231D.12 - RETALIATION BY ADULT DAY SERVICES PROGRAM PROHIBITED.
231D.12 RETALIATION BY ADULT DAY SERVICES PROGRAM
PROHIBITED.
1. An adult day services program shall not discriminate or
retaliate in any way against a participant, participant's family, or
an employee of the program who has initiated or participated in any
proceeding authorized by this chapter. An adult day services program
that violates this section is subject to a penalty as established by
administrative rule, to be assessed and collected by the department,
paid into the state treasury, and credited to the general fund of the
state.
2. Any attempt to discharge a participant from an adult day
services program by whom or upon whose behalf a complaint has been
submitted to the department under section 231D.9, within ninety days
after the filing of the complaint or the conclusion of any proceeding
resulting from the complaint, shall raise a rebuttable presumption
that the action was taken by the program in retaliation for the
filing of the complaint, except in situations in which the
participant is discharged due to changes in health status which
exceed the level of care offered by the adult day services program or
in other situations as specified by rule. Section History: Recent Form
2003 Acts, ch 165, §12; 2005 Acts, ch 61, §12, 17; 2006 Acts, ch
1010, §74; 2007 Acts, ch 215, §200
Referred to in § 231D.17