35D.15 RULES ENFORCED -- POWER TO SUSPEND AND
DISCHARGE MEMBERS.
1. The commandant shall administer and enforce all rules adopted
by the commission, including rules of discipline and, subject to
these rules, may immediately suspend the membership of and discharge
any person from the home for infraction of the rules when the
commandant determines that the health, safety, or welfare of the
residents of the home is in immediate danger and other reasonable
alternatives have been exhausted. The suspension and discharge are
temporary pending action by the commission. Judicial review of the
action of the commission may be sought in accordance with chapter
17A.
2. a. The commandant shall, with the input and recommendation
of the interdisciplinary resident care committee, involuntarily
discharge a member for any of the following reasons:
(1) (a) The member has been diagnosed with a substance use
disorder but continues to abuse alcohol or an illegal drug in
violation of the member's conditional or provisional agreement
entered into at the time of admission, and all of the following
conditions are met:
(i) The member has been provided sufficient notice of any changes
in the member's collaborative care plan.
(ii) The member has been notified of the member's commission of
three offenses and has been given the opportunity to correct the
behavior through either of the following options:
(A) Being given the opportunity to receive the appropriate level
of treatment in accordance with best practices for standards of care.
(B) By having been placed on probation by the Iowa veterans home
for a second offense.
(b) Notwithstanding the member's meeting the criteria for
discharge under this subparagraph (1), if the member has demonstrated
progress toward the goals established in the member's collaborative
care plan, the interdisciplinary resident care committee and the
commandant may exercise discretion regarding the discharge.
Notwithstanding any provision to the contrary, the member may be
immediately discharged under this subparagraph (1) if the member's
actions or behavior jeopardizes the life or safety of other members
or staff.
(2) (a) The member refuses to utilize the resources available to
address issues identified in the member's collaborative care plan,
and all of the following conditions are met:
(i) The member has been provided sufficient notice of any changes
in the member's collaborative care plan.
(ii) The member has been notified of the member's commission of
three offenses and the member has been placed on probation by the
Iowa veterans home for a second offense.
(b) Notwithstanding the member's meeting the criteria for
discharge under this subparagraph (2), if the member has demonstrated
progress toward the goals established in the member's collaborative
care plan, the interdisciplinary resident care committee and the
commandant may exercise discretion regarding the discharge.
Notwithstanding any provision to the contrary, the member may be
immediately discharged if the member's actions or behavior
jeopardizes the life or safety of other members or staff.
(3) The member's medical or life skills needs have been met to
the extent possible through the services provided by the Iowa
veterans home and the member no longer requires a residential or
nursing level of care, as determined by the interdisciplinary
resident care committee.
(4) The member requires a level of licensed care not provided at
the Iowa veterans home.
b. (1) If a member is discharged under this subsection, the
discharge plan shall include placement in a suitable living situation
which may include but is not limited to a transitional living program
approved by the commission or a living program provided by the United
States veterans administration.
(2) If a member is involuntarily discharged under this
subsection, the commission shall, to the greatest extent possible,
ensure against the veteran being homeless and ensure that the
domicile to which the veteran is discharged is fit and habitable and
offers a safe and clean environment which is free from health hazards
and provides appropriate heating, ventilation, and protection from
the elements.
c. (1) An involuntary discharge of a member under this
subsection shall be preceded by a written notice to the member. The
notice shall state that unless the discharge is an immediate
discharge due to the member's actions or behavior which jeopardizes
the life or safety of other members or staff, the effective date of
the discharge is thirty calendar days from the date of receipt of the
discharge notice, and that the member has the right to appeal the
discharge. If a member appeals such discharge, the member shall also
be provided with the information relating to the appeals process as
specified in this paragraph "c".
(2) If the member appeals the discharge under this subsection,
the following provisions shall apply:
(a) The member shall file the appeal with the commission within
five calendar days of receipt of the discharge notice.
(b) The commission shall render a decision on the appeal and
notify the member of the decision, in writing, within ten calendar
days of the filing of the appeal.
(c) If the member is not satisfied with the decision of the
commission, the member may appeal the commission's decision by filing
an appeal with the department of inspections and appeals within five
calendar days of being notified in writing of the commission's
decision.
(d) The department of inspections and appeals shall render a
decision on the appeal of the commission's decision and notify the
member of the decision, in writing, within fifteen calendar days of
the filing of the appeal with the department.
