ARC 8509C

PUBLIC HEALTH DEPARTMENT[641]

Notice of Intended Action

The Department of Health and Human Services hereby proposes to rescind Chapter 158, “Regions for Substance Abuse Prevention and Treatment,” Iowa Administrative Code.

Legal Authority for Rulemaking

This rulemaking is proposed under the authority provided in Iowa Code section 125.7.

State or Federal Law Implemented

This rulemaking implements, in whole or in part, Iowa Code section 125.7.

Purpose and Summary

This chapter was reviewed and is proposed to be rescinded as part of the Red Tape Review process laid out by Executive Order 10. The intended purpose of this chapter is to establish Department authority for implementing substance use disorder treatment programs by dividing the state into regions and establishing standards for the development of the programs for each region, which will be addressed in the upcoming behavioral health overhaul approved by the Legislature in 2024.

Regulatory Analysis

Fiscal Impact

This 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 comments concerning this proposed rulemaking, which must be received by the Department no later than 4:30 p.m. on January 17, 2025. 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.

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: