Iowa Admin. Code r. 481—68 § 481—68.15

68.15(1) Program initiation of transfer. The program shall comply with Iowa Code section 231B.6
and provide notification to the tenant advocate by certified mail and the tenant’s treating physician, if any.
68.15(2) Transfer pursuant to results of monitoring or complaint or program-reported incident
investigation by the department. If one or more tenants are identified as exceeding the admission and
retention criteria for tenants and transferred as a result of a monitoring or a complaint or program-reported
incident investigation conducted by the department, the following procedures shall apply:
a. Notification of the program. Within 20 working days of the monitoring or complaint or program-
reported incident investigation, the department will notify the program, in writing, of the identification of
any tenant who exceeds admission and retention criteria.
b. Notification of others. Each identified tenant, the tenant’s legal representative, if applicable, and
other providers of services to the tenant will be notified of their opportunity to provide responses within ten
days of receipt of the notice, including: specific input, written comment, information, and documentation
directly addressing any agreement or disagreement with the identification.
c. Program agreement with the department’s finding. If the program agrees with the department’s
finding and the program begins involuntary transfer proceedings, the program’s internal appeal process in
subrule 68.15(1) will be utilized for appeals.
d. Program disagreement with the department’s finding. If the program does not agree with the
department’s finding that the tenant exceeds admission and retention criteria, the program may collect and
submit all responses to the department, within ten working days of the receipt of the notice, including
those from other interested parties. In the program’s response, the program will identify the tenant, list the
known responses from others, and note the program’s agreement or disagreement with the responses from
others. Submission of a response does not eliminate the applicable requirements including submission of a
plan of correction under 481--subrule 67.13(3). Other persons may also submit information directly to the
department.
(1) Consideration of response. Within ten working days of receipt of the program’s response for each
identified tenant, the department will make a final finding regarding the continued retention of a tenant.
(2) Amending the regulatory insufficiency. If the department’s determination is to amend the
regulatory insufficiency based on the response, the department will modify the report of findings.
(3) Retaining regulatory insufficiency. If the department retains the regulatory insufficiency, the
department will review the plan of correction in accordance with this chapter and 481--Chapter 67.
The department will notify the program of the opportunity to appeal the report findings as they relate
to the admission and retention decision. The department will provide to the tenant or the tenant’s legal
representative the contact information for the tenant advocate. A copy of the final report will be sent to the
tenant advocate.
(4) Effect of the filing of an appeal. If an appeal is filed, the tenant who exceeds admission and
retention criteria will be allowed to continue living in the EGH until all administrative appeals have been
exhausted. Appeals filed that relate to the tenant’s exceeding admission and retention criteria will be heard
within 30 days of receipt, and appropriate services to meet the tenant’s needs will be provided during that
period of time.
(5) Request for waiver of criteria for retention of a tenant in a program. To allow a tenant to remain
in the program, the program may request a waiver of criteria for retention of a tenant pursuant to rule
481--67.7(231B,231C,231D) from the department within ten working days of the receipt of the report.