reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 55 - Health Care Employment Agencies › Rule 481-55.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
The definitions set forth in Iowa Code section 135Q.1 as
				  enacted by 2022 Iowa Acts, House File 2521, are incorporated herein by
				  reference. As used in this chapter, unless the context otherwise requires, the
				  following terms apply:
"Direct services"
includes services
				  performed by registered nurses, licensed practical nurses, certified nurse
				  aides, certified medication aides, and medication managers. "Direct services"
				  does not include the practice of medicine and surgery or osteopathic medicine
				  and surgery by an individual licensed under Iowa Code chapter 148 or 148C or
				  the practice of nursing by an advanced registered nurse practitioner or an
				  advanced practice registered nurse licensed under Iowa Code chapter 152 or
				  152E. For purposes of this chapter, janitorial, housekeeping, laundry, and meal
				  preparation services are not considered direct services.
"Health care employment agency"
does not
				  include a recruitment firm that contracts with a health care entity to identify
				  and screen potential candidates for hire and does not provide agency workers
				  for temporary, temporary-to-hire, direct hire, or other contract or employee
				  placements in this state. "Health care employment agency" does not include a
				  group of physical therapists licensed under Iowa Code chapter 148A,
				  occupational therapists licensed under Iowa Code chapter 148B, or speech
				  pathologists or audiologists licensed under Iowa Code chapter 154F providing
				  services to a health care entity.
"Health care entity"
includes, but is not
				  limited to, any entities licensed or certified pursuant to Iowa Code chapters
				  135B (hospitals), 135C (health care facilities), 135G (subacute mental health
				  care facilities), 135H (psychiatric medical institutions for children), 135J
				  (licensed hospice programs), 231C (assisted living programs), and 231D (adult
				  day services) or any ambulatory surgical center, home health agency, hospice,
				  end-stage renal disease center, rural health clinic, or federally qualified
				  health care center certified by the Centers for Medicare and Medicaid
				  Services.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 55 - Health Care Employment Agencies › Rule 481-55.2 - Health Care Employment Agency Registration

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A health care
				employment agency operating in the state shall file a statement of registration
				and pay a registration fee in accordance with Iowa Code section 135Q.2(1) as
				enacted by 2022 Iowa Acts, House File 2521. A health care employment agency
				with multiple locations may complete one registration containing the
				information required in subrule 55.2(3) for each location and may remit one
				payment for the total registration fee required.
a. A health care employment agency in
				operation prior to July 1, 2022, shall register with the department no later
				than January 4, 2023.
b. A health
				care employment agency in operation on or after July 1, 2022, shall register
				with the department 30 days prior to operation.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 55 - Health Care Employment Agencies › Rule 481-55.3 - General Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
A health care employment agency shall adhere to all
				  requirements under Iowa Code section 135Q.2(2) as enacted by 2022 Iowa Acts,
				  House File 2521, and do all of the following:
(1)
Verification of employment
				standards.
A health care employment agency shall ensure that its
				agency workers comply with all applicable state and federal requirements under
				Iowa Code sections 135Q.2(2)
"a"
through
"c"
as enacted by 2022 Iowa Acts, House File 2521, including but not limited to the
				following:
a. The health care employment
				agency shall ensure completion of all requirements regarding criminal,
				dependent adult abuse, and child abuse record checks that would otherwise be
				the responsibility of the health care entity if the health care entity employed
				the agency worker directly;
b. The
				health care employment agency shall ensure completion of the physical
				examination and screening and testing for tuberculosis procedures that would
				otherwise be the responsibility of the health care entity if the health care
				entity employed the agency worker directly; and
c. The health care employment agency shall
				ensure that an agency worker has completed all education, training, and
				continuing education requirements for the agency worker's occupation and that
				the agency worker is in good standing with any minimum licensing or
				certification standards to appropriately engage in the workers'
				profession.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 55 - Health Care Employment Agencies › Rule 481-55.4 - Prohibitions

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A health
				care employment agency shall not restrict the employment opportunities of an
				agency worker in accordance with Iowa Code section 135Q.2(3) as enacted by 2022
				Iowa Acts, House File 2521.
(2)
				Subrule 55.4(1) shall not apply to a contract between a health care employment
				agency and a health care entity or a health care employment agency worker that
				meets all of the following criteria:
a. The
				contract is for the purpose of placing an agency worker the health care
				employment agency assisted in obtaining authorization to work in the United
				States;
b. The contract contains an
				initial contract term of no less than 24 months and has a total duration,
				including any renewals or extensions, of no longer than 36 months;
				and
c. The contract requires the
				agency worker to work at a single health care entity for the duration of the
				contract.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 55 - Health Care Employment Agencies › Rule 481-55.5 - Record Retention and Reporting

