Notice of Intended Action
Psychiatric medical institution for children—plan of care team, 78.12(2), 78.29(2), 85.3(3), 85.6(3), 85.22(3), 85.24(3)
ARC 8570C
HUMAN SERVICES DEPARTMENT[441]
Notice of Intended Action
Proposing rulemaking related to psychiatric medical institution for children plan of care team and providing an opportunity for public comment
The Department of Health and Human Services hereby proposes to amend Chapter 78, “Amount, Duration and Scope of Medical and Remedial Services,” and Chapter 85, “Services in Psychiatric Institutions,” Iowa Administrative Code.
Legal Authority for Rulemaking
This rulemaking is proposed under the authority provided in Iowa Code chapter 249A.
State or Federal Law Implemented
This rulemaking implements, in whole or in part, Iowa Code chapter 249A and 2024 Iowa Acts, House File 2402.
Purpose and Summary
This proposed rulemaking implements 2024 Iowa Acts, House File 2402, which allows a physician assistant or advanced registered nurse practitioner to serve as a member of the plan of care team for children admitted to a psychiatric medical institution for children (PMIC) as a member who is experienced in child psychiatry or child psychology. The legislation also allows a physician assistant or advanced registered nurse practitioner to be a member of the team to complete the certification of need for services for a PMIC placement.
Regulatory Analysis
A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on October 30, 2024. Public hearings were held on the following date(s):
●November 19, 2024
Fiscal Impact
There is no fiscal impact to this rulemaking other than the underlying fiscal impact of the legislation.
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 January 21, 2025. Comments should be directed to:
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Victoria L. Daniels |
Public Hearing
Public hearings at which persons may present their views orally or in writing will be held as follows:
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January 15, 2025 |
Microsoft Teams |
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January 21, 2025 |
Microsoft Teams |
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.Amend subparagraph 78.12(2)“a”(3) as follows:
(3)Behavioral health intervention is not covered for members who are in an acute care or psychiatric hospital,or a long-term care facility, or a psychiatric medical institution for children.
ITEM 2.Amend subrule 78.29(2) as follows:
78.29(2) Exclusions. Payment will not be approved for the following services:
a. Services provided in a medical institution.
b. a.Services performed without relationship to a specific condition, risk factor, symptom, or complaint.
c. b.Services provided for nonspecific conditions of distress such as job dissatisfaction or general unhappiness.
d. c.Sensitivity training, marriage enrichment, assertiveness training, and growth groups or marathons.
ITEM 3.Amend paragraph 85.3(3)“a” as follows:
a.For persons eligible for Medicaid prior to admission, this preadmission certification shall be performed within 45 days prior to the proposed date for admission to the facility by an independent team that includes a physician who has competence in diagnosis and treatment of mental illness, preferably in child psychiatry, and who has knowledge of the person’s situation. If a social worker is a part of the team, the social worker may be from the county office of the department of human services.A physician’s assistant or advanced registered nurse practitioner may also serve as a member of the plan of care team.
The evaluation shall be submitted to the facility on or prior to the date of the patient’s admission.
ITEM 4.Adopt the following new subparagraph 85.6(3)“c”(4):
(4)The team may also include a physician’s assistant or an advanced registered nurse practitioner.
ITEM 5.Amend paragraph 85.22(3)“a” as follows:
a.For persons determined eligible for Medicaid prior to admission, this preadmission certification shall be performed within 45 days prior to the proposed date for admission to the facility by an independent team that includes a physician who has competence in diagnosis and treatment of mental illness, preferably in child psychiatry, and who has knowledge of the person’s situation. If a social worker is a part of the team, the social worker may be from the county office of the department of human services.A physician’s assistant or advanced registered nurse practitioner may also serve as a member of the plan of care team.
The evaluation shall be submitted to the facility on or prior to the date of the patient’s admission.
ITEM 6.Adopt the following new subparagraph 85.24(3)“c”(4):
(4)The team may also include a physician’s assistant or an advanced registered nurse practitioner.
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Open For Comments
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Public Hearing
Official Document
- Psychiatric medical institution for children—plan of care team, 78.12(2), 78.29(2), 85.3(3), 85.6(3), 85.22(3), 85.24(3)
- Published on 12/25/2024
- 54 Views , 0 Comments
- Notice of Intended Action
The official published PDF of this document is available from the Iowa General Assembly’s Administrative Rules page.
View the Iowa Administrative Bulletin for 12/25/2024.
Administrative Rule References
The following administrative rule references were added to this document. You may click a reference to view related notices.
Rule 441-78.12(2)"a" Rule 441-78.29(2) Rule 441-85.22(3)"a" Rule 441-85.24(3)"c" Rule 441-85.3(3)"a" Rule 441-85.6(3)"c"Keywords
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