Iowa Admin. Code r. 191-102.4

Current through Register Vol. 47, No. 6, September 18, 2024

Rule 191-102.4 - Standards for the disclosure statement

(1)Readability. Documents required by Iowa Code sections 523D3., 523D.5 and 523D6. to be given to residents, prospective residents, and personal representatives, including disclosure statements and residents' contracts, shall be drafted in accordance with the following standards:

a. The language used shall be readable by a person of average intelligence and education.

b. All information presented should be conveyed in a logical sequence and in a clear and direct fashion.

c. Complex and compound sentences should be avoided.

d. Words should convey their commonly understood meanings.

e. Definitions shall be included for words or terms which cannot properly be explained or qualified in the text.

f. Frequent section headings should be used to permit ease in locating provisions.

g. Documents shall be printed in a typeface and a point size easily legible to the audience to whom the literature is directed. An upright typeface with at least 10-point type should be used.

(2)Form. Documents shall be typed or printed on paper measuring 8V2 by 11 inches. The disclosure statement shall be bound or otherwise securely fastened.

(3)Cover page. The cover page of the disclosure statement shall state, in a prominent location and in boldface type, "Disclosure Statement," the date of the disclosure statement, and that the delivery of the disclosure statement to a contracting party before the execution of a contract for the provision of supportive services or continuing care is required by Iowa Code chapter 523D, but that the disclosure statement has not been approved by any government agency or representative.

(4)Table of contents. Multipaged documents shall contain a table of contents giving a comprehensive listing of all section headings used in the document. If the table of contents does not appear at the beginning of the document, the location of the table of contents shall be noted on the first page.

(5)Acknowledgment. The last page of the disclosure statement shall consist of a detachable "acknowledgment of receipt" which shall be signed and dated by the resident. A copy of the acknowledgment shall be kept on file in the office of the provider for at least one year from the date of the acknowledgment.

(6)Advertising. The disclosure statement shall contain no sales or advertising materials. Sales or advertising materials may be attached to the disclosure statement or packaged with the disclosure statement if the manner of attachment or packaging does not obfuscate the cover page of the disclosure statement.

Iowa Admin. Code r. 191-102.4

Adopted by IAB November 23, 2016/Volume XXXIX, Number 11, effective 12/28/2016