135C.23 - EXPRESS REQUIREMENTS FOR ADMISSION OR RESIDENCE.
135C.23 EXPRESS REQUIREMENTS FOR ADMISSION OR
RESIDENCE.
No individual shall be admitted to or permitted to remain in a
health care facility as a resident, except in accordance with the
requirements of this section.
1. Each resident shall be covered by a contract executed at the
time of admission or prior thereto by the resident, or the resident's
legal representative, and the health care facility, except as
otherwise provided by subsection 5 with respect to residents admitted
at public expense to a county care facility operated under chapter
347B. Each party to the contract shall be entitled to a duplicate
original thereof, and the health care facility shall keep on file all
contracts which it has with residents and shall not destroy or
otherwise dispose of any such contract for at least one year after
its expiration. Each such contract shall expressly set forth:
a. The terms of the contract.
b. The services and accommodations to be provided by the
health care facility and the rates or charges therefor.
c. Specific descriptions of any duties and obligations of the
parties in addition to those required by operation of law.
d. Any other matters deemed appropriate by the parties to the
contract. No contract or any provision thereof shall be drawn or
construed so as to relieve any health care facility of any
requirement or obligation imposed upon it by this chapter or any
standards or rules in force pursuant to this chapter, nor contain any
disclaimer of responsibility for injury to the resident, or to
relatives or other persons visiting the resident, which occurs on the
premises of the facility or, with respect to injury to the resident,
which occurs while the resident is under the supervision of any
employee of the facility whether on or off the premises of the
facility.
2. a. A health care facility shall not knowingly admit or
retain a resident:
(1) Who is dangerous to the resident or other residents.
(2) Who is in an acute stage of alcoholism, drug addiction, or
mental illness.
(3) Whose condition or conduct is such that the resident would be
unduly disturbing to other residents.
(4) Who is in need of medical procedures, as determined by a
physician, or services which cannot be or are not being carried out
in the facility.
b. This section does not prohibit the admission of a patient
with a history of dangerous or disturbing behavior to an intermediate
care facility for persons with mental illness, intermediate care
facility for persons with mental retardation, nursing facility, or
county care facility when the intermediate care facility for persons
with mental illness, intermediate care facility for persons with
mental retardation, nursing facility, or county care facility has a
program which has received prior approval from the department to
properly care for and manage the patient. An intermediate care
facility for persons with mental illness, intermediate care facility
for persons with mental retardation, nursing facility, or county care
facility is required to transfer or discharge a resident with
dangerous or disturbing behavior when the intermediate care facility
for persons with mental illness, intermediate care facility for
persons with mental retardation, nursing facility, or county care
facility cannot control the resident's dangerous or disturbing
behavior. The department, in coordination with the state mental
health, mental retardation, developmental disabilities, and brain
injury commission created in section 225C.5, shall adopt rules
pursuant to chapter 17A for programs to be required in intermediate
care facilities for persons with mental illness, intermediate care
facilities for persons with mental retardation, nursing facilities,
and county care facilities that admit patients or have residents with
histories of dangerous or disturbing behavior.
c. The denial of admission of a person to a health care
facility shall not be based upon the patient's condition, which is
the existence of a specific disease in the patient, but the decision
to accept or deny admission of a patient with a specific disease
shall be based solely upon the ability of the health care facility to
provide the level of care required by the patient.
3. Except in emergencies, a resident who is not essentially
capable of managing the resident's own affairs shall not be
transferred out of a health care facility or discharged for any
reason without prior notification to the next of kin, legal
representative, or agency acting on the resident's behalf. When such
next of kin, legal representative, or agency cannot be reached or
refuses to cooperate, proper arrangements shall be made by the
facility for the welfare of the resident before the resident's
transfer or discharge.
4. No owner, administrator, employee, or representative of a
health care facility shall pay any commission, bonus, or gratuity in
any form whatsoever, directly or indirectly, to any person for
residents referred to such facility, nor accept any commission,
bonus, or gratuity in any form whatsoever, directly or indirectly,
for professional or other services or supplies purchased by the
facility or by any resident, or by any third party on behalf of any
resident, of the facility.
5. Each county which maintains a county care facility under
chapter 347B shall develop a statement in lieu of, and setting forth
substantially the same items as, the contracts required of other
health care facilities by subsection 1. The statement must be
approved by the county board of supervisors and by the department.
When so approved, the statement shall be considered in force with
respect to each resident of the county care facility. Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 135C.23] Section History: Recent Form
83 Acts, ch 76, § 1; 87 Acts, ch 190, §1; 88 Acts, ch 1234, §9; 90
Acts, ch 1039, § 9; 94 Acts, ch 1170, §23; 96 Acts, ch 1129, § 113;
2004 Acts, ch 1090, §1; 2009 Acts, ch 41, §263
Referred to in § 135C.1, 229.21, 331.382, 335.25, 347B.9, 414.22