Iowa Administrative Code

general public use. This rule is intended to implement Iowa Code chapter 229A. [ARC 9646B, IAB 8/10/11, effective 10/1/11]

equipment or other gifts shall be made directly to the facility administrator. 31.9(1) Evaluation. The facility administrator or designee shall evaluate the gift or bequest in terms of the nature of the contribution to the facility program. 31.9(2) Acceptance. The facility admini…

reporting. On behalf of the department, each BH-ASO will collect and maintain data on all clients served. 310.1(1) Submission of data. Each BH-ASO will submit to the department the data regarding each individual the BH-ASO serves. a. BH-ASOs will submit data according to the freq…

Intermediate care facilities for persons with an intellectual disability (ICFs/ID) licensed in Iowa under 481—Chapter 64, including facilities not certified to participate in the Medicaid program, shall pay a quarterly fee to the department. The fee equals 5.5 percent of actual p…

481—Chapter 64, including facilities not certified to participate in the Medicaid program, the fee shall be determined and paid as follows: 36.2(1) Each facility shall pay the assessment to the department on a quarterly basis. The facility shall: a. Use a form prescribed by the d…

36.3(1) Applicability. All nursing facilities as defined in Iowa Code section 135C.1 that are free- standing facilities or are operated by a hospital licensed pursuant to Iowa Code chapter 135B shall pay a quarterly assessment to the department, as determined under these rules, w…

paid as follows: 36.4(1) Each nursing facility shall pay the quality assurance assessment to the department on a quarterly basis. The facility shall: a. Use the form prescribed by the department to calculate the quarterly assessment amount due. b. Submit the form and the quarterl…

36.5(1) Participating hospitals. For the purpose of the health care access assessment program, a “participating hospital” is defined as a non-state-owned hospital licensed under Iowa Code chapter 135B that is paid on a prospective payment system basis by Medicare and the medical …

paid as follows: 36.6(1) The department will calculate the annual amount of the health care access assessment as 1.26 percent of net patient revenue as specified in the participating hospital’s fiscal year 2008 Medicare cost report. The annual amount will be divided by four to ca…

“Department” means the Iowa department of human services. “Developmental disability” means a severe, chronic disability of a person which is attributed to a mental or physical impairment or a combination of mental and physical impairments; is manifested before the person attains …

These rules are intended to implement Iowa Code sections 217.6 and 225C.3. [Filed 7/25/86, Notice 4/23/86—published 8/13/86, effective 10/1/86] [Filed emergency 1/15/87—published 2/11/87, effective 1/15/87] [Filed emergency 11/19/87—published 12/16/87, effective 11/19/87] [Filed …

DD council shall, consistent with the state plan and the priorities established under the DD Act, determine projects to fund under the developmental disabilities basic state grant program. Funding priorities will be established by the Iowa DD council in the state plan and will be…

department-approved processes for competitive or noncompetitive procurements in accordance with the provisions of 11—Chapter 117 for the procurement of goods and services of general use and 11—Chapter 118 for purchasing standards for service contracts. [ARC 4111C, IAB 11/7/18, ef…

advisory capacity to the Iowa DD council as described in Iowa Code section 225C.5 shall not engage in activities that present a conflict of interest. 38.4(1) Iowa DD council members and those serving in an advisory role to the Iowa DD council are prohibited from applying for any …

11/7/18, effective 12/12/18.

12/12/18.

Division, Iowa Department of Health and Human Services, Lucas State Office Building, 321 E. 12th Street, Des Moines, Iowa 50319” and in lieu of the words “AGENCY NAME,” the heading on the petition should read “THE DEPARTMENT OF HEALTH AND HUMAN SERVICES”. [ARC 8045C, IAB 5/29/24,…

division at the department’s address or at compliancerules@idph.iowa.gov. [ARC 8045C, IAB 5/29/24, effective 7/3/24] [Filed 9/19/75, Notice 8/11/75—published 10/6/75, effective 11/10/75] [Filed without Notice 5/8/78—published 5/31/78, effective 7/5/78] [Filed without Notice 3/14/…

“Applicant” means a person for whom assistance is being requested, parent(s) living in the home with the child(ren), and the nonparental relative as defined in 441—subrule 41.22(3) who is requesting assistance for the child(ren). “Assistance unit” includes any person whose income…

an application form prescribed by the department. The application shall be signed by the applicant, the applicant’s authorized representative or, when the applicant is incompetent or incapacitated, someone acting responsibly on the applicant’s behalf. When both parents, or a pare…

by the department is received by the department. When an application is delivered to a closed office, it will be considered received on the first day that is not a weekend or state holiday following the day that the office was last open. 40.23(1) The date of application is also t…

