Where Des Moines families take a complaint or report abuse

How do I file a complaint about a Des Moines assisted living program or nursing home?

File it with the Iowa Department of Inspections, Appeals, and Licensing, through DIAL's online health facility complaint portal or by calling its Health Facilities Division at (515) 381-7272; anyone may complain, and DIAL keeps the complainant's identity confidential.

Be specific: dates, times, what happened, who was involved and whether it is still happening. DIAL decides how quickly to investigate based on the risk; complaints suggesting serious injury or likely harm get the fastest response (481 IAC 67.11). After the investigation, DIAL issues a report, and if it finds a regulatory insufficiency, the program must submit a plan of correction. Iowa Code 231C.14 and 481 IAC 67.16 let DIAL fine a program that retaliates against a tenant, family member or employee who complains.

What does Iowa's Long-Term Care Ombudsman do for Des Moines families?

The Office of the State Long-Term Care Ombudsman, part of Iowa HHS, advocates for residents and tenants of nursing facilities, assisted living programs, residential care facilities and elder group homes; it works for the resident, not the facility, and its help is free and confidential.

Call 1-866-236-1430. Ombudsmen help with transfer and discharge notices, care problems, rights violations and billing disputes, and can attend care conferences. The same office assists Iowa Medicaid managed care members who live in a long-term care facility or receive HCBS waiver services, so it is also the place to go when a managed care organization cuts or denies services. Under Iowa Code 231C.6, the ombudsman's tenant advocates help assisted living tenants with a program's internal appeal of a transfer.

How is abuse of an older adult reported in Iowa?

If the adult lives at home or in the community, report suspected dependent adult abuse to Iowa HHS at 1-800-362-2178; if it happens in a certified program or licensed facility, DIAL investigates under Iowa Code chapter 235E, and the report can go to DIAL directly.

Call 911 first if someone is in immediate danger. Iowa law treats abuse, neglect, exploitation and sexual abuse of a dependent adult as reportable, and many professionals, including facility staff, are mandatory reporters who must report within set time limits. Family members are not required to report but are encouraged to; a report made in good faith is protected.

What penalties can Iowa impose on an assisted living program?

Civil penalties of up to $10,000 when noncompliance creates imminent danger or a substantial probability of death or physical harm, up to $5,000 for failing to correct problems on time or for retaliation, and up to $1,000 for interfering with a DIAL monitor (481 IAC 67.16).

Source: 481 IAC 67.16, carrying out Iowa Code 231C.14.

DIAL can also deny, suspend or revoke a certificate, issue a conditional certificate, or, in an emergency, remove tenants (481 IAC 67.14, 67.15 and 67.19). In deciding a penalty DIAL weighs how widespread and long-lasting the problem was, the program's history and culpability, the harm, and what the program did afterward.

Can a tenant be punished for complaining?

No. Iowa's tenant rights include presenting grievances without fear of reprisal, restraint, interference, coercion or discrimination (481 IAC 67.3), and retaliation can bring a civil penalty of up to $5,000.

If you fear a complaint will make things worse for your parent, call the ombudsman first; ombudsmen can raise problems without naming the resident if the resident wishes. Keep notes of what you report and when, and of any change in how your parent is treated afterward.