reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 65 - Intermediate Care Facilities for Persons With Mental Illness (ICF/PMI) › Rule 481-65.16 - Discharge or Transfer

Current through Register Vol. 47, No. 3, July 24, 2024
Procedures for the discharge or transfer of the resident
				  shall be established and followed. (II, III)
(1)
Discharge plan.
The
				decision to discharge a person and the plan for doing so shall be established
				through the participation of the resident, members of the interdisciplinary
				team and other resource personnel as appropriate for the welfare of the
				individual. (II, III)
a. Discharge planning
				shall begin within 30 days of admission and be carried out in accordance with
				the IPP. (II, III)
b. As changes
				occur in a resident's physical or mental condition necessitating services or
				care which cannot be adequately provided by the facility, the resident shall be
				transferred promptly to another appropriate facility pursuant to subrule
				65.10(1). (II, III)
c. Notification
				shall be made to the next of kin, legal representative, attending physician,
				and sponsoring agency, if any, prior to transfer or discharge of any resident.
				(Ill)
d. Proper arrangements shall
				be made for the welfare of the resident prior to the transfer or discharge in
				the event of an emergency or inability to reach the next of kin or legal
				representative. (Ill)
e. The
				licensee shall not refuse to discharge or transfer a resident when directed by
				the physician, resident, legal representative, or court. (II, III)
f. Advanced notification by telephone shall
				be made to the receiving facility prior to the transfer of any resident.
				(Ill)
g. When a resident is
				transferred or discharged, the current evaluation and treatment plan and
				progress notes for the last 30 days, as set forth in these rules, shall
				accompany the resident. (II, III)
h. Prior to the transfer or discharge of a
				resident to another health care facility, arrangements to provide for
				continuity of care shall be made with the facility to which the resident is
				being sent. (II, III)
i. A
				discharge or transfer authorization and summary shall be prepared for each
				resident who has been discharged or transferred from the facility. It shall be
				disseminated to appropriate persons to ensure continuity of care and in
				accordance with the requirements to ensure confidentiality. (II, III)
j. A transfer to a part of a facility that
				has a different license must be handled the same way as a transfer to another
				facility, and not as an intrafacility transfer. (II, III)
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 65 - Intermediate Care Facilities for Persons With Mental Illness (ICF/PMI) › Rule 481-65.18 - Resident Property and Personal Affairs

Current through Register Vol. 47, No. 3, July 24, 2024
The admission of a resident does not give the facility or any
				  employee of the facility the right to manage, use, or dispose of any property
				  of the resident except with the written authorization of the resident or the
				  resident's legal guardian. (II, III)
(1) The admission of a resident shall not
				grant the ICF/PMI the authority or responsibility to manage the personal
				affairs of the resident except as may be necessary for the resident's safety
				and for safe and orderly management of the facility as required by these rules
				and in accordance with the IPP. (Ill)
(2) An ICF/PMI shall provide for the
				safekeeping of personal effects, funds, and other property of its residents.
				The facility may require that items of exceptional value or which would convey
				unreasonable responsibilities to the licensee be removed from the premises of
				the facility for safekeeping. (Ill)
(3) Residents' funds held by the ICF/PMI
				shall be in a trust account and kept separate from funds of the facility.
				(Ill)
(4) No administrator,
				employee or their representative shall act as guardian, trustee, or conservator
				for any resident or the resident's property, unless the resident is related to
				the person acting as guardian within the third degree of consanguinity.
				(Ill)
(5) If a facility is a county
				care facility, upon the verified petition of the county board of supervisors,
				the district court may appoint, without fee, the administrator of a county care
				facility as conservator or guardian, or both, of a resident of such a county
				care facility. The administrator may establish either separate or common bank
				accounts for cash funds of these residents. (Ill)
This rule is intended to implement Iowa Code section
				  135C.24.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 65 - Intermediate Care Facilities for Persons With Mental Illness (ICF/PMI) › Rule 481-65.19 - Financial Affairs

