Title VI, HUMAN SERVICES (Ch. 216 - 255A)

1. In any proceeding under section 229A.8 , the court may order the committed person released with supervision if any of the following apply: a. The attorney general stipulates to the release with supervision. b. The court or jury has determined that the person should be released…

1. If a committed person violates the release plan, the agency with jurisdiction over the person may request the court to issue an emergency ex parte order directing any law enforcement officer to take the person into custody so that the person can be returned to a secure facilit…

As used in this chapter , unless the context otherwise requires: 1. “Administrative service organization” means the same as defined in section 225A.1 . 2. “Book” , “list” , “record” , or “schedule” kept by a county auditor, assessor, treasurer, recorder, sheriff, or other county …

All legal costs and expenses for the taking into custody, care, investigation, and admission or commitment of a person to a state mental health institute shall be charged to an administrative services organization. [S13, §2308-a; C24, 27, 31, 35, 39, § 3590; C46, 50, 54, 58, 62, …

Costs and expenses for the taking into custody, care, and investigation of a person who has been admitted or committed to a state mental health institute, United States department of veterans affairs hospital, or other agency of the United States government, for persons with ment…

1. A person with mental illness and a person legally liable for the person’s support remain liable for the support of the person with mental illness as provided in this section . Persons legally liable for the support of a person with mental illness include the spouse of the pers…

The department shall implement services and adopt rules pursuant to chapter 17A in a manner that ensures that the state is the payor of last resort, and that the department does not make any payments for services that have been provided until the department has determined that th…

On the death of a person receiving or who has received assistance under the provisions of this chapter , and whom the department has previously found is able to pay, there shall be allowed against the estate of such decedent a claim of the sixth class for that portion of the tota…

If a person with mental illness departs without proper authority from a facility in another state and is found in this state, a peace officer in the county in which the patient is found may take and detain the patient without order and shall report the detention to the department…

The cost of support of patients without residence in this state, who are placed on convalescent leave or removed from a state mental health institute to any health care facility licensed under chapter 135C for rehabilitation purposes, shall be paid from the state mental health in…

1. The department may enter into agreements with other states, through their duly constituted authorities, to effect the reciprocal return of persons with mental illness and persons with an intellectual disability to the contracting states, and to effect the reciprocal supervisio…

A lien obtained pursuant to an action to collect any claim arising under this chapter shall be released by the board of supervisors when the claim or claims on which the lien is based have been fully paid or compromised and settled by the board, or when the estate of which the re…

Upon determining that a patient in a state mental health institute who has been involuntarily hospitalized under chapter 229 or admitted voluntarily at public expense was not a resident of this state at the time of the involuntary hospitalization or admission, the director or dir…

The transfer to any state mental health institute or to the places of their residence of persons with mental illness who have no residence in this state or whose residence is unknown, shall be made according to the directions of the department, and when practicable by employees o…

This chapter , entitled the “Older Iowans Act” , sets forth the state’s commitment to its older individuals, their dignity, independence, and rights. 86 Acts, ch 1245, §1001 C87, §249D.1 C93, §231.1 2009 Acts, ch 23, §12

The council shall do all of the following: 1. Make recommendations to the department regarding approval of the state plan on aging developed under section 231.31 and area plans developed under section 231.33 . 2. Recommend policies to coordinate state activities related to the pu…

The department of health and human services shall consider the recommendations of the council when administering this chapter . 86 Acts, ch 1245, §1009 C87, §249D.21 C93, §231.21 2009 Acts, ch 23, §18 ; 2023 Acts, ch 19, §579 ; 2024 Acts, ch 1161, §142

The department shall: 1. Administer the state plan on aging developed pursuant to section 231.31 . 2. Review and approve area plans developed under section 231.33 . 3. Coordinate state activities related to the purposes of this chapter . State activities shall include, at a minim…

The department shall provide or administer, but is not limited to providing or administering, all of the following programs and services: 1. Services for older individuals, family caregivers, and veterans as defined by the department in the most current version of the department’…

1. The general assembly declares that it is the policy of the state to work toward attainment of the following objectives for Iowa’s older individuals and individuals with disabilities: a. An adequate income. b. Access to physical and mental health care and long-term living and c…

The department shall develop a multiyear state plan on aging. The state plan on aging shall meet all applicable federal requirements. 86 Acts, ch 1245, §1012 C87, §249D.31 C93, §231.31 2003 Acts, ch 141, §7 ; 2009 Acts, ch 23, §23 ; 2023 Acts, ch 19, §582 ; 2024 Acts, ch 1161, §1…

1. The department shall designate an area agency on aging for each planning and service area. The designation shall continue until an area agency on aging’s designation is removed for cause as determined by the department, until the time of renewal or the annual update of an area…

