231D.1 Definitions. For the purposes of this chapter, unless the context otherwise requires: 1. “Adult day services”, “adult day services program”, or “program” means an organized program providing a variety of health-related care, social services, and other related support services for sixteen hours or less in a twenty-four-hour period to two or more persons with […]
231D.10 Disclosure of findings. Upon completion of a monitoring evaluation or complaint investigation of an adult day services program by the department pursuant to this chapter, the department’s final findings with respect to compliance by the adult day services program with requirements for certification shall be made available to the public in a readily available […]
231D.10A Informal conference — formal contest — judicial review. 1. Within twenty business days after issuance of the final findings, the adult day services program shall notify the director if the program desires to contest the findings and do either of the following: a. Request an informal conference with an independent reviewer pursuant to subsection […]
231D.11 Penalties. 1. A person establishing, conducting, managing, or operating an adult day services 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 establishing, conducting, […]
231D.12 Retaliation by adult day services program prohibited. 1. An adult day services program shall not discriminate or retaliate in any way against a participant, participant’s family, or an employee of the program who has initiated or participated in any proceeding authorized by this chapter. An adult day services program that violates this section is […]
231D.13 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 adult day services programs as credit toward sustaining the nursing assistant’s or medication aide’s certification. 2003 Acts, ch 165, §13; 2007 Acts, ch 215, […]
231D.13A Medication setup — administration and storage of medications. 1. An adult day services program may provide for medication setup if requested by a participant or the participant’s legal representative. If medication setup is provided following such request, the program shall be responsible for the specific task requested and the participant shall retain responsibility for […]
231D.14 Criminal records investigation check. An adult day services program shall comply with section 135C.33. 2003 Acts, ch 165, §14
231D.15 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 adult day services programs. 2003 Acts, ch 165, §15; 2007 Acts, ch 215, §202
231D.16 Transition provision. 1. Adult day services programs that are serving at least two but not more than five persons and that are not voluntarily accredited by a recognized accrediting entity shall comply with this chapter. 2. A hospital licensed pursuant to chapter 135B, a health care facility licensed pursuant to chapter 135C, or an […]
231D.17 Written contractual agreement required. 1. An adult day services program shall not operate in this state unless a written contractual agreement is executed between the adult day services program and each participant or the participant’s legal representative prior to the participant’s admission to the program, and unless the adult day services program operates in […]
231D.18 Involuntary transfer. 1. If an adult day services program initiates the involuntary transfer of a participant and the action is not a result of a monitoring evaluation or complaint investigation by the department, and if the participant or participant’s legal representative contests the transfer, the following procedure shall apply: a. The adult day services […]
231D.19 Limitations on admission and retention of participants. An adult day services program shall not knowingly admit or retain a participant who meets any of the following criteria: 1. Is under the age of eighteen. 2. Requires routine three-person assistance with standing, transfer, or evacuation. 3. Poses a danger to the participant, other participants, or […]
231D.2 Purpose — rules. 1. The purpose of this chapter is to promote and encourage adequate and safe care for adults with functional impairments. 2. The department shall establish, by rule in accordance with chapter 17A, a program for certification and monitoring of and complaint investigations related to adult day services programs. The department, in […]
231D.3 Certification required. 1. A person or governmental unit acting severally or jointly with any other person or governmental unit shall not establish or operate an adult day services program and shall not represent an adult day services program to the public as certified unless and until the program is certified pursuant to this chapter. […]
231D.3A Exception. An entity certified by the centers for Medicare and Medicaid services of the United States department of health and human services as a federal program of all-inclusive care for the elderly shall not be required to be certified as an adult day services program under this chapter. A program of all-inclusive care for […]
231D.4 Application and fees. 1. Certificates for adult day services programs shall be obtained from the department. Applications shall be upon such forms and shall include such information as the department may reasonably require, which may include affirmative evidence of compliance with applicable statutes and local ordinances. Each application for certification shall be accompanied by […]
231D.5 Denial, suspension, or revocation. 1. The department may deny, suspend, or revoke certification if the department finds that there has been a substantial or repeated failure on the part of the adult day services program to comply with this chapter or the rules or minimum standards adopted pursuant to this chapter, or for any […]
231D.6 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 the action. The denial, suspension, or revocation shall become effective thirty days […]
231D.7 Conditional operation. The department may, as an alternative to denial, suspension, or revocation of certification under section 231D.5, conditionally issue or continue certification dependent upon the performance by the adult day services program of reasonable conditions within a reasonable period of time as prescribed by the department so as to permit the program to […]