Current through Register Vol. 47, No. 3, July 24, 2024
Residents who have not been assigned a guardian or
				  conservator by the court may manage their personal financial affairs, and to
				  the extent, under written authorization by the residents that the facility
				  assists in management, the management shall be carried out in accordance with
				  Iowa Code section
				  135C.24.
				  (II)
(1)
Written account of
				resident funds.
The facility shall maintain a written account of all
				residents' funds received by or deposited with the facility. (II)
a. An employee shall be designated in writing
				to be responsible for resident accounts. (II)
b. The facility shall keep on deposit
				personal funds over which the resident has control when requested by the
				resident. (II)
c. If the resident
				requests these funds, they shall be given to the resident with a receipt
				maintained by the facility and a copy to the resident. If a conservator or
				guardian has been appointed for the resident, the conservator or guardian shall
				designate the method of disbursing the resident's funds. (II)
d. If the facility makes a financial
				transaction on a resident's behalf, the resident or the resident's legal
				guardian or conservator must receive or acknowledge having seen an itemized
				accounting of disbursements and current balances at least quarterly. A copy of
				this statement shall be maintained in the resident's financial or business
				record. (II)
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 65 - Intermediate Care Facilities for Persons With Mental Illness (ICF/PMI) › Rule 481-65.20 - Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Resident record.
The licensee shall keep a permanent record
				about each resident with all entries current, dated, and signed. (II) The
				record shall include:
a. Name and previous
				address of resident; (III)
b. Birth
				date, sex, and marital status of resident; (III)
c. Church affiliation; (III)
d. Physician's name, telephone number, and
				address; (III)
e. Dentist's name,
				telephone number, and address; (III)
f. Name, address and telephone number of next
				of kin or legal representative; (III)
g. Name, address and telephone number of the
				person to be notified in case of emergency; (III)
h. Funeral director, telephone number, and
				address; (III)
i. Pharmacy name,
				telephone number, and address; (III)
j. Results of evaluation pursuant to rule
				481-65.11
				(135C); (III)
k. Certification by
				the physician that the resident requires no higher level of care than the
				facility is licensed to provide; (III)
l. Physician's orders for medication and
				treatments in writing, signed by the physician quarterly and diet orders
				renewed yearly; (III)
m. A notation
				of yearly or other visits to physician or other professionals, all consultation
				reports and progress notes; (III)
n. Any change in the resident's condition;
				(II, III)
o. A notation describing
				the resident's condition on admission, transfer, and discharge; (III)
p. In the event of a resident's death,
				notations in the resident's record shall include the date and time of the
				resident's death, the circumstances of the resident's death, the disposition of
				the resident's body, and the date and time that the resident's family and
				physician were notified of the resident's death; (III)
q. A copy of instructions given to the
				resident, legal representative, or facility in the event of discharge or
				transfer; (III)
r. Disposition of
				personal property; (III)
s. Copy of
				IPP pursuant to subrule 65.12(1); (III) and
t. Progress notes pursuant to subrules
				65.12(4) and 65.12(5). (Ill)
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 65 - Intermediate Care Facilities for Persons With Mental Illness (ICF/PMI) › Rule 481-65.21 - Health and Safety

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Physician.
Each resident shall have a designated licensed
				physician who may be called when needed. (Ill)
(2)
Emergency care.
Each
				facility shall have written policies and procedures for emergency medical or
				psychiatric care to include:
a. A written
				agreement with a hospital or psychiatric facility or documentation of attempt
				to obtain a written agreement for the timely admission of a resident who, in
				the opinion of the attending physician, requires inpatient services; (II,
				III)
b. Provisions consistent with
				Iowa Code chapter 229; (II, III) and
c. Immediate notification by the person in
				charge to the physician or QMHP, as appropriate, of any accident, injury or
				adverse change in the resident's condition. (I, II)
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 65 - Intermediate Care Facilities for Persons With Mental Illness (ICF/PMI) › Rule 481-65.23 - Physical Facilities and Maintenance

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Housekeeping.
The
				facility shall have written procedures for daily and weekly cleaning (III)
				which include, but need not be limited to:
a.
				All rooms including furnishings, all corridors, storage areas, linen closets,
				attics, and basements shall be kept in a clean, orderly condition, free of
				unserviceable furniture and equipment or accumulations of refuse.
				(Ill)
b. All resident bedrooms,
				including furnishings, shall be cleaned and sanitized before use by another
				resident. (Ill)
c. Polishes used on
				floors shall provide a slip-resistant finish. (Ill)
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 65 - Intermediate Care Facilities for Persons With Mental Illness (ICF/PMI) › Rule 481-65.24 - Care Review Committee

