reglab/statecodes huggingface dataset:
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 481-67.20 - Emergency Removal of Tenants

Current through Register Vol. 47, No. 3, July 24, 2024
If the department determines that the health or safety of
				  tenants is in jeopardy and the tenants need to be removed from the program, the
				  department shall use the following procedures to ensure a safe and orderly
				  transfer.
(1) The department shall
				notify the department of human services, the tenant advocate, the appropriate
				area agency on aging, and other agencies as necessary and appropriate:
a. To alert them to the need to transfer
				tenants from a program;
b. To
				request assistance in identifying alternative programs or other appropriate
				settings; and
c. To contact the
				tenants and their legal representatives or family members, if applicable, and
				others as appropriate, including health care professionals.
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 481-67.21 - Nursing Assistant Work Credit

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A person who is certified as a nursing
				assistant, including a medication aide, and who is supervised by a registered
				nurse may submit information to the department to obtain credit toward
				maintaining certification for working in a program. A program may add an
				employee to the direct care worker registry by calling (515)281-4077 or by
				registering through the health facilities division Web site at
https://dia-hfd.iowa.gov/DIA_HFD/Home.do
,
				under the "Documents" tab.
(2) A
				program shall complete and submit to the department a direct care worker
				registry application for each certified nursing assistant who works in the
				program. A registered nurse employed by the program shall supervise the nursing
				assistant. The application may be obtained by telephone at (515)281-4077 or via
				the health facilities division Web site at
https://dia-hfd.iowa.gov/DIA_HFD/Home.do
,
				under the "Documents" tab.
(3) A
				program shall complete and submit to the department a direct care worker
				registry quarterly employment report whenever a change in the employment of a
				certified nursing assistant occurs. The report form may be obtained by
				telephone at (515)281-4077 or via the health facilities division Web site at
https://dia-hfd.iowa.gov/DIA_HFD/Home.do
, under the "Documents" tab.
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 481-67.22 - Public or Confidential Information

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Public information.
a.
Public disclosure of
				findings.
The program shall post a notice stating that copies of the
				final report resulting from a monitoring are available via the department's
				website at
dia-hfd.iowa.gov/DIAHFD/Home.do
. The
				program shall post the notice in a prominent location on the premises of the
				program. Copies shall also be available upon request from the Department of
				Inspections and Appeals, Adult Services Bureau, Lucas State Office Building,
				321 E. 12th Street, Des Moines, Iowa 50319-0083; telephone
				(515)281-6325.
b.
Open
				records.
The following records are open records available for
				inspection:
(1) Certification applications,
				certification status, and accompanying materials;
(2) Final findings of state monitorings,
				including a monitoring that results from a complaint or program-reported
				incident;
(3) Reports from the
				state fire marshal;
(4) Plans of
				correction submitted by a program;
(5) Official notices of certification
				sanctions, including enforcement actions;
(6) Findings of fact, conclusions of law,
				decisions and orders issued pursuant to rules
				481-67.10 (17A,231B,231C,231D)
				and 481-67.13(17A,231B, 231C,231D);
(7) Waivers, including the department's
				approval and denial letter and any letter requesting the
				waiver.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 68 - Elder Group Homes › Rule 481-68.2 - Program Certification and Posting Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Certification requirements.
				A
program may obtain certification by meeting all applicable
				requirements. For the purpose of these rules, certification is equivalent to
				licensure.
(2)
Posting
				requirements. A
program's current certificate shall be visibly
				displayed within the designated operation area of the program. In addition, the
				latest monitoring report, state fire marshal report, and food establishment
				inspections report issued pursuant to Iowa Code chapter 137F shall be made
				available to the public by the program upon request.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 68 - Elder Group Homes › Rule 481-68.3 - Certification-application Process

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
				applicant shall complete an application packet obtained from the department.
				Application materials may be obtained from the health facilities division Web
				site at
https://dia-hfd.iowa.gov/DIA_HFD/Home.do
;
				by mail from the Department of Inspections and Appeals, Adult Services Bureau,
				Lucas State Office Building, Third Floor, 321 E. 12th Street, Des Moines, Iowa
				50319-0083; or by telephone at (515)281-6325.
(2) The applicant shall submit one copy of
				the completed application and all supporting documentation to the department at
				the above address at least 90 calendar days prior to the expected date of
				beginning operation.
(3) The
				appropriate fee as stated in Iowa Code section 23 IB. 17 shall accompany each
				application and be payable by check or money order to the Department of
				Inspections and Appeals. Fees are nonrefundable.
(4) The department shall consider the
				application when all supporting documents and fees are received.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 68 - Elder Group Homes › Rule 481-68.4 - Certification-application Content

