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.

Terms Used In Iowa Code 231C.6

  • Assisted living: includes the provision of housing and assistance with instrumental activities of daily living only if personal care or health-related care is also included. See Iowa Code 231C.2
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Consumer: means any one of the following:
     a. See Iowa Code 216E.1
  • Department: means the department of inspections and appeals or the department's designee. See Iowa Code 231C.2
  • following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
  • Occupancy agreement: means a written agreement entered into between an assisted living program and a tenant that clearly describes the rights and responsibilities of the assisted living program and a tenant, and other information required by rule. See Iowa Code 231C.2
  • program: means an entity that provides assisted living. See Iowa Code 231C.2
  • Rule: includes "regulation". See Iowa Code 4.1
  • state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
  • Tenant: means an individual who receives assisted living services through a certified assisted living program. See Iowa Code 231C.2
  • Tenant advocate: means the office of long-term care ombudsman established in section 231. See Iowa Code 231C.2
 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.
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