135C.4 Residential care facilities.
1. Each facility licensed as a residential care facility shall provide an organized continuous twenty-four-hour program of care commensurate with the needs of the residents of the home and under the immediate direction of a person approved and certified by the department whose combined training and supervised experience is such as to ensure adequate and competent care.
2. All admissions to residential care facilities shall be based on an order written by a physician certifying that the individual being admitted does not require nursing services or that the individual’s need for nursing services can be avoided if home and community-based services, other than nursing care, as defined by this chapter and departmental rule, are provided.
3. For the purposes of this section, the home and community-based services to be provided shall be limited to the type included under the medical assistance program provided pursuant to chapter 249A, shall be subject to cost limitations established by the department of human services under the medical assistance program, and except as otherwise provided by the department of inspections and appeals with the concurrence of the department of human services, shall be limited in capacity to the number of licensed residential care facilities and the number of licensed residential care facility beds in the state as of December 1, 2003.
4. A residential care facility is not required to admit an individual through court order, referral, or other means without the express prior approval of the administrator of the residential care facility.
[C50, 54, §135C.9; C58, 62, 66, 71, 73, 75, 77, 79, 81, §135C.4]
2004 Acts, ch 1085, §2, 11; 2012 Acts, ch 1079, §4
Referred to in §135C.2, 347B.6
Structure Iowa Code
Chapter 135C - HEALTH CARE FACILITIES
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.15 - Time to comply.
Section 135C.16 - Inspections.
Section 135C.16A - Inspectors — conflicts of interest.
Section 135C.17 - Duties of other departments.
Section 135C.19 - Public disclosure of inspection findings — posting of citations.
Section 135C.20 - Information distributed.
Section 135C.20B - Governor’s award — quality care.
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.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.