Iowa Administrative Code

2506.6(1) If an ALJ is not assigned, any party that wants an ALJ employed by DIAL to serve as the presiding officer must file a request. The deadline for that request is 20 days after service of a notice of hearing that identifies someone other than an ALJ as the presiding office…

“Admission” means the acceptance of an individual for receipt of services at a state mental health institute or the Woodward state resource center on either a voluntary or involuntary basis. “Adult” means an individual who is 18 years of age or older. “Facility” means a mental he…

individual’s financial and third-party coverage information to ensure the state is the payor of last resort. Third-party coverage does not include payment by an administrative services organization as defined in Iowa Code section 225A.1. This rule is intended to implement Iowa Co…

mental health institute or resource center or who has any complaint concerning the individual’s treatment at a mental health institute or resource center may file a grievance. A grievance will be filed using the individual grievance form. The individual’s parent, family, guardian…

28.4(1) Use of still or video cameras or voice recorders by anyone other than an authorized employee, individual, parent, guardian, or legal representative to photograph or record an individual will be allowed only with the prior authorization of the superintendent or the superin…

28.5(1) Releases to the news media will be the responsibility of the superintendent. Authority for dissemination and release of information may be designated to other employees at the discretion of the superintendent. 28.5(2) Interviews of individuals by the news media or other o…

28.6(1) The superintendent or designee may grant permission for temporary use of assembly halls, auditoriums, meeting rooms, or facility grounds to an organization or group of citizens when the space or grounds are available and are not needed for regularly scheduled departmental…

approval of the superintendent or designee. This rule is intended to implement Iowa Code section 218.4. [ARC 9275C, IAB 5/14/25, effective 7/1/25]

gifts will be made directly to the superintendent or designee. The superintendent or designee will evaluate the donation in terms of the nature of the contribution to the facility’s program. The superintendent or designee will be responsible for accepting the donation and reporti…

concerning individuals who currently receive or formerly received services from the mental health institutes or resource center shall not be released to a person, agency or organization that is not authorized by law to have access to the information unless the individual, parent,…

29.1(1) Application form. Any individual who has symptoms of mental illness may apply for voluntary inpatient treatment or voluntary outpatient or day treatment using an application for voluntary admission to a mental health institute from the department’s website. 29.1(2) Minors…

involuntary basis, will be provided treatment other than what is necessary to preserve life or protect others from physical injury unless: 1. The individual has given consent by signing a mental health institute agreement and consent to treatment form; 2. A court has ordered trea…

institute will have the following rights. 29.3(1) Information. An individual receiving care from a state mental health institute will have the right to: a. Receive an explanation and written copy of the rules of the facility. b. Be provided information on the provisions of law pe…

29.4(1) Visiting hours will be posted in each facility. The physician may designate exceptions for special hours on an individual or ward basis. Therapy for the individual will take precedence over visiting. Visiting will not interfere with the individual’s treatment program or m…

3.11(1) General. In lieu of the words “(specify the office and address)” insert “Compliance Division, Iowa Department of Health and Human Services, Lucas State Office Building, 321 E. 12th Street, Des Moines, Iowa 50319”. [ARC 8045C, IAB 5/29/24, effective 7/3/24]

3.13(2) Contents. Amend paragraph “c” by inserting “director” in lieu of “(agency head)”. [ARC 8045C, IAB 5/29/24, effective 7/3/24] [Filed emergency 4/30/76—published 5/17/76, effective 4/30/76] [Filed 6/25/76, Notice 3/22/76—published 7/12/76, effective 8/16/76] [Filed emergenc…

3.3(2) Anticipated rulemaking. In lieu of the words “(commission, board, council, director)” insert “director”. [ARC 8045C, IAB 5/29/24, effective 7/3/24]

3.4(3) Notices mailed. In lieu of the words “(specify time period)” insert “one calendar year”. [ARC 8045C, IAB 5/29/24, effective 7/3/24]

3.5(1) Written comments. In lieu of the words “(identify office and address)” insert “Compliance Division, Iowa Department of Health and Human Services, Lucas State Office Building, 321 E. 12th Street, Des Moines, Iowa 50319”. 3.5(5) Accessibility. In lieu of the words “(designat…

3.6(3) Mailing list. In lieu of the words “(designate office)” insert “Compliance Division, Iowa Department of Health and Human Services, Lucas State Office Building, Des Moines, Iowa 50319”. [ARC 8045C, IAB 5/29/24, effective 7/3/24]

guardian, or legal representative shall be secured before admission. 30.1(1) Application. a. Applications for the care, treatment, or evaluation of an individual by a resource center shall be made to the department. b. The application shall be made using the form for application …

bound for the support of any individual under 18 years of age will be determined in the same manner as parent liability in rule 441—156.2(234), except that the maximum liability will not exceed the standards for personal allowances established by the department under the family i…

30.3(1) Information. An individual receiving care from a state resource center has the right to: a. Receive an explanation and written copy of the rules of the facility. b. Receive an explanation of the individual’s medical condition, developmental status, and behavioral status, …

30.4(1) Individuals are encouraged to and will be able to receive visits from persons of the individual’s choice and at times desired by the individual. At the individual’s choice, the individual’s parents, guardian, or legal representative or other members of the individual’s fa…