(e) The maximum time period that shall elapse between receipt by
the member of the discharge notice and actual discharge shall not
exceed fifty-five days, which includes the thirty-day discharge
notice period and any time during which any appeals to the commission
or the department of inspections and appeals are pending.
(3) If a member is not satisfied with the decision of the
department of inspections and appeals, the member may seek judicial
review in accordance with chapter 17A. A member's discharge under
this subsection shall be stayed while judicial review is pending.
d. Annually, by the fourth Monday of each session of the
general assembly, the commandant shall submit a report to the
veterans affairs committees of the senate and house of
representatives specifying the number, circumstances, and placement
of each member involuntarily discharged from the Iowa veterans home
under this subsection during the previous calendar year.
e. The commission shall adopt rules to enforce this
subsection.
f. Any involuntary discharge by the commandant under this
subsection shall comply with the rules adopted by the commission
under this subsection and by the department of inspections and
appeals pursuant to section 135C.14, subsection 8, paragraph "f".
g. For the purposes of this subsection:
(1) "Collaborative care plan" means the plan of care
developed for a member by the interdisciplinary resident care
committee.
(2) "Interdisciplinary resident care committee" means the
member, a social worker, a registered nurse, a dietitian, a medical
provider, a recreation specialist, and other staff, as appropriate,
who are involved in reviewing a member's assessment data and
developing a collaborative care plan for the individual member.
35D.15 RULES ENFORCED -- POWER TO SUSPEND AND
DISCHARGE MEMBERS.
1. The commandant shall administer and enforce all rules adopted
by the commission, including rules of discipline and, subject to
these rules, may immediately suspend the membership of and discharge
any person from the home for infraction of the rules when the
commandant determines that the health, safety, or welfare of the
residents of the home is in immediate danger and other reasonable
alternatives have been exhausted. The suspension and discharge are
temporary pending action by the commission. Judicial review of the
action of the commission may be sought in accordance with chapter
17A.
2. a. The commandant shall, with the input and recommendation
of the interdisciplinary resident care committee, involuntarily
discharge a member for any of the following reasons:
(1) (a) The member has been diagnosed with a substance use
disorder but continues to abuse alcohol or an illegal drug in
violation of the member's conditional or provisional agreement
entered into at the time of admission, and all of the following
conditions are met:
(i) The member has been provided sufficient notice of any changes
in the member's collaborative care plan.
(ii) The member has been notified of the member's commission of
three offenses and has been given the opportunity to correct the
behavior through either of the following options:
(A) Being given the opportunity to receive the appropriate level
of treatment in accordance with best practices for standards of care.
(B) By having been placed on probation by the Iowa veterans home
for a second offense.
(b) Notwithstanding the member's meeting the criteria for
discharge under this subparagraph (1), if the member has demonstrated
progress toward the goals established in the member's collaborative
care plan, the interdisciplinary resident care committee and the
commandant may exercise discretion regarding the discharge.
Notwithstanding any provision to the contrary, the member may be
immediately discharged under this subparagraph (1) if the member's
actions or behavior jeopardizes the life or safety of other members
or staff.
(2) (a) The member refuses to utilize the resources available to
address issues identified in the member's collaborative care plan,
and all of the following conditions are met:
(i) The member has been provided sufficient notice of any changes
in the member's collaborative care plan.
(ii) The member has been notified of the member's commission of
three offenses and the member has been placed on probation by the
Iowa veterans home for a second offense.
(b) Notwithstanding the member's meeting the criteria for
discharge under this subparagraph (2), if the member has demonstrated
progress toward the goals established in the member's collaborative
care plan, the interdisciplinary resident care committee and the
commandant may exercise discretion regarding the discharge.
Notwithstanding any provision to the contrary, the member may be
immediately discharged if the member's actions or behavior
jeopardizes the life or safety of other members or staff.
(3) The member's medical or life skills needs have been met to
the extent possible through the services provided by the Iowa
veterans home and the member no longer requires a residential or
nursing level of care, as determined by the interdisciplinary
resident care committee.
(4) The member requires a level of licensed care not provided at
the Iowa veterans home.
b. (1) If a member is discharged under this subsection, the
discharge plan shall include placement in a suitable living situation
which may include but is not limited to a transitional living program
approved by the commission or a living program provided by the United
States veterans administration.
