§ 231D.17 — Written contractual agreement required

Iowa § 231D.17

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

Text

1. Anadultdayservicesprogramshallnotoperateinthisstateunlessawrittencontractual
agreement is executed between the adult day services program and each participant or the
participant’s legal representative prior to the participant’s admission to the program, and
unless the adult day services program operates in accordance with the terms of the written
contractual agreement. The adult day services program shall deliver to the participant or the
participant’slegalrepresentativeacompletecopyofthewrittencontractualagreementandall
supporting documents and attachments, prior to the participant’s admission to the program,
and shall also deliver a written copy of changes to the written contractual agreement, if any
changes to the copy originally delivered are subsequently made, at least thirty days prior to
any changes, unless otherwise provided in this section.
2. An adult day services program written contractual agreement shall clearly describe
the rights and responsibilities of the participant and the program. The written contractual
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 admission 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 adult day services program.
c. The procedure followed for nonpayment of fees.
d. Identification of the party responsible for payment of fees and identification of the
participant’s legal representative, if any.
e. The term of the written contractual agreement.
f. A statement that the adult day services program shall notify the participant or the
participant’s legal representative, as applicable, in writing at least thirty days prior to any
change being made in the written contractual agreement, with the following exceptions:
(1) When the participant’s health status or behavior constitutes a substantial threat to
the health or safety of the participant, other participants, or others, including when the
participant refuses to consent to discharge.
(2) When an emergency or a significant change in the participant’s condition results in
the need for the provision of services that exceed the type or level of services included in the
written contractual agreement and the necessary services cannot be safely provided by the
adult day services program.
9 ADULT DAY SERVICES, §231D.19
g. A statement that all participant information shall be maintained in a confidential
manner to the extent required under state and federal law.
h. Discharge, 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 adult
day services program and the participants, including grievances relating to transfer and
occupancy.
k. A statement of the prohibition against retaliation as prescribed in section 231D.12.
l. The emergency response policy.
m. The staffing policy which specifies staff is available during all times of program
operation, if nurse delegation will be used, and how staffing will be adapted to meet changing
participant needs.
n. In dementia-specific adult day services programs, a description of the services and
programming provided to meet the life skills and social activities of participants.
o. The refund policy.
p. A statement regarding billing and payment procedures.
3. Written contractual agreements and related documents executed by each participant
or participant’s legal representative shall be maintained by the adult day services program in
programfilesfromthedateofexecutionuntilthreeyearsfromthedatethewrittencontractual
agreement is terminated. A copy of the most current written contractual agreement shall be
provided to members of the general public, upon request. Written contractual agreements
and related documents shall be made available for on-site inspection to the department upon
request and at reasonable times.