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 8959C
HUMAN SERVICES DEPARTMENT[441]
Adopted and Filed
Rulemaking related to psychiatric medical institution for children plan of care team
The Department of Health and Human Services hereby amends 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 adopted under the authority provided in Iowa Code chapter 249A.
State or Federal Law Implemented
This rulemaking implements, in whole or in part, 2024 Iowa Acts, House File 2402, and Iowa Code chapter 249A.
Purpose and Summary
This rulemaking implements 2024 Iowa Acts, House File 2402, which allowed 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.
Public Comment and Changes to Rulemaking
Notice of Intended Action for this rulemaking was published in the Iowa Administrative Bulletin on December 25, 2024, as ARC 8570C. A public hearing was held on the following date(s):
●January 15, 2025
●January 21, 2025
No one attended the public hearings. No public comments were received. No changes from the Notice have been made.
Adoption of Rulemaking
This rulemaking was adopted by the Department on January 31, 2025.
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.
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).
Effective Date
This rulemaking will become effective on April 1, 2025.
The following rulemaking action is adopted:
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.
[Filed 1/31/25, effective 4/1/25]
[Published 2/19/25]
EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 2/19/25.
The official published PDF of this document is available from the Iowa General Assembly’s Administrative Rules page.
View the Iowa Administrative Bulletin for 2/19/2025.
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"The following keywords and tags were added to this document. You may click a keyword to view related notices.
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