(2) If a member is involuntarily discharged under this
subsection, the commission shall, to the greatest extent possible,
ensure against the veteran being homeless and ensure that the
domicile to which the veteran is discharged is fit and habitable and
offers a safe and clean environment which is free from health hazards
and provides appropriate heating, ventilation, and protection from
the elements.
c. (1) An involuntary discharge of a member under this
subsection shall be preceded by a written notice to the member. The
notice shall state that unless the discharge is an immediate
discharge due to the member's actions or behavior which jeopardizes
the life or safety of other members or staff, the effective date of
the discharge is thirty calendar days from the date of receipt of the
discharge notice, and that the member has the right to appeal the
discharge. If a member appeals such discharge, the member shall also
be provided with the information relating to the appeals process as
specified in this paragraph "c".
(2) If the member appeals the discharge under this subsection,
the following provisions shall apply:
(a) The member shall file the appeal with the commission within
five calendar days of receipt of the discharge notice.
(b) The commission shall render a decision on the appeal and
notify the member of the decision, in writing, within ten calendar
days of the filing of the appeal.
(c) If the member is not satisfied with the decision of the
commission, the member may appeal the commission's decision by filing
an appeal with the department of inspections and appeals within five
calendar days of being notified in writing of the commission's
decision.
(d) The department of inspections and appeals shall render a
decision on the appeal of the commission's decision and notify the
member of the decision, in writing, within fifteen calendar days of
the filing of the appeal with the department.
(e) The maximum time period that shall elapse between receipt by
the member of the discharge notice and actual discharge shall not
exceed fifty-five days, which includes the thirty-day discharge
notice period and any time during which any appeals to the commission
or the department of inspections and appeals are pending.
(3) If a member is not satisfied with the decision of the
department of inspections and appeals, the member may seek judicial
review in accordance with chapter 17A. A member's discharge under
this subsection shall be stayed while judicial review is pending.
d. Annually, by the fourth Monday of each session of the
general assembly, the commandant shall submit a report to the
veterans affairs committees of the senate and house of
representatives specifying the number, circumstances, and placement
of each member involuntarily discharged from the Iowa veterans home
under this subsection during the previous calendar year.
e. The commission shall adopt rules to enforce this
subsection.
f. Any involuntary discharge by the commandant under this
subsection shall comply with the rules adopted by the commission
under this subsection and by the department of inspections and
appeals pursuant to section 135C.14, subsection 8, paragraph "f".
g. For the purposes of this subsection:
(1) "Collaborative care plan" means the plan of care
developed for a member by the interdisciplinary resident care
committee.
(2) "Interdisciplinary resident care committee" means the
member, a social worker, a registered nurse, a dietitian, a medical
provider, a recreation specialist, and other staff, as appropriate,
who are involved in reviewing a member's assessment data and
developing a collaborative care plan for the individual member.
35D.15 RULES ENFORCED -- POWER TO SUSPEND AND
DISCHARGE MEMBERS.
1. The commandant shall administer and enforce all rules adopted
by the commission, including rules of discipline and, subject to
these rules, may immediately suspend the membership of and discharge
any person from the home for infraction of the rules when the
commandant determines that the health, safety, or welfare of the
residents of the home is in immediate danger and other reasonable
alternatives have been exhausted. The suspension and discharge are
temporary pending action by the commission. Judicial review of the
action of the commission may be sought in accordance with chapter
17A.
2. a. The commandant shall, with the input and recommendation
of the interdisciplinary resident care committee, involuntarily
discharge a member for any of the following reasons:
(1) (a) The member has been diagnosed with a substance use
disorder but continues to abuse alcohol or an illegal drug in
violation of the member's conditional or provisional agreement
entered into at the time of admission, and all of the following
conditions are met:
(i) The member has been provided sufficient notice of any changes
in the member's collaborative care plan.
(ii) The member has been notified of the member's commission of
three offenses and has been given the opportunity to correct the
behavior through either of the following options:
(A) Being given the opportunity to receive the appropriate level
of treatment in accordance with best practices for standards of care.
(B) By having been placed on probation by the Iowa veterans home
for a second offense.
(b) Notwithstanding the member's meeting the criteria for
discharge under this subparagraph (1), if the member has demonstrated
progress toward the goals established in the member's collaborative
care plan, the interdisciplinary resident care committee and the
commandant may exercise discretion regarding the discharge.