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Document retention.
A health care employment agency shall
				maintain documentation in its files regarding each agency worker's compliance
				with the minimum licensing, certification, training, health requirements, and
				continuing education standards as described in subrule 55.3(1). A health care
				employment agency shall provide copies of this documentation to a health care
				entity for a contracted agency worker upon request.
(2)
External reporting.
A
				health care employment agency shall report, file, or otherwise provide any
				required documentation pursuant to Iowa Code section
				135Q.2(2)
"c"
as enacted by 2022 Iowa Acts, House File 2521,
				including, but not limited to:
a. For any
				agency workers who are certified nurse aides, the health care employment agency
				shall report to the direct care worker registry completed work assignments of
				the agency worker sufficient to maintain an active status on the registry
				pursuant to requirements set forth in 441-subparagraph
				81.16(5)
"c"
(2), 441-paragraph 81.16(5)
"e,"
and
				42 CFR
				483.35(d)(6) and
				483.156(c)(2).
b. The health care employment agency shall
				report allegations of dependent adult abuse as set forth in subrule
				55.3(3).
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 55 - Health Care Employment Agencies › Rule 481-55.6 - Complaints

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 health care employment
				agency may file a complaint at the department's physical location, complaint
				hotline, or website, as follows:
Physical address:
Department of Inspections and Appeals
Complaint/Incident Unit
Lucas State Office Building, Third Floor
321 E. 12th Street
Des Moines, Iowa 50319-0083
Complaint hotline:
1-877-686-0027
Website address:
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 a health care employment agency, the
				agencies shall forward the complaint to the department.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 55 - Health Care Employment Agencies › Rule 481-55.7 - Investigations

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Initiation of investigations.
Investigations may be initiated
				because of a complaint or other information received by the department or upon
				referral from other agencies. If the department determines there is probable
				cause to believe that a health care employment agency is an unregistered health
				care employment agency or that a registered health care employment agency is
				not in compliance with state, federal, or local statutes or rules, an
				investigation shall be initiated.
(2)
Evaluation of allegations and
				referral to other agencies.
If an investigation is initiated, the
				department shall evaluate the allegations to determine whether the allegations
				should also be referred to other local, state, or federal agencies. If the
				department believes a criminal violation has occurred or is occurring, it shall
				notify the appropriate law enforcement entities.
(3)
Access to records.
An
				inspector of the department may enter a health care employment agency without a
				warrant and may examine and copy all records and items pertaining to the
				investigation unless the record or item is protected by some other legal
				privilege.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 55 - Health Care Employment Agencies › Rule 481-55.8 - Penalties

Current through Register Vol. 47, No. 3, July 24, 2024
A health care employment agency that violates Iowa Code
				  sections 135Q.2(1) through 135Q.2(3) as enacted by 2022 Iowa Acts, House File
				  2521, or rule 481-55.3 (89GA,HF2521) shall be subject to the associated
				  penalties under Iowa Code section 135Q.2(5) as enacted by 2022 Iowa Acts, House
				  File 2521.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 55 - Health Care Employment Agencies › Rule 481-55.9 - 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 the department's investigations;
c. Official notices of penalties;
				and
d. Any records required to be
				submitted to the department by the health care employment agency pursuant to
				Iowa Code section 135Q.2(4) as enacted by 2022 Iowa Acts, House File 2521, and
				subrule 55.5(3) (quarterly reporting to the department).
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 56 - Fining and Citations › Rule 481-56.1 - Authority for Citations

Current through Register Vol. 47, No. 3, July 24, 2024
Pursuant to the authority vested in the director of the
				  department of inspections and appeals to issue citations and assess penalties
				  for violations of the statutes or departmental rules relating to the health
				  care facilities, the following rules indicate the method by which citations may
				  be issued when a particular statute or departmental rule is violated by a
				  facility.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 56 - Fining and Citations › Rule 481-56.2 - Classification of Violations-classes

