§ 231D.10A — Informal conference — formal contest — judicial review

Iowa § 231D.10A

• Jurisdiction: Iowa
• Title VI: HUMAN SERVICES
• Ch. 231D: ADULT DAY SERVICES

Text

1. Within twenty business days after issuance of the final findings, the adult day services
program shall notify the director if the program desires to contest the findings and do either
of the following:
a. Request an informal conference with an independent reviewer pursuant to subsection
2. Upon the conclusion of an informal conference, if the adult day services program desires
to further contest an affirmed or modified regulatory insufficiency, it may do so by giving
notice of intent to formally contest the regulatory insufficiency, in writing, to the department
within five days after receipt of the written decision of the independent reviewer.
b. Request a contested case hearing in the manner provided by chapter 17A for contested
cases. The formal hearing shall be conducted in accordance with chapter 17A and rules
adopted by the department.
2. a. The department shall provide an independent reviewer to hold an informal
conference with an adult day services program within ten working days after receiving a
request from the program pursuant to subsection 1, paragraph “a”. At the conclusion of the
informal conference, the independent reviewer may affirm, modify, or dismiss a contested
regulatory insufficiency. The independent reviewer shall state in writing the specific reasons
for the affirmation, modification, or dismissal and immediately transmit copies of the
statement to the department and to the program.
b. An independent reviewer shall be licensed as an attorney in the state of Iowa and shall
not be employed or have been employed by the department in the past eight years or have
appeared in front of the department on behalf of an adult day services program in the past
eightyears. Preferenceshallbegiventoanattorneywithbackgroundknowledge,experience,
or training in long-term care. The department may issue a request for proposals to enter
into a contract for the purpose of providing one or more independent reviewers for informal
conferences.
3. Anadultdayservicesprogramthathasexhaustedalladequateadministrativeremedies
and is aggrieved by the final action of the department may petition for judicial review in the
manner provided by chapter 17A.