20,160 sections across 1,928 Iowa regulatory chapters.
R.441—83.5 Redetermination. A complete redetermination of eligibility for the health and disability
1.0K chars
waiver shall be completed at least once every 12 months or when there is significant change in the person’s situation or condition. A redetermination of continuing eligibility factors shall be made in accordance with rules 441—76.17(249A) and 441—83.2(249A). A redetermination sha…
R.441—83.50 to 83.59 Reserved
0.1K chars
These rules are intended to implement Iowa Code section 249A.4. DIVISION IV—HCBS INTELLECTUAL DISABILITY WAIVER SERVICES
R.441—83.6 Allowable services. Services allowable under the health and disability waiver are
0.5K chars
homemaker, home health, adult day care, respite care, nursing, counseling, consumer-directed attendant care, interim medical monitoring and treatment, home and vehicle modification, personal emergency response system, home-delivered meals, nutritional counseling, financial manage…
R.441—83.61 Eligibility. To be eligible for HCBS intellectual disability waiver services, a person
21.2K chars
must meet certain eligibility criteria and be determined to need a service(s) available under the program. 83.61(1) Eligibility criteria. All of the following criteria must be met. The person must: a. Have a diagnosis of intellectual disability as defined in rule 441—83.60(249A).…
R.441—83.62 Application
3.6K chars
83.62(1) Application for HCBS intellectual disability waiver services. The application process as specified in rules 441—76.1(249A) through 441—76.6(249A) will be followed. 83.62(2) Approval of application. a. Applications for the HCBS intellectual disability waiver program will …
R.441—83.63 Client participation. Persons who are eligible under the 300 percent group must
0.7K chars
contribute a predetermined client participation amount to the costs of the services. 83.63(1) Computation of client participation. Client participation will be computed by deducting an amount for the maintenance needs of the individual that is 300 percent of the maximum SSI grant…
R.441—83.64 Redetermination. A redetermination of nonfinancial eligibility for HCBS intellectual
1.2K chars
disability waiver services will be completed at least once every 12 months. In years in which an interRAI assessment is not completed, the core standardized assessment contractor shall conduct a review in collaboration with the case manager, documenting any changes in the member’…
R.441—83.65 Reserved
0.0K chars
R.441—83.66 Allowable services. Services allowable under the HCBS intellectual disability waiver
0.6K chars
are supported community living, respite, personal emergency response system, nursing, home health aide, home and vehicle modification, supported employment, consumer-directed attendant care, interim medical monitoring and treatment, transportation, adult day care, day habilitatio…
R.441—83.67 Service plan. A service plan will be prepared for each HCBS intellectual disability
3.1K chars
waiver member. 83.67(1) Development. The service plan will be developed by the interdisciplinary team that includes the member, and, if appropriate, the legal representative, member’s family, case manager or service worker, service providers, and others directly involved. 83.67(2…
R.441—83.68 Adverse service actions
1.8K chars
83.68(1) Denial. An application for services will be denied when it is determined by the department that: a. The applicant is not eligible for the services. b. Service needs exceed the service unit or reimbursement maximums. c. Service needs are not met by the services provided. …
R.441—83.69 Appeal rights. Notice of adverse action will be given in accordance with rule
0.1K chars
441—16.2(17A). The right to appeal shall be given in accordance with 441—Chapter 2506. [ARC 0318D, IAB 5/27/26, effective 7/1/26]
R.441—83.7 Service plan. A service plan shall be prepared for health and disability waiver members
0.9K chars
in accordance with 441—paragraph 90.4(1)“b.” Service plans for both children and adults shall be completed every 12 months or when there is significant change in the person’s situation or condition. 83.7(1) The service plan shall include the frequency of the health and disability…
R.441—83.70 Rent subsidy program. Members in the HCBS intellectual disability waiver program
0.1K chars
may be eligible for a rent subsidy. More information can be found in 265—Chapter 24. [ARC 0318D, IAB 5/27/26, effective 7/1/26]
R.441—83.71 to 83.80 Reserved
0.1K chars
These rules are intended to implement Iowa Code sections 249A.3 and 249A.4. DIVISION V—BRAIN INJURY WAIVER SERVICES
R.441—83.8 Adverse service actions
1.4K chars
83.8(1) Denial. An application for services will be denied when it is determined by the department that: a. The client is not eligible for or in need of services. b. Needed services are not available or received from qualified providers. c. Service needs exceed the aggregate mont…
R.441—83.81 Definitions
11.8K chars
“Adaptive” means age-appropriate skills related to taking care of one’s self and the ability to relate to others in daily living situations. These skills include limitations that occur in the areas of communication, self-care, home living, social skills, community use, self-direc…
R.441—83.82 Eligibility. To be eligible for brain injury waiver services a member must meet
