reglab/statecodes huggingface dataset:
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 231B - ELDER GROUP HOMES › Section 231B.9A - Informal conference — formal contest — judicial review.

231B.9A Informal conference — formal contest — judicial review.
1. Within twenty business days after issuance of the final findings, the elder group home shall notify the director if the home 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 elder group home 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 elder group home within ten working days after receiving a request from the home 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 home.
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 elder group home 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 elder group home 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, §21, 28; 2015 Acts, ch 80, §8
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 231B - ELDER GROUP HOMES › Section 231B.11 - Notice — appeal — emergency provisions.

231B.11 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 such action. Such denial, suspension, or revocation shall become effective thirty days after the mailing or service of the notice, unless the applicant or certificate holder, within such 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 imminent danger to the health or safety of a tenant of an elder group home exists which requires action on an emergency basis, the department may direct removal of all tenants of the elder group home and suspend the certificate prior to a hearing.
2005 Acts, ch 62, §11; 2007 Acts, ch 215, §152
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 231B - ELDER GROUP HOMES › Section 231B.12 - Department notified of casualties.

231B.12 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 to a tenant, and any substantial fire or natural or other disaster occurring at or near an elder group home.
2005 Acts, ch 62, §12; 2007 Acts, ch 215, §153
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 231B - ELDER GROUP HOMES › Section 231B.13 - Retaliation by elder group home prohibited.

231B.13 Retaliation by elder group home prohibited.
An elder group home shall not discriminate or retaliate in any way against a tenant, a tenant’s family, or an employee of the elder group home who has initiated or participated in any proceeding authorized by this chapter. An elder group home that violates this section is subject to a penalty as established by administrative rule in accordance with chapter 17A, to be assessed and collected by the department, paid into the state treasury, and credited to the general fund of the state.
2005 Acts, ch 62, §13; 2006 Acts, ch 1010, §71; 2007 Acts, ch 215, §154
Referred to in §231B.5
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 231B - ELDER GROUP HOMES › Section 231B.14 - Civil penalties.

231B.14 Civil penalties.
The department may establish by rule, in accordance with chapter 17A, civil penalties for the following violations by an elder group home:
1. Noncompliance with any regulatory requirements which presents an imminent danger or a substantial probability of resultant death or physical harm to a tenant.
2. Following receipt of notice from the department, continued failure or refusal to comply within a prescribed time frame with regulatory requirements that have a direct relationship to the health, safety, or security of elder group home tenants.
3. 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 subsection, “lawful enforcement” includes but is not limited to:
a. Contacting or interviewing any tenant of an elder group home in private at any reasonable hour and without advance notice.
b. Examining any relevant records of an elder group home.
c. Preserving evidence of any violation of this chapter or of the rules adopted pursuant to this chapter.
2005 Acts, ch 62, §14; 2007 Acts, ch 215, §155, 156
Referred to in §231B.9
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 231B - ELDER GROUP HOMES › Section 231B.15 - Criminal penalties and injunctive relief.

231B.15 Criminal penalties and injunctive relief.
A person establishing, conducting, managing, or operating an elder group home 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. A person establishing, conducting, managing, or operating an elder group home 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.
2005 Acts, ch 62, §15; 2007 Acts, ch 215, §157
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 231B - ELDER GROUP HOMES › Section 231B.16 - Coordination of the long-term care system — transitional provisions.

231B.16 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, an assisted living program certified pursuant to chapter 231C, or an adult day services program certified pursuant to chapter 231D may operate an elder group home, if the elder group home 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 an elder group home.
3. A certified elder group home 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 elder group home is represented to the public as another type of facility.
2005 Acts, ch 62, §16
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 231B - ELDER GROUP HOMES › Section 231B.17 - Iowa elder group home fees.

231B.17 Iowa elder group home fees.
1. The department shall collect elder group home certification and related fees. 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 elder group homes:
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.
2005 Acts, ch 62, §17; 2007 Acts, ch 215, §158
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 231B - ELDER GROUP HOMES › Section 231B.20 - Nursing assistant and medication aide — certification.

