231B.10 - DENIAL, SUSPENSION, OR REVOCATION -- CONDITIONAL OPERATION.
231B.10 DENIAL, SUSPENSION, OR REVOCATION --
CONDITIONAL OPERATION.
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 elder group home to comply
with this chapter or minimum standards adopted under this chapter or
for any of the following reasons:
a. Appropriation or conversion of the property of an elder
group home 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 elder group home.
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 elder group home.
e. Securing the devise or bequest of the property of a tenant
of an elder group home by undue influence.
f. Founded dependent adult abuse as defined in section
235B.2.
g. In the case of any officer, member of the board of
directors, trustee, or designated manager of the elder group home or
any stockholder, partner, or individual who has greater than a five
percent equity interest in the elder group home, having or having had
an ownership interest in an elder group home, assisted living or
adult day services program, home health agency, residential care
facility, or licensed nursing facility in this or 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. For any other reason as provided by law or administrative
rule.
2. The department may as an alternative to denial, suspension, or
revocation conditionally issue or continue a certificate dependent
upon the performance by the elder group home 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 elder
group home pending full compliance with this chapter or the rules
adopted pursuant to this chapter. If the elder group home does not
make diligent efforts to comply with the conditions prescribed, the
department may, under the proceedings prescribed by this chapter,
deny, suspend, or revoke the certificate. An elder group home shall
not be operated on a conditional certificate for more than one year.
Section History: Recent Form
2005 Acts, ch 62, §10; 2006 Acts, ch 1030, §23; 2007 Acts, ch 215,
§150, 151