15.9K chars
eligibility criteria and be determined to need a service allowable under the program. 83.82(1) Eligibility criteria. All of the following criteria must be met. The person must: a. Have a diagnosis of brain injury. b. Be eligible for Medicaid under supplemental security income (SS…
R.441—83.83 Application
4.5K chars
83.83(1) Application for financial eligibility. The application process as specified in rules 441—76.1(249A) through 441—76.6(249A) shall be followed. 83.83(2) Approval of application for eligibility. a. Applications for the determination of ability of the member to have all medi…
R.441—83.84 Client participation. Members who are financially eligible under
0.8K chars
441—paragraph 75.6(4)“b” (the 300 percent group) must contribute a predetermined participation amount to the cost of brain injury waiver services. 83.84(1) Computation of client participation. Client participation will be computed by deducting an amount for the maintenance needs …
R.441—83.85 Redetermination. A complete financial redetermination of eligibility for brain injury
0.3K chars
waiver will be completed at least once every 12 months. A redetermination of continuing eligibility factors will be made when a change in circumstances occurs that affects eligibility in accordance with rule 441—83.82(249A). A redetermination will contain the components listed in…
R.441—83.86 Allowable services. Services allowable under the brain injury waiver are case
0.6K chars
management, respite, personal emergency response, supported community living, behavioral programming, family counseling and training, home and vehicle modification, specialized medical equipment, prevocational services, transportation, supported employment, adult day care, member…
R.441—83.87 Service plan. A service plan will be prepared and utilized for each HCBS BI waiver
3.2K chars
member. The service plan will be developed by an interdisciplinary team that includes the member, and, if appropriate, the legal representative, member’s family, case manager, providers, and others directly involved. The service plan will be stored by the case manager for a minim…
R.441—83.88 Adverse service actions
2.0K chars
83.88(1) Denial. An application for services will be denied when it is determined by the department that: a. The member is not eligible for the services because all of the medically necessary service needs cannot be met in a home- or community-based setting. b. Service needs exce…
R.441—83.89 Appeal rights. Notice of adverse action will be given in accordance with rule
0.1K chars
441—16.2(17A). The right to appeal will be given in accordance with 441—Chapter 2506. [ARC 0318D, IAB 5/27/26, effective 7/1/26]
R.441—83.9 Appeal rights. Notice of adverse action will be given in accordance with rule
0.1K chars
441—16.2(17A). The right to appeal will be given in accordance with 441—Chapter 2506. [ARC 0318D, IAB 5/27/26, effective 7/1/26]
R.441—83.90 to 83.100 Reserved
0.2K chars
These rules are intended to implement Iowa Code sections 249A.3 and 249A.4. DIVISION VI—PHYSICAL DISABILITY WAIVER SERVICES
R.441—84.1 Definitions
0.6K chars
“Diagnosis” is the determination of the nature of physical or mental disease or abnormality. “Interperiodic screen” means a screen that occurs between the times stated in the periodicity schedule in 441—subrule 78.18(3). “Screening” is the use of quick, simple procedures to sort …
R.441—84.2 Eligibility. All persons eligible for medical assistance under age 21 are eligible for early
0.1K chars
and periodic screening, diagnosis, and treatment. [ARC 9067C, IAB 4/2/25, effective 6/1/25]
R.441—84.3 Screening services. Screening services shall be provided in accordance with 42 CFR
0.3K chars
§441.56 as amended to August 1, 2024, and may be done by a screening center or other qualified providers. Other qualified providers are physicians, advanced registered nurse practitioners, rural health centers, federally qualified health centers, laboratories, clinics, and dentis…
R.441—84.4 Referral
0.8K chars
84.4(1) The availability of early and periodic screening will be discussed with the payee for any Medicaid-eligible child under the age of 21 at the time of application and periodically thereafter in compliance with federal regulations at Title 42, Part 441, Subpart B, as amended…
R.441—84.5 Follow up. Follow-up services will be provided when a referral for screening was
1.7K chars
accepted, but 60 days have elapsed and no screening examination has been performed, and when a screening examination discloses a possible abnormal condition and a referral was made for further diagnosis or treatment and such diagnosis or treatment has not been received within a p…
R.441—75.16 of less than $55 per month will receive a state-funded payment from the department
3.3K chars
for the difference between that countable income and $55 if the legislature has appropriated funding specifically for this purpose. This payment shall not be considered a benefit under Title XIX of the Social Security Act (as amended to August 1, 2024). This rule is intended to i…
R.441—85.1 Acute care in psychiatric hospitals. These rules do not apply to general hospitals with
3.1K chars
