, time, and nature of the personal care or emergency response services provided.   (4) Emergency response services are only provided in situations which constitute an urgent need for immediate action or assistance due to unforeseen circumstances.   b. This subsection shall not be construed to prohibit an independent living tenant of a continuing care retirement community from contracting with a third party for personal care or emergency response services.  2003 Acts, ch 166, §24;  2003 Acts, 1st Ex, ch 2, §17, 33  ; 2005 Acts, ch 60, §19, 21; 2009 Acts, ch 41, §263
IA Code § 231C.18 (2021)
2021 Iowa Code|Title VI - HUMAN SERVICES|Chapter 231C - ASSISTED LIVING PROGRAMS|Section 231C.18 - Iowa assisted living fees.

231C.18 Iowa assisted living fees.   1. The department shall collect assisted living program certification and related fees. An assisted living program that is certified by the department on the basis of voluntary accreditation by a recognized accrediting entity shall not be subject to payment of the certification fee, but shall be subject to an administrative fee as prescribed by rule. Fees collected and retained pursuant to this section shall be deposited in the general fund of the state.   2. The following certification and related fees shall apply to assisted living programs:   a. For a two-year initial certification, seven hundred fifty dollars.   b. For a two-year recertification, one thousand dollars.   c. For a blueprint plan review, nine hundred dollars.   d. For an optional preliminary plan review, five hundred dollars.   e. For accreditation via a national body of accreditation, one hundred twenty-five dollars.  2003 Acts, ch 166, §25; 2005 Acts, ch 60, §20, 21; 2007 Acts, ch 215, §183  Referred to in §231C.3
IA Code § 231C.19 (2021)
2021 Iowa Code|Title VI - HUMAN SERVICES|Chapter 231C - ASSISTED LIVING PROGRAMS|Section 231C.19 - Application of landlord and tenant Act.

231C.19 Application of landlord and tenant Act.   Chapter 562A, the uniform residential landlord and tenant Act, shall apply to assisted living programs under this chapter.  2003 Acts, ch 166, §26
IA Code § 231C.20 (2021)
2021 Iowa Code|Title VI - HUMAN SERVICES|Chapter 231C - ASSISTED LIVING PROGRAMS|Section 231C.20 - Limitation on penalties.

231C.20 Limitation on penalties.   The department shall not impose duplicate civil penalties for the same set of facts and circumstances. All monitoring revisits by the department shall review the program prospectively from the date of the plan of correction to determine compliance.  2009 Acts, ch 156, §18
IA Code § 231C.21 (2021)
2021 Iowa Code|Title VI - HUMAN SERVICES|Chapter 231C - ASSISTED LIVING PROGRAMS|Section 231C.21 - Certification list to county commissioner of elections.

231C.21 Certification list to county commissioner of elections.   To facilitate the implementation of section 53.8, subsection 3, and section 53.22, the director shall provide to each county commissioner of elections at least annually a list of each certified dementia-specific assisted living program in that county. The list shall include the street address or location, and the mailing address if it is other than the street address or location, of each program.  2017 Acts, ch 120, §8  Referred to in §53.8
IA Code § 231D.2 (2021)
2021 Iowa Code|Title VI - HUMAN SERVICES|Chapter 231D - ADULT DAY SERVICES|Section 231D.2 - Purpose — rules.

231D.2 Purpose — rules.   1. The purpose of this chapter is to promote and encourage adequate and safe care for adults with functional impairments.   2. The department shall establish, by rule in accordance with chapter 17A, a program for certification and monitoring of and complaint investigations related to adult day services programs. The department, in establishing minimum standards for adult day services programs, may adopt by rule in accordance with chapter 17A, nationally recognized standards for adult day services programs. The rules shall include specification of recognized accrediting entities. The rules shall include a requirement that sufficient staffing be available at all times to fully meet a participant’s identified needs. The rules shall include a requirement that no fewer than two staff persons who monitor participants as indicated in each participant’s service plan shall be awake and on duty during the hours of operation when two or more participants are present. The rules and minimum standards adopted shall be formulated in consultation with affected state agencies and affected industry, professional, and consumer groups and shall be designed to accomplish the purpose of this chapter.   3. The department may establish by administrative rule, in accordance with chapter 17A, specific rules related to minimum standards for dementia-specific adult day services programs. The rules shall be formulated in consultation with affected state agencies and affected industry, professional, and consumer groups.  2003 Acts, ch 165, §2; 2005 Acts, ch 61, §2, 17; 2007 Acts, ch 215, §185, 186
IA Code § 231D.3 (2021)
2021 Iowa Code|Title VI - HUMAN SERVICES|Chapter 231D - ADULT DAY SERVICES|Section 231D.3 - Certification required.