Current through Register Vol. 47, No. 3, July 24, 2024
Each facility shall have a care review committee in
				  accordance with Iowa Code section
				  135C.25, which shall
				  operate within the scope of the rules for care review committees promulgated by
				  the department of elder affairs. (Ill)
(1)
Role of committee in complaint
				investigations.
a. The department
				shall notify the facility's care review committee of a complaint from the
				public. The department shall not disclose the name of a complainant.
b. The department may refer complaints to the
				care review committee for initial evaluation or investigation by the committee
				pursuant to rules promulgated by the department of elder affairs. Within ten
				days of completion of the investigation, the committee shall report to the
				department in writing the results of the evaluation of the
				investigation.
c. When the
				department investigates a complaint, upon conclusion of its investigation, it
				shall notify the care review committee and the department of elder affairs of
				its findings, including any citations and fines issued.
d. Results of all complaint investigations
				addressed by the care review committee shall be forwarded to the department
				within ten days of completion of the investigation.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 65 - Intermediate Care Facilities for Persons With Mental Illness (ICF/PMI) › Rule 481-65.25 - Residents Rights in General

Current through Register Vol. 47, No. 3, July 24, 2024
Each facility shall ensure that policies and procedures are
				  written and implemented which include at least provisions in subrules 65.25(1)
				  to 65.25(21). These shall govern all services provided to staff, residents,
				  their families or legal representatives. The policies and procedures shall be
				  available to the public and shall be reviewed annually. (II)
(1)
Grievances.
Written
				policies and procedures shall include a method for submitting grievances and
				recommendations by residents or their legal representatives and for ensuring a
				response and disposition by the facility. The written procedure shall ensure
				protection of the resident from any form of reprisal or intimidation and shall
				include:
a. An employee or an alternate
				designated to be responsible for handling grievances and recommendations;
				(II)
b. Methods to investigate and
				assess the validity of a grievance or recommendation; (II) and
c. Methods to resolve grievances and take
				action. (II)
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 65 - Intermediate Care Facilities for Persons With Mental Illness (ICF/PMI) › Rule 481-65.26 - Incompetent Residents

Current through Register Vol. 47, No. 3, July 24, 2024
Each facility shall provide that all rights and
				  responsibilities of incompetent residents devolve to the legal guardian when a
				  hearing has been held and the resident is judged incompetent in accordance with
				  state law. (II)
A facility is not absolved from advising incompetent
				  residents of their rights to the extent the resident is able to understand
				  them. The facility shall also advise the legal guardian, if any, and acquire a
				  statement indicating an understanding of resident's rights. (II)
This rule is intended to implement Iowa Code sections
				  135C.14(8)
				   and
				  135C.24.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 65 - Intermediate Care Facilities for Persons With Mental Illness (ICF/PMI) › Rule 481-65.27 - County Care Facilities

Current through Register Vol. 47, No. 3, July 24, 2024
In addition to these rules, county care facilities licensed
				  as intermediate care facilities for persons with mental illness must also
				  comply with department of human services rules 441-Chapter 37. Violation of any
				  standard established by the department of human services is a Class II
				  violation pursuant to
				  481-56.2
				  (135C).
This rule is intended to implement Iowa Code section
				  227.4.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 65 - Intermediate Care Facilities for Persons With Mental Illness (ICF/PMI) › Rule 481-65.28 - Violations

Current through Register Vol. 47, No. 3, July 24, 2024
Classification of violations is I, II and III, determined by
				  the division using the provisions in 481-Chapter 56, "Fining and Citations," to
				  enforce a fine to cite a facility.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 65 - Intermediate Care Facilities for Persons With Mental Illness (ICF/PMI) › Rule 481-65.29 - Another Business or Activity in a Facility

Current through Register Vol. 47, No. 3, July 24, 2024
A facility is allowed to have another business or activity in
				  a health care facility or in the same physical structure of the facility, if
				  the other business or activity is under the control of and is directly related
				  to and incidental to the operation of the health care facility, or the business
				  or activity is approved by the department and the state fire marshal.
To obtain the approval of the department and the state fire
				  marshal, the facility must submit to the department a written request for
				  approval which identifies the service(s) to be offered by the business and
				  addresses the factors outlined in paragraphs
"a"
through
"j"
of this rule. (I, II, III)
(1) The following factors will be considered
				by the department in determining whether a business or activity will interfere
				with the use of the facility by residents, interfere with services provided to
				residents, or be disturbing to residents:
a.
				Health and safety risks for residents;
b. Compatibility of the proposed business or
				activity with the facility program;
c. Noise created by the proposed business or
				activity;
d. Odors created by the
				proposed business or activity;
e.
				Use of entrances and exits for the business or activity in regard to safety and
				disturbance of residents and interference with delivery of services;
f. Use of the facility's corridors or rooms
				as thoroughfares to the business or activity in regard to safety and
				disturbance of residents and interference with delivery of services;
g. Proposed staffing for the business or
				activity;
h. Sharing of services
				and staff between the proposed business or activity and the facility;
i. Facility layout and design; and
j. Parking area utilized by the business or
				activity.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 65 - Intermediate Care Facilities for Persons With Mental Illness (ICF/PMI) › Rule 481-65.30 - Respite Care Services

