§ 523d-6

523D.6 Contracts. 1. Disclosure. In addition to any other provisions prescribed by rules adopted under this chapter, each contract providing for continuing care or senior adult congregate living servicesby a provider shall be written in nontechnical language easily understood by a lay person andshall include all of the following: a. The name and business address of the provider.b. The name and address of the facility or facilities.c. The identification of the living unit which the prospective resident will occupy.d. A description of the total consideration paid by the resident, including the value of all property transferred. e. A list of all of the continuing care or senior adult congregate living services which are to be provided by the provider to each resident. The list shall clearly identify the manner inwhich continuing care or senior adult congregate living services will be provided, includinga statement whether the items will be provided for a designated time period or for life, andshall indicate which continuing care and senior adult congregate living services, if any, willbe provided through an affiliate or third party.

be provided for a designated time period or for life, andshall indicate which continuing care and senior adult congregate living services, if any, willbe provided through an affiliate or third party. The description of any service charges or feesshall, in the event of multiple residents, be provided on an individual basis and shall includea description of any additional charges that will be assessed for occupancy by more than oneresident. f. A statement of the policy of the facility with regard to any health or financial conditions upon which the provider may require the resident to relinquish the resident’s space in thedesignated facility. g. A statement of the policy of the facility with regard to the health and financial conditions required for a person to continue as a resident. h. A statement of the policy of the facility with regard to the conditions under which the resident is permitted to remain in the facility in the event of financial difficulties affecting theresident. i. A statement of the terms concerning the entry of a person to the living unit and the consequences if a person does not meet the requirements for entry. j.

ncial difficulties affecting theresident. i. A statement of the terms concerning the entry of a person to the living unit and the consequences if a person does not meet the requirements for entry. j. A statement of the policy of the facility with regard to changes in accommodations and a description of the procedures to be followed by the provider when the provider temporarily orpermanently changes the resident’s accommodations within the facility, transfers the residentfrom one level of care to another, or transfers the resident to another health facility. k. A description in clear and understandable language, in at least ten point type, of the terms governing the refund of any portion of the entrance fee in the event of discharge by theprovider, or cancellation by the resident, and a statement that the provider shall not dismiss ordischarge a resident from a facility prior to the expiration of a resident contract without justcause and sixty days written notice of intent to cancel. The notice of dismissal or dischargeshall only be given upon a good faith determination that just cause exists, and the noticeshall be given in writing, signed by the medical director, if any, and the

he notice of dismissal or dischargeshall only be given upon a good faith determination that just cause exists, and the noticeshall be given in writing, signed by the medical director, if any, and the administrator of thefacility. In an emergency situation only such notice as is reasonable under the circumstancesis required. l. A description in clear and understandable language, in at least ten point type, whether monthly fees, if charged, are subject to periodic increases. m. A description of the facility’s policies and procedures for handling grievances between the provider and residents. n. A statement that residents living in the facility have the right of self-organization.o. A statement that a prospective resident or resident shall be given the opportunity to appoint a personal representative in the prospective resident’s or resident’s contract. Thepersonal representative shall receive copies of the contract and all notices, disclosures,or forms required by this chapter to be delivered to a prospective resident or resident. Apersonal representative appointed under this section has no legal authority to make anydecision for the prospective resident or resident appointing the

livered to a prospective resident or resident. Apersonal representative appointed under this section has no legal authority to make anydecision for the prospective resident or resident appointing the person to be a personalrepresentative. The personal representative may advise the prospective resident or residentas to the materials provided. A personal representative shall not be affiliated or associated Sat Dec 23 01:02:24 2023 Iowa Code 2024, Section 523D.6 (21, 0) §523D.6, RETIREMENT FACILITIES 2 with a provider or any person identified in section 523D.3, subsection 1, paragraph 'b' or'c', and shall not be a prospective resident or resident. p. A statement that if a resident dies or through illness, injury, or incapacity is precluded from becoming a resident under the terms of the contract before occupying the living unit,the contract is automatically rescinded and the resident or the resident’s legal representativeshall receive a full refund of all payments of money or transferred property to the facility,except those costs specifically incurred by the facility at the request of the resident and setforth in writing in a separate addendum, signed by both parties to the

nsferred property to the facility,except those costs specifically incurred by the facility at the request of the resident and setforth in writing in a separate addendum, signed by both parties to the contract. q. A statement that a resident has the right to rescind a contract for continuing care or senior adult congregate living services, without penalty or forfeiture, within three businessdays of the date the contract was executed or within thirty days after the date the residentreceived the disclosure statement required by section 523D.3, whichever is later. 2. Cancellation. The contract required by this section shall state the terms under which the contract can be canceled by the provider or the resident, including a statement of therefund rights of a resident, and shall include a completed, easily detachable form in duplicate,captioned 'Notice of Cancellation', as an attachment, in ten point boldface type, containingthe following information and statements in substantially the following form and language: NOTICE OF CANCELLATION................................Date contract was executed.................................Date disclosure statement was providedto resident.

ly the following form and language: NOTICE OF CANCELLATION................................Date contract was executed.................................Date disclosure statement was providedto resident. You may rescind and cancel your contract, without any penalty or obligation, within three business days of the date the contractwas executed or within thirty days after the date you receivedthe disclosure statement required by Iowa Code section 523D.3,whichever is later. You are not required to move into the facilitybefore the expiration of this cancellation period. However, if you do,the provider may retain the reasonable value of care and servicesactually provided to you, the resident, prior to your vacating theprovider’s facility. If you cancel this contract and you have alreadymoved into the provider’s facility, you must vacate your living unitwithin ten days after receipt by the provider of your cancellationnotice. If you cancel this contract, any payments of money or transfers of property you made to the provider must be returned as soonas reasonably possible by the provider following receipt by theprovider of your cancellation notice, and any security interestarising out of the

perty you made to the provider must be returned as soonas reasonably possible by the provider following receipt by theprovider of your cancellation notice, and any security interestarising out of the transaction is canceled, except that, as statedabove, the provider may retain the reasonable value of careand services actually provided to you prior to your vacating theprovider’s facility. To cancel this contract, mail by certified mail or hand deliver a signed and dated copy of this cancellation notice or any otherwritten notice clearly indicating your intent to cancel the contract,or send a telegram, to ................................ (name of provider) at ................................ (address of provider’s place of business).Your cancellation is effective upon mailing by certified mail, whentransmitted by telegraph, or when actual notice is given to theprovider, whichever is earlier. Sat Dec 23 01:02:24 2023 Iowa Code 2024, Section 523D.6 (21, 0) I hereby cancel this contract. ........................(Date)................................................(Resident’s signature) 89 Acts, ch 217, §6; 90 Acts, ch 1168, §55; 90 Acts, ch 1233, §34; 91 Acts, ch 205, §15; 92 Acts, ch

......................(Date)................................................(Resident’s signature) 89 Acts, ch 217, §6; 90 Acts, ch 1168, §55; 90 Acts, ch 1233, §34; 91 Acts, ch 205, §15; 92 Acts, ch 1163, §102 Referred to in §523D.5 Sat Dec 23 01:02:24 2023 Iowa Code 2024, Section 523D.6 (21, 0)