231D.3 Certification required.   1. A person or governmental unit acting severally or jointly with any other person or governmental unit shall not establish or operate an adult day services program and shall not represent an adult day services program to the public as certified unless and until the program is certified pursuant to this chapter. If an adult day services program is voluntarily accredited by a recognized accrediting entity with specific adult day services standards, the department shall accept voluntary accreditation as the basis for certification by the department. The owner or manager of a certified adult day services program shall comply with the rules adopted by the department for an adult day services program.   2. An adult day services program may provide any type of adult day services for which the program is certified. An adult day services program shall provide services and supervision commensurate with the needs of the participants. An adult day services program shall not provide services to individuals requiring a level or type of services for which the program is not certified and services provided shall not exceed the level or type of services for which the program is certified.   3. An adult day services program that has been certified by the department shall not alter the program, operation, or adult day services for which the program is certified in a manner that affects continuing certification without prior approval of the department. The department shall specify, by rule, alterations that are subject to prior approval.   4. A department, agency, or officer of this state or of any governmental unit shall not pay or approve for payment from public funds any amount to an adult day services program for an actual or prospective participant, unless the program holds a current certificate issued by the department and meets all current requirements for certification.   5. The department shall adopt rules regarding the conducting or operating of another business or activity in the distinct part of the physical structure in which the adult day services program is provided, if the business or activity serves persons who are not participants. The rules shall be developed in consultation with affected state agencies and affected industry, professional, and consumer groups.   6. The department shall conduct training sessions for personnel responsible for conducting monitoring evaluations and complaint investigations of adult day services programs.   7. Beginning January 1, 2013, certification of an adult day services program shall be for three years unless revoked for good cause by the department.  2003 Acts, ch 165, §3; 2005 Acts, ch 61, §3, 4, 17; 2007 Acts, ch 215, §187; 2013 Acts, ch 55, §1, 3, 4
IA Code § 231D.3A (2021)
2021 Iowa Code|Title VI - HUMAN SERVICES|Chapter 231D - ADULT DAY SERVICES|Section 231D.3A - Exception.

231D.3A Exception.   An entity certified by the centers for Medicare and Medicaid services of the United States department of health and human services as a federal program of all-inclusive care for the elderly shall not be required to be certified as an adult day services program under this chapter. A program of all-inclusive care for the elderly, as used in this section, shall not identify itself or hold itself out to be an adult day services program as defined in section 231D.1.  2012 Acts, ch 1035, §1; 2013 Acts, ch 30, §44
IA Code § 231D.4 (2021)
2021 Iowa Code|Title VI - HUMAN SERVICES|Chapter 231D - ADULT DAY SERVICES|Section 231D.4 - Application and fees.

231D.4 Application and fees.   1. Certificates for adult day services programs shall be obtained from the department. Applications shall be upon such forms and shall include such information as the department may reasonably require, which may include affirmative evidence of compliance with applicable statutes and local ordinances. Each application for certification shall be accompanied by the appropriate fee.   2. a. The department shall collect adult day services certification fees. The fees shall be deposited in the general fund of the state.   b. The following certification and related fees shall apply to adult day services programs:   (1) Beginning January 1, 2013, for a three-year initial certification, seven hundred fifty dollars.   (2) Beginning January 1, 2013, for a three-year recertification, one thousand dollars.   (3) For a blueprint review, nine hundred dollars.   (4) For an optional preliminary plan review, five hundred dollars.   (5) For certification via a national body of accreditation, one hundred twenty-five dollars.  2003 Acts, ch 165, §4; 2005 Acts, ch 61, §5, 17; 2007 Acts, ch 215, §188, 189; 2013 Acts, ch 55, §2, 3, 4
IA Code § 231D.6 (2021)
2021 Iowa Code|Title VI - HUMAN SERVICES|Chapter 231D - ADULT DAY SERVICES|Section 231D.6 - Notice — appeal — emergency provisions.