Notwithstanding any provision to the contrary, the member may be
immediately discharged under this subparagraph (1) if the member's
actions or behavior jeopardizes the life or safety of other members
or staff.
(2) (a) The member refuses to utilize the resources available to
address issues identified in the member's collaborative care plan,
and all of the following conditions are met:
(i) The member has been provided sufficient notice of any changes
in the member's collaborative care plan.
(ii) The member has been notified of the member's commission of
three offenses and the member has been placed on probation by the
Iowa veterans home for a second offense.
(b) Notwithstanding the member's meeting the criteria for
discharge under this subparagraph (2), if the member has demonstrated
progress toward the goals established in the member's collaborative
care plan, the interdisciplinary resident care committee and the
commandant may exercise discretion regarding the discharge.
Notwithstanding any provision to the contrary, the member may be
immediately discharged if the member's actions or behavior
jeopardizes the life or safety of other members or staff.
(3) The member's medical or life skills needs have been met to
the extent possible through the services provided by the Iowa
veterans home and the member no longer requires a residential or
nursing level of care, as determined by the interdisciplinary
resident care committee.
(4) The member requires a level of licensed care not provided at
the Iowa veterans home.
b. (1) If a member is discharged under this subsection, the
discharge plan shall include placement in a suitable living situation
which may include but is not limited to a transitional living program
approved by the commission or a living program provided by the United
States veterans administration.
(2) If a member is involuntarily discharged under this
subsection, the commission shall, to the greatest extent possible,
ensure against the veteran being homeless and ensure that the
domicile to which the veteran is discharged is fit and habitable and
offers a safe and clean environment which is free from health hazards
and provides appropriate heating, ventilation, and protection from
the elements.
c. (1) An involuntary discharge of a member under this
subsection shall be preceded by a written notice to the member. The
notice shall state that unless the discharge is an immediate
discharge due to the member's actions or behavior which jeopardizes
the life or safety of other members or staff, the effective date of
the discharge is thirty calendar days from the date of receipt of the
discharge notice, and that the member has the right to appeal the
discharge. If a member appeals such discharge, the member shall also
be provided with the information relating to the appeals process as
specified in this paragraph "c".
(2) If the member appeals the discharge under this subsection,
the following provisions shall apply:
(a) The member shall file the appeal with the commission within
five calendar days of receipt of the discharge notice.
(b) The commission shall render a decision on the appeal and
notify the member of the decision, in writing, within ten calendar
days of the filing of the appeal.
(c) If the member is not satisfied with the decision of the
commission, the member may appeal the commission's decision by filing
an appeal with the department of inspections and appeals within five
calendar days of being notified in writing of the commission's
decision.
(d) The department of inspections and appeals shall render a
decision on the appeal of the commission's decision and notify the
member of the decision, in writing, within fifteen calendar days of
the filing of the appeal with the department.
(e) The maximum time period that shall elapse between receipt by
the member of the discharge notice and actual discharge shall not
exceed fifty-five days, which includes the thirty-day discharge
notice period and any time during which any appeals to the commission
or the department of inspections and appeals are pending.
(3) If a member is not satisfied with the decision of the
department of inspections and appeals, the member may seek judicial
review in accordance with chapter 17A. A member's discharge under
this subsection shall be stayed while judicial review is pending.
d. Annually, by the fourth Monday of each session of the
general assembly, the commandant shall submit a report to the
veterans affairs committees of the senate and house of
representatives specifying the number, circumstances, and placement
of each member involuntarily discharged from the Iowa veterans home
under this subsection during the previous calendar year.
e. The commission shall adopt rules to enforce this
subsection.
f. Any involuntary discharge by the commandant under this
subsection shall comply with the rules adopted by the commission
under this subsection and by the department of inspections and
appeals pursuant to section 135C.14, subsection 8, paragraph "f".
g. For the purposes of this subsection:
(1) "Collaborative care plan" means the plan of care
developed for a member by the interdisciplinary resident care
committee.
(2) "Interdisciplinary resident care committee" means the
member, a social worker, a registered nurse, a dietitian, a medical
provider, a recreation specialist, and other staff, as appropriate,
who are involved in reviewing a member's assessment data and
developing a collaborative care plan for the individual member.