Current through Register Vol. 47, No. 3, July 24, 2024
Respite care services means an organized program of temporary
				  supportive care provided for 24 hours or more to a person in order to relieve
				  the usual caregiver of the person from providing continual care to the person.
				  A facility which chooses to provide respite care services must meet the
				  following requirements related to respite care services and must be licensed as
				  a health care facility.
(1) A facility
				which chooses to provide respite care services is not required to obtain a
				separate license or pay a license fee.
(2) Rules regarding involuntary discharge or
				transfer rights do not apply to residents who are being cared for under a
				respite care contract.
(3) The
				facility shall have a contract with each resident in the facility. When the
				resident is there for respite care services, the contract shall specify the
				time period during which the resident will be considered to be receiving
				respite care services. At the end of that period, the contract may be amended
				to extend that period of time. The contract shall specifically state the
				resident may be involuntarily discharged while being considered as a respite
				care resident. The contract shall meet other requirements for contracts between
				a health care facility and resident, except the requirements concerning the
				holding and charging for a bed when a resident is hospitalized or leaves the
				facility temporarily for recreational or therapeutic reasons.
(4) Respite care services shall not be
				provided by a facility to persons requiring a level of care which is higher
				than the level of care the facility is licensed to provide.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 66 - Boarding Homes › Rule 481-66.2 - Registration of Boarding Homes

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A boarding
				home shall complete and submit to the department the boarding home registration
				form located on the department's website within 60 days of commencing
				operations.
(2) The registration
				form may be submitted electronically via the department's website; by mail to
				the Department of Inspections and Appeals, Health Facilities Division, Lucas
				State Office Building, Third Floor, 321 E. 12th Street, Des Moines, Iowa
				50319-0083; or by fax to (515)242-5022.
(3) The registrant shall include, at a
				minimum, the following information on the statement of registration:
a. Name(s) of the owner, lessee, and manager,
				as applicable;
b. Number of rooms
				available for rent and maximum number of tenants for the entire boarding
				home;
c. Location of the boarding
				home, including street address, city, and ZIP code;
d. Contact information for the owner, lessee,
				and manager, including telephone number, mailing address, and email
				address;
e. Occupant loads as
				calculated in accordance with the building and fire codes as adopted by the
				applicable jurisdictions;
f.
				Whether the building is equipped with a fire sprinkler system;
g. Whether the building is equipped with a
				centralized kitchen in which meals are prepared; and
h. Name of the responsible party. The
				department will send all notices regarding the boarding home to the responsible
				party.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 66 - Boarding Homes › Rule 481-66.3 - Occupancy Reports

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Each
				boarding home shall update its boarding home registration form with the
				department annually between January 1 and January 31 in the same manner as
				provided in subrule 66.2(2).
(2)
				The owner or lessee shall include, at a minimum, the following information on
				the occupancy report. If the owner or lessee is unable to answer the question
				because the owner or lessee does not have such information, the owner or lessee
				shall indicate such on the report.
a. Current
				number of rooms occupied;
b.
				Current number of tenants residing in the boarding home;
c. If applicable, date of last fire
				inspection and any deficiencies noted and how such deficiencies have been
				corrected;
d. If known, the number
				of tenants receiving Medicaid;
e.
				If known, the number of tenants receiving food assistance benefits (EBT
				cards);
f. If known, the number of
				tenants receiving other types of state assistance and the types of state
				assistance received;
g. Types of
				services provided or arranged by the owner, lessee, manager or an affiliated
				person or entity; frequency of services by type; and the name and contact
				information of the person or entity providing or arranging such
				services;
h. Any assistance or
				supervision provided to tenants by the owner, lessee or manager;
i. Method of rent payments, such as cash,
				check, or state assistance; and
j.
				If known, the number of tenants with a power of attorney, guardian or
				conservator.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 66 - Boarding Homes › Rule 481-66.4 - Complaints and Investigations

