Iowa Administrative Code

provide nursing care in an individual’s own home, as defined in rule 441—177.2(249), to an individual whose physical, developmental, or mental health prevents independent self-care. [ARC 6720C, IAB 11/30/22, effective 2/1/23]

177.10(1) Payment approved. Notwithstanding 42 U.S.C. 1382(c)(7), after the service manager or designee approves the service plan, payment is effective as of the later of (1) the date of the application, or (2) the date all eligibility requirements are met and qualified health ca…

following conditions: 177.11(1) Request. Upon the request of the client or legal representative. 177.11(2) Care unnecessary. When the client becomes sufficiently able to remain in the client’s own home with services that can be provided by other sources as determined by the servi…

“Client participation” has the meaning assigned to it in rule 441—177.10(249). “Nursing care” includes skilled services and personal care services. “Own home” means an individual’s house, apartment, or other living arrangement intended for single or family residential use. “Perso…

177.3(1) Skilled services. Skilled services must be certified by a physician as provided in rule

177.4(1) Eligibility. To be eligible for in-home health-related care: a. The individual must be eligible for supplemental security income in every respect except for income. b. A physician must certify in accordance with rule 441—177.6(249) that the individual requires either ski…

177.5(1) Age. The provider shall be at least 18 years of age. 177.5(2) Health assessment. The provider shall obtain certification on Form 470-0672 that the provider is physically and emotionally capable of providing assistance to another person whose physical, developmental or me…

177.3(2) Personal care services. Personal care services must be certified by a physician as provided in rule 441—177.6(249). Personal care services do not require supervision by a supervising practitioner. [ARC 6720C, IAB 11/30/22, effective 2/1/23; Editorial change: IAC Suppleme…

177.7(1) Service plan. a. In consultation with the client’s case manager and any supervising health practitioner, the service worker shall create a complete service plan for the client. The plan must avoid duplication of services and include all of the following: (1) All of the s…

177.8(1) Instruction. The supervising practitioner shall provide instruction specific to each patient and the services each patient is receiving, including but not limited to instruction on documentation the worker should be creating and instruction on warning signs of which the …

177.9(1) Independent contractor. The provider shall be an independent contractor and shall not be an agent, employee or servant of the state of Iowa, the Iowa department of human services, or any of its employees or clients. 177.9(2) Liability coverage. All professional health ca…

“Department” means the department of human services. “Family” means a family member and the parent or legal guardian of the family member. “Family member” means a person less than 18 years of age who by educational determination has a moderate, severe, or profound educational han…

DIVISION II COMPREHENSIVE FAMILY SUPPORT PROGRAM Preamble The purpose of this division is to define and structure the comprehensive family support program, known as “children at home.” This program is designed to assist families raising a child with a disability in obtaining need…

program if funds are available and all of the following requirements are met: 184.2(1) The child meets the definition of family member. 184.2(2) Rescinded IAB 6/27/90, effective 7/1/90. 184.2(3) The child is currently residing in the applicant’s home, or there is a discharge plan…

“Comprehensive family support” means the array of services and supports that assist families who are caring for a family member with a disability. Services and supports include, but are not limited to, programs, services, parent-to-parent support, assistive devices, and various a…

meet all the following conditions: 184.22(1) The family resides in the state of Iowa. 184.22(2) The family includes an individual with a disability. 184.22(3) The family expresses an intent for the individual with a disability to remain living in the family’s home. 184.22(4) The …

by the department. The application shall be submitted to the department or to a local children at home contractor for assistance. The local children at home contractor shall determine eligibility for services in accordance with the provisions of this division. [ARC 6351C, IAB 6/1…

with local agencies to implement the children at home program. 184.24(1) Selection. Contractors shall be selected through competitive bidding and a demonstrated ability to provide disability-related services and supports. 184.24(2) Duties. The local children at home contractor sh…

providing direct financial assistance for supports and services that cannot be funded through other programs or means. Local policies shall be submitted to and approved by the department. [ARC 6351C, IAB 6/15/22, effective 8/1/22]

home contractor’s decisions involving families that apply for the children at home program and are denied services and support under the program. Families, contractors, and the department shall follow the appeal procedures outlined in 441—Chapter 7.

These rules are intended to implement Iowa Code section 225C.47. [Filed emergency 12/8/88—published 12/28/88, effective 12/8/88] [Filed 3/9/89, Notice 12/28/88—published 4/5/89, effective 6/1/89] [Filed emergency 6/8/90—published 6/27/90, effective 7/1/90] [Filed 8/8/90, Notice 6…

applications or approve pending applications for the family support subsidy program pursuant to Iowa Code section 225C.37(3). Family members enrolled in the program as of July 1, 2010, will continue to receive subsidy payments until members meet one of the reasons for termination…

184.4(1) The applicant shall agree that the subsidy will be used to meet the special needs identified in the plan or other special needs of the child and family. 184.4(2) Families shall retain the greatest possible flexibility in determining use of the subsidy, except a parent or…

monthly payment that is determined annually by the department based on the federal cost-of-living adjustment (COLA). [ARC 6351C, IAB 6/15/22, effective 8/1/22]

shall include instructions and necessary forms for verification of continuing eligibility, to all recipients of subsidy payments at least 30 calendar days prior to the deadline date for annual redetermination of eligibility. The completed verification materials shall be submitted…

