231B.6 - INVOLUNTARY TRANSFER.
231B.6 INVOLUNTARY TRANSFER.
1. If an elder group home initiates the involuntary transfer of a
tenant and the action is not a result of a monitoring evaluation or
complaint investigation by the department, and if the tenant or
tenant's legal representative contests the transfer, the following
procedure shall apply:
a. The elder group home shall notify the tenant or tenant's
legal representative, in accordance with the occupancy agreement, of
the need to transfer, the reason for the transfer, and the contact
information of the tenant advocate.
b. The elder group home shall provide the tenant advocate
with a copy of the notification to the tenant.
c. The tenant advocate shall offer the notified tenant or
tenant's legal representative assistance with the program's internal
appeals process. The tenant is not required to accept the assistance
of the tenant advocate.
d. If, following the internal appeals process, the elder
group home upholds the transfer decision, the tenant or the tenant's
legal representative may utilize other remedies authorized by law to
contest the transfer.
2. The department, in consultation with affected state agencies
and affected industry, professional, and consumer groups, shall
establish by rule, in accordance with chapter 17A, procedures to be
followed, including the opportunity for hearing, when the transfer of
a tenant results from a monitoring evaluation or complaint
investigation conducted by the department. Section History: Recent Form
2005 Acts, ch 62, §6; 2007 Acts, ch 215, §145, 146