Title VI, HUMAN SERVICES (Ch. 216 - 255A)

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, §…

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 sub…

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 deat…

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 s…

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…

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 respo…

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 cha…

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 f…

Chapter 562A , the uniform residential landlord and tenant Act, shall apply to assisted living programs under this chapter . 2003 Acts, ch 166, §26

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 ca…

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

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…

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 …

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 offic…

The department shall adopt rules 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 ; 2023 Acts, ch 19, §1641

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 th…

An assisted living program receiving reimbursement through the medical assistance program under chapter 249A shall assist the department of veterans affairs in identifying, upon admission of a tenant, the tenant’s eligibility for benefits through the United States department of v…

1. If an assisted living program initiates the involuntary transfer of a tenant and the action is not a result of a monitoring evaluation or complaint investigation by the department, and if the tenant or the tenant’s legal representative contests the transfer, the following proc…

1. Any person with concerns regarding the operations or service delivery of an assisted living program may file a complaint with the department. The name of the person who files a complaint with the department and any personal identifying information of the person or any tenant i…

1. The department shall provide an assisted living program an exit interview at the conclusion of a monitoring evaluation or complaint investigation, and the department shall inform the program’s representative of all issues and areas of concern related to the insufficient practi…

Upon completion of a monitoring evaluation or complaint investigation of an assisted living program by the department pursuant to this chapter , the department’s final findings with respect to compliance by the assisted living program with requirements for certification shall be …

1. Within twenty business days after issuance of the final findings, the assisted living 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 sub…