Current through Register Vol. 47, No. 3, July 24, 2024
There are three classifications for violations of statutes or
				  departmental rules which may result in the issuance of a citation by the
				  director of inspections and appeals and the assessment of a penalty
				  therefor
(1)
Class I.
A class I violation is one which presents an imminent danger or a
				substantial probability of resultant death or physical harm to the residents of
				the facility in which the violation occurs. A physical condition or one or more
				practices in a facility may constitute a class I violation;
(2)
Class II.
A class II
				violation is one that has a direct or immediate relationship to the health,
				safety, or security of residents of a health care facility, but which presents
				no imminent danger nor substantial probability of death or physical harm to
				them. A physical condition or one or more practices within a facility,
				including either physical abuse of any resident or failure to treat any
				resident with consideration, respect, and full recognition of the resident's
				dignity and individuality, in violation of a specific rule adopted by the
				department, may constitute a class II violation;
(3)
Class III.
A class III
				violation is one which is not classifiable in the department's rules nor
				classifiable under the criteria stated in those rules as a class I or class II
				violation.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 56 - Fining and Citations › Rule 481-56.3 - Fines

Current through Register Vol. 47, No. 3, July 24, 2024
Citations which are issued by the director of the department
				  of inspections and appeals for violations of the statutes or rules relating to
				  health care facilities will subject the facility to the following
				  penalties.
(1)
Citation for a
				class I violation.
The penalty shall not be less than $2,000 nor more
				than $10,000. The penalty for a class I violation shall be doubled when the
				violation is due to an intentional act by the facility in violation of a
				provision of Iowa Code chapter 135C or a rule adopted pursuant
				thereto.
(2)
Citation for a
				class II violation.
The penalty shall not be less than $100 nor more
				than $500. Using the criteria established in paragraph
				56.3(2)
"a,"
the director of the department of inspections and
				appeals may, upon written request, waive the penalty if the class II violation
				is corrected within the time specified in the citation. The director shall not
				waive penalties related to the items listed in subrule 56.3(4).
a.
Criteria for waiving the penalty
				for a class II violation.
The director shall consider the following
				criteria, among others, when deciding whether to grant a waiver of a class II
				penalty.
(1) The past history of the facility
				within the last 24 months of the violation as it relates to the nature of the
				violation;
(2) The rights of
				residents to make informed decisions with their doctor(s) and family/legal
				representative(s); and
(3) The
				financial hardship the fine will cause the facility.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 56 - Fining and Citations › Rule 481-56.4 - Time for Compliance

Current through Register Vol. 47, No. 3, July 24, 2024
Citations which are issued by the director of the department
				  of inspections and appeals for violations of the statutes or rules related to
				  health care facilities shall specify the length of time permitted for the
				  violation to be abated or eliminated, as follows:
(1)
Citation for a class I
				violation:
The violation shall be abated or eliminated immediately,
				unless the department determines that a stated period of time, specified in the
				citation, is required to correct the violation;
(2)
Citation for a class II
				violation:
The violation shall be corrected within a stated period of
				time determined by the department and specified in the citation. The stated
				period of time specified in the citation may subsequently be modified by the
				department for good cause shown;
(3)
Citation for a class III
				violation:
The violation shall be corrected within a reasonable time
				specified by the department in the citation.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 56 - Fining and Citations › Rule 481-56.5 - Failure to Correct a Violation Within the Time Specified-penalty

Current through Register Vol. 47, No. 3, July 24, 2024
Failure to correct any class of violation within the time
				  specified in the citation, unless the licensee shows that the failure was due
				  to circumstances beyond the licensee's control, shall subject the facility to a
				  further penalty of $50 for each day that the violation continues after the time
				  specified for correction.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 56 - Fining and Citations › Rule 481-56.6 - Treble and Double Fines

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Treble fines for repeated violations.
The director of the
				department of inspections and appeals shall treble the penalties specified in
				rule
				481-56.3 (135C) for any
				second or subsequent class I or class II violation occurring within any
				12-month period, if a citation was issued for the same class I or class II
				violation occurring within that period and a penalty was assessed
				therefor
(2)
Double fines
				for intentional class I violations.
The director of the department of
				inspections and appeals shall double the penalties specified in subrule 56.3(1)
				when the violation is due to an intentional act by the facility in violation of
				a provision of Iowa Code chapter 135C or rule adopted pursuant thereto.
a. For purposes of this subrule,
				"intentional" means doing an act voluntarily, not by mistake or accident, and
				doing the act with a specific purpose in mind.
b. The facts and circumstances surrounding
				the act shall be considered when determining whether the act was done
				intentionally.
c. It is assumed
				that a person intends the natural results of the person's act(s).
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 56 - Fining and Citations › Rule 481-56.7 - Notation of Classes of Violations

