231C.10 - DENIAL, SUSPENSION, OR REVOCATION -- CONDITIONAL OPERATION.
231C.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 assisted living program to
comply with this chapter or the rules, or minimum standards adopted
under this chapter, or for any of the following reasons:
a. Appropriation or conversion of the property of an assisted
living program 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 assisted living program.
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 assisted living program.
e. Securing the devise or bequest of the property of a tenant
of an assisted living program by undue influence.
f. Failure to protect tenants from dependent adult abuse as
defined in section 235E.1.
g. In the case of any officer, member of the board of
directors, trustee, or designated manager of the program or any
stockholder, partner, or individual who has greater than a five
percent equity interest in the program, having or having had an
ownership interest in an assisted living program, adult day services
program, elder group home, home health agency, residential care
facility, or licensed nursing facility in 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 assisted living program 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 program pending substantial compliance with this
chapter or the rules adopted pursuant to this chapter. If the
assisted living program does not make diligent efforts to comply with
the conditions prescribed, the department may, under the proceedings
prescribed by this chapter, suspend or revoke the certificate. An
assisted living program shall not be operated on a conditional
certificate for more than one year. Section History: Recent Form
2003 Acts, ch 166, §17; 2005 Acts, ch 60, §15, 21; 2006 Acts, ch
1030, §24; 2007 Acts, ch 215, §174, 175; 2009 Acts, ch 156, §14, 15