231D.6 Notice — appeal — emergency provisions.   1. The denial, suspension, or revocation of a certificate shall be effected by delivering to the applicant or certificate holder by restricted certified mail or by personal service a notice setting forth the particular reasons for the action. The denial, suspension, or revocation shall become effective thirty days after the mailing or service of the notice, unless the applicant or certificate holder, within the thirty-day period, requests a hearing, in writing, of the department, in which case the notice shall be deemed to be suspended.   2. The denial, suspension, or revocation of a certificate may be appealed in accordance with rules adopted by the department in accordance with chapter 17A.   3. When the department finds that an immediate danger to the health or safety of participants in an adult day services program exists which requires action on an emergency basis, the department may direct the removal of all participants in the adult day services program and suspend the certificate prior to a hearing.  2003 Acts, ch 165, §6; 2005 Acts, ch 61, §7, 17; 2007 Acts, ch 215, §192
IA Code § 231D.7 (2021)
2021 Iowa Code|Title VI - HUMAN SERVICES|Chapter 231D - ADULT DAY SERVICES|Section 231D.7 - Conditional operation.

231D.7 Conditional operation.   The department may, as an alternative to denial, suspension, or revocation of certification under section 231D.5, conditionally issue or continue certification dependent upon the performance by the adult day services program of reasonable conditions within a reasonable period of time as prescribed by the department so as to permit the program to commence or continue the operation of the program pending full compliance with this chapter or the rules adopted pursuant to this chapter. If the adult day services program does not make diligent efforts to comply with the conditions prescribed, the department may, under the proceedings prescribed by this chapter, suspend or revoke the certificate. An adult day services program shall not be operated under conditional certification for more than one year.  2003 Acts, ch 165, §7; 2007 Acts, ch 215, §193
IA Code § 231D.8 (2021)
2021 Iowa Code|Title VI - HUMAN SERVICES|Chapter 231D - ADULT DAY SERVICES|Section 231D.8 - Department notified of casualties.

231D.8 Department notified of casualties.   The department shall be notified within twenty-four hours, by the most expeditious means available, of any accident causing substantial injury or death, and any substantial fire or natural or other disaster occurring at or near an adult day services program.  2003 Acts, ch 165, §8; 2007 Acts, ch 215, §194
IA Code § 231D.9 (2021)
2021 Iowa Code|Title VI - HUMAN SERVICES|Chapter 231D - ADULT DAY SERVICES|Section 231D.9 - Complaints and confidentiality.

231D.9 Complaints and confidentiality.   1. A person with concerns regarding the operations or service delivery of an adult day services program may file a complaint with the department. The name of the person who files a complaint with the department and any personal identifying information of the person or any participant identified in the complaint shall be kept confidential and shall not be subject to discovery, subpoena, or other means of legal compulsion for its release to a person other than employees of the department involved in the investigation of the complaint.   2. The department shall establish procedures for the disposition of complaints received in accordance with this section.  2003 Acts, ch 165, §9; 2005 Acts, ch 61, §8, 17; 2007 Acts, ch 215, §195  Referred to in §231D.12
IA Code § 231D.9A (2021)
2021 Iowa Code|Title VI - HUMAN SERVICES|Chapter 231D - ADULT DAY SERVICES|Section 231D.9A - Exit interview — issuance of findings.

231D.9A Exit interview — issuance of findings.   1. The department shall provide an adult day services program an exit interview at the conclusion of a monitoring evaluation or a complaint investigation, and the department shall inform the program’s representative of all issues and areas of concern related to the insufficient practices. The department may conduct the exit interview in person or by telephone, and the department shall provide a second exit interview if any additional issues or areas of concern are identified. The program shall have two working days from the date of the exit interview to submit additional or rebuttal information to the department.   2. The department shall issue the final findings of a monitoring evaluation or complaint investigation within ten working days after completion of the on-site monitoring evaluation or complaint investigation. The final findings shall be served upon the program personally, by electronic mail, or by certified mail.  2005 Acts, ch 61, §9, 17; 2007 Acts, ch 215, §196; 2014 Acts, ch 1040, §25, 28
IA Code § 231D.10 (2021)
2021 Iowa Code|Title VI - HUMAN SERVICES|Chapter 231D - ADULT DAY SERVICES|Section 231D.10 - Disclosure of findings.