Current through Register Vol. 47, No. 3, July 24, 2024
All rules relating to health care facilities, other than
				  those which are informational in character, shall be followed by a notation at
				  the end of each rule, or pertinent part thereof. This notation shall consist of
				  a Roman numeral or numerals in parentheses. These Roman numerals refer to the
				  class (either class I, class II, or class III) of violation which may be cited
				  by the director of the department of inspections and appeals when that rule or
				  a part of that rule carrying the notation is violated by the
				  facility.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 56 - Fining and Citations › Rule 481-56.8 - Notation for More Than One Class of Violation

Current through Register Vol. 47, No. 3, July 24, 2024
In those instances where a particular rule, or part of a rule
				  is followed by a notation consisting of more than one Roman numeral in
				  parentheses, at the discretion of the director of the department of inspections
				  and appeals, the director may issue a citation for a violation of that rule, or
				  part thereof, designating any one of the multiple classes of violations
				  specified in the notation.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 56 - Fining and Citations › Rule 481-56.9 - Factors Determining Selection of Class of Violation

Current through Register Vol. 47, No. 3, July 24, 2024
In determining which class of violation will be designated in
				  the citation, where more than one class is specified in the notation following
				  the rule, the director of the department of inspections and appeals shall
				  consider evidence of the circumstances surrounding the violation, including,
				  but not limited to, the following factors:
(1) The frequency and length of time the
				violation occurred, i.e., whether the violation was an isolated or a widespread
				occurrence, practice, or condition;
(2) The past history of the facility within
				24 months of the violation as it relates to the nature of the
				violation;
(3) The culpability of
				the facility as it relates to the reasons the violation occurred;
(4) The extent of any harm to the residents
				or the effect on the health, safety, or security of the residents which
				resulted from the violation;
(5)
				The relationship of the violation to any other types of violations which have
				occurred in the facility;
(6) The
				actions of the facility after the occurrence of the violation, including when
				corrective measures, if any, were implemented and whether the facility notified
				the director as required;
(7) The
				accuracy and extent of records kept by the facility which relate to the
				violation, and the availability of such records to the department;
(8) The rights of residents to make informed
				decisions with their doctor(s) and family/legal representative(s);
				and
(9) Whether the facility made a
				good-faith effort to address a high-risk resident's specific needs, and whether
				the evidence substantiates this effort.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 56 - Fining and Citations › Rule 481-56.10 - Factors Determining Imposition of Citation and Fine

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The director of the department of
				inspections and appeals may consider evidence of the circumstances surrounding
				the violation including, but not limited to, those factors set out in rule
				481-56.9
				(135C) when:
a. Determining whether a
				violation will be subject to a fine or citation; and
b. Determining the monetary amount of the
				penalty to be specified in the citation, when such a fine is authorized to be
				levied for a particular class of violation.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 56 - Fining and Citations › Rule 481-56.11 - Class I Violation Not Specified in the Rules

Current through Register Vol. 47, No. 3, July 24, 2024
The director of the department of inspections and appeals may
				  issue a citation for a class I violation when a physical condition or one or
				  more practices exist in a facility which are not in violation of a specific
				  statute or rule, but which constitute an imminent danger or a substantial
				  probability of resultant death or physical harm to the residents of the
				  facility.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 56 - Fining and Citations › Rule 481-56.12 - Class I Violation as a Result of Multiple Lesser Violations

Current through Register Vol. 47, No. 3, July 24, 2024
The director of the department of inspections and appeals may
				  issue a citation for a class I violation when a physical condition or one or
				  more practices exist in a facility which are a result of multiple lesser
				  violations of the statutes or rules, but which taken as a whole constitute an
				  imminent danger or a substantial probability of resultant death or physical
				  harm to the residents of the facility.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 56 - Fining and Citations › Rule 481-56.13 - Form of Citations

