231D.17 WRITTEN CONTRACTUAL AGREEMENT REQUIRED.
1. An adult day services program shall not operate in this state
unless a written contractual 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's legal representative a complete copy of the written
contractual agreement and all 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.
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 program files from
the date of execution until three years from the date the written
contractual 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.
231D.17 WRITTEN CONTRACTUAL AGREEMENT REQUIRED.
1. An adult day services program shall not operate in this state
unless a written contractual 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's legal representative a complete copy of the written
contractual agreement and all 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.
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 program files from
the date of execution until three years from the date the written
contractual 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.
231D.17 WRITTEN CONTRACTUAL AGREEMENT REQUIRED.
1. An adult day services program shall not operate in this state
unless a written contractual 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's legal representative a complete copy of the written
contractual agreement and all 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.
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 program files from
the date of execution until three years from the date the written
contractual 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.
