231C.6 - INVOLUNTARY TRANSFER.
231C.6 INVOLUNTARY TRANSFER.
1. If an assisted living program 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 the tenant's legal representative contests the transfer,
the following procedure shall apply:
a. The assisted living program shall notify the tenant or the
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 assisted living program shall provide the tenant
advocate with a copy of the notification to the tenant.
c. The tenant advocate shall offer the notified tenant or the
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 assisted
living program 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
2000 Acts, ch 1222, §13, 17; 2003 Acts, ch 166, §13; 2005 Acts, ch
60, §12, 21; 2007 Acts, ch 215, §169, 170