Current through Register Vol. 47, No. 3, July 24, 2024
Each citation issued by the director of the department of
				  inspections and appeals shall contain the following information:
(1) A description of the nature of the
				violation;
(2) A statement of the
				Code section or subsection or the rule or standard violated. (In the case of
				class I violations as described in
				481-56.11
				(135C), a statement of the specific physical condition or one or more practices
				may be made in lieu of this statement.);
(3) A statement of the classification of the
				violation, as specified in
				481-56.2
				(135C);
(4) When appropriate, a
				statement of the period of time allowed for correction of the violation, which
				shall in each case be the shortest period of time the department deems
				feasible; and
(5) A statement that
				the fine may be reduced by 35 percent pursuant to Iowa Code section
				135C.43A
				and subrule 56.3(6).
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 56 - Fining and Citations › Rule 481-56.14 - Licensee's Response to a Citation

Current through Register Vol. 47, No. 3, July 24, 2024
Within 20 business days after service of a citation, the
				  facility shall respond in the following manner, according to the type of
				  citation issued.
(1) If the facility
				does not desire to seek an informal conference or contest the citation, the
				facility shall remit to the department of inspections and appeals the amount
				specified by the department of inspections and appeals in the citation unless:
a. The violation was issued in conjunction
				with a federal civil money penalty, and the department holds the fine issued
				pursuant to this chapter in abeyance pursuant to Iowa Code section 249A.57,
				or
b. The class II violation for
				which the penalty was imposed has been waived pursuant to subrule
				56.3(2).
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 56 - Fining and Citations › Rule 481-56.15 - Informal Conference

Current through Register Vol. 47, No. 3, July 24, 2024
An informal conference will be held concurrently with any
				  informal dispute resolution held pursuant to 42 CFR Section 488.331 for those
				  health care facilities certified under Medicare or the medical assistance
				  program.
(1)
Definition.
For purposes of these rules, "independent
				reviewer" means an attorney licensed in the state of Iowa who is not currently
				employed by the department, has not been employed by the department in the past
				eight years, and has not appeared in front of the department on behalf of a
				health care facility in the past eight years. Preference shall be given to an
				attorney with background knowledge, experience or training in long-term
				care.
(2)
Request for
				informal conference.
The request for an informal conference must be in
				writing, addressed to the compliance officer and include the following:
a. Identification of the citation(s) being
				disputed;
b. The type of informal
				conference requested: face-to-face or telephone conference; and
c. A request for surveyor worksheets for the
				citation(s) being disputed, if desired.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 56 - Fining and Citations › Rule 481-56.16 - Procedure for Facility After Informal Conference

Current through Register Vol. 47, No. 3, July 24, 2024
After the conclusion of an informal conference requested by
				  the licensee and provided pursuant to 56.14(3):
(1) If the facility does not desire to
				further contest an affirmed or modified citation for a class I, class II or
				class III violation, the facility shall, within five business days after the
				informal conference, or within five business days after receipt of the written
				decision and explanation of the independent reviewer, whichever occurs later,
				comply with the provisions of subrule 56.14(1).
(2) If the facility does desire to further
				contest an affirmed or modified citation for a class I, class II or class III
				violation, the facility shall, within five business days after receipt of the
				written explanation of the independent reviewer, notify the department of
				inspections and appeals in writing of the facility's intent to formally contest
				the citation.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 56 - Fining and Citations › Rule 481-56.17 - Formal Contest

Current through Register Vol. 47, No. 3, July 24, 2024
The procedures for contested cases, as set out in Iowa Code
				  chapter 17A, and the rules adopted by the department of inspections and appeals
				  shall be followed in all cases where proper notice has been made to the
				  department of inspections and appeals of the intent to formally contest any
				  citation.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 57 - Residential Care Facilities › Rule 481-57.2 - Waiver

Current through Register Vol. 47, No. 3, July 24, 2024
A waiver from these rules may be granted by the director of
				  the department in accordance with 481-Chapter 6. A request for waiver will be
				  granted or denied by the director within 120 calendar days of
				  receipt.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 57 - Residential Care Facilities › Rule 481-57.3 - Application for Licensure