231B.20 Nursing assistant and medication aide — certification.
The department, in cooperation with other appropriate agencies, shall establish a procedure to allow nursing assistants or medication aides to claim work within an elder group home as credit toward sustaining the nursing assistant’s or medication aide’s certification.
2005 Acts, ch 62, §20; 2007 Acts, ch 215, §159
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 231B - ELDER GROUP HOMES › Section 231B.21 - Medication setup — administration and storage of medications.

231B.21 Medication setup — administration and storage of medications.
1. An elder group home 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 elder group home 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 elder group home, or if the elder group home provides for medication setup, all of the following shall apply:
a. If administration of medications is delegated to the elder group home 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 elder group home at the request of the tenant or tenant’s legal representative, or if medication administration is delegated to the elder group home by the tenant or tenant’s legal representative, appropriate staff of the elder group home may transfer the medications in the tenant’s presence from the original prescription container to medication dispensing containers, reminder containers, or medication cups.
g. Elder group home assistance with medication administration as specified in the occupancy agreement shall not require the elder group home to provide assistance with the storage of medications.
2005 Acts, ch 62, §21; 2015 Acts, ch 56, §18
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 231C - ASSISTED LIVING PROGRAMS › Section 231C.1 - Findings, purpose, and intent.

231C.1 Findings, purpose, and intent.
1. The general assembly finds that assisted living is an important part of the long-term care continua in this state. Assisted living emphasizes the independence and dignity of the individual while providing services in a cost-effective manner.
2. The purposes of establishing an assisted living program include all of the following:
a. To encourage the establishment and maintenance of a safe and homelike environment for individuals of all income levels who require assistance to live independently but who do not require health-related care on a continuous twenty-four-hour per day basis.
b. To establish standards for assisted living programs that allow flexibility in design which promotes a social model of service delivery by focusing on independence, individual needs and desires, and consumer-driven quality of service.
c. To encourage public participation in the development of assisted living programs for individuals of all income levels.
3. It is the intent of the general assembly that the department promote a social model for assisted living programs and a consultative process to assist with compliance by assisted living programs.
96 Acts, ch 1192, §1; 2003 Acts, ch 166, §7; 2005 Acts, ch 60, §1, 2, 21; 2007 Acts, ch 215, §160
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 231C - ASSISTED LIVING PROGRAMS › Section 231C.3A - Monitoring — conflicts of interest.

231C.3A Monitoring — conflicts of interest.
1. Any of the following circumstances disqualifies a monitor from inspecting a particular assisted living program under this chapter:
a. The monitor currently works or, within the past two years, has worked as an employee or employment agency staff at the program, or as an officer, consultant, or agent for the program to be monitored.
b. The monitor has any financial interest or any ownership interest in the program. For purposes of this paragraph, indirect ownership, such as through a broad-based mutual fund, does not constitute financial or ownership interest.
c. The monitor has an immediate family member who has a relationship with the program as described in paragraph “a” or “b”.
d. The monitor has an immediate family member who currently resides in the program.
2. For purposes of this section, “immediate family member” means a husband or wife; natural or adoptive parent, child, or sibling; stepparent, stepchild, or stepsibling; father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, or sister-in-law; or grandparent or grandchild.
2009 Acts, ch 156, §13
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 231C - ASSISTED LIVING PROGRAMS › Section 231C.4 - Fire and safety standards.

231C.4 Fire and safety standards.
The state fire marshal shall adopt rules, in coordination with the department, relating to the certification and monitoring of the fire and safety standards of certified assisted living programs.
96 Acts, ch 1192, §4; 97 Acts, ch 23, §21; 2003 Acts, ch 166, §11; 2007 Acts, ch 215, §167
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 231C - ASSISTED LIVING PROGRAMS › Section 231C.5A - Assessment of tenants — program eligibility.

