231C.5 - WRITTEN OCCUPANCY AGREEMENT REQUIRED.
231C.5 WRITTEN OCCUPANCY AGREEMENT REQUIRED.
1. An assisted living program shall not operate in this state
unless a written occupancy agreement, as prescribed in subsection 2,
is executed between the assisted living program and each tenant or
the tenant's legal representative, prior to the tenant's occupancy,
and unless the assisted living program operates in accordance with
the terms of the occupancy agreement. The assisted living program
shall deliver to the tenant or the tenant's legal representative a
complete copy of the occupancy agreement and all supporting documents
and attachments and shall deliver, at least thirty days prior to any
changes, a written copy of changes to the occupancy agreement if any
changes to the copy originally delivered are subsequently made.
2. An assisted living program occupancy agreement shall clearly
describe the rights and responsibilities of the tenant and the
program. The occupancy agreement shall also include but is not
limited to inclusion of all of the following information in the body
of the agreement or in the supporting documents and attachments:
a. A description of all fees, charges, and rates describing
tenancy and basic services covered, and any additional and optional
services and their related costs.
b. A statement regarding the impact of the fee structure on
third-party payments, and whether third-party payments and resources
are accepted by the assisted living program.
c. The procedure followed for nonpayment of fees.
d. Identification of the party responsible for payment of
fees and identification of the tenant's legal representative, if any.
e. The term of the occupancy agreement.
f. A statement that the assisted living program shall notify
the tenant or the tenant's legal representative, as applicable, in
writing at least thirty days prior to any change being made in the
occupancy agreement with the following exceptions:
(1) When the tenant's health status or behavior constitutes a
substantial threat to the health or safety of the tenant, other
tenants, or others, including when the tenant refuses to consent to
relocation.
(2) When an emergency or a significant change in the tenant's
condition results in the need for the provision of services that
exceed the type or level of services included in the occupancy
agreement and the necessary services cannot be safely provided by the
assisted living program.
g. A statement that all tenant information shall be
maintained in a confidential manner to the extent required under
state and federal law.
h. Occupancy, involuntary transfer, and transfer criteria and
procedures, which ensure a safe and orderly transfer.
i. The internal appeals process provided relative to an
involuntary transfer.
j. The program's policies and procedures for addressing
grievances between the assisted living program and the tenants,
including grievances relating to transfer and occupancy.
k. A statement of the prohibition against retaliation as
prescribed in section 231C.13.
l. The emergency response policy.
m. The staffing policy which specifies if nurse delegation
will be used, and how staffing will be adapted to meet changing
tenant needs.
n. In dementia-specific assisted living programs, a
description of the services and programming provided to meet the life
skills and social activities of tenants.
o. The refund policy.
p. A statement regarding billing and payment procedures.
3. Occupancy agreements and related documents executed by each
tenant or the tenant's legal representative shall be maintained by
the assisted living program in program files from the date of
execution until three years from the date the occupancy agreement is
terminated. A copy of the most current occupancy agreement shall be
provided to members of the general public, upon request. Occupancy
agreements and related documents shall be made available for on-site
inspection to the department upon request and at reasonable times.
Section History: Recent Form
96 Acts, ch 1192, §5; 2003 Acts, ch 166, §12; 2005 Acts, ch 60,
§11, 21; 2007 Acts, ch 215, §168