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Application and licensing
-
new facility or change of
				ownership.
In order to obtain an initial residential care facility
				license for a facility not currently licensed as a residential care facility or
				for a residential care facility when a change of ownership is contemplated, the
				applicant must:
a. Make application at least
				30 days prior to the proposed opening date of the facility. Application shall
				be made on forms provided by the department.
b. Meet all of the rules, regulations, and
				standards contained in 481-Chapters 50, 57 and 60. Exceptions noted in
				481-subrule 60.3(2) shall not apply.
c. Submit a letter of intent and a written
				resume of care. The resume of care shall meet the requirements of subrule
				57.3(2).
d. Submit a floor plan of
				each floor of the residential care facility. The floor plan of each floor shall
				be drawn on 8
½"
x 11" paper, show room areas in
				proportion, room dimensions, window and door locations, designation of the use
				of each room, and the room numbers for all rooms, including
				bathrooms.
e. Submit a photograph
				of the front and side of the residential care facility.
f. Submit the statutory fee for a residential
				care facility license.
g. Comply
				with all other local statutes and ordinances in existence at the time of
				licensure.
h. Submit a certificate
				signed by the state or local fire inspection authority as to compliance with
				fire safety rules and regulations.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 57 - Residential Care Facilities › Rule 481-57.4 - Issuance of License

Current through Register Vol. 47, No. 3, July 24, 2024
Licenses are issued to the person, entity or governmental
				  unit with responsibility for the operation of the facility and for compliance
				  with all applicable statutes, rules and regulations.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 57 - Residential Care Facilities › Rule 481-57.5 - Licenses for Distinct Parts

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
				Separate licenses may be issued for distinct parts of a health care facility
				which are clearly identifiable, contain contiguous rooms, and provide separate
				categories of care and services.
(2) The following requirements shall be met
				for separate licensing of a distinct part:
a.
				The distinct part shall serve only residents who require the category of care
				and services immediately available to them within that part. (Ill)
b. The distinct part shall meet all the
				standards, rules, and regulations pertaining to the category for which a
				license is being sought.
c. The
				distinct part must be operationally and financially feasible.
d. Personal care staff with qualifications
				appropriate to the care and services being rendered must be regularly assigned
				and working in the distinct part under responsible management. (Ill)
e. Separately licensed distinct parts may
				have certain services such as management, building maintenance, laundry and
				dietary in common with each other.
This rule is intended to implement Iowa Code sections
				  135C.6(2)
				   andl35C14.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 57 - Residential Care Facilities › Rule 481-57.6 - Special Classifications

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Memory care.
a.
Designation and application.
A residential care facility may
				choose to care for residents who require memory care in a distinct part of the
				facility or designate the entire residential care facility as one that provides
				memory care. Residents in the memory care unit or facility shall meet the level
				of care requirements for a residential care facility. "Memory care" in a
				residential care facility means the care of persons with early Alzheimer's-type
				dementia or other disorders causing dementia. (I, II, III)
(1) Application for approval to provide this
				category of care shall be submitted by the licensee on a form provided by the
				department. (III)
(2) Plans to
				modify the physical environment shall be submitted to the department for review
				based on the requirements of 481-Chapter 60. (III)
(3) If the unit or facility is to be a locked
				unit or facility, all locking devices shall meet the Life Safety Code and any
				requirements of the state fire marshal. If the unit or facility is to be
				unlocked, a system of security monitoring is required. (I, II, III)
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 57 - Residential Care Facilities › Rule 481-57.7 - General Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
				The license shall be displayed in the facility in a conspicuous place which is
				accessible to the public. (Ill)
(2)
				The license shall be valid only in the possession of the licensee to whom it is
				issued.
(3) The posted license
				shall accurately reflect the current status of the residential care facility.
				(Ill)
(4) The license shall expire
				one year after the date of issuance or as indicated on the license.
(5) The licensee shall:
a. Assume the responsibility for the overall
				operation of the residential care facility. (I, II, III)
b. Be responsible for compliance with all
				applicable laws and with the rules of the department. (I, II, III)
c. Provide an organized continuous 24-hour
				program of care commensurate with the needs of the residents. (I, II,
				III)
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 57 - Residential Care Facilities › Rule 481-57.8 - Certified Volunteer Long-term Care Ombudsman Program

Current through Register Vol. 47, No. 3, July 24, 2024
A certified volunteer long-term care ombudsman appointed in
				  accordance with Iowa Code section
				  231.45
				  shall operate within the scope of the rules for volunteer ombudsmen promulgated
				  by the office of the long-term care ombudsman and the Iowa department on
				  aging.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 57 - Residential Care Facilities › Rule 481-57.9 - Required Notifications to the Department