Current through Register Vol. 47, No. 3, July 24, 2024
An application for certification or recertification of an EGH
				  shall include the following:
(1) A list
				that includes the names, addresses, and percentage of stock, shares,
				partnership or other equity interest of all officers, members of the board of
				directors and trustees, as well as stockholders, partners or any individuals
				who have greater than a 10 percent equity interest in each of the following, as
				applicable:
a. The real estate owner or
				lessor;
b. The lessee;
				and
c. The management company
				responsible for the day-to-day operation of the program.
The program shall notify the department of any changes in the
				  list no later than ten working days after the effective date of the
				  change.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 68 - Elder Group Homes › Rule 481-68.5 - Initial Certification Process

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Upon receipt of all completed
				documentation, including state fire marshal approval and structural and
				evacuation review approval, the department shall determine whether or not the
				proposed program meets applicable requirements.
(2) If, based upon the review of the complete
				application including all required supporting documents, the department
				determines the proposed program meets the requirements for certification, a
				provisional certification shall be issued to the program to begin operation and
				accept tenants.
(3) Within 180
				calendar days following issuance of provisional certification, the department
				shall conduct a monitoring to determine the program's compliance with
				applicable requirements.
(4) If a
				regulatory insufficiency is identified as a result of the monitoring, the
				process in rule
				481-67.10
				(17A,231B,231C,231D) shall be followed.
(5) The department shall make a final
				certification decision based on the results of the monitoring and review of an
				acceptable plan of correction.
(6)
				The department shall notify the program of a final certification decision
				within 10 working days following the finalization of the monitoring report or
				receipt of an acceptable plan of correction, whichever is applicable.
(7) If the decision is to continue
				certification, the department shall issue a full two-year certification
				effective from the date of the original provisional certification.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 68 - Elder Group Homes › Rule 481-68.6 - Expiration of Program Certification

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Unless conditionally issued, suspended or
				revoked, certification of a program shall expire at the end of the time period
				specified on the certificate.
(2)
				The department shall send recertification application materials to each program
				at least 120 calendar days prior to expiration of the program's
				certification.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 68 - Elder Group Homes › Rule 481-68.7 - Recertification Process

Current through Register Vol. 47, No. 3, July 24, 2024
To obtain recertification, a program shall:
(1) Submit one copy of the completed
				application, including the information required in rule
				481-68.4
				(231B), associated documentation, and the recertification fee as listed in Iowa
				Code section
				231B.17
				to the department at the address stated in subrule 68.3(1) at least 90 calendar
				days prior to the expiration of the program's certification. The program need
				not submit policies and procedures that have been previously submitted to the
				department and remain unchanged. The program shall provide a list of the
				policies and procedures that have been previously submitted and are not being
				resubmitted.
(2) Submit additional
				documentation that each of the following has been inspected and found to be
				maintained in conformance with the manufacturer's recommendations and
				nationally recognized standards: heating system, cooling system, water heater,
				electrical system, plumbing, sewage system, artificial lighting, and
				ventilation system; and, if located on site, garbage disposal, kitchen
				appliances, washing machines and dryers, and elevators.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 68 - Elder Group Homes › Rule 481-68.8 - Notification of Recertification

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
				The department shall review the application and associated documentation and
				fees. If the application is incomplete, the department shall contact the
				program to request the additional information. After all finalized
				documentation is received, including state fire marshal approval, the
				department shall determine the program's compliance with applicable
				requirements.
(2) The department
				shall conduct a monitoring of the program between 60 and 90 days prior to
				expiration of the program's certification.
(3) If a regulatory insufficiency is
				identified as a result of the monitoring, the process in rule
				481-67.10
				(17A,231B,231C,231D) shall be followed.
(4) If no regulatory insufficiency is
				identified as a result of the monitoring, the department shall issue a report
				of the findings with the final recertification decision.
(5) If the decision is to recertify, the
				department shall issue the program a two-year certification effective from the
				date of the expiration of the previous certification.
(6) If the decision is to deny
				recertification, the department shall issue a notice of denial and provide the
				program the opportunity for a hearing pursuant to rule
				481-67.13
				(17A,231B,231C,231D).
(7) If the
				department is unable to recertify a program through no fault of the program,
				the department shall issue to the program a time-limited extension of
				certification of no longer than one year
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 68 - Elder Group Homes › Rule 481-68.9 - Listing of All Certified Programs