231D.10 Disclosure of findings.   Upon completion of a monitoring evaluation or complaint investigation of an adult day services program by the department pursuant to this chapter, the department’s final findings with respect to compliance by the adult day services program with requirements for certification shall be made available to the public in a readily available form and place. Other information relating to an adult day services program that is obtained by the department which does not constitute the department’s final findings from a monitoring evaluation or complaint investigation of the adult day services program shall not be made available to the public except in proceedings involving the assessment of a civil penalty pursuant to section 231D.11 or the denial, suspension, or revocation of a certificate under this chapter.  2003 Acts, ch 165, §10; 2005 Acts, ch 61, §10, 17; 2007 Acts, ch 215, §197; 2008 Acts, ch 1048, §3, 4; 2014 Acts, ch 1040, §26, 28; 2015 Acts, ch 80, §14
IA Code § 231D.10A (2021)
2021 Iowa Code|Title VI - HUMAN SERVICES|Chapter 231D - ADULT DAY SERVICES|Section 231D.10A - Informal conference — formal contest — judicial review.

231D.10A Informal conference — formal contest — judicial review.   1. Within twenty business days after issuance of the final findings, the adult day services program shall notify the director if the program desires to contest the findings and do either of the following:   a. Request an informal conference with an independent reviewer pursuant to subsection 2. Upon the conclusion of an informal conference, if the adult day services program desires to further contest an affirmed or modified regulatory insufficiency, it may do so by giving notice of intent to formally contest the regulatory insufficiency, in writing, to the department within five days after receipt of the written decision of the independent reviewer.   b. Request a contested case hearing in the manner provided by chapter 17A for contested cases. The formal hearing shall be conducted in accordance with chapter 17A and rules adopted by the department.   2. a. The department shall provide an independent reviewer to hold an informal conference with an adult day services program within ten working days after receiving a request from the program pursuant to subsection 1, paragraph “a”. At the conclusion of the informal conference, the independent reviewer may affirm, modify, or dismiss a contested regulatory insufficiency. The independent reviewer shall state in writing the specific reasons for the affirmation, modification, or dismissal and immediately transmit copies of the statement to the department and to the program.   b. An independent reviewer shall be licensed as an attorney in the state of Iowa and shall not be employed or have been employed by the department in the past eight years or have appeared in front of the department on behalf of an adult day services program in the past eight years. Preference shall be given to an attorney with background knowledge, experience, or training in long-term care. The department may issue a request for proposals to enter into a contract for the purpose of providing one or more independent reviewers for informal conferences.   3. An adult day services program that has exhausted all adequate administrative remedies and is aggrieved by the final action of the department may petition for judicial review in the manner provided by chapter 17A.  2014 Acts, ch 1040, §27, 28; 2015 Acts, ch 80, §15
IA Code § 231D.11 (2021)
2021 Iowa Code|Title VI - HUMAN SERVICES|Chapter 231D - ADULT DAY SERVICES|Section 231D.11 - Penalties.

231D.11 Penalties.   1. A person establishing, conducting, managing, or operating an adult day services program without a certificate is guilty of a serious misdemeanor. Each day of continuing violation after conviction or notice from the department by certified mail of a violation shall be considered a separate offense or chargeable offense. A person establishing, conducting, managing, or operating an adult day services program without a certificate may be temporarily or permanently restrained by a court of competent jurisdiction from such activity in an action brought by the state.   2. A civil penalty, as established by rule, may apply in any of the following situations:   a. Program noncompliance with one or more regulatory requirements has caused or is likely to cause harm, serious injury, threat, or death to a participant.   b. Program failure or refusal to comply with regulatory requirements within prescribed time frames.   c. Preventing or interfering with or attempting to impede in any way any duly authorized representative of the department in the lawful enforcement of this chapter or of the rules adopted pursuant to this chapter. As used in this paragraph, “lawful enforcement” includes but is not limited to:   (1) Contacting or interviewing any participant in an adult day services program in private at any reasonable hour and without advance notice.   (2) Examining any relevant records of an adult day services program.   (3) Preserving evidence of any violation of this chapter or of the rules adopted pursuant to this chapter.  2003 Acts, ch 165, §11; 2005 Acts, ch 61, §11, 17; 2007 Acts, ch 215, §198, 199  Referred to in §231D.10