231D.3 - CERTIFICATION REQUIRED.
231D.3 CERTIFICATION REQUIRED.
1. A person or governmental unit acting severally or jointly with
any other person or governmental unit shall not establish or operate
an adult day services program and shall not represent an adult day
services program to the public as certified unless and until the
program is certified pursuant to this chapter. If an adult day
services program is voluntarily accredited by a recognized
accrediting entity with specific adult day services standards, the
department shall accept voluntary accreditation as the basis for
certification by the department. The owner or manager of a certified
adult day services program shall comply with the rules adopted by the
department for an adult day services program.
2. An adult day services program may provide any type of adult
day services for which the program is certified. An adult day
services program shall provide services and supervision commensurate
with the needs of the participants. An adult day services program
shall not provide services to individuals requiring a level or type
of services for which the program is not certified and services
provided shall not exceed the level or type of services for which the
program is certified.
3. An adult day services program that has been certified by the
department shall not alter the program, operation, or adult day
services for which the program is certified in a manner that affects
continuing certification without prior approval of the department.
The department shall specify, by rule, alterations that are subject
to prior approval.
4. A department, agency, or officer of this state or of any
governmental unit shall not pay or approve for payment from public
funds any amount to an adult day services program for an actual or
prospective participant, unless the program holds a current
certificate issued by the department and meets all current
requirements for certification.
5. The department shall adopt rules regarding the conducting or
operating of another business or activity in the distinct part of the
physical structure in which the adult day services program is
provided, if the business or activity serves persons who are not
participants. The rules shall be developed in consultation with
affected state agencies and affected industry, professional, and
consumer groups.
6. The department shall conduct training sessions for personnel
responsible for conducting monitoring evaluations and complaint
investigations of adult day services programs.
7. Certification of an adult day services program shall be for
two years unless revoked for good cause by the department. Section History: Recent Form
2003 Acts, ch 165, §3; 2005 Acts, ch 61, §3, 4, 17; 2007 Acts, ch
215, §187