Current through Register Vol. 47, No. 3, July 24, 2024
The department shall maintain a list of all certified
				  programs, which is available online at
https://dia-hfd.iowa.gov/DIA_HFD/Home.do
,
				  under the "Entities Book" tab.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 68 - Elder Group Homes › Rule 481-68.10 - Change of Ownership-notification to the Department

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Certification, unless conditionally
				issued, suspended or revoked, may be transferable. If the program's
				certification has been conditionally issued, the department must approve a
				change of ownership prior to the transfer of the certification.
(2) In order to transfer certification, the
				applicant must:
a. Meet the requirements of
				the rules, regulations and standards contained in Iowa Code chapter 23 IB and
				481-Chapter 67 and this chapter; and
b. At least 30 days prior to the change of
				ownership of the program, make application on forms provided by the
				department.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 68 - Elder Group Homes › Rule 481-68.11 - Cessation of Program Operation

Current through Register Vol. 47, No. 3, July 24, 2024
(1) If a certified program ceases operation,
				which includes seeking decertification, at any time prior to expiration of the
				program's certification, the program shall submit the certificate to the
				department. The program shall provide, at least 90 days in advance of
				cessation, which includes seeking decertification, unless there is some type of
				emergency, written notification to the department and the tenant advocate of
				the date on which the program will cease operation, which includes seeking
				decertification.
(2) If a certified
				program plans to cease operation, which includes seeking decertification, at
				the time the program's certification expires, the program shall provide written
				notice of this fact to the department and the tenant advocate at least 90 days
				prior to expiration of the certification.
(3) At the time a program decides to cease
				operation, which includes seeking decertification, the program shall submit a
				plan to the department and make arrangements for the safe and orderly transfer
				or transition of all tenants within the 90-day period specified by subrule
				68.11(2).
(4) The department may
				conduct a monitoring during the 90-day period to ensure the safety of tenants
				during the transfer process or transition process.
(5) The department may conduct an on-site
				visit to verify that the program has ceased operation as a certified program in
				accordance with the notice provided by the program.
(6) When a program ceases operation, which
				includes seeking decertification, tenant advocates shall be allowed by the
				program to privately meet with tenants to provide education and service
				options.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 68 - Elder Group Homes › Rule 481-68.12 - Occupancy Agreement

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
				occupancy agreement shall be in 12-point type or larger, shall be written in
				plain language using commonly understood terms and shall be easy for the tenant
				or the tenant's legal representative to understand.
(2) In addition to the requirements of Iowa
				Code section 23 IB.5, the written occupancy agreement shall include, but not be
				limited to, the following information in the body of the agreement or in the
				supporting documents and attachments:
a. The
				telephone number for filing a complaint with the department.
b. The telephone number for the office of the
				tenant advocate.
c. The telephone
				number for reporting dependent adult abuse.
d. A copy of the program's statement on
				tenants' rights.
e. A statement
				that the program will notify the tenant at least 90 days in advance of any
				planned program cessation, which includes voluntary decertification, except in
				cases of emergency.
f. A copy of
				the program's admission and transfer criteria.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 68 - Elder Group Homes › Rule 481-68.13 - Evaluation of Tenant

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Evaluation prior to occupancy. A
program shall evaluate each
				prospective tenant's functional, cognitive and health status prior to the
				tenant's signing the occupancy agreement and becoming a household occupant to
				determine the tenant's eligibility for the program, including whether the
				services needed are available. The cognitive evaluation shall utilize a scored,
				objective tool. When the score from the cognitive evaluation indicates moderate
				cognitive decline and risk, the Global Deterioration Scale shall be used at all
				subsequent intervals, if applicable. If the tenant subsequently returns to the
				tenant's mildly cognitively impaired state, the program may discontinue the GDS
				and revert to a scored cognitive screening tool. The evaluation shall be
				conducted by a health care professional or human service
				professional.
(2)
Evaluation within 30 days of occupancy and with significant
				change.
A program shall evaluate each tenant's functional, cognitive
				and health status within 30 days of occupancy. A program shall also evaluate
				each tenant's functional, cognitive and health status as needed with
				significant change, but not less than annually, to determine the tenant's
				continued eligibility for the program and to determine any changes to services
				needed. The evaluation shall be conducted by a health care professional or
				human service professional. A licensed practical nurse may complete the
				evaluation via nurse delegation when the tenant has not exhibited a significant
				change.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 68 - Elder Group Homes › Rule 481-68.14 - Criteria for Admission and Retention of Tenants

