ARC 8530C

ARC 8530C

Proposing rulemaking related to family planning services funding
and providing an opportunity for public comment

A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on October 16, 2024. A public hearing was held on the following date(s):

●November 6, 2024

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.

ITEM 1.Rescind 641—Chapter 75 and adopt the following new chapter in lieu thereof:

CHAPTER 75

DISTRIBUTION OF FEDERAL FUNDS RESTRICTIONS—PROVIDER
IDENTIFICATION AND ATTESTATION

641—75.1(88GA,ch85,90GA,ch19) Definitions.

“Administer” means to implement programs through contracts entered into by the department and selected private, governmental, and nonprofit organizations to provide programming directly to participants. “Administer” does not mean the evaluation of programs or the management of federal performance measures data collection. “Administer” also does not mean providing training and technical assistance.

“CAPP” means the community adolescent pregnancy prevention program using federal temporary assistance for needy families block grant funds appropriated to the department.

“Family planning” means the promotion of reproductive and family health through education, prevention of pregnancy, planning for pregnancy, and reproductive health services.

“FPP” means the state-funded family planning program that is a limited insurance coverage for men and women who are 12 to 54 years of age.

“Nonprofit health care delivery system” means an Iowa nonprofit corporation that controls, directly or indirectly, a regional health care network consisting of hospital facilities and various ambulatory and clinic locations that provide a range of primary, secondary, and tertiary inpatient, outpatient, and physician services.

“PREP” means the personal responsibility education program as specified in 42 U.S.C. Section 713 (as amended to January 1, 2024).

“SRAE” means the Sexual Risk Avoidance Education Grant Program authorized pursuant to Section 510 of Title V of the federal Social Security Act, 42 U.S.C. Section 710) as amended by the Consolidated Appropriations Act of 2022 (Public Law 117-103) and extended by division B, Title I, section 142, of the Further Additional Continuing Appropriations and Other Extensions Act, 2024 (Public Law 118-35), and the Further Consolidated Appropriations Act, 2024.

“Title X” refers to the federal requirements contained in 42 CFR Subpart A, Part 59 (as amended to August 1, 2024), and the Program Guidelines for Project Grants for Family Planning Services.

641—75.2(88GA,ch85,90GA,ch19) Identification numbers. The department will assign a unique identification number to each distinct location of a nonprofit health care delivery system receiving funds from the department to administer programs under:

75.2(1) The Title X family planning program;

75.2(2) PREP;

75.2(3) SRAE;

75.2(4) FPP; and

75.2(5) CAPP grants.

641—75.3(88GA,ch85,90GA,ch19) Attestation. Each applicant, grantee, grantee contractor, or grantee subcontractor, and each distinct location of a nonprofit health care delivery system receiving funds from the department as enumerated in rule 641—75.2(88GA,ch85,90GA,ch19) shall provide to the department, on forms prescribed by the department, a signed attestation that abortions are not performed at the distinct location.

These rules are intended to implement 2019 Iowa Acts, chapter 85, sections 98 through 100, and 2023 Iowa Acts, chapter 19, section 346.