184.8(1) The family support subsidy shall terminate at the end of the month in which any of the following occur and a notice shall be sent which states the reason for the termination: a. The family member dies. b. The family no longer meets one or more of the eligibility criteria…

or termination of the subsidy payment pursuant to 441—Chapter 7. EXCEPTION: When the parent or guardian appeals the termination of benefits for a child who has attained the age of 18 or who will attain the age of 18 during the appeal, subsidy payments shall not be paid during the…

supports to youth who are transitioning from foster care, the Iowa state training school, or a court-ordered Iowa juvenile detention center to adulthood. The primary goal of the program is for youth to move toward self-sufficiency and to recognize and accept their personal respon…

services, a youth must meet the following requirements: 187.2(1) Residence. The youth must be a resident of Iowa. 187.2(2) Age. The youth must be at least 17 years of age but less than 23 years of age. Program supports and services vary by age. 187.2(3) Out-of-home placement expe…

following services and supports to eligible youth: 187.3(1) Preservices. Informational and trust-building activities may be provided to a youth placed out of home, as described in paragraph 187.2(3)“a,” who is expected to participate in aftercare services at 18 years of age or ol…

187.4(1) A youth may be discharged from the aftercare services program for any of the following reasons: a. The youth fails to follow individual self-sufficiency plan components and expectations as determined by the program administrator or designee. b. The youth fails to meet re…

funds for the aftercare services program are committed for the fiscal year. Names shall be entered on the waiting list on a first-come, first-served basis once the youth is determined eligible. Due to funding, it may be necessary to create more than one waiting list. [ARC 4485C, …

organization to perform the administrative and case management functions necessary to administer the aftercare services program. Agencies and organizations providing services or supports shall meet the standards in rules 441—108.2(238) through 441—108.6(238). [ARC 4485C, IAB 6/5/…

“Adoption” means a legal and social process through which a child becomes a member of a family into which the child was not born. Adoption provides the child the same rights, privileges and duties as a birth child. “Adoption selection” means the process of making adoption placeme…

200.10(1) Requests. Any person seeking access to the department’s sealed adoption records for the purpose or purposes set forth in Iowa Code section 600.16(1)“c” or 600.24(2) shall submit a request in writing to the department. Each request shall contain sufficient facts to estab…

for information from department adoption records for purposes other than research or treatment shall be made on the department’s website. 200.11(1) The department shall not release identifying information from sealed adoption records. Adult adoptees, adoptive parents, birth paren…

complete an Application for Adoption form. An application for adoption shall only be accepted for children who are under the guardianship of the department. 200.2(1) Limitations. The department and its contractor shall accept only applications for adoption of a special needs chil…

child, selection of family, preparation of family, preplacement visits, placement services, and postplacement services. 200.3(1) Adoptive home study. For applicants who apply to the department to adopt, the contractor shall prepare an adoptive home study through the following act…

adoptive home until parental rights of the child’s birth parents have been terminated and guardianship assigned to the department. This would not apply to families and children participating in tribal customary adoption. If one or both birth parents are deceased, the worker shall…

follow interstate placement of child procedures in accordance with Iowa Code sections 232.158 through 232.166. [ARC 8110C, IAB 7/10/24, effective 8/14/24]

200.6(1) Court-ordered. Court-ordered home studies for adoption of a child or children under the authority of the department shall be completed by the department’s contractor. 200.6(2) Interstate compact. Requests for an adoptive home study through the interstate compact process …

200.7(1) An individual or family shall be denied approval of an adoptive home study for any of the following reasons unless an evaluation determines that denial is improper: a. Founded child abuse report or dependent adult abuse report. b. Criminal conviction. c. Documented conce…

in the child’s best interest to be removed from a preadoptive family, a Letter of Removal form shall be mailed to the family prior to removal. Removal of a child from a preadoptive family is not an appealable action. [ARC 8110C, IAB 7/10/24, effective 8/14/24]

200.9(1) A request for consent to the adoption shall be submitted to the guardian for a child who is under the guardianship of the department and for whom finalizing an adoption is recommended. If the adoption is in the best interest of the child, the department shall sign a Cons…

conformance with the legal requirements for adoption. [ARC 8415C, IAB 11/27/24, effective 1/1/25]

long as funds are available. Maintenance and special services already approved will continue. [ARC 8415C, IAB 11/27/24, effective 1/1/25]

type of subsidy are entitled to medical assistance as defined in 441—Chapter 75. The funding source for medical assistance is based on the following criteria: 201.11(1) IV-E-eligible children: a. IV-E-eligible children residing in Iowa from Iowa and from other states shall receiv…

and special services provided by the department as follows: 201.12(1) Funds will be applied to the cost of presubsidy maintenance and special services from the unearned income of the child. 201.12(2) The department will serve as payee to receive the child’s unearned income. The i…

“Child” means a person who has not attained age 18 or a person with a physical or mental disability who has not attained age 21. “Escrow account” means an interest-bearing account in a bank or savings and loan association that is maintained by the department in the name of a part…