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Persons who may not be admitted
				or retained. A
program shall not knowingly admit or retain a tenant
				who:
a. Is bed-bound; or
b. Requires routine, one-person assistance
				with standing, transfer or evacuation; or
c. Is dangerous to self or other tenants or
				staff, including but not limited to a tenant who:
(1) Despite intervention chronically elopes,
				is sexually or physically aggressive or abusive, or displays unmanageable
				verbal abuse or aggression; or
(2)
				Displays behavior that places another tenant at risk; or
d. Is in an acute stage of alcoholism, drug
				addiction, or uncontrolled mental illness; or
e. Is under the age of 18; or
f. Requires more than part-time or
				intermittent health-related care; or
g. Has unmanageable incontinence on a routine
				basis despite an individualized toileting program; or
h. Is medically unstable; or
i. Requires maximal assistance with
				activities of daily living; or
j.
				Is physically or mentally unable to immediately and without aid of another
				travel a normal path to safety, including the ascent and descent of stairs from
				the tenant's bedroom or bathroom.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 68 - Elder Group Homes › Rule 481-68.15 - Involuntary Transfer From the Program

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Program initiation of
				transfer
If a program initiates the involuntary transfer of a tenant
				and the action is not the result of a monitoring, including a complaint
				investigation or program-reported incident investigation, by the department and
				if the tenant or tenant's legal representative contests the transfer, the
				following procedures shall apply:
a. The
				program shall notify the tenant or tenant's legal representative, in accordance
				with the occupancy agreement, of the need to transfer the tenant and of the
				reason for the transfer and shall include the contact information for the
				tenant advocate.
b. The program
				shall immediately provide to the tenant advocate, by certified mail, a copy of
				the notification and notify the tenant's treating physician, if any.
c. Pursuant to statute, the tenant advocate
				shall offer the notified tenant or tenant's legal representative assistance
				with the program's internal appeal process. The tenant or tenant's legal
				representative is not required to accept the assistance of the tenant
				advocate.
d. If, following the
				internal appeal process, the program upholds the transfer decision, the tenant
				or tenant's legal representative may utilize other remedies authorized by law
				to contest the transfer
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 68 - Elder Group Homes › Rule 481-68.16 - Tenant Documents

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
				Documentation for each tenant shall be maintained by the program and shall
				include:
a. An occupancy record including the
				tenant's name, birth date, and home address; identification numbers; date of
				beginning participation; name, address and telephone number of health
				professional(s); diagnosis; and names, addresses and telephone numbers of
				family members, friends or other designated people to contact in the event of
				illness or an emergency;
b.
				Application forms;
c. The initial
				evaluations and updates;
d. A
				nutritional assessment as necessary;
e. The initial individual service plan and
				updates;
f. Signed authorizations
				for permission to release medical information, photographs, or other media
				information as necessary;
g. A
				signed authorization for the tenant to receive emergency medical care as
				necessary;
h. A signed managed risk
				policy and signed managed risk consensus agreements, if any;
i. When any personal or health-related care
				is delegated to the program, the medical information sheet; documentation of
				health professionals' orders, such as those for treatment, therapy, and
				medication; and nurses' notes written by exception;
j. Medication lists, which shall be
				maintained in conformance with 481-paragraph 67.5(2)
"d";
k. Advance health care directives
				as applicable;
l. A complete copy of
				the tenant's occupancy agreement, including any updates;
m. A written acknowledgment that the tenant
				or the tenant's legal representative, if applicable, has been fully informed of
				the tenant's rights;
n. A copy of
				guardianship, durable power of attorney for health care, power of attorney, or
				conservatorship or other documentation of a legal representative;
o. Incident reports involving the tenant,
				including but not limited to those related to medication errors, accidents,
				falls, and elopements (such reports shall be maintained by the program but need
				not be included in the tenant's medical record);
p. A copy of waivers of admission or
				retention criteria, if any;
q. When
				the tenant is unable to advocate on the tenant's own behalf or the tenant has
				multiple service providers, including hospice care providers, accurate
				documentation of the completion of routine personal or health-related care is
				required on task sheets. If tasks are doctor-ordered, the tasks shall be part
				of the medication administration records (MARs); and
r. Authorizations for the release of
				information, if any.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 68 - Elder Group Homes › Rule 481-68.17 - Service Plans

