231D.18 - INVOLUNTARY TRANSFER.

        231D.18  INVOLUNTARY TRANSFER.
         1.  If an adult day services program initiates the involuntary
      transfer of a participant and the action is not a result of a
      monitoring evaluation or complaint investigation by the department,
      and if the participant or participant's legal representative contests
      the transfer, the following procedure shall apply:
         a.  The adult day services program shall notify the
      participant or participant's legal representative, in accordance with
      the written contractual agreement, of the need to transfer and the
      reason for the transfer.
         b.  If, following the internal appeals process, the adult day
      services program upholds the transfer decision, the participant or
      participant'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 participant results from a monitoring evaluation or complaint
      investigation conducted by the department.  
         Section History: Recent Form
         2005 Acts, ch 61, §16, 17; 2007 Acts, ch 215, §204, 205