135C.1 Definitions. 1. “Adult day services” means adult day services as defined in section 231D.1 that are provided in a licensed health care facility. 2. “Certified volunteer long-term care ombudsman” means a volunteer long-term care ombudsman certified pursuant to section 231.45. 3. “Comprehensive preliminary background check” includes a criminal history check of all states in […]
135C.10 Denial, suspension, or revocation. The department shall have the authority to deny, suspend, or revoke a license in any case where the department finds that there has been repeated failure on the part of the facility to comply with the provisions of this chapter or the rules or minimum standards promulgated hereunder, or for […]
135C.11 Notice — hearings. 1. The denial, suspension, or revocation of a license shall be effected by delivering to the applicant or licensee by certified mail or by personal service of a notice setting forth the particular reasons for such action. Such denial, suspension, or revocation shall become effective thirty days after the mailing or […]
135C.12 Conditional operation. If the department has the authority under section 135C.10 to deny, suspend or revoke a license, the department or director may, as an alternative to those actions: 1. Apply to the district court of the county in which the licensee’s health care facility is located for appointment by the court of a […]
135C.13 Judicial review. Judicial review of any action of the director may be sought in accordance with the terms of the Iowa administrative procedure Act, chapter 17A. Notwithstanding the terms of chapter 17A, petitions for judicial review may be filed in the district court of the county where the facility or proposed facility is located, […]
135C.14 Rules. The department shall, in accordance with chapter 17A and with the approval of the state board of health, adopt and enforce rules setting minimum standards for health care facilities. In so doing, the department, with the approval of the state board of health, may adopt by reference, with or without amendment, nationally recognized […]
135C.15 Time to comply. 1. Any health care facility which is in operation at the time of adoption or promulgation of any applicable rules or minimum standards under this chapter shall be given reasonable time from the date of such promulgation to comply with such rules and minimum standards as provided for by the department. […]
135C.16 Inspections. 1. In addition to the inspections required by sections 135C.9 and 135C.38, the department shall make or cause to be made such further unannounced inspections as it deems necessary to adequately enforce this chapter. At least one general unannounced inspection shall be conducted for each health care facility within a thirty-month period. The […]
135C.16A Inspectors — conflicts of interest. 1. Any of the following circumstances disqualifies an inspector from inspecting a particular health care facility under this chapter: a. The inspector currently works or, within the past two years, has worked as an employee or employment agency staff at the health care facility, or as an officer, consultant, […]
135C.17 Duties of other departments. It shall be the duty of the department of human services, state fire marshal, office of long-term care ombudsman, and the officers and agents of other state and local governmental units, and the designated protection and advocacy agency to assist the department in carrying out the provisions of this chapter, […]
135C.18 Employees. The department may employ, pursuant to chapter 8A, subchapter IV, such assistants and inspectors as may be necessary to administer and enforce the provisions of this chapter. [C58, 62, 66, 71, 73, 75, 77, 79, 81, §135C.18] 2003 Acts, ch 145, §188
135C.19 Public disclosure of inspection findings — posting of citations. 1. Following an inspection of a health care facility by the department pursuant to this chapter, the department’s final findings with respect to compliance by the facility with requirements for licensing shall be made available to the public in a readily available form and place. […]
135C.2 Purpose — rules — special classifications — protection and advocacy agency. 1. The purpose of this chapter is to promote and encourage adequate and safe care and housing for individuals who are aged or who, regardless of age, are infirm, convalescent, or mentally or physically dependent, by both public and private agencies by providing […]
135C.20 Information distributed. The department shall prepare, publish and send to licensed health care facilities an annual report of its activities and operations under this chapter and such other bulletins containing fundamental health principles and data as may be deemed essential to assure proper operation of health care facilities, and publish for public distribution copies […]
135C.20A Report cards — facility inspections — complaint procedures — availability to public — electronic access. 1. The department shall develop and utilize a report card system for the recording of the findings of any inspection of a health care facility. The report card shall include but is not limited to a summary of the […]
135C.20B Governor’s award — quality care. 1. A governor’s award for quality care is established, to be awarded annually by the governor to a health care facility in the state which demonstrates provision of the highest quality care to residents. 2. The department shall adopt rules establishing the criteria to determine quality care. In developing […]
135C.21 Penalties. 1. Any person establishing, conducting, managing, or operating any health care facility without a license shall be guilty of a serious misdemeanor. Each day of continuing violation after conviction or notice from the department by certified mail of a violation shall be considered a separate offense or chargeable offense. Any such person establishing, […]
135C.22 Applicable to governmental units. The provisions of this chapter shall be applicable to institutions operated by or under the control of the department of human services, the state board of regents, or any other governmental unit. [C50, 54, §135C.8; C58, 62, 66, 71, 73, 75, 77, 79, 81, §135C.22] 83 Acts, ch 96, §157, […]
135C.23 Express requirements for admission or residence. No individual shall be admitted to or permitted to remain in a health care facility as a resident, except in accordance with the requirements of this section. 1. Each resident shall be covered by a contract executed at the time of admission or prior thereto by the resident, […]
135C.24 Personal property or affairs of patients or residents. The admission of a resident to a health care facility and the resident’s presence therein shall not in and of itself confer on such facility, its owner, administrator, employees, or representatives any authority to manage, use, or dispose of any property of the resident, nor any […]