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A service
				plan shall be developed for each tenant based on the evaluations conducted in
				accordance with subrules 68.13(1) and 68.13(2) and shall be designed to meet
				the specific service needs of the individual tenant. The service plan shall
				subsequently be updated at least annually and whenever changes are
				needed.
(2) Prior to the tenant's
				signing the occupancy agreement and becoming a household occupant, a
				preliminary service plan shall be developed by a health care professional or
				human service professional in consultation with the tenant and, at the tenant's
				request, with other individuals identified by the tenant, and, if applicable,
				with the tenant's legal representative. All persons who develop the plan and
				the tenant or the tenant's legal representative shall sign the plan.
(3) When a tenant needs personal care or
				health-related care, the service plan shall be updated within 3 0 days of the
				tenant's occupancy and as needed with significant change, but not less than
				annually.
a. If a significant change triggers
				the review and update of the service plan, the updated service plan shall be
				signed and dated by all parties.
b.
				If a significant change does not exist, the program may, after nurse review,
				add minor discretionary changes to the service plan without a comprehensive
				evaluation and without obtaining signatures on the service plan.
c. If a significant change relates to a
				recurring or chronic condition, a previous evaluation and service plan of the
				recurring condition may be utilized without new signatures being obtained. For
				example, with chronic exacerbation of a urinary tract infection, nurse review
				is adequate to institute the previously written evaluation and service
				plan.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 68 - Elder Group Homes › Rule 481-68.18 - Nurse Review

Current through Register Vol. 47, No. 3, July 24, 2024
If a tenant does not receive personal or health-related care,
				  but an observed significant change in the tenant's condition occurs, a nurse
				  review shall be conducted. If a tenant receives personal or health-related
				  care, the program shall provide for a registered nurse or a licensed practical
				  nurse via nurse delegation:
(1) To
				monitor, at least every 90 days, or after a significant change in the tenant's
				condition, any tenant who receives program-administered prescription
				medications for adverse reactions to the medications and to make appropriate
				interventions or referrals, and to ensure that the prescription medication
				orders are current and that the prescription medications are administered
				consistent with such orders; and
(2) To ensure that health care professionals'
				orders are current for tenants who receive health care professional-directed
				care from the program; and
(3) To
				assess and document the health status of each tenant, to make recommendations
				and referrals as appropriate, and to monitor progress relating to previous
				recommendations at least every 90 days and whenever there are changes in the
				tenant's health status; and
(4) To
				provide the program with written documentation of the activities under the
				service plan, as set forth in rule
				481-68.17 (231B),
				showing the time, date and signature.
Note : Refer to Table A at the end of this chapter If the
				  program does not provide personal or health-related care to a tenant, nurse
				  review is not required.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 68 - Elder Group Homes › Rule 481-68.19 - Staffing

Current through Register Vol. 47, No. 3, July 24, 2024
In addition to the general starring requirements in rule
				  481-67.9
				  (231B,231C,231D), the following requirements apply to staffing in
				  programs.
(1) The program shall be
				staffed by an on-site manager 24 hours per day, seven days per week.
(2) Personal care providers shall have
				completed, at minimum, a home care aide training program that meets the
				requirements and criteria established in 641-Chapter 80.
(3) The owner or management corporation of
				the program is responsible for ensuring that all personnel employed by or
				contracting with the program receive training appropriate to assigned tasks and
				target population.
(4) Personal
				care providers and nursing staff may be employed by the program or obtained
				through a contract with a home health agency or other service provider.
				Regardless of the source, the staff must meet all applicable
				requirements.
(5) The program shall
				notify the department in writing within ten business days of a change in the
				program's manager.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 68 - Elder Group Homes › Rule 481-68.20 - Managed Risk Policy and Managed Risk Consensus Agreements

