Iowa Code
Chapter 135C - HEALTH CARE FACILITIES
Section 135C.10 - Denial, suspension, or revocation.

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 any of the following reasons:
1. Cruelty or indifference to health care facility residents.
2. Appropriation or conversion of the property of a health care facility resident without the resident’s written consent or the written consent of the resident’s legal guardian.
3. Permitting, aiding, or abetting the commission of any illegal act in the health care facility.
4. Inability or failure to operate and conduct the health care facility in accordance with the requirements of this chapter and the minimum standards and rules issued pursuant thereto.
5. Obtaining or attempting to obtain or retain a license by fraudulent means, misrepresentation, or by submitting false information.
6. Habitual intoxication or addiction to the use of drugs by the applicant, manager or supervisor of the health care facility.
7. Securing the devise or bequest of the property of a resident of a health care facility by undue influence.
8. Willful failure or neglect to maintain a continuing in-service education and training program for all personnel employed in the facility.
9. In the case of an application for a new or newly acquired facility, continuing or repeated failure of the licensee to operate any previously licensed facility or facilities in compliance with the provisions of this chapter, the rules adopted pursuant to this chapter, or equivalent provisions that the facility is subject to in this state or any other state.
10. In the case of a license applicant or existing licensee which is an entity other than an individual, the department may deny, suspend, or revoke a license if any individual, who is in a position of control or is an officer of the entity, engages in any act or omission proscribed by this section.
11. Intentionally preventing or interfering with or attempting to prevent or interfere in any way with the performance by any duly authorized representative of the department of the lawful enforcement of this chapter or of the rules adopted pursuant to this chapter. As used in this subsection, “lawful enforcement” includes but is not limited to the following:
a. Contacting or interviewing any resident of a health care facility in private at any reasonable hour and without advance notice.
b. Examining any relevant books or records of a health care facility unless otherwise protected from disclosure by operation of law.
c. Preserving evidence of any violation of this chapter or of the rules adopted pursuant to this chapter.
[C50, 54, §135C.6; C58, 62, 66, 71, 73, 75, 77, 79, 81, §135C.10]
90 Acts, ch 1204, §13; 2014 Acts, ch 1040, §3, 4; 2015 Acts, ch 80, §1
Referred to in §135C.12

Structure Iowa Code

Iowa Code

Title IV - PUBLIC HEALTH

Chapter 135C - HEALTH CARE FACILITIES

Section 135C.1 - Definitions.

Section 135C.2 - Purpose — rules — special classifications — protection and advocacy agency.

Section 135C.3 - Nature of care.

Section 135C.4 - Residential care facilities.

Section 135C.5 - Limitations on use.

Section 135C.6 - License required — exemptions.

Section 135C.7 - Application — fees.

Section 135C.8 - Scope of license.

Section 135C.9 - Inspection before issuance — notice of deficiencies.

Section 135C.10 - Denial, suspension, or revocation.

Section 135C.11 - Notice — hearings.

Section 135C.12 - Conditional operation.

Section 135C.13 - Judicial review.

Section 135C.14 - Rules.

Section 135C.15 - Time to comply.

Section 135C.16 - Inspections.

Section 135C.16A - Inspectors — conflicts of interest.

Section 135C.17 - Duties of other departments.

Section 135C.18 - Employees.

Section 135C.19 - Public disclosure of inspection findings — posting of citations.

Section 135C.20 - Information distributed.

Section 135C.20A - Report cards — facility inspections — complaint procedures — availability to public — electronic access.

Section 135C.20B - Governor’s award — quality care.

Section 135C.21 - Penalties.

Section 135C.22 - Applicable to governmental units.

Section 135C.23 - Express requirements for admission or residence.

Section 135C.24 - Personal property or affairs of patients or residents.

Section 135C.25 - Resident advocate committee appointments — duties — disclosure — liability.

Section 135C.26 - Director notified of casualties.

Section 135C.27 - Federal funds to implement program.

Section 135C.28 - Conflicting statutes.

Section 135C.29 - License list to county commissioner of elections.

Section 135C.30 - Operation of facility under receivership.

Section 135C.31 - Discharge of Medicaid patients.

Section 135C.31A - Assessment of residents — program eligibility — prescription drug coverage.

Section 135C.32 - Hospice services covered by Medicare.

Section 135C.33 - Employees and certified nurse aide trainees — child or dependent adult abuse information and criminal record check options — evaluations — application to other providers — penalty.

Section 135C.34 - Medication aide — certification.

Section 135C.35 - Training of inspectors.

Section 135C.36 - Violations classified — penalties.

Section 135C.37 - Complaints alleging violations — confidentiality.

Section 135C.38 - Inspections upon complaints.

Section 135C.39 - No advance notice of inspection — exception.

Section 135C.40 - Citations when violations found — penalties — exception.

Section 135C.40A - Issuance of final findings.

Section 135C.41 - Licensee’s response to citation.

Section 135C.42 - Informal conference on contested citation.

Section 135C.43 - Judicial review.

Section 135C.43A - Reduction of penalty amount.

Section 135C.44 - Treble fines for repeated violations.

Section 135C.44A - Double fines for intentional violations.

Section 135C.45 - Refund of penalty.

Section 135C.45A - Notification penalty.

Section 135C.46 - Retaliation by facility prohibited.

Section 135C.47 - Report listing licensees and citations.

Section 135C.48 - Information about complaint procedure.