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Complaints.
a. The process
				for filing a complaint is as follows:
(1) Any
				person with a concern regarding the operation of a boarding home may file a
				complaint with the department in writing, by use of the complaint hotline at
				1-877-686-0027 or through the department's website at
dia.iowa.gov.
(2) When the nature of the complaint is
				outside the department's authority, the department shall forward the complaint
				to the appropriate investigatory entity.
(3) If other state agencies receive a
				complaint that relates to boarding homes, the agencies shall forward the
				complaint to the department.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 66 - Boarding Homes › Rule 481-66.6 - Penalties

Current through Register Vol. 47, No. 3, July 24, 2024
The director shall consider the following when determining
				  whether to assess a penalty for violation of Iowa Code chapter 1350 or rules
				  adopted thereunder, and when determining the amount of the penalty:
1. The duration of the
				noncompliance;
2. The nature of the
				noncompliance;
3. The response of
				the owner or lessee upon notification of noncompliance;
4. The number of tenants affected;
				and
5. The impact to the
				tenants.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 66 - Boarding Homes › Rule 481-66.7 - Public and Confidential Information

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Public disclosure.
The following records are open and
				available for inspection:
a. Registration
				forms and accompanying materials;
b. Final findings of investigations, unless
				otherwise confidential by law, such as investigative findings of the division
				of criminal investigation of the department of public safety or dependent adult
				abuse investigations; and
c.
				Official notices of penalties.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 67 - General Provisions for Elder Group Homes, Assisted Living Programs, and Adult Day Services › Rule 481-67.2 - Program Policies and Procedures, Including Those for Incident Reports

Current through Register Vol. 47, No. 3, July 24, 2024
A program's policies and procedures must meet the minimum
				  standards set by applicable requirements. All programs shall have policies and
				  procedures related to the reporting of incidents including allegations of
				  dependent adult abuse.
(1) The
				program's policies and procedures on incident reports, at a minimum, shall
				include the following:
a. The program shall
				have available incident report forms for use by program staff.
b. An incident report shall be in detail and
				shall be provided on an incident report form.
c. The person in charge at the time of the
				incident shall prepare and sign the report.
d. The incident report shall include
				statements from individuals, if any, who witnessed the incident.
e. All accidents or unusual occurrences
				within the program's building or on the premises that affect tenants shall be
				reported as incidents.
f. A copy of
				the completed incident report shall be kept on file on the program's premises
				for a minimum of three years.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 67 - General Provisions for Elder Group Homes, Assisted Living Programs, and Adult Day Services › Rule 481-67.3 - Tenant Rights

Current through Register Vol. 47, No. 3, July 24, 2024
All tenants have the following rights:
(1) To be treated with consideration,
				respect, and full recognition of personal dignity and autonomy.
(2) To receive care, treatment and services
				which are adequate and appropriate.
(3) To receive respect and privacy in the
				tenant's medical care program. Personal and medical records shall be
				confidential, and the written consent of the tenant shall be obtained for the
				records' release to any individual, including family members, except as needed
				in case of the tenant's transfer to a health care facility or as required by
				law or a third-party payment contract.
(4) To be free from mental and physical
				abuse.
(5) To receive from the
				manager and staff of the program a reasonable response to all requests.
(6) To associate and communicate
				privately and without restriction with persons and groups of the tenant's
				choice, including the tenant advocate, on the tenant's initiative or on the
				initiative of the persons or groups at any reasonable hour.
(7)  To manage the tenant's own financial
				affairs unless a tenant's legal representative has been appointed for the
				purpose of managing the tenant's financial affairs.
(8) To present grievances and recommend
				changes in program policies and services, personally or through other persons
				or in combination with others, to the program's staff or person in charge
				without fear of reprisal, restraint, interference, coercion, or
				discrimination.
(9) To be free from
				restraints.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 67 - General Provisions for Elder Group Homes, Assisted Living Programs, and Adult Day Services › Rule 481-67.4 - Program Notification to the Department

Current through Register Vol. 47, No. 3, July 24, 2024
The director or the director's designee shall be notified
				  within 24 hours, or the next business day, by the most expeditious means
				  available:
(1) Of any accident causing
				major injury. For the purposes of this rule, "major injury" shall also mean a
				substantial injury.
a. "Major injury" shall be
				defined as any injury which:
(1) Results in
				death; or
(2) Requires admission to
				a higher level of care for treatment, other than for observation; or
(3) Requires consultation with the attending
				physician, designee of the physician, or physician extender who determines, in
				writing on a form designated by the department, that an injury is a "major
				injury" based upon the circumstances of the accident, the previous functional
				ability of the tenant, and the tenant's prognosis.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 67 - General Provisions for Elder Group Homes, Assisted Living Programs, and Adult Day Services › Rule 481-67.6 - Another Business or Activity Located in a Program