Current through Register Vol. 47, No. 3, July 24, 2024
The program shall have a managed risk policy. The managed
				  risk policy shall be provided to the tenant along with the occupancy agreement.
				  The managed risk policy shall include the following:
(1) An acknowledgment of the shared
				responsibility for identifying and meeting the needs of the tenant and the
				process for managing risk and for upholding tenant autonomy when tenant
				decision making results in poor outcomes for the tenant or others;
				and
(2) A consensus-based process
				to address specific risk situations. Program staff and the tenant shall
				participate in the process. The result of the consensus-based process may be a
				managed risk consensus agreement. The managed risk consensus agreement shall
				include the signature of the tenant and the signatures of all others who
				participated in the process. The managed risk consensus agreement shall be
				included in the tenant's file.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 68 - Elder Group Homes › Rule 481-68.21 - Transportation

Current through Register Vol. 47, No. 3, July 24, 2024
When transportation services are provided directly or under
				  contract with the program:
(1) The
				vehicle shall be accessible and appropriate to the tenants who use it, with
				consideration for any physical disabilities and impairments.
(2) Every tenant transported shall have a
				seat in the vehicle, except for a tenant who remains in a wheelchair during
				transport.
(3) Vehicles shall have
				adequate seat belts and securing devices for ambulatory and wheelchair-using
				passengers.
(4) Wheelchairs shall
				be secured when the vehicle is in motion.
(5) During loading and unloading of a tenant,
				the driver shall be in the proximate area of the tenants in a
				vehicle.
(6) The driver shall have
				a valid and appropriate Iowa driver's license or commercial driver's license as
				required by law for the vehicle being utilized for transport. If the driver is
				licensed in another state, the license shall be valid and appropriate for the
				vehicle being utilized for transport. The driver shall meet any state or
				federal requirements for licensure or certification for the vehicle
				operated.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 68 - Elder Group Homes › Rule 481-68.22 - Identification of Veteran's Benefit Eligibility

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Within 30 days of a tenant's
				participation in an elder group home that receives reimbursement through the
				medical assistance program under Iowa Code chapter 249A, the program shall ask
				the tenant or the tenant's personal representative whether the tenant is a
				veteran or whether the tenant is the spouse, widow, or dependent of a veteran
				and shall document the response.
(2) If the program determines that the tenant
				may be a veteran or the spouse, widow, or dependent of a veteran, the program
				shall report the tenant's name along with the name of the veteran, if
				applicable, as well as the name of the contact person for this information, to
				the Iowa department of veterans affairs. When appropriate, the program may also
				report such information to the Iowa department of human services.
(3) If a tenant is eligible for benefits
				through the U.S. Department of Veterans Affairs or other third-party payor, the
				program first shall seek reimbursement from the identified payor source before
				seeking reimbursement from the medical assistance program established under
				Iowa Code chapter 249A.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 68 - Elder Group Homes › Rule 481-68.23 - Resident Advocate Committees

Current through Register Vol. 47, No. 3, July 24, 2024
Resident advocate committees for EGHs shall be governed by
				  321-Chapter 9 unless otherwise required in this chapter
(1)
Committee placement. A
resident advocate committee shall be established by the commission on aging for
				each program certified in accordance with this chapter
(2)
Committee visitations.
The committee shall visit the program assigned to it within one month of the
				admission of the first tenant as well as a minimum of once and maximum of four
				times annually thereafter
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 68 - Elder Group Homes › Rule 481-68.24 - Life Safety-emergency Policies and Procedures and Structural Safety Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
				The program shall submit to the department and follow written emergency
				policies and procedures, which shall include the following:
a. An emergency plan, which shall include
				procedures for natural disasters (identify where the plan is located for easy
				reference);
b. Fire safety
				procedures;
c. Other general or
				personal emergency procedures;
d.
				Provisions for amending or revising the emergency plan;
e. Provisions for periodic training of all
				employees;
f.Procedures for fire
				drills;
g. Regulations regarding
				smoking;
h. Monitoring and testing
				of smoke-control systems;
i. Tenant
				evacuation procedures; and
j.
				Procedures for reporting and documentation.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 68 - Elder Group Homes › Rule 481-68.25 - Structural Standards

