§321-15.9 Developmental disabilities residential services. (a) The department of health is authorized to license developmental disabilities domiciliary homes for individuals with developmental or intellectual disabilities who are unable to live independently and who require supervision or care, but do not require care by licensed nurses in a domiciliary setting; provided that nothing in this section shall exclude the department of human services from licensing, certifying, regulating, or entering into contracts for child foster homes or providers that serve persons with developmental or intellectual disabilities.
(b) For the purposes of this section:
"Developmental disabilities" shall be as defined under section 333E-2.
"Developmental disabilities apartment complex" means an apartment building composed of five or more separate apartment units in which every apartment unit, except for one apartment unit occupied by the operator or staff for the complex, is dedicated to providing residences for individuals with developmental or intellectual disabilities who do not require twenty-four hour supervision or care.
"Developmental disabilities domiciliary home" means a residence for not more than five persons with developmental or intellectual disabilities that require twenty-four hour supervision or care, but do not require care by licensed nurses in a domiciliary setting.
"Intellectual disability" shall be as defined under section 333F-1.
(c) The director shall adopt rules regarding developmental disabilities domiciliary homes in accordance with chapter 91 that shall be designed to:
(d) Rules adopted under this section shall be enforced by the director.
(e) No single apartment in a developmental disabilities apartment complex funded under this section shall be occupied by more than two residents with developmental or intellectual disabilities.
(f) The director shall establish criteria for contracts for developmental disabilities apartment complexes and where necessary to provide for additional funding for developmental disabilities domiciliary homes.
(g) The department shall maintain a registry of all developmental disabilities domiciliary homes licensed under this section and a current inventory of vacancies.
(h) The department of health may enter into contracts for additional payments for residential services to the providers of developmental disabilities domiciliary homes and payments to operators of developmental disabilities apartment complexes for residential services on terms determined by the department of health. [L 1990, c 180, §1; am L 2005, c 168, §2; am L 2011, c 220, §§12, 13]