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A business or activity serving persons
				other than tenants of a program is allowed in a designated part of the physical
				structure in which the program is located if the other business or activity
				meets the requirements of applicable state and federal codes, administrative
				rules, and federal regulations.
(2)
				A business or activity conducted in the designated part of the physical
				structure in which the program is located shall not interfere with the use of
				the program by tenants or with services provided to tenants or disturb
				tenants.
(3) A business or activity
				conducted in the designated part of the physical structure in which the program
				is located shall not reduce access, space, services, or staff available to
				tenants or necessary to meet the needs of tenants.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 67 - General Provisions for Elder Group Homes, Assisted Living Programs, and Adult Day Services › Rule 481-67.7 - Waiver of Criteria for Retention of a Tenant in the Program

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Time-limited waiver.
Upon receipt of a program's request for
				waiver of the criteria for retention of a tenant, the department may grant a
				waiver of the criteria under applicable requirements for a time-limited basis.
				Absent extenuating circumstances, a waiver of the criteria for retention of a
				tenant is limited to a period of six months or less.
(2)
Waiver petition
				procedures.
The following procedures shall be used to request and to
				receive approval of a waiver from criteria for the retention of a tenant:
a. A program shall submit the waiver request
				on a form and in a manner designated by the department as soon as it becomes
				apparent that a tenant exceeds retention criteria pursuant to an evaluation by
				a health care or human service professional.
b. The department shall respond in writing to
				a waiver request within 15 working days of receipt of all required
				documentation. In consultation with the program, the department may take an
				additional 15 working days to report its determination regarding the waiver
				request.
c. The program shall
				provide to the department within 5 working days written notification of any
				changes in the condition of the tenant as described in the approved waiver
				request.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 67 - General Provisions for Elder Group Homes, Assisted Living Programs, and Adult Day Services › Rule 481-67.8 - All Other Waiver Requests

Current through Register Vol. 47, No. 3, July 24, 2024
Waiver requests relating to topics other than retention of a
				  tenant in a program shall be filed in accordance with 481-Chapter 6.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 67 - General Provisions for Elder Group Homes, Assisted Living Programs, and Adult Day Services › Rule 481-67.10 - Monitoring

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Frequency of monitoring.
The department shall monitor a
				certified program at least once during the program's certification
				period.
(2)
Accessibility
				of records andprogram areas.
All records and areas of the program
				deemed necessary to determine compliance with the applicable requirements shall
				be accessible to the department for purposes of monitoring.
(3)
Standard for determining whether
				a regulatory insufficiency exists.
The department shall use a
				preponderance-of-the-evidence standard when determining whether a regulatory
				insufficiency exists. A preponderance-of-the-evidence standard does not require
				that the monitor shall have personally witnessed the alleged
				violation.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 67 - General Provisions for Elder Group Homes, Assisted Living Programs, and Adult Day Services › Rule 481-67.11 - Complaint and Program-reported Incident Report Investigation Procedure

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Complaints.
The process for filing a complaint is as follows:
a. Any person with concerns regarding the
				operation or service delivery of a program may file a complaint with the
				Department of Inspections and Appeals, Complaints Unit, Lucas State Office
				Building, Third Floor, 321 E. 12th Street, Des Moines, Iowa 50319-0083; by use
				of the complaint hotline, 1-877-686-0027; by facsimile sent to (515)281-7106;
				or through the website
				address:
dia-hfd.iowa.gov/DIAHFD/Home.do
.
b. When the nature of the complaint is
				outside the department's authority, the department shall forward the complaint
				or refer the complainant, if known, to the appropriate investigatory
				entity.
c. The complainant shall
				include as much of the following information as possible in the complaint: the
				complainant's name, address and telephone number; the complainant's
				relationship to the program or tenant; and the reason for the complaint. The
				complainant's name shall be confidential information and shall not be released
				by the department. The department shall act on anonymous complaints unless the
				department determines that the complaint is intended to harass the program. If
				the department, upon preliminary review, determines that the complaint is
				intended as harassment or is without reasonable basis, the department may
				dismiss the complaint.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 67 - General Provisions for Elder Group Homes, Assisted Living Programs, and Adult Day Services › Rule 481-67.13 - Exit Interview, Final Report, Plan of Correction