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
				EGH shall be safe, sanitary, well-ventilated, and properly lighted, heated, and
				cooled; and shall comply with all applicable state and local housing ordinances
				for family residences and with fire safety rules promulgated by the state fire
				marshal.
(2) In addition to meeting
				the requirements in subrule 68.25(1), the EGH shall meet the following
				standards:
a.
General.
(1) The home, furnishings and fixtures shall
				be clean, in good repair and appropriate for the tenants.
(2) Stairways shall have handrails of a
				circumference, length, texture, strength and stability that can reasonably be
				expected to provide tenant support.
(3) A functioning light shall be provided in
				each room, stairway and exit; all light bulbs shall be protected from breakage
				or removal with appropriate covers.
(4) The yard, fire exits and exterior steps
				shall be kept free of obstructions and shall be accessible and appropriate to
				the condition of the tenants.
(5)
				There shall be at least 150 square feet of common living space and sufficient
				furniture in the home to accommodate the recreational and socialization needs
				of all the tenants at one time; common space shall not be located in the
				basement or garage, unless such space was constructed for that purpose.
				Additional common living space may be required if wheelchairs, walkers or other
				durable medical equipment is to be accommodated. For an EGH constructed or
				remodeled after July I, 2005, there shall be 300 square feet of usable floor
				space.
(6) Interior and exterior
				doorways used by tenants shall be wide enough to accommodate wheelchairs and
				walkers if tenants with impaired mobility are in residence.
(7) Hot and cold water at each tub, shower,
				and sink shall be in sufficient supply to meet the needs of the tenants and
				staff.
(8) Grab bars shall be
				present for each toilet, tub and shower Access to toilet and bathing facilities
				shall be barrier-free. Toilet and bathing facilities shall provide individual
				privacy.
(9) A telephone shall be
				available and accessible for tenants' use in a manner that allows for privacy
				for all calls.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 69 - Assisted Living Programs › Rule 481-69.2 - Program Certification

Current through Register Vol. 47, No. 3, July 24, 2024
A program may obtain certification by meeting all applicable
				  requirements. In addition, a program may be voluntarily accredited by a
				  recognized accreditation entity. For the purpose of these rules, certification
				  is equivalent to licensure.
(1)
Posting requirements.
A program's current certificate shall be
				visibly displayed within the designated operation area of the program. In
				addition, the latest monitoring report, state fire marshal report, and food
				establishment inspections report issued pursuant to Iowa Code chapter 137F
				shall be made available to the public by the program upon request.
(2)
Dementia-specific programs and
				door alarms.
If a program meets the definition of a dementia-specific
				assisted living program during two sequential certification monitorings, the
				program shall meet all requirements for a dementia-specific program, including
				the requirements set forth in rule
				481-69.30 (231C), subrules
				69.29(2) and 69.29(4), paragraph 69.35(1) "J, " and subrules 69.32(2) and
				69.32(3), which include the requirements relating to door alarms and
				specialized locking systems, within 90 days of receiving the final report from
				the second sequential certification monitoring.
(3)
Dementia-specific program by
				definition.
If a program meets the definition of a dementia-specific
				assisted living program during two sequential certification monitorings based
				on the number of tenants served who have dementia between Stages 4 and 7 on the
				Global Deterioration Scale, the program shall be deemed a dementia-specific
				program by definition. If the number of tenants served who have dementia
				between Stages 4 and 7 on the Global Deterioration Scale goes below that which
				is required by the definition of dementia-specific program at any time after
				the program has been deemed dementia-specific by definition and the program is
				not holding itself out as providing dementia care in a specialized setting, the
				program will no longer be considered dementia-specific.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 69 - Assisted Living Programs › Rule 481-69.3 - Certification of a Nonaccredited Program-application Process

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The applicant shall complete an
				application packet obtained from the department. Application materials may be
				obtained from the health facilities division Web site at
https://dia-hfd.iowa.gov/DIA_HFD/Home.do
;
				by mail from the Department of Inspections and Appeals, Adult Services Bureau,
				Lucas State Office Building, Third Floor, 321 E. 12th Street, Des Moines, Iowa
				50319-0083; or by telephone at (515)281-6325.
(2) The applicant shall submit one copy of
				the completed application and all supporting documentation to the department at
				the above address at least 90 calendar days prior to the expected date of
				beginning operation.
(3) The
				appropriate fee as stated in Iowa Code section
				231C.18
				shall accompany each application and be payable by check or money order to the
				Department of Inspections and Appeals. Fees are nonrefundable.
(4) The department shall consider the
				application when all supporting documents and fees are received.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 69 - Assisted Living Programs › Rule 481-69.4 - Nonaccredited Program-application Content

