231D.10A Informal conference — formal contest — judicial review.
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 subsection 2. Upon the conclusion of an informal conference, if the adult day services program desires to further contest an affirmed or modified regulatory insufficiency, it may do so by giving notice of intent to formally contest the regulatory insufficiency, in writing, to the department within five days after receipt of the written decision of the independent reviewer.
b. Request a contested case hearing in the manner provided by chapter 17A for contested cases. The formal hearing shall be conducted in accordance with chapter 17A and rules adopted by the department.
2. a. The department shall provide an independent reviewer to hold an informal conference with an adult day services program within ten working days after receiving a request from the program pursuant to subsection 1, paragraph “a”. At the conclusion of the informal conference, the independent reviewer may affirm, modify, or dismiss a contested regulatory insufficiency. The independent reviewer shall state in writing the specific reasons for the affirmation, modification, or dismissal and immediately transmit copies of the statement to the department and to the program.
b. An independent reviewer shall be licensed as an attorney in the state of Iowa and shall not be employed or have been employed by the department in the past eight years or have appeared in front of the department on behalf of an adult day services program in the past eight years. Preference shall be given to an attorney with background knowledge, experience, or training in long-term care. The department may issue a request for proposals to enter into a contract for the purpose of providing one or more independent reviewers for informal conferences.
3. An adult day services program that has exhausted all adequate administrative remedies and is aggrieved by the final action of the department may petition for judicial review in the manner provided by chapter 17A.
2014 Acts, ch 1040, §27, 28; 2015 Acts, ch 80, §15
Structure Iowa Code
Chapter 231D - ADULT DAY SERVICES
Section 231D.2 - Purpose — rules.
Section 231D.3 - Certification required.
Section 231D.4 - Application and fees.
Section 231D.5 - Denial, suspension, or revocation.
Section 231D.6 - Notice — appeal — emergency provisions.
Section 231D.7 - Conditional operation.
Section 231D.8 - Department notified of casualties.
Section 231D.9 - Complaints and confidentiality.
Section 231D.9A - Exit interview — issuance of findings.
Section 231D.10 - Disclosure of findings.
Section 231D.10A - Informal conference — formal contest — judicial review.
Section 231D.12 - Retaliation by adult day services program prohibited.
Section 231D.13 - Nursing assistant and medication aide — certification.
Section 231D.13A - Medication setup — administration and storage of medications.
Section 231D.14 - Criminal records investigation check.
Section 231D.15 - Fire and safety standards.
Section 231D.16 - Transition provision.
Section 231D.17 - Written contractual agreement required.
Section 231D.18 - Involuntary transfer.
Section 231D.19 - Limitations on admission and retention of participants.