231C.6 Involuntary transfer.
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 procedure shall apply:
a. The assisted living program shall notify the tenant or the tenant’s legal representative, in accordance with the occupancy agreement, of the need to transfer, the reason for the transfer, and the contact information of the tenant advocate.
b. The assisted living program shall provide the tenant advocate with a copy of the notification to the tenant.
c. The tenant advocate shall offer the notified tenant or the tenant’s legal representative assistance with the program’s internal appeals process. The tenant is not required to accept the assistance of the tenant advocate.
d. If, following the internal appeals process, the assisted living program upholds the transfer decision, the tenant or the tenant’s legal representative may utilize other remedies authorized by law to contest the transfer.
2. The department, in consultation with affected state agencies and affected industry, professional, and consumer groups, shall establish, by rule in accordance with chapter 17A, procedures to be followed, including the opportunity for hearing, when the transfer of a tenant results from a monitoring evaluation or complaint investigation conducted by the department.
2000 Acts, ch 1222, §13, 17; 2003 Acts, ch 166, §13; 2005 Acts, ch 60, §12, 21; 2007 Acts, ch 215, §169, 170
Structure Iowa Code
Chapter 231C - ASSISTED LIVING PROGRAMS
Section 231C.1 - Findings, purpose, and intent.
Section 231C.3 - Certification of assisted living programs.
Section 231C.3A - Monitoring — conflicts of interest.
Section 231C.4 - Fire and safety standards.
Section 231C.5 - Written occupancy agreement required.
Section 231C.5A - Assessment of tenants — program eligibility.
Section 231C.6 - Involuntary transfer.
Section 231C.8 - Exit interview — issuance of findings.
Section 231C.9 - Disclosure of findings.
Section 231C.9A - Informal conference — formal contest — judicial review.
Section 231C.10 - Denial, suspension, or revocation — conditional operation.
Section 231C.11 - Notice — appeal — emergency provisions.
Section 231C.11A - Voluntary cessation of program operations — decertification.
Section 231C.12 - Department notified of casualties.
Section 231C.13 - Retaliation by assisted living program prohibited.
Section 231C.14 - Civil penalties.
Section 231C.15 - Criminal penalties and injunctive relief.
Section 231C.16 - Nursing assistant and medication aide — certification.
Section 231C.16A - Medication setup — administration and storage of medications.
Section 231C.17 - Coordination of the long-term care system — transitional provisions.
Section 231C.18 - Iowa assisted living fees.
Section 231C.19 - Application of landlord and tenant Act.
Section 231C.20 - Limitation on penalties.
Section 231C.21 - Certification list to county commissioner of elections.