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Home » US Law » 2022 Iowa Code » Title VI - HUMAN SERVICES » Chapter 231C - ASSISTED LIVING PROGRAMS

Section 231C.1 – Findings, purpose, and intent.

231C.1 Findings, purpose, and intent. 1. The general assembly finds that assisted living is an important part of the long-term care continua in this state. Assisted living emphasizes the independence and dignity of the individual while providing services in a cost-effective manner. 2. The purposes of establishing an assisted living program include all of the […]

Section 231C.10 – Denial, suspension, or revocation — conditional operation.

231C.10 Denial, suspension, or revocation — conditional operation. 1. The department may deny, suspend, or revoke a certificate in any case where the department finds that there has been a substantial or repeated failure on the part of the assisted living program to comply with this chapter or the rules, or minimum standards adopted under […]

Section 231C.11 – Notice — appeal — emergency provisions.

231C.11 Notice — appeal — emergency provisions. 1. The denial, suspension, or revocation of a certificate shall be effected by delivering to the applicant or certificate holder by restricted certified mail or by personal service a notice setting forth the particular reasons for such action. Such denial, suspension, or revocation shall become effective thirty days […]

Section 231C.11A – Voluntary cessation of program operations — decertification.

231C.11A Voluntary cessation of program operations — decertification. 1. The department shall adopt rules regarding the voluntary cessation of program operations of an assisted living program, including decertification. The rules shall address notification of the tenants, tenant legal representatives, the department, and the tenant advocate at least ninety days prior to the anticipated date of […]

Section 231C.12 – Department notified of casualties.

231C.12 Department notified of casualties. The department shall be notified no later than the next working day, by the most expeditious means available, of any accident causing major injury or death, and any substantial fire or natural or other disaster occurring at or near an assisted living program. 2003 Acts, ch 166, §19; 2007 Acts, […]

Section 231C.13 – Retaliation by assisted living program prohibited.

231C.13 Retaliation by assisted living program prohibited. An assisted living program shall not discriminate or retaliate in any way against a tenant, tenant’s family, or an employee of the program who has initiated or participated in any proceeding authorized by this chapter. An assisted living program that violates this section is subject to a penalty […]

Section 231C.14 – Civil penalties.

231C.14 Civil penalties. 1. The department may establish by rule, in accordance with chapter 17A, civil penalties for the following violations by an assisted living program: a. Noncompliance with any regulatory requirements which presents an imminent danger or a substantial probability of resultant death or physical harm to a tenant. b. Following receipt of notice […]

Section 231C.15 – Criminal penalties and injunctive relief.

231C.15 Criminal penalties and injunctive relief. A person establishing, conducting, managing, or operating any assisted living program without a certificate is guilty of a serious misdemeanor. Each day of continuing violation after conviction or notice from the department by certified mail of a violation shall be considered a separate offense or chargeable offense. A person […]

Section 231C.16 – Nursing assistant and medication aide — certification.

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

Section 231C.16A – Medication setup — administration and storage of medications.

231C.16A Medication setup — administration and storage of medications. 1. An assisted living program may provide for medication setup if requested by a tenant or the tenant’s legal representative. If medication setup is provided following such request, the program shall be responsible for the specific task requested and the tenant shall retain responsibility for those […]

Section 231C.17 – Coordination of the long-term care system — transitional provisions.

231C.17 Coordination of the long-term care system — transitional provisions. 1. A hospital licensed pursuant to chapter 135B, a health care facility licensed pursuant to chapter 135C, or an adult day services program certified pursuant to chapter 231D may operate an assisted living program if the assisted living program is certified pursuant to this chapter. […]

Section 231C.18 – Iowa assisted living fees.

231C.18 Iowa assisted living fees. 1. The department shall collect assisted living program certification and related fees. An assisted living program that is certified by the department on the basis of voluntary accreditation by a recognized accrediting entity shall not be subject to payment of the certification fee, but shall be subject to an administrative […]

Section 231C.2 – Definitions.

231C.2 Definitions. As used in this chapter, unless the context otherwise requires: 1. “Adult day services” means adult day services as defined in section 231D.1. 2. “Assisted living” means provision of housing with services which may include but are not limited to health-related care, personal care, and assistance with instrumental activities of daily living to […]

Section 231C.20 – Limitation on penalties.

231C.20 Limitation on penalties. The department shall not impose duplicate civil penalties for the same set of facts and circumstances. All monitoring revisits by the department shall review the program prospectively from the date of the plan of correction to determine compliance. 2009 Acts, ch 156, §18

Section 231C.21 – Certification list to county commissioner of elections.

231C.21 Certification list to county commissioner of elections. To facilitate the implementation of section 53.8, subsection 3, and section 53.22, the director shall provide to each county commissioner of elections at least annually a list of each certified dementia-specific assisted living program in that county. The list shall include the street address or location, and […]

Section 231C.3 – Certification of assisted living programs.

231C.3 Certification of assisted living programs. 1. The department shall establish by rule in accordance with chapter 17A minimum standards for certification and monitoring of assisted living programs. The department may adopt by reference with or without amendment, nationally recognized standards and rules for assisted living programs. The rules shall include specification of recognized accrediting […]

Section 231C.3A – Monitoring — conflicts of interest.

231C.3A Monitoring — conflicts of interest. 1. Any of the following circumstances disqualifies a monitor from inspecting a particular assisted living program under this chapter: a. The monitor currently works or, within the past two years, has worked as an employee or employment agency staff at the program, or as an officer, consultant, or agent […]

Section 231C.4 – Fire and safety standards.

231C.4 Fire and safety standards. The state fire marshal shall adopt rules, in coordination with the department, relating to the certification and monitoring of the fire and safety standards of certified assisted living programs. 96 Acts, ch 1192, §4; 97 Acts, ch 23, §21; 2003 Acts, ch 166, §11; 2007 Acts, ch 215, §167

Section 231C.5 – Written occupancy agreement required.

231C.5 Written occupancy agreement required. 1. An assisted living program shall not operate in this state unless a written occupancy agreement, as prescribed in subsection 2, is executed between the assisted living program and each tenant or the tenant’s legal representative, prior to the tenant’s occupancy, and unless the assisted living program operates in accordance […]