231C.5A Assessment of tenants — program eligibility.
An assisted living program receiving reimbursement through the medical assistance program under chapter 249A shall assist the department of veterans affairs in identifying, upon admission of a tenant, the tenant’s eligibility for benefits through the United States department of veterans affairs. The assisted living program shall also assist the commission of veterans affairs in determining such eligibility for tenants residing in the program on July 1, 2009. The department of inspections and appeals, in cooperation with the department of human services, shall adopt rules to administer this section, including a provision that ensures that if a tenant is eligible for benefits through the United States department of veterans affairs or other third-party payor, the payor of last resort for reimbursement to the assisted living program is the medical assistance program. The rules shall also require the assisted living program to request information from a tenant or tenant’s personal representative regarding the tenant’s veteran status and to report to the department of veterans affairs only the names of tenants identified as potential veterans along with the names of their spouses and any dependents. Information reported by the assisted living program shall be verified by the department of veterans affairs.
2009 Acts, ch 84, §1
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 231C - ASSISTED LIVING PROGRAMS › Section 231C.6 - Involuntary transfer.

231C.6 Involuntary transfer.
1. If an assisted living program initiates the involuntary transfer of a tenant and the action is not a result of a monitoring evaluation or complaint investigation by the department, and if the tenant or the tenant’s legal representative contests the transfer, the following procedure shall apply:
a. The assisted living program shall notify the tenant or the tenant’s legal representative, in accordance with the occupancy agreement, of the need to transfer, the reason for the transfer, and the contact information of the tenant advocate.
b. The assisted living program shall provide the tenant advocate with a copy of the notification to the tenant.
c. The tenant advocate shall offer the notified tenant or the tenant’s legal representative assistance with the program’s internal appeals process. The tenant is not required to accept the assistance of the tenant advocate.
d. If, following the internal appeals process, the assisted living program upholds the transfer decision, the tenant or the tenant’s legal representative may utilize other remedies authorized by law to contest the transfer.
2. The department, in consultation with affected state agencies and affected industry, professional, and consumer groups, shall establish, by rule in accordance with chapter 17A, procedures to be followed, including the opportunity for hearing, when the transfer of a tenant results from a monitoring evaluation or complaint investigation conducted by the department.
2000 Acts, ch 1222, §13, 17; 2003 Acts, ch 166, §13; 2005 Acts, ch 60, §12, 21; 2007 Acts, ch 215, §169, 170
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 231C - ASSISTED LIVING PROGRAMS › Section 231C.7 - Complaints.

231C.7 Complaints.
1. Any person with concerns regarding the operations or service delivery of an assisted living 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 tenant 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 department employees involved with the complaint.
2. The department shall establish procedures for the disposition of complaints received in accordance with this section.
2003 Acts, ch 166, §14; 2007 Acts, ch 215, §171
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 231C - ASSISTED LIVING PROGRAMS › Section 231C.8 - Exit interview — issuance of findings.

231C.8 Exit interview — issuance of findings.
1. The department shall provide an assisted living program an exit interview at the conclusion of a monitoring evaluation or 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.
2003 Acts, ch 166, §15; 2005 Acts, ch 60, §13, 21; 2007 Acts, ch 215, §172; 2013 Acts, ch 26, §4, 7
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 231C - ASSISTED LIVING PROGRAMS › Section 231C.9 - Disclosure of findings.

231C.9 Disclosure of findings.
Upon completion of a monitoring evaluation or complaint investigation of an assisted living program by the department pursuant to this chapter, the department’s final findings with respect to compliance by the assisted living program with requirements for certification shall be made available to the public in a readily available form and place. Other information relating to an assisted living 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 assisted living program shall not be made available to the public except in proceedings involving the assessment of a civil penalty pursuant to section 231C.14 or the denial, suspension, or revocation of a certificate under this chapter.
2003 Acts, ch 166, §16; 2005 Acts, ch 60, §14, 21; 2007 Acts, ch 215, §173; 2008 Acts, ch 1048, §2, 4; 2013 Acts, ch 26, §5, 7; 2015 Acts, ch 80, §10
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 231C - ASSISTED LIVING PROGRAMS › Section 231C.9A - Informal conference — formal contest — judicial review.

231C.9A Informal conference — formal contest — judicial review.
1. Within twenty business days after issuance of the final findings, the assisted living 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 assisted living 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 assisted living 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 assisted living 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 assisted living 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.
2013 Acts, ch 26, §6, 7; 2015 Acts, ch 80, §11
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 231C - ASSISTED LIVING PROGRAMS › Section 231C.11 - Notice — appeal — emergency provisions.