Current through Register Vol. 47, No. 3, July 24, 2024
The department shall be notified:
(1) Thirty days before any proposed change in
				the residential care facility's functional operation or addition or deletion of
				required services; (III)
(2) Thirty
				days before the beginning of the renovation, addition, functional alteration,
				change of space utilization, or conversion in the residential care facility or
				on the premises; (III)
(3) Thirty
				days before closure of the residential care facility; (III)
(4) Within two weeks of any change in
				administrator; (III)
(5) Ninety
				days before a change in the category of license; (III)
(6) Thirty days before a change of ownership,
				the licensee shall:
a. Inform the department
				of the pending change of ownership; (III)
b. Inform the department of the name and
				address of the prospective purchaser, transferee, assignee, or lessee;
				(III)
c. Submit a written
				authorization to the department permitting the department to release all
				information of whatever kind from the department's files concerning the
				licensee's residential care facility to the named prospective purchaser,
				transferee, assignee, or lessee. (Ill)
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 57 - Residential Care Facilities › Rule 481-57.10 - Administrator

Current through Register Vol. 47, No. 3, July 24, 2024
Each residential care facility shall have one person in
				  charge, duly approved by the department or acting in a provisional capacity in
				  accordance with these rules. (Ill)
(1)
Qualifications of an administrator.
a. The administrator shall be at least 21
				years of age and shall have a high school diploma or equivalent. (Ill) In
				addition, this person shall meet at least one of the following conditions:
(1) Have a two-year degree in human services,
				psychology, sociology, nursing, health care administration, public
				administration, or a related field and have a minimum of two years' experience
				in the field; or (III)
(2) Have a
				four-year degree in human services, psychology, sociology, nursing, health care
				administration, public administration, or a related field and have a minimum of
				one year experience in the field; or (III)
(3) Have a master's degree in human services,
				psychology, sociology, nursing, health care administration, public
				administration, or a related field and have a minimum of one year experience in
				the field; or (III)
(4) Be a
				licensed nursing home administrator; or (III)
(5) Have completed a one-year educational
				training program approved by the department for residential care facility
				administrators; or (III)
(6) Have
				passed the National Association of Long Term Care Administrator Boards (NAB)
				RC/AL administrator licensure examination; or
(7) Have two years of direct care experience
				and at least six months of administrative experience in a residential care
				facility. (Ill)
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 57 - Residential Care Facilities › Rule 481-57.11 - Personnel

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Alcohol
				and drug use prohibited.
No person under the influence of intoxicating
				drugs or alcoholic beverages shall be permitted to provide services in a
				residential care facility. (I, II)
(2)
Job description.
There
				shall be a written job description developed for each category of worker. The
				job description shall include the job title, responsibilities and
				qualifications. (Ill)
(3)
Employee criminal record checks, child abuse checks and dependent adult
				abuse checks and employment of individuals who have committed a crime or have a
				founded abuse.
The facility shall comply with the requirements found
				in Iowa Code section
				135C.33
				as amended by 2014 Iowa Acts, chapter 1040, and rule
				481-50.9
				(135C) related to completion of criminal record checks, child abuse checks, and
				dependent adult abuse checks and to employment of individuals who have
				committed a crime or have a founded abuse. (I, II, III)
(4)
Personnel record.
A
				personnel record shall be kept for each employee and shall include but not be
				limited to the following information about the employee: name and address,
				social security number, date of birth, date of employment, position, experience
				and education, references, results of criminal record checks, child abuse
				checks and dependent adult abuse checks, and date of discharge or resignation.
				(Ill)
(5)
Supervision and
				staffing.
a. The facility shall
				provide sufficient staff to meet the needs of the residents served. (I, II,
				III)
b. Personnel in a residential
				care facility shall provide 24-hour coverage for residential care services.
				Personnel shall be awake at all times while on duty. (I, II, III)
c. Direct care staff shall be present in the
				facility unless all residents are involved in activities away from the
				facility. (I, II, III)
d. Staff
				shall be aware of and provide supervision levels based on the present needs of
				the residents in the staff's care. The facility shall document the supervision
				of residents who require more than general supervision, as defined by facility
				policy. (I, II, III)
e. The
				facility shall maintain an accurate record of actual hours worked by employees.
				(Ill)
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 57 - Residential Care Facilities › Rule 481-57.12 - General Policies

