231D.12 Retaliation by adult day services program prohibited.
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 this section is subject to a penalty as established by administrative rule, to be assessed and collected by the department, paid into the state treasury, and credited to the general fund of the state.
2. Any attempt to discharge a participant from an adult day services program by whom or upon whose behalf a complaint has been submitted to the department under section 231D.9, within ninety days after the filing of the complaint or the conclusion of any proceeding resulting from the complaint, shall raise a rebuttable presumption that the action was taken by the program in retaliation for the filing of the complaint, except in situations in which the participant is discharged due to changes in health status which exceed the level of care offered by the adult day services program or in other situations as specified by rule.
2003 Acts, ch 165, §12; 2005 Acts, ch 61, §12, 17; 2006 Acts, ch 1010, §74; 2007 Acts, ch 215, §200
Referred to in §231D.17
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.