ARC 4795C

ARC 4795C

IOWA FINANCE AUTHORITY[265]

Adopted and Filed

Rule making related to the home and community-based services revolving loan program

The Iowa Finance Authority hereby amends Chapter 21, "Home and Community-Based Services Revolving Loan Program," Iowa Administrative Code.

Legal Authority for Rule Making

This rule making is adopted under the authority provided in Iowa Code section 16.5.

State or Federal Law Implemented

This rule making implements, in whole or in part, Iowa Code section 16.47.

Purpose and Summary

This rule making updates statutory references and references to departments that no longer exist. This rule making also changes the requirements to demonstrate a local contributing effort in order to better align the Home and Community-Based Services Revolving Loan Program with other revolving loan programs administered by the Authority.

Public Comment and Changes to Rule Making

Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on September 25, 2019, as ARC 4666C. No public comments were received. No changes from the Notice have been made.

Adoption of Rule Making

This rule making was adopted by the Authority on November 6, 2019.

Fiscal Impact

This rule making has no fiscal impact to the State of Iowa.

Jobs Impact

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

Waivers

Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Authority for a waiver of the discretionary provisions, if any, pursuant to 265—Chapter 18.

Review by Administrative Rules Review Committee

The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making 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).

Effective Date

This rule making will become effective on January 8, 2020.

The following rule-making actions are adopted:

Item 1. Amend rule 265—21.1(16) as follows:

265—21.1(16) Purpose. Through its home and community-based services revolving loan program (program), the authority seeks to assist in the development and expansion of specific community-based services (adult day services, respite services, congregate meals, health and wellness, health screening, and nutritional assessments) that will allow older persons of low income to remain in their homes. This chapter implements Iowa Code section 16.183 as amended by 2006 Iowa Acts, House File 2734, section 34, 16.47 and furthers the goals specified in Iowa Code section 231.3.

Item 2. Amend subrule 21.5(1) as follows:

21.5(1) Projects eligible for assistance must meet the following criteria:

a. In the case of adult day services, the project must:

(1) to (3) No change.

(4)Become and remain certified as an adult day services provider, as set forth in 321—Chapter 24 481—Chapters 67 and 70.

b. to e. No change.

f. In the case of programming space for nutritional assessments, the program must:

(1) and (2) No change.

(3)Accept third-party reimbursement for nutritional counseling, including one or both of the following:

1.Medicaid 1915(c) waiver(s) and meet the standards set forth in human services department rules in 441—Chapters 77 and 78;

2.The Older Americans Act, 42 U.S.C. § 3001 et seq., and meet the standards set forth in elder affairs department the department on aging's rules in 321—Chapter 7 17—Chapter 7.

g. to j. No change.

Item 3. Amend subrule 21.5(3) as follows:

21.5(3) Assistance will be provided upon the following terms and conditions:

a. to e. No change.

f. Each project receiving assistance must may demonstrate a local contributing effort, as such term is used in Iowa Code section 16.4, of not less than 1 percent of the total loan amount.

g. No change.

Item 4. Amend rule 265—21.6(16) as follows:

265—21.6(16) Authority analysis of applications. Authority staff, in cooperation with the department of elder affairs staff inspections and appeals or the department on aging (or both, as necessary), will analyze and underwrite each potential project and will make recommendations for funding assistance to the board of the authority. Authority staff will use such procedures and processes in its underwriting and analysis as it deems necessary and appropriate in connection with furthering the purposes of this program. In addition, the authority anticipates that, because of the complex nature of each transaction, and the particular set of circumstances attributable to each particular application/transaction, the terms and conditions of loans may vary from project to project. The authority will make available its general operating procedures and guidelines for this program.

Item 5. Amend 265—Chapter 21, implementation sentence, as follows:

These rules are intended to implement Iowa Code section 16.5(17) and section 16.183 as amended by 2006 Iowa Acts, House File 2734, section 34 16.47.

[Filed 11/12/19, effective 1/8/20]

[Published 12/4/19]

Editor's Note: For replacement pages for IAC, see IAC Supplement 12/4/19.