231C.11 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 such action. Such denial, suspension, or revocation shall become effective thirty days after the mailing or service of the notice, unless the applicant or certificate holder, within such 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 imminent danger to the health or safety of tenants of an assisted living program exists which requires action on an emergency basis, the department may direct removal of all tenants of an assisted living program and suspend the certificate prior to a hearing.
2003 Acts, ch 166, §18; 2007 Acts, ch 215, §176
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 231C - ASSISTED LIVING PROGRAMS › Section 231C.11A - Voluntary cessation of program operations — decertification.

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 program is subject to the criminal penalties and injunctive relief provisions of section 231C.15, and any other penalties applicable by law.
2011 Acts, ch 83, §3
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 231C - ASSISTED LIVING PROGRAMS › Section 231C.12 - Department notified of casualties.

231C.12 Department notified of casualties.
The department shall be notified no later than the next working day, by the most expeditious means available, of any accident causing major injury or death, and any substantial fire or natural or other disaster occurring at or near an assisted living program.
2003 Acts, ch 166, §19; 2007 Acts, ch 215, §177; 2009 Acts, ch 156, §16
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 231C - ASSISTED LIVING PROGRAMS › Section 231C.13 - Retaliation by assisted living program prohibited.

231C.13 Retaliation by assisted living program prohibited.
An assisted living program shall not discriminate or retaliate in any way against a tenant, tenant’s family, or an employee of the program who has initiated or participated in any proceeding authorized by this chapter. An assisted living program that violates this section is subject to a penalty as established by administrative rule in accordance with chapter 17A, to be assessed and collected by the department, paid into the state treasury, and credited to the general fund of the state.
2003 Acts, ch 166, §20; 2006 Acts, ch 1010, §73; 2007 Acts, ch 215, §178
Referred to in §231C.5
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 231C - ASSISTED LIVING PROGRAMS › Section 231C.14 - Civil penalties.

231C.14 Civil penalties.
1. The department may establish by rule, in accordance with chapter 17A, civil penalties for the following violations by an assisted living program:
a. Noncompliance with any regulatory requirements which presents an imminent danger or a substantial probability of resultant death or physical harm to a tenant.
b. Following receipt of notice from the department, continued failure or refusal to comply within a prescribed time frame with regulatory requirements that have a direct relationship to the health, safety, or security of program tenants.
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 tenant of an assisted living program in private at any reasonable hour and without advance notice.
(2) Examining any relevant records of an assisted living program.
(3) Preserving evidence of any violation of this chapter or of the rules adopted pursuant to this chapter.
2. If a program assessed a penalty does not request a formal hearing pursuant to chapter 17A or withdraws its request for a formal hearing within thirty days of the date the penalty was assessed, the penalty shall be reduced by thirty-five percent, if the penalty is paid within thirty days of the issuance of a demand letter issued by the department. The demand letter, which includes the civil penalty, shall include a statement to this effect.
2003 Acts, ch 166, §21; 2005 Acts, ch 60, §16, 21; 2007 Acts, ch 215, §179, 180; 2009 Acts, ch 156, §17
Referred to in §231C.9
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 231C - ASSISTED LIVING PROGRAMS › Section 231C.15 - Criminal penalties and injunctive relief.

231C.15 Criminal penalties and injunctive relief.
A person establishing, conducting, managing, or operating any assisted living 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 assisted living 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.
2003 Acts, ch 166, §22; 2005 Acts, ch 60, §17, 21; 2007 Acts, ch 215, §181
Referred to in §231C.11A
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 231C - ASSISTED LIVING PROGRAMS › Section 231C.16 - Nursing assistant and medication aide — certification.

231C.16 Nursing assistant and medication aide — certification.
The department, in cooperation with other appropriate agencies, shall establish a procedure to allow nursing assistants or medication aides to claim work within an assisted living program as credit toward sustaining the nursing assistant’s or medication aide’s certification.
2003 Acts, ch 166, §23; 2007 Acts, ch 215, §182
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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