ARC 0194D

ARC 0194D

HUMAN SERVICES DEPARTMENT[441]

Notice of Intended Action

Proposing rulemaking related to family-life homes
and providing an opportunity for public comment

    The Department of Health and Human Services hereby proposes to rescind Chapter 111, “Family-Life Homes,” Iowa Administrative Code, and to adopt a new Chapter 111 with the same title.

Legal Authority for Rulemaking

    This rulemaking is proposed under the authority provided in Iowa Code sections 249.3(2)“a”(1) and 234.6(1).

State or Federal Law Implemented

    This rulemaking implements, in whole or in part, 20 CFR 416.2015 and 20 CFR 416.2020.

Purpose and Summary

     This proposed chapter was reviewed under Executive Order 10. As a result, the Department deleted redundant information, added clarifying language, deleted restrictive terms, and spelled out form names. The goal of the Family-Life Home program is to provide a private, protective social living arrangement for one to two individuals who are unable to adequately maintain themselves in an independent living arrangement but who are capable of physical self-care.

Regulatory Analysis

    A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on March 4, 2026. A public hearing was held on the following date(s):

     ?   March 24, 2026

Fiscal Impact

     This proposed rulemaking has no fiscal impact to the State of Iowa.

Jobs Impact

    After analysis and review of this rulemaking, no impact on jobs has been found.

Waivers

    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 441—Chapter 6.

Public Comment

     Any interested person may submit written or oral comments concerning this proposed rulemaking, which must be received by the Department no later than 4:30 p.m. on May 5, 2026. Comments should be directed to:

Public Hearing

     Public hearings at which persons may present their views orally or in writing will be held as follows:

    Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.

     Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs.

Review by Administrative Rules Review Committee

    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).

    The following rulemaking action is proposed:

    ITEM 1.  Rescind 441—Chapter 111 and adopt the following new chapter in lieu thereof:

CHAPTER 111

FAMILY-LIFE HOMES

441—111.1(249) Definitions.

    “Eligible adult” means a person 18 years of age or older who meets the eligibility requirements for services or is a recipient of protective services and who is considering or needs a living arrangement in a family-life home.

    “Encouragement to share in the interests and activities of the household” means that the family welcomes and encourages the person to participate with the family in the family’s general family conversations and in the family’s social, recreational, educational, and religious activities; the family invites and encourages use of the general facilities of the family’s home; and the family expects the person to care for the person’s assigned living quarters and to participate within reason in the chores of the household.

    “Essentially capable of physical self-care” means the person is ambulatory or can move from place to place; can manage the activities of daily living, including personal hygiene and grooming, toileting, dressing and undressing, feeding, and medicating; and can attend to the care of personal property adequately with minimal support or occasional assistance.

    “Family” means a person or persons, either related or unrelated to the client, who constitute the members of the household and are related to one another by kinship of blood, marriage, or adoption.

    “Family-life home” means a private household offering a protective social living arrangement for one or two eligible adults who are not able or willing to adequately maintain themselves in an independent living arrangement but who are essentially capable of physical self-care. In this living arrangement, the family provides the client room, board, laundry, encouragement to share in the interests and activities of the household, and opportunities for participation in the social, cultural, educational, religious, and other activities of the community.

    “Not able or willing to adequately maintain themselves in an independent living arrangement” means that the person requires some assistance, encouragement, or social stimulation for adequate self-care or to maintain physical or mental health or personal safety.

    “Private household” means a dwelling unit occupied exclusively by a family and furnished by and belonging to the family by reason of ownership, rental agreement, or by a contract for purchase of life estate.

441—111.2(249) Application for certification.

    111.2(1) The department will issue a certificate of approval for the operation of a family-life home upon the recommendation of a local office of the department.

    111.2(2) Any person has the right to make application for a family-life home certificate.

    111.2(3) Persons wishing to care for adults shall make application to the local office of the department.

    111.2(4) When an applicant has reached a decision to operate a family-life home, the applicant shall complete an Application for Certification form.

    111.2(5) Each applicant shall supply two references who may be contacted by the local office of the department.

441—111.3(249) Provisions pertaining to the certificate.

    111.3(1) No family-life home shall be certified to provide a living arrangement for more than two eligible adults.

    111.3(2) At least one responsible adult member of the family shall be at the family dwelling or be reasonably available to the client during most of the daytime and nighttime hours, based on the service worker’s assessment of the individual’s need for supervision.