Current through Register Vol. 47, No. 3, July 24, 2024
An application for certification or recertification of a
				  nonaccredited program shall include the following:
(1) A list that includes the names,
				addresses, and percentage of stock, shares, partnership or other equity
				interest of all officers, members of the board of directors and trustees, as
				well as stockholders, partners or any individuals who have greater than a 10
				percent equity interest in each of the following, as applicable:
a. The real estate owner or lessor;
b. The lessee; and
c. The management company responsible for the
				day-to-day operation of the program.
The program shall notify the department of any changes in the
				  list no later than ten working days after the effective date of the
				  change.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 69 - Assisted Living Programs › Rule 481-69.5 - Initial Certification Process for a Nonaccredited Program

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Upon receipt of
				all completed documentation, including state fire marshal approval and
				structural and evacuation review approval, the department shall determine
				whether or not the proposed program meets applicable requirements.
(2) If, based upon the review of the complete
				application including all required supporting documents, the department
				determines the proposed program meets the requirements for certification, a
				provisional certification shall be issued to the program to begin operation and
				accept tenants.
(3) Within 180
				calendar days following issuance of provisional certification, the department
				shall conduct a monitoring to determine the program's compliance with
				applicable requirements.
(4) If a
				regulatory insufficiency is identified as a result of the monitoring, the
				process in rule
				481-67.10
				(17A,231B,231C,231D) shall be followed.
(5) The department shall make a final
				certification decision based on the results of the monitoring and review of an
				acceptable plan of correction.
(6)
				The department shall notify the program of a final certification decision
				within 10 working days following the finalization of the monitoring report or
				receipt of an acceptable plan of correction, whichever is applicable.
(7) If the decision is to continue
				certification, the department shall issue a full two-year certification
				effective from the date of the original provisional certification.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 69 - Assisted Living Programs › Rule 481-69.6 - Expiration of the Certification of a Nonaccredited Program

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Unless conditionally issued, suspended or
				revoked, certification of a program shall expire at the end of the time period
				specified on the certificate.
(2)
				The department shall send recertification application materials to each program
				at least 120 calendar days prior to expiration of the program's
				certification.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 69 - Assisted Living Programs › Rule 481-69.7 - Recertification Process for a Nonaccredited Program

Current through Register Vol. 47, No. 3, July 24, 2024
To obtain recertification, a program shall:
(1) Submit one copy of the completed
				application, including the information required in rule
				481-69.4
				(231C), associated documentation, and the recertification fee as listed in Iowa
				Code section
				231C.18
				to the department at the address stated in subrule 69.3(1) at least 90 calendar
				days prior to the expiration of the program's certification. The program need
				not submit policies and procedures that have been previously submitted to the
				department and remain unchanged. The program shall provide a list of the
				policies and procedures that have been previously submitted and are not being
				resubmitted.
(2) Submit additional
				documentation that each of the following has been inspected by a qualified
				professional and found to be maintained in conformance with the manufacturer's
				recommendations and nationally recognized standards: heating system, cooling
				system, water heater, electrical system, plumbing, sewage system, artificial
				lighting, and ventilation system; and, if located on site, garbage disposal,
				kitchen appliances, washing machines and dryers, and elevators.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 69 - Assisted Living Programs › Rule 481-69.8 - Notification of Recertification for a Nonaccredited Program

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The department shall review the
				application and associated documentation and fees. If the application is
				incomplete, the department shall contact the program to request the additional
				information. After all finalized documentation is received, including state
				fire marshal approval, the department shall determine the program's compliance
				with applicable requirements.
(2)
				The department shall conduct a monitoring of the program between 60 and 90 days
				prior to expiration of the program's certification.
(3) If a regulatory insufficiency is
				identified as a result of the monitoring, the process in rule
				481-67.10
				(17A,231B,231C,231D) shall be followed.
(4) If no regulatory insufficiency is
				identified as a result of the monitoring, the department shall issue a report
				of the findings with the final recertification decision.
(5) If the decision is to recertify, the
				department shall issue the program a two-year certification effective from the
				date of the expiration of the previous certification.
(6) If the decision is to deny
				recertification, the department shall issue a notice of denial and provide the
				program the opportunity for a hearing pursuant to rule
				481-67.13
				(17A,231B,231C,231D).
(7) If the
				department is unable to recertify a program through no fault of the program,
				the department shall issue to the program a time-limited extension of
				certification of no longer than one year