40.24(1) The decision with respect to eligibility will be based primarily on information furnished by the applicant. a. The applicant shall report no later than at the time of the interview any change as defined in paragraph 40.27(4)“e” that occurs after the application was signe…

possible, but no later than 30 days following the date of filing an application. A written notice of decision will be issued to the applicant the next working day following a determination of eligibility or ineligibility. This time standard shall apply except in unusual circumsta…

becomes eligible for assistance, but in no case will the effective date be earlier than seven days following the date of application. When an individual is added to an existing eligible group, the individual will be added effective as of the date the individual becomes eligible f…

40.27(1) Eligibility factors will be reviewed at least every six months for the family investment program. An interview may be conducted at the time of a review. 40.27(2) A redetermination of specific eligibility factors will be made when: a. The recipient reports a change in cir…

department of inspections, appeals, and licensing. [ARC 9276C, IAB 5/14/25, effective 7/1/25]

40.29(1) Conservatorship or guardianship. When application for the family investment program is filed by a person under conservatorship or guardianship, a copy of the court order will be secured by the department. Assistance payments will be made pursuant to Iowa Code section 239…

41.21(1) Age. The family investment program (FIP) will be available to a needy child under the age of 18 years without regard to school attendance. A child is eligible for the entire month in which the child’s eighteenth birthday occurs unless the birthday falls on the first day …

41.22(1) and 41.22(2) Reserved. 41.22(3) Specified relationship. a. A child may be considered as meeting the requirement of living with a specified relative if the child’s home is with one of the relatives listed in Iowa Code section 239B.1(13) or with a spouse of the relative ev…

41.23(1) Iowa residence. a. A resident of Iowa is one: (1) Who is living in Iowa voluntarily with the intention of making that person’s home there and not for a temporary purpose. A child is a resident of Iowa when living there on other than a temporary basis. Residence will not …

opportunities and basic skills (PROMISE JOBS) program. All persons in an FIP household will be referred to the PROMISE JOBS program, as defined in rule 441—93.1(239B), and shall enter into a family investment agreement (FIA) as a condition of receiving FIP unless exempt from refe…

41.25(1) Reserved. 41.25(2) Duplication of assistance. A recipient whose needs are included in an FIP grant shall not concurrently receive a grant under any other public assistance program administered by the department, including IV-E foster care, state-funded foster care or kin…

41.26(1) Limitation. An applicant or recipient may have the following resources and be eligible for the FIP. Any resource not specifically exempted will be counted toward resource limitations. a. A homestead without regard to its value. A mobile home or similar shelter will be co…

deducted for work expenses, or diverted as defined in these rules, will be considered in determining initial and continuing eligibility and the amount of the FIP grant. 1. The determination of initial eligibility is a three-step process. Initial eligibility will be granted only w…

41.28(1) Definition of the eligible group. The eligible group consists of all eligible people specified below and living together, except when one or more of these people receive supplemental security income under Title XVI of the Social Security Act, as amended to December 31, 2…

be in the eligible group, are receiving supplemental security income benefits, the following subrules will apply: 41.29(1) Pending SSI approval. When a person who would ordinarily be in the eligible group has applied for supplemental security income benefits, the person’s needs m…

41.30(1) Sixty-month limit. Assistance will not be provided to an FIP applicant or recipient family that includes an adult who has received assistance for 60 calendar months under FIP or under any program in another state that is funded by the federal Temporary Assistance for Nee…

Code section 239B.3(3). 45.21(1) Electronic access card. The department will make payments available through an electronic access card issued to the payee except when: a. The recipient requests direct deposit; or b. The department determines it is not practicable to issue the pay…

by the post office, they shall be returned to the department. [ARC 9259C, IAB 5/14/25, effective 7/1/25]

instances: 45.23(1) The recipient’s whereabouts is unknown. 45.23(2) The recipient is not in the home due to an emergency and it is not known who will be serving as emergency payee. [ARC 9259C, IAB 5/14/25, effective 7/1/25]

payment in an amount less than that for which the recipient was eligible due to an administrative or client error or the recipient reports the completion of the federal tax return requiring repayment to Internal Revenue Service of excess advance earned income credit payments rece…

only when the payment was approved by the department before the recipient’s death. Payment for a special need will be made only when the payment is entered on the automated benefit calculation system before the effective date of cancellation. [ARC 9259C, IAB 5/14/25, effective 7/…

amount of the assistance is $10 or more. [ARC 9259C, IAB 5/14/25, effective 7/1/25]

payment amount will be rounded down to the next whole dollar when the result of determining the standard of need or the payment amount is not a whole dollar. [ARC 9259C, IAB 5/14/25, effective 7/1/25] These rules are intended to implement Iowa Code sections 239B.2, 239B.3, and 23…