    111.3(3) The certificate shall be effective for one year from the date issued subject to continued compliance with rules governing the program.

    111.3(4) The certificate shall not be transferred to another person nor be valid for an address other than that shown on the certificate issued.

    111.3(5) A current certificate shall be in the possession of the certified family-life home and be available for inspection.

    111.3(6) There will be no fee nor charge for the certificate issued.

    111.3(7) A certified family-life home shall not be concurrently licensed as a residential care facility, intermediate care facility, child care center or a foster family home. An exception may be made for a home to be concurrently licensed as a foster family home and certified as a family-life home in order to provide continued care for a person who was placed in the home as a foster child.

441—111.4(249) Physical standards.

    111.4(1) The family-life home shall be safe, clean, well-ventilated, and properly lighted and heated. The family’s dwelling shall comply with all local health ordinances.

    111.4(2) The family’s dwelling shall not be a dwelling unit furnished by or belonging to a client.

    111.4(3) Sleeping rooms shall be suitably and comfortably furnished.

    111.4(4) Each resident shall have a single bedroom unless there is agreement among the family and the residents that a room may be shared.

    111.4(5) The family shall provide nutritional food in sufficient quantity to meet the needs of the client.

441—111.5(249) Personal characteristics of family-life home family.

    111.5(1) The adult head of the private household shall be a mature, responsible individual who is physically able to maintain a private household and who shall exercise good judgment in caring for adults.

    111.5(2) The family shall have an appreciation of and respect for the client’s relationship with the client’s own relatives, neighbors and friends.

    111.5(3) The family shall respect the client’s religious background and affiliation.

    111.5(4) The family shall have sufficient income and resources to provide adequately for the family’s own needs.

441—111.6(249) Health of family.

    111.6(1) Prior to certification, the family shall furnish the local office of the department with a medical report on each member of the household. The report shall be on a Provider Health Assessment form.

    111.6(2) The medical report shall provide significant findings of a physician, such as the presence or absence of any communicable disease.

    111.6(3) Medical reexaminations may be required at the discretion of a physician or the local office of the department.

441—111.7(249) Planned activities and personal effects.

    111.7(1) The daily routine shall be to promote and provide an opportunity for normal activity with time for rest and recreation compatible with the needs of the client.

    111.7(2) Every client shall be encouraged to develop social relationships through participation in neighborhood and other community and group activities.

    111.7(3) The family shall not require a client to do general housecleaning, cooking, or child care for the family. A client may voluntarily share in these responsibilities.

    111.7(4) Space shall be provided where a client may keep personal belongings.

441—111.8(249) Client eligibility.

    111.8(1) The client shall be 18 years of age or older as proven by birth or school records, personal records, or by records of the department or another agency.

    111.8(2) The client shall be willing to live in a certified family-life home by the client’s own declaration or the declaration of a person legally responsible for such client.

    111.8(3) The client shall be willing to accept the terms and requirements of the family-life home program.

    111.8(4) The client shall be capable of personal physical self-care.

441—111.9(249) Medical examinations, records, and care of a client.

    111.9(1) A physician shall certify that the client is free from any communicable disease and does not require a higher level of care than that provided by a family-life home. The certification shall be given prior to placement and following an annual medical review thereafter. The certification shall be given on a Physician’s Report Health Care Plan form.

    111.9(2) The family shall have available, at all times, the name, address and telephone number of the client’s physician.

    111.9(3) The family shall keep the department informed of any health problems. The family shall immediately notify the department in case of an accident, illness, or emergency that may affect the placement.

441—111.10(249) Placement agreement. The head of the family-life home and the resident shall enter into a placement agreement by signing a Family Life Home Placement Agreement form.

441—111.11(249) Legal liabilities. The department will advise the family to seek counsel regarding the family’s needs for insurance to cover personal injury, property damage, and other legal contingencies.

441—111.12(249) Emergency care and release of client.

    111.12(1) In case of an emergency, vacation, or overnight trip, requiring the family’s temporary absence from the home, the local office of the department shall be notified and arrangements shall be made with a designated, responsible person for the care of a client during the period of absence.

    111.12(2) The department shall be notified when the client leaves or the client or family expresses a desire for the client to leave the family-life home.

441—111.13(249) Information about client to be confidential. Information concerning a client, the client’s family, and the client’s background shall be regarded and handled as confidential by all persons involved in the client’s care.

These rules are intended to implement Iowa Code sections 234.6(1)“e” and 249.3(2)“a”(1).