Iowa Admin. Code r. 481-69.24 - Involuntary transfer from the program
(1)
Program initiation of transfer.
If a program initiates the involuntary transfer of a tenant and the action is
not the result of a monitoring, including a complaint investigation or
program -reported incident investigation, by the department and if the tenant or
tenant's legal representative contests the transfer, the following procedures
shall apply:
a. The program shall notify the
tenant or tenant's legal representative, in accordance with the occupancy
agreement, of the need to transfer the tenant and of the reason for the
transfer and shall include the contact information for the office of long-term
care ombudsman.
b. The program
shall immediately provide to the office of long-term care ombudsman, by
certified mail, a copy of the notification and notify the tenant's treating
physician, if any.
c. Pursuant to
statute, the office of long-term care ombudsman shall offer the notified tenant
or tenant's legal representative assistance with the program 's internal appeal
process. The tenant or tenant's legal representative is not required to accept
the assistance of the office of long-term care ombudsman.
d. If, following the internal appeal process, the
program upholds the transfer decision, the tenant or tenant's legal
representative may utilize other remedies authorized by law to contest the
transfer.
(2)
Transfer pursuant to results of monitoring or complaint or
program -reported incident investigation by the department. If one or
more tenants are identified as exceeding the admission and retention criteria
for tenants and need to be transferred as a result of a monitoring or a
complaint or program -reported incident investigation conducted by the
department, the following procedures shall apply:
a.
Program agreement with the
department'sfinding. If the program agrees with the department's
finding and the program begins involuntary transfer proceedings, the program 's
internal appeal process in subrule 69.24(1) shall be utilized for
appeals.
b.
Program
disagreement with the department's finding. If the program does not
agree with the department's finding that the tenant exceeds admission and
retention criteria, the program may appeal the department's final report as
provided in rule 481-67.14
(17A,231B,231C,231D,85GA,HF2365). If an appeal is filed, the tenant who exceeds
admission and retention criteria shall be allowed to continue living at the
program until all administrative appeals have been exhausted. Appeals filed
that relate to the tenant's exceeding admission and retention criteria shall be
heard within 30 days of receipt, and appropriate services to meet the tenant's
needs shall be provided during that period of time.
c.
Request for waiver of criteria for
retention of a tenant in a program . To allow a tenant to remain in the
program , the program may request a waiver of criteria for retention of a tenant
pursuant to rule 481-67.7 (231B,231C,231D) from
the department within 10 working days of the receipt of the
report.
Notes
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