“Access funds” means funding provided to a behavioral health safety net provider by a behavioral health administrative services organization to support enhanced service delivery, maintain access to services, and fund other necessary expenses that fall outside of the scope and pay…

behavioral health service system funding, an individual must meet the following financial and needs-based eligibility criteria. 301.1(1) Financial eligibility. Income requirements for adults and household income for children are as follows: a. Income equal to or less than 200 per…

301.2(1) Behavioral health services. Behavioral health services overseen by a BH-ASO will include ensuring access to the full continuum of behavioral health care, including: a. Prevention services, including indicated prevention, primary substance use prevention and universal pre…

301.3(1) Behavioral health safety net service providers. Behavioral health safety net service providers, which are defined in rule 441—300.1(225A), are required to: a. Adhere to minimum access standards as set forth in 441—subrule 302.2(1). b. Accept behavioral health service sys…

301.4(1) Definitions. For the purposes of this rule, the following definitions apply. “Agency action” includes the whole or part of an agency rule or other statement of law or policy, order, decision, license, proceeding, investigation, sanction, relief, or the equivalent or a de…

302.1(1) Authority to designate BH-ASOs. The department will designate one BH-ASO for each district as set forth in Iowa Code chapter 225A. The department will enter into a contract with a designated BH-ASO to coordinate and oversee behavioral health services in one or more behav…

302.2(1) Minimum access standards. A BH-ASO will ensure available, accessible, and adequate numbers of providers, locations, and personnel for the provision of behavioral health services. At a minimum, access to services provided by behavioral health safety net service providers …

302.3(1) Provider contracts. To receive payment for services through a BH-ASO, providers of behavioral health services must have a provider contract with the BH-ASO. Providers that are eligible to enroll with the Iowa Medicaid program must also be enrolled as an Iowa Medicaid pro…

“Chairperson” means the chairperson of the district behavioral health advisory council who has been elected by a majority of advisory council members. “District behavioral health advisory council” or “advisory council” means the same as defined in Iowa Code section 225A.1. [ARC 9…

304.2(1) The members of the advisory council will be appointed by the BH-ASO in accordance with the parameters of Iowa Code section 225A.5. 304.2(2) The appointments will be for three-year staggered terms that expire on June 30. 304.2(3) Vacancies will be filled in accordance wit…

304.3(1) Officers of the advisory council will consist of a chairperson and a vice chairperson, who will be elected at the first meeting of each fiscal year. a. An officer may serve no more than three consecutive terms as chairperson or vice chairperson. b. A vacancy in the offic…

304.4(1) The advisory council will establish a meeting schedule on an annual basis to conduct its business. There will be a minimum of four meetings per year. 304.4(2) A majority of appointed members constitutes a quorum. 304.4(3) When a quorum is present, a position is carried b…

perform such duties as may be deemed necessary. [ARC 9274C, IAB 5/14/25, effective 7/1/25]

and maintained pursuant to Iowa Code chapter 225A. [ARC 9274C, IAB 5/14/25, effective 7/1/25] These rules are intended to implement Iowa Code section 225A.5. [Filed ARC 9274C (Notice ARC 9016C, IAB 3/19/25), IAB 5/14/25, effective 7/1/25]

appoint a person to act as an advocate representing the interests of individuals involuntarily hospitalized by the court under Iowa Code chapter 229. The advocate is hired by the board of supervisors and employed by the county. 305.1(1) Appointment. A person may be appointed and …

where the individual is located. 305.2(1) If the advocate assigned cannot serve the individual in an effective and efficient manner, the advocate may request another advocate to perform advocate duties on the individual’s behalf. In the event that another advocate can better repr…

Code section 229.19. The role of the advocate is to ensure that the rights of the individual are upheld. 305.3(1) The advocate will be readily accessible to communication from the individual and will initiate contact within five days of the individual’s commitment. The advocate w…

qualified staff to support and facilitate the provision of quality advocate services. The county will: 305.4(1) Assign a single supervisor, a single contract manager, or the county board of supervisors as the supervising entity to carry out responsibilities in this chapter. 305.4…

305.5(1) Annual submission. By December 1 of each year, each county will submit to the department data regarding each individual who received advocate services during the previous state fiscal year. 305.5(2) Required data. The data to be submitted are as follows: a. Basic informa…

305.6(1) Annually measures and assesses advocates’ activities and services. 305.6(2) Gathers feedback from stakeholders, including individuals using advocate services, family members, court staff, service provider staff, and BH-ASO staff regarding advocate services. 305.6(3) Impl…

“Fund” means the opioid settlement fund created in Iowa Code section 12.51. [ARC 0111D, IAB 3/4/26, effective 5/1/26]

the department may solicit requests for proposals pursuant to rules of the department of administrative services each fiscal year, starting with the fiscal year beginning July 1, 2025. The department may pursue additional funding mechanisms as fund availability and opportunities …

will formulate indicators to be used to help identify if the outcomes intended for each disbursement are being met. Intended outcomes can include but are not to be limited to prevention of opioid-related deaths, reduction of opioid misuse, and increased access to appropriate medi…