231B.5 - WRITTEN OCCUPANCY AGREEMENT REQUIRED.
231B.5 WRITTEN OCCUPANCY AGREEMENT REQUIRED.
1. An elder group home shall not operate in this state unless a
written occupancy agreement, as prescribed in subsection 2, is
executed between the elder group home and each tenant or the tenant's
legal representative prior to the tenant's occupancy, and unless the
elder group home operates in accordance with the terms of the
occupancy agreement. The elder group home shall deliver to the
tenant or the tenant's legal representative a complete copy of the
occupancy agreement and all supporting documents and attachments and
shall deliver, at least thirty days prior to any changes, a written
copy of changes to the occupancy agreement if any changes to the copy
originally delivered are subsequently made, unless otherwise provided
in this section.
2. An elder group home occupancy agreement shall clearly describe
the rights and responsibilities of the tenant and the elder group
home. The occupancy agreement shall also include but is not limited
to inclusion of all of the following information in the body of the
agreement or in the supporting documents and attachments:
a. A description of all fees, charges, and rates describing
tenancy and basic services covered, and any additional and optional
services and their related costs.
b. A statement regarding the impact of the fee structure on
third-party payments, and whether third-party payments and resources
are accepted by the elder group home.
c. The procedure followed for nonpayment of fees.
d. Identification of the party responsible for payment of
fees and identification of the tenant's legal representative, if any.
e. The term of the occupancy agreement.
f. A statement that the elder group home shall notify the
tenant or the tenant's legal representative, as applicable, in
writing at least thirty days prior to any change being made in the
occupancy agreement with the following exceptions:
(1) When the tenant's health status or behavior constitutes a
substantial threat to the health or safety of the tenant, other
tenants, or others, including when the tenant refuses to consent to
relocation.
(2) When an emergency or a significant change in the tenant's
condition results in the need for the provision of services that
exceed the type or level of services included in the occupancy
agreement and the necessary services cannot be safely provided by the
elder group home.
g. A statement that all tenant information shall be
maintained in a confidential manner to the extent required under
state and federal law.
h. Occupancy, involuntary transfer, and transfer criteria and
procedures, which ensure a safe and orderly transfer.
i. The internal appeals process provided relative to an
involuntary transfer.
j. The program's policies and procedures for addressing
grievances between the elder group home and the tenants, including
grievances relating to transfer and occupancy.
k. A statement of the prohibition against retaliation as
prescribed in section 231B.13.
l. The emergency response policy.
m. The staffing policy which specifies if nurse delegation
will be used, and how staffing will be adapted to meet changing
tenant needs.
n. The refund policy.
o. A statement regarding billing and payment procedures.
3. Occupancy agreements and related documents executed by each
tenant or tenant's legal representative shall be maintained by the
elder group home from the date of execution until three years from
the date the occupancy agreement is terminated. A copy of the most
current occupancy agreement shall be provided to members of the
general public, upon request. Occupancy agreements and related
documents shall be made available for on-site inspection to the
department upon request and at reasonable times. Section History: Recent Form
2005 Acts, ch 62, §5; 2007 Acts, ch 215, §144