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Exit interview.
The
				department shall provide an exit interview in person or by telephone at the
				conclusion of a monitoring, during which the department shall inform the
				program's representative of all issues and areas of concern related to
				insufficient practices. A second exit interview shall be provided if the
				department identifies additional issues or areas of concern. The program shall
				have 2 working days from the date of the exit interview to submit additional or
				rebuttal information to the department.
(2)
Final report.
The
				department shall issue the final report of a monitoring within 10 working days
				after completion of the on-site monitoring or the receipt by the department of
				additional or rebuttal information, by personal service, electronically or by
				certified mail. The department shall issue a final report regarding a
				monitoring whether or not any regulatory insufficiency is found.
(3)
Plan of correction.
Within 10 working days following receipt of the final report, the program shall
				submit a plan of correction to the department.
a.
Contents of plan.
The
				plan of correction shall include:
(1) Elements
				detailing how the program will correct each regulatory insufficiency, including
				at the system level;
(2) The date
				by which the regulatory insufficiency will be corrected;
(3) What measures will be taken to ensure the
				problem does not recur;
(4) How the
				program plans to monitor performance to ensure compliance; and
(5) Any other required information.
The date by which the regulatory insufficiency will be
				  corrected shall not exceed 30 days from receipt of the final report pursuant to
				  subrule 67.13(2) without approval of the department.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 67 - General Provisions for Elder Group Homes, Assisted Living Programs, and Adult Day Services › Rule 481-67.14 - Response to Final Report

Current through Register Vol. 47, No. 3, July 24, 2024
Within 20 working days after the issuance of the final report
				  and assessment of civil penalty, if any, the program shall respond in the
				  following manner.
(1)
If not
				contestingfinal report.
If the program does not desire to seek an
				informal conference or contest the final report and civil penalty, if assessed,
				the program shall remit to the department of inspections and appeals the amount
				of the civil penalty, if assessed. If a program has been assessed a civil
				penalty, the civil penalty shall be reduced by 35 percent if the requirements
				of subrule 67.17(5) are met.
(2)
If contesting the final report.
If the program desires to
				contest the final report and civil penalty, if assessed, the program shall
				notify the department of inspections and appeals in writing that it desires to
				contest the final report and civil penalty and shall do one of the following:
a. Request an informal conference with an
				independent reviewer pursuant to subrule 67.14(3); or
b. Request a contested case hearing in the
				manner provided by Iowa Code chapter 17A for contested cases.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 67 - General Provisions for Elder Group Homes, Assisted Living Programs, and Adult Day Services › Rule 481-67.15 - Denial, Suspension or Revocation of a Certificate

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Notice and request for
				hearing.
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 actions. A denial, suspension or revocation shall be effective
				30 days after certified mailing or personal service of the notice, unless the
				applicant or certificate holder gives the department written notice requesting
				a hearing within the 30-day period. If a timely request for hearing is made,
				the notice shall be deemed suspended pending the outcome of the hearing, unless
				subrule 67.15(3) or 67.15(4) applies. If an enforcement action has been
				implemented immediately in accordance with subrule 67.15(3) or 67.15(4), the
				enforcement action remains in effect regardless of a request for
				hearing.
(2)
Hearings.
Hearings shall be conducted by the administrative
				hearings division of the department of inspections and appeals pursuant to Iowa
				Code chapter 17A and 481-Chapter 9.
(3)
Immediate suspension of a
				certificate.
When the department finds that an imminent danger to the
				health or safety of tenants of a program exists which requires action on an
				emergency basis, the department may direct removal of all tenants from the
				program and suspend the certificate or require additional remedies to ensure
				the ongoing safety of the program's tenants prior to a hearing.
(4)
Immediate imposition of
				enforcement action.
When the department finds that an imminent danger
				to the health or safety of tenants exists which requires action on an emergency
				basis, the department may immediately impose a conditional certificate and
				accompanying conditions upon the program in lieu of immediate suspension of the
				certificate and removal of the tenants from the program if the department finds
				that tenants' health and safety would still be protected. The program may
				request a hearing, but the immediate enforcement action remains in effect
				regardless of the request for hearing.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 67 - General Provisions for Elder Group Homes, Assisted Living Programs, and Adult Day Services › Rule 481-67.16 - Conditional Certification