psychiatric units. 85.1(1) Psychiatric hospitals serving persons aged 21 and older. A psychiatric hospital serving persons aged 21 and older shall meet the federal criteria for an institution for mental disease and shall be licensed pursuant to rule 481—51.23(135B). An out-of-sta…
R.441—85.10 Eligibility of persons under the age of 21
2.5K chars
85.10(1) Age. To be eligible for payment for the cost of care provided by a psychiatric medical institution for children, the person shall be under 21 years of age. When treatment in the facility is provided immediately preceding the individual’s twenty-first birthday, coverage c…
R.441—85.11 Client participation. The resident’s client participation and medical payments from a
0.3K chars
third party shall be paid toward the total cost of care on a monthly basis. The state will pay the balance of the cost of care for the month. The facility shall make arrangements directly with the resident for payment of client participation. Client participation is determined ac…
R.441—85.12 Responsibilities of facilities
5.0K chars
85.12(1) Medical record requirements. The medical records maintained by psychiatric medical institutions for children shall permit determination of the degree and intensity of the treatment provided to persons who are furnished services in the facility. a. Development of assessme…
R.441—85.13 Outpatient day treatment for persons aged 20 or under. Payment to a psychiatric
0.9K chars
medical institution for children will be approved for day treatment services for persons aged 20 or under if the psychiatric medical institution for children is certified by the department of inspections, appeals, and licensing for day treatment services and the services are prov…
R.441—85.14 Conditions of participation. A nursing facility for persons with mental illness shall
0.5K chars
be licensed pursuant to 481—Chapter 65, or, if the facility is a distinct part of a hospital, pursuant to rule 481—51.24(135B). A distinct part of a general hospital may be considered a psychiatric institution. In addition, the facility shall be certified to participate in the Io…
R.441—85.15 Out-of-state placement. Placement in out-of-state nursing facilities for persons with
0.1K chars
mental illness is not payable. [ARC 9312C, IAB 5/28/25, effective 8/1/25]
R.441—85.16 Eligibility of persons aged 65 and over. To be eligible for payment for the cost of
0.2K chars
care provided by nursing facilities for persons with mental illness, persons must be aged 65 or over and be eligible under one of the coverage groups listed in 441—Chapter 75, except for medically needy. [ARC 9312C, IAB 5/28/25, effective 8/1/25]
R.441—85.17 Client participation. The resident’s client participation and medical payments from a
0.4K chars
third party shall be paid toward the total cost of care on a monthly basis. The state will pay the balance of the cost of care for the month. The facility shall make arrangements directly with the resident for payment of client participation. Client participation is determined ac…
R.441—85.18 Responsibilities of nursing facility
0.8K chars
85.18(1) Medical record requirements. The facility shall obtain a PRO determination that a person requires psychiatric care when the person applying or eligible for Medicaid enters the facility, returns from an acute care hospital stay longer than 10 days, or enters the facility …
R.441—85.19 Policies governing reimbursement. Cost reporting, reserve bed day payment, and
0.2K chars
reimbursement shall be the same for nursing facilities for persons with mental illness as for nursing facilities as set forth in 441—Chapter 81. [ARC 9312C, IAB 5/28/25, effective 8/1/25]
R.441—85.2 Out-of-state placement. Placement in an out-of-state psychiatric hospital for acute care
0.1K chars
requires prior department approval and must be approved only if special services are not available in Iowa. [ARC 9312C, IAB 5/28/25, effective 8/1/25]
R.441—85.20 State-funded personal needs supplement. A Medicaid member living in an
0.1K chars
intermediate care facility for persons with mental illness who has countable income for purposes of rule
R.441—85.3 Eligibility of persons under the age of 21
2.4K chars
85.3(1) Age. To be eligible for payment for the cost of care provided by a psychiatric hospital, the person shall be under 21 years of age. When treatment in the hospital is provided immediately preceding the person’s twenty-first birthday, coverage continues to be available unti…
R.441—85.4 Eligibility of persons aged 65 and over. To be eligible for payment for the cost of care
0.2K chars
provided by an institution for mental disease, persons must be aged 65 or over and be eligible under one of the coverage groups listed in 441—Chapter 75. [ARC 9312C, IAB 5/28/25, effective 8/1/25]
R.441—85.5 Client participation. The resident is not liable to pay client participation toward the cost
0.1K chars
of care, and no client participation amount shall be deducted from the state payment to the hospital. [ARC 9312C, IAB 5/28/25, effective 8/1/25]
R.441—85.6 Responsibilities of hospitals
4.9K chars
85.6(1) Medical record requirements. The medical records maintained by the psychiatric hospital shall permit determination of the degree and intensity of the treatment provided to persons who are furnished services in the hospital. a. Development of assessment and diagnostic data…