ARC 6368C

ARC 6368C

HUMAN SERVICES DEPARTMENT[441]

Notice of Intended Action

Proposing rule making related to family-life home forms

and providing an opportunity for public comment

The Human Services Department hereby proposes to amend Chapter 111, "Family-Life Homes," Iowa Administrative Code.

Legal Authority for Rule Making

This rule making is proposed under the authority provided in Iowa Code section 234.6.

State or Federal Law Implemented

This rule making implements, in whole or in part, Iowa Code section 249A.4.

Purpose and Summary

This proposed rule making is part of the Department's five-year rules review process. These rules define the Family-Life Home program administered through the Department through state supplementary assistance services. The names of forms are proposed to be removed to eliminate unnecessary future changes as form names change.

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 Department for a waiver of the discretionary provisions, if any, pursuant to rule 441—1.8(17A,217).

Public Comment

Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Department no later than 4:30 p.m. on July 5, 2022. Comments should be directed to:

Public Hearing

No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)"b," an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members.

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).

The following rule-making actions are proposed:

Item 1. Amend subrule 111.2(4) as follows:

111.2(4) When an applicant has reached a decision to operate a family-life home, the applicant shall complete Form 470-0606, Application for Certification.

Item 2. Amend subrule 111.6(1) as follows:

111.6(1) Prior to certification the family shall furnish the local department with a medical report on each member of the household. The report shall be on Form 470-0672, Provider Health Assessment Form.

Item 3. Amend subrule 111.9(1) as follows:

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 Form 470-0673, Physician's Report.

Item 4. Amend rule 441—111.10(249) as follows:

441—111.10(249) Placement agreement. The head of the family-life home and the resident shall enter into a placement agreement by signing Form 470-0634, Placement Agreement Family-Life Home, provided by the department.

Item 5. Amend 441—Chapter 111, implementation sentence, as follows:

These rules are intended to implement Iowa Code sections 234.6(6)"e" 234.6(1)"e" and 249.3(2)"a"(1).