Each area agency on aging shall: 1. Develop and administer an area plan approved by the department. 2. Assess the types and levels of services needed by older individuals and their caregivers in the planning and service area, and the effectiveness of other public or private progr…

Of the state funds appropriated or allocated to the department for programs of the area agencies on aging, not more than seven and one-half percent of the total amount shall be used for area agencies on aging administrative purposes. 2005 Acts, ch 175, §100

1. The department shall establish and enforce procedures relating to expenditure of state and federal funds by area agencies on aging that require compliance with both state and federal laws, rules, and regulations, including but not limited to all of the following: a. Requiring …

1. For purposes of this chapter , unless the context otherwise requires: a. “Administrative action” means an action or decision made by an owner, employee, or agent of a long-term care facility, assisted living program, elder group home, or by a governmental agency, which affects…

The purpose of this subchapter is to establish and provide for the operation of the office of long-term care ombudsman; to carry out, through the office, a state long-term care ombudsman program within the department in accordance with the requirements of the federal Act ; and to…

1. Office established. The office of long-term care ombudsman is established within the department, in accordance with the federal Act , and state law. The office shall consist of the state long-term care ombudsman, any local long-term care ombudsmen, and any certified volunteer …

1. The office of long-term care ombudsman may utilize its available resources to provide assistance and advocacy services to eligible recipients, or the families or legal representatives of such eligible recipients, of long-term services and supports provided through the Medicaid…

1. The department shall establish a certified volunteer long-term care ombudsman program in accordance with the federal Act to provide assistance to the state and local long-term care ombudsmen. 2. The department shall develop and implement a certification process for volunteer l…

The department shall administer long-term living and community support services and programs that allow older individuals and individuals with disabilities to secure and maintain maximum independence and dignity in a home environment that provides for self-care with appropriate s…

1. The department shall administer the prevention of elder abuse, neglect, and exploitation program in accordance with the requirements of the federal Act . The purpose of the program is to carry out activities for intervention in and response to elder abuse, neglect, and exploit…

The department shall administer a program for the coordination of information and assistance provided within the state to assist older individuals and individuals with disabilities, and their caregivers, in obtaining and protecting their rights and benefits. State and local agenc…

The director may convene meetings, as necessary, of the director and the director of inspections, appeals, and licensing, to assist in the coordination of policy, service delivery, and long-range planning relating to the long-term living system and older Iowans and Iowans with di…

Pursuant to the federal Act, the department shall direct the area agencies on aging to use outreach efforts to identify older individuals with Alzheimer’s disease and related disorders and to establish supportive services for those individuals and their families. The department s…

1. The department shall designate aging and disability resource centers to establish, in consultation with other stakeholders including organizations representing the disability community, a coordinated local aging and disability service system. In addition to services required b…

A legal assistance development program shall be administered by the department in accordance with the requirements of the federal Act. The purpose of the program is to provide leadership for improving the quality and quantity of legal advocacy assistance as a means of ensuring a …

A nutrition and health promotion program shall be administered by the department, in accordance with the requirements of the federal Act, including congregate and home-delivered nutrition programs, nutrition screening, nutrition education, nutrition counseling, and evidence-based…

The service quality standards and rights in this subchapter VII shall apply to any person with an intellectual disability, a developmental disability, brain injury, or chronic mental illness who receives services which are funded in whole or in part by public funds, or services w…

As the state participates more fully in funding services and other support for persons with an intellectual disability, developmental disability, brain injury, or chronic mental illness, it is the intent of the general assembly that the state shall seek to attain the following qu…

All of the following rights shall apply to a person with an intellectual disability, a developmental disability, a brain injury, or a chronic mental illness: 1. Wage protection. A person engaged in a work program shall be paid wages commensurate with the going rate for comparable…

1. A person’s sole remedy for a violation of a rule adopted by the department to implement sections 231.75 through 231.77 shall be to initiate a proceeding with the department by request pursuant to chapter 17A . a. Any decision of the department shall be in accordance with due p…

The department shall establish an appeals process by which a person or the person’s representative may appeal a decision of the department concerning the provision or denial of aging or disability services to the person. 2024 Acts, ch 1161, §158, 162 Section effective July 1, 202…

1. “Department” means the department of inspections, appeals, and licensing or the department’s designee. 2. “Elder” means a person sixty years of age or older. 3. “Elder group home” means a single-family residence that is operated by a person who is providing room, board, and pe…

1. The department may deny, suspend, or revoke a certificate in any case where the department finds that there has been a substantial or repeated failure on the part of the elder group home to comply with this chapter or minimum standards adopted under this chapter or for any of …

1. The denial, suspension, or revocation of a certificate shall be effected by delivering to the applicant or certificate holder by restricted certified mail or by personal service a notice setting forth the particular reasons for such action. Such denial, suspension, or revocati…