Iowa Admin. Code r. 481—69 § 481—69.24
Involuntary transfer from the program.
Operative Text
69.24(1) Program initiation of transfer. The program shall comply with Iowa Code section 231C.6 and the following: a. The program will provide the tenant, or the tenant’s legal representative, the contact information for the office of long-term care ombudsman. b. The program will immediately provide to the office of long-term care ombudsman, by mail or email, a copy of the notification and notify the tenant’s treating physician, if any. c. Pursuant to statute, the office of long-term care ombudsman will offer the notified tenant or tenant’s legal representative assistance with the program’s internal appeal process. 69.24(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 need to be 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. 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 69.24(1) will be utilized for appeals. b. 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 appeal the department’s final report as provided in rule 481--67.14(17A,231B,231C,231D,85GA,HF2365). If an appeal is filed, the tenant who exceeds admission and retention criteria will be allowed to continue living at the program 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. c. 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.
Iowa Admin. Code r. 481—69 § 481—69.24 governs the process by which a tenant may be involuntarily transferred out of a program covered under Iowa Code section 231C.6. When a transfer is initiated—whether by the program itself or following a state department investigation—specific notification steps must be followed, including informing the tenant or their legal representative and the office of long-term care ombudsman. If the program disagrees with the department's finding that a tenant exceeds admission and retention criteria, the tenant may remain in the program while administrative appeals are pending, and any such appeals must be heard within 30 days of receipt.
Plain English — not legal advice.
Under Iowa Admin. Code r. 481—69 § 481—69.24, operators of covered programs who initiate an involuntary transfer are generally expected to provide the tenant or their legal representative with contact information for the office of long-term care ombudsman, and to simultaneously send a copy of the transfer notification to that office by mail or email while also notifying the tenant's treating physician. When a transfer arises from a department investigation, compliant programs either follow the internal appeal process if they agree with the finding, or file a formal appeal through the process outlined in rule 481--67.14 if they disagree. Programs seeking to retain a tenant who has been found to exceed criteria may also request a waiver from the department within ten working days of receiving the department's report.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Iowa Admin. Code r. 481—69 § 481—69.24 provides important procedural protections for tenants facing involuntary transfer from a covered program, including the right to have the office of long-term care ombudsman notified and offered as a resource to assist with the program's internal appeal process. If a transfer is triggered by a department investigation and the program contests the finding, the tenant is entitled to remain in the program until all administrative appeals have been exhausted, with appropriate services provided throughout that period. Tenants or their legal representatives who receive a transfer notice may wish to contact the office of long-term care ombudsman directly, review the internal appeal procedures available under this rule, or consult a tenant-rights or elder-law organization for general information about their options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 18, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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