231D.18 Involuntary transfer.
1. If an adult day services program initiates the involuntary transfer of a participant and the action is not a result of a monitoring evaluation or complaint investigation by the department, and if the participant or participant’s legal representative contests the transfer, the following procedure shall apply:
a. The adult day services program shall notify the participant or participant’s legal representative, in accordance with the written contractual agreement, of the need to transfer and the reason for the transfer.
b. If, following the internal appeals process, the adult day services program upholds the transfer decision, the participant or participant’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 participant results from a monitoring evaluation or complaint investigation conducted by the department.
2005 Acts, ch 61, §16, 17; 2007 Acts, ch 215, §204, 205
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.