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Conditional certification.
In lieu of denial, suspension or
				revocation of a certificate, the department may issue a conditional certificate
				for a period of up to one year. Notwithstanding subrule 67.15(4), a conditional
				certificate shall be issued only when regulatory insufficiencies pose no
				greater risk to tenant health or safety than the potential for causing minimal
				harm.
a. The department shall specify the
				reasons for the conditional certificate in the notice issuing the conditional
				certificate.
b. The department may
				place conditions upon a certificate, such as requiring additional training;
				restriction of the program from accepting additional tenants for a period of
				time; or any other action or combination of actions deemed appropriate by the
				department.
c. Failure by the
				program to adhere to the plan of correction or conditions placed on the
				certificate may result in suspension or revocation of the conditional
				certification and may result in further enforcement action as available under
				applicable requirements.
d. A
				program must be in substantial compliance with applicable requirements before
				the removal of a conditional certificate by the department. Prior to lifting a
				conditional certificate, the department may conduct a monitoring to verify
				substantial compliance. Once the program is in substantial compliance with
				applicable requirements, the department shall lift the conditional
				certificate.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 67 - General Provisions for Elder Group Homes, Assisted Living Programs, and Adult Day Services › Rule 481-67.17 - Civil Penalties

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
When civil penalties may be issued.
Civil penalties may be
				issued when the director finds that any of the following has occurred:
a. A program that does not comply with
				applicable requirements and the noncompliance results in imminent danger or a
				substantial probability of resultant death or physical harm to a tenant may be
				assessed a civil penalty of not more than $10,000.
b. A program that continues to fail or
				refuses to comply with applicable requirements within prescribed time frames
				established by the department or approved by the department in the program's
				plan of correction and the noncompliance has a direct relationship to the
				health, safety, or security of tenants may be assessed a civil penalty of not
				more than $5,000.
c. A program that
				prevents, interferes with or attempts to impede in any way any duly authorized
				representative of the department in the lawful enforcement of applicable
				requirements may be assessed a civil penalty of not more than $1,000.
d. A program that discriminates or retaliates
				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 Iowa Code chapter
				231B, 231C or 231D and the corresponding administrative rules may be assessed a
				civil penalty of not more than $5,000.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 67 - General Provisions for Elder Group Homes, Assisted Living Programs, and Adult Day Services › Rule 481-67.18 - Judicial Review

Current through Register Vol. 47, No. 3, July 24, 2024
Judicial review shall be conducted pursuant to Iowa Code
				  chapter 17A and 481-Chapter 9.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 67 - General Provisions for Elder Group Homes, Assisted Living Programs, and Adult Day Services › Rule 481-67.19 - Criminal, Dependent Adult Abuse, and Child Abuse Record Checks

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Definitions.
The following definitions apply for the purposes
				of this rule.
"Background check"
or
"record
				  check"
means criminal history, child abuse and dependent adult abuse
				  record checks.
"Comprehensive preliminary background check"
means a criminal history check of all states in which the applicant has worked
				  or resided over the seven-year period immediately prior to submitting an
				  application for employment that is conducted by an approved third-party
				  vendor.
"Direct services"
means services provided
				  through person-to-person contact. "Direct services" excludes services provided
				  by individuals such as building contractors, repair workers, or others who are
				  in a program for a very limited purpose, who are not in the program on a
				  regular basis, and who do not provide any treatment or services for residents,
				  patients, tenants, or participants of the provider.
"Employed in a program"
or
"employment within a program"
means all of the following, if
				  the provider is regulated by the state or receives any federal or state
				  funding:
1. An employee of an assisted
				living program certified under Iowa Code chapter 231C, if the employee provides
				direct services to consumers;
2. An
				employee of an elder group home certified under Iowa Code chapter 23 IB, if the
				employee provides direct services to consumers;
3. An employee of an adult day services
				program certified under Iowa Code chapter 231D, if the employee provides direct
				services to consumers.
"Employee"
means any individual who is paid,
				  either by the program or any other entity (i.e., temporary agency, private
				  duty, Medicare/Medicaid or independent contractors).
"Evaluation"
means review by the department
				  of human services to determine whether a founded child abuse, dependent adult
				  abuse or criminal conviction warrants the person's being prohibited from
				  employment in a program.
"Indirect services"
means services provided
				  without person-to-person contact such as those provided by administration,
				  dietary, laundry, and maintenance.
"Program,"
for purposes of this rule, means
				  all of the following, if the provider is regulated by the state or receives any
				  federal or state funding:
1. An
				assisted living program certified under Iowa Code chapter 231C;
2. An elder group home certified under Iowa
				Code chapter 23 IB; and
3. An adult
				day services program certified under Iowa Code chapter 23 ID.