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

1. A hospital licensed pursuant to chapter 135B , a health care facility licensed pursuant to chapter 135C , an assisted living program certified pursuant to chapter 231C , or an adult day services program certified pursuant to chapter 231D may operate an elder group home, if the…

1. The department shall collect elder group home certification and related fees. Fees collected and retained pursuant to this section shall be deposited in the general fund of the state. 2. The following certification and related fees shall apply to elder group homes: a. For a tw…

Chapter 562A , the uniform residential landlord and tenant Act, shall apply to elder group homes under this chapter . 2005 Acts, ch 62, §18

1. The general assembly finds that elder group homes are an important part of the long-term care continua in this state. Elder group homes emphasize the independence and dignity of the individual while providing housing in a cost-effective manner. 2. The purposes of establishing …

1. The department shall establish by rule, in accordance with chapter 17A , minimum standards for certification and monitoring of elder group homes. The department may adopt by reference, with or without amendment, nationally recognized standards and rules for elder group homes. …

The department, in cooperation with other appropriate agencies, shall establish a procedure to allow nursing assistants or medication aides to claim work within an elder group home as credit toward sustaining the nursing assistant’s or medication aide’s certification. 2005 Acts, …

1. An elder group home 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 elder group home shall be responsible for the specific task requested and the tenant shall retain res…

1. A person shall not place, refer, or recommend the placement of another person in an elder group home that is not certified pursuant to this chapter . 2. A person who has knowledge that an elder group home is operating without certification shall report the name and address of …

An elder group home shall be located in an area zoned for single-family or multiple-family housing or in an unincorporated area and shall be constructed in compliance with applicable local housing codes and the rules adopted for the special classification by the department. In th…

1. An elder group home shall not operate in this state unless a written occupancy agreement, as prescribed in subsection 2 , is executed between the elder group home and each tenant or the tenant’s legal representative prior to the tenant’s occupancy, and unless the elder group h…

1. If an elder group home 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 tenant’s legal representative contests the transfer, the following procedure shall…

1. Any person with concerns regarding the operations or service delivery of an elder group home 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 identifi…

1. The department shall provide an elder group home an exit interview at the conclusion of a monitoring evaluation or complaint investigation, and the department shall inform the home’s representative of all issues and areas of concern related to the insufficient practices. The d…

Upon completion of a monitoring evaluation or complaint investigation of an elder group home by the department pursuant to this chapter , the department’s final findings with respect to compliance by the elder group home with requirements for certification shall be made available…

1. Within twenty business days after issuance of the final findings, the elder group home shall notify the director if the home desires to contest the findings and do either of the following: a. Request an informal conference with an independent reviewer pursuant to subsection 2 …

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 …

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 this c…

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 revocati…

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 leas…

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…

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 h…

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 sha…

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 …

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 considere…

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 …