Current through Register Vol. 47, No. 3, July 24, 2024
The licensee shall establish and implement written policies
				  and procedures as set forth in this rule. The policies and procedures shall be
				  available for review by the department, other agencies designated by Iowa Code
				  section
				  135C.16(3),
				  staff, residents, residents' families or legal representatives, and the public
				  and shall be reviewed by the licensee annually. (II)
(1)
Facility operation.
The
				licensee shall establish written policies for the operation of the facility,
				including, but not limited to the following: (III)
a. Personnel; (III)
b. Admission; (III)
c. Evaluation services; (II, III)
d. Programming and individual program plans;
				(II, III)
e. Registered sex
				offender management; (II, III)
f.
				Crisis intervention; (II, III)
g.
				Discharge or transfer; (III)
h.
				Medication management, including self-administration of medications and
				chemical restraints; (III)
i.
				Resident property; (II, III)
j.
				Resident finances; (II, III)
k.
				Records; (III)
l. Health and
				safety; (II, III)
m. Nutrition;
				(III)
n. Physical facilities and
				maintenance; (III)
o. Resident
				rights; (II, III)
p. Investigation
				and reporting of alleged dependent adult abuse; (II, III)
q. Investigation and reporting of accidents
				or incidents; (II, III)
r.
				Transportation of residents; (II, III)
s. Resident supervision; (II, III)
t. Smoking; (III)
u. Visitors; (III)
v. Disaster/emergency planning; (III)
				and
w. Infection control.
				(Ill)
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 57 - Residential Care Facilities › Rule 481-57.13 - Admission, Transfer and Discharge

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General admission
				policies.
a. Residents shall be
				admitted to a residential care facility only on a written order signed by a
				primary care provider, specifying the level of care, and certifying that the
				individual being admitted requires no more than personal care and supervision
				and does not require routine nursing care. (II, III)
b. No residential care facility shall admit
				or retain a resident who is in need of greater services than the facility can
				provide. (I, II, III)
c. No
				residential care facility shall admit more residents than the number of beds
				for which the facility is licensed. (II, III)
d. A residential care facility is not
				required to admit an individual through court order, referral or other means
				without the express prior approval of the administrator. (Ill)
e. The admission of a resident shall not
				grant the residential care facility the authority or responsibility to manage
				the personal affairs of the resident except as may be necessary for the safety
				of the resident and the safe and orderly management of the residential care
				facility as required by these rules. (Ill)
f. Individuals under the age of 18 shall not
				be admitted to a residential care facility without prior written approval by
				the department. A distinct part of a residential care facility, segregated from
				the adult section, may be established based on a resume of care that is
				submitted by the licensee or applicant and is commensurate with the needs of
				the residents of the residential care facility and that has received the
				department's review and approval. (Ill)
g. No health care facility and no owner,
				administrator, employee or representative thereof shall act as guardian,
				trustee, or conservator for any resident's property unless such resident is
				related within the third degree of consanguinity to the person acting as
				guardian. (Ill)
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 57 - Residential Care Facilities › Rule 481-57.14 - Involuntary Discharge or Transfer

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Involuntary discharge or transfer
				permitted.
A facility may involuntarily discharge or transfer a
				resident for only one of the following reasons:
a. Medical reasons;
b. The resident's welfare or that of other
				residents;
c. Repeated refusal by
				the resident to participate in the resident's service plan;
d. Due to action pursuant to Iowa Code
				chapter 229; or
e. Nonpayment for
				the resident's stay, as described in the residency agreement for the resident's
				stay.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 57 - Residential Care Facilities › Rule 481-57.16 - Medical Examinations

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
				Each resident in a residential care facility shall have a designated primary
				care provider who may be contacted when needed. (II, III)
(2) Each resident admitted to a residential
				care facility shall have a physical examination prior to admission. (II, III)
a. If the resident is admitted directly from
				a hospital, a copy of the hospital admission physical and discharge summary may
				be a part of the record in lieu of an additional physical examination. A record
				of the examination, signed by the primary care provider, shall be a part of the
				resident's record. (II, III)
b. The
				record of the admission physical examination and medical history shall portray
				the current medical status of the resident and shall include the resident's
				name, sex, age, medical history, physical examination, diagnosis, statement of
				medical concerns, diet, and results of any diagnostic procedures. (II,
				III)
c. Screening and testing for
				tuberculosis shall be conducted pursuant to 481-Chapter 59. (I, II,
				III)