231D.5 - DENIAL, SUSPENSION, OR REVOCATION.
231D.5 DENIAL, SUSPENSION, OR REVOCATION.
1. The department may deny, suspend, or revoke certification if
the department finds that there has been a substantial or repeated
failure on the part of the adult day services program to comply with
this chapter or the rules or minimum standards adopted pursuant to
this chapter, or for any of the following reasons:
a. Appropriation or conversion of the property of a
participant without the participant's written consent or the written
consent of the participant's legal representative.
b. Permitting, aiding, or abetting the commission of any
illegal act in the adult day services program.
c. Obtaining or attempting to obtain or retain certification
by fraudulent means, misrepresentation, or by submitting false
information.
d. Habitual intoxication or addiction to the use of drugs by
the applicant, owner, manager, or supervisor of the adult day
services program.
e. Securing the devise or bequest of the property of a
participant by undue influence.
f. Failure or neglect to maintain a required continuing
education and training program for all personnel employed in the
adult day services program.
g. Founded dependent adult abuse as defined in section
235B.2.
h. In the case of any officer, member of the board of
directors, trustee, or designated manager of the program or any
stockholder, partner, or individual who has greater than a five
percent equity interest in the program, having or having had an
ownership interest in an adult day services program, assisted living
program, elder group home, home health agency, residential care
facility, or licensed nursing facility in any state which has been
closed due to removal of program, agency, or facility licensure or
certification or involuntary termination from participation in either
the medical assistance or Medicare programs, or having been found to
have failed to provide adequate protection or services for
participants to prevent abuse or neglect.
i. In the case of a certificate applicant or an existing
certified owner or operator who is an entity other than an
individual, the person is in a position of control or is an officer
of the entity and engages in any act or omission proscribed by this
chapter.
j. In the case of an application by an existing certificate
holder for a new or newly acquired adult day services program, the
department may deny certification on the basis of continuing or
repeated failure of the certificate holder to operate any previously
certified adult day services program in compliance with this chapter
or of the rules adopted pursuant to this chapter.
k. For any other reason as provided by law or administrative
rule.
2. In the case of a certificate applicant or existing certificate
holder which is an entity other than an individual, the department
may deny, suspend, or revoke a certificate if any individual who is
in a position of control or is an officer of the entity engages in
any act or omission proscribed by this section. Section History: Recent Form
2003 Acts, ch 165, §5; 2005 Acts, ch 61, §6, 17; 2006 Acts, ch
1030, §25; 2007 Acts, ch 215, §190, 191; 2008 Acts, ch 1031, § 41;
2008 Acts, ch 1032, § 37
Referred to in § 231D.7