135C.4 - RESIDENTIAL CARE FACILITIES.
135C.4 RESIDENTIAL CARE FACILITIES.
Each facility licensed as a residential care facility shall
provide an organized continuous twenty-four-hour program of care
commensurate with the needs of the residents of the home and under
the immediate direction of a person approved and certified by the
department whose combined training and supervised experience is such
as to ensure adequate and competent care. All admissions to
residential care facilities shall be based on an order written by a
physician certifying that the individual being admitted does not
require nursing services or that the individual's need for nursing
services can be avoided if home and community-based services, other
than nursing care, as defined by this chapter and departmental rule,
are provided. For the purposes of this section, the home and
community-based services to be provided shall be limited to the type
included under the medical assistance program provided pursuant to
chapter 249A, shall be subject to cost limitations established by the
department of human services under the medical assistance program,
and except as otherwise provided by the department of inspections and
appeals with the concurrence of the department of human services,
shall be limited in capacity to the number of licensed residential
care facilities and the number of licensed residential care facility
beds in the state as of December 1, 2003. Section History: Early Form
[C50, 54, § 135C.9; C58, 62, 66, 71, 73, 75, 77, 79, 81, § 135C.4]
Section History: Recent Form
2004 Acts, ch 1085, §2, 11
Referred to in § 135C.2, 347B.6