1. The department may deny, suspend, or revoke a certificate in any case where the department finds that there has been a substantial or repeated failure on the part of the assisted living program to comply with this chapter or the rules, or minimum standards adopted under this chapter, or for any of the following reasons:

 a. Appropriation or conversion of the property of an assisted living program tenant without the tenant’s written consent or the written consent of the tenant’s legal representative.
 b. Permitting, aiding, or abetting the commission of any illegal act in the assisted living program.
 c. Obtaining or attempting to obtain or retain a certificate by fraudulent means, misrepresentation, or by submitting false information.
 d. Habitual intoxication or addiction to the use of drugs by the applicant, administrator, executive director, manager, or supervisor of the assisted living program.
 e. Securing the devise or bequest of the property of a tenant of an assisted living program by undue influence.
 f. Failure to protect tenants from dependent adult abuse as defined in section 235E.1.
 g. In the case of any officer, member of the board of directors, trustee, or designated manager of the program or any stockholder, partner, or individual who has greater than a five percent equity interest in the program, having or having had an ownership interest in an assisted living program, adult day services program, elder group home, home health agency, residential care facility, or licensed nursing facility in any state which has been closed due to removal of program, agency, or facility licensure or certification or involuntary termination from participation in either the medical assistance or Medicare programs, or having been found to have failed to provide adequate protection or services for tenants to prevent abuse or neglect.
 h. In the case of a certificate applicant or an existing certified owner or operator who is an entity other than an individual, the person is in a position of control or is an officer of the entity and engages in any act or omission proscribed by this chapter.
 i. In the case of an application for a new or newly acquired assisted living program, continuing or repeated failure of the certificate holder to operate any previously certified assisted living program or programs in compliance with the provisions of this chapter, the rules adopted pursuant to this chapter, or equivalent provisions that the assisted living program is subject to in this state or any other state.
 j. Intentionally preventing or interfering with or attempting to prevent or interfere in any way with the performance by any duly authorized representative of the department of the lawful enforcement of this chapter or of the rules adopted pursuant to this chapter. As used in this paragraph, “lawful enforcement” includes but is not limited to the following:

 (1) Contacting or interviewing any tenant of an assisted living program in private at any reasonable hour and without advance notice.
 (2) Examining any relevant books or records of an assisted living program unless otherwise protected from disclosure by operation of law.
 (3) Preserving evidence of any violation of this chapter or of the rules adopted pursuant to this chapter.
 k. For any other reason as provided by law or administrative rule.
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Terms Used In Iowa Code 231C.10

  • Adult day services: means adult day services as defined in section 231D. See Iowa Code 231C.2
  • 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
  • Bequest: Property gifted by will.
  • Department: means the department of health and human services. See Iowa Code 249L.2
  • Department: means the department of inspections, appeals, and licensing or the department's designee. See Iowa Code 231C.2
  • Dependent: A person dependent for support upon another.
  • Dependent: shall mean and include a spouse, child, mother, father, grandparent, or grandchild who is in need of and entitled to support from a person who is declared to be legally liable for such support. See Iowa Code 252A.2
  • Devise: To gift property by will.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • 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
  • lawful enforcement: includes but is not limited to the following:
     (1) Contacting or interviewing any tenant of an assisted living program in private at any reasonable hour and without advance notice. See Iowa Code 231C.10
  • Nursing facility: means a licensed nursing facility as defined in section 135C. See Iowa Code 249L.2
  • person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
  • program: means an entity that provides assisted living. See Iowa Code 231C.2
  • property: includes personal and real property. See Iowa Code 4.1
  • 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
  • Substantial compliance: means a level of compliance with this chapter and rules adopted pursuant to this chapter such that any identified insufficiencies pose no greater risk to tenant health or safety than the potential for causing minimal harm. See Iowa Code 231C.2
  • Tenant: means an individual who receives assisted living services through a certified assisted living program. See Iowa Code 231C.2
  • Trustee: A person or institution holding and administering property in trust.
  • year: means twelve consecutive months. See Iowa Code 4.1
 2. The department may as an alternative to denial, suspension, or revocation conditionally issue or continue a certificate dependent upon the performance by the assisted living program of reasonable conditions within a reasonable period of time as set by the department so as to permit the program to commence or continue the operation of the program pending substantial compliance with this chapter or the rules adopted pursuant to this chapter. If the assisted living program does not make diligent efforts to comply with the conditions prescribed, the department may, under the proceedings prescribed by this chapter, suspend or revoke the certificate. An assisted living program shall not be operated on a conditional certificate for more than one year.
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