Adopted and Filed

Family planning services funding prioritization, restrictions and reporting; distribution of federal funds restrictions—provider identification and attestation, ch 75

Untitled document

ARC 9170C

PUBLIC HEALTH DEPARTMENT[641]

Adopted and Filed

Rulemaking related to family planning services funding

The Department of Health and Human Services hereby rescinds Chapter 75, “Family Planning Services Funding Prioritization, Restrictions and Reporting,” and adopts a new Chapter 75, “Distribution of Federal Funds Restrictions—Provider Identification and Attestation,” Iowa Administrative Code.

Legal Authority for Rulemaking

This rulemaking is adopted under the authority provided in 2019 Iowa Acts, chapter 85, section 98, and 2023 Iowa Acts, chapter 19, section 346.

State or Federal Law Implemented

This rulemaking implements, in whole or in part, 2019 Iowa Acts, chapter 85, section 98; 2023 Iowa Acts, chapter 19, section 346; and Title X of the Public Health Service Act, 42 U.S.C. §300 et seq.

Purpose and Summary

This rulemaking was undertaken as a result of Executive Order 10. The purpose of this rulemaking is to require that, as a condition of eligibility as an applicant, grantee, grantee contractor, or grantee subcontractor for certain federal funds, each distinct location of a nonprofit health care delivery system will be assigned a distinct identification number and complete an attestation that abortions are not performed at the distinct location.

Public Comment and Changes to Rulemaking

Notice of Intended Action for this rulemaking was published in the Iowa Administrative Bulletin on December 11, 2024, as ARC 8530C. A public hearing was held on the following date(s):

●January 15, 2025

●January 17, 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 April 4, 2025.

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.

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 July 1, 2025.

The following rulemaking action is adopted:

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.

[Filed 4/4/25, effective 7/1/25]

[Published 4/30/25]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 4/30/25.

Public Health Department

Official Document

  • Family planning services funding prioritization, restrictions and reporting; distribution of federal funds restrictions—provider identification and attestation, ch 75
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  • Adopted and Filed

The official published PDF of this document is available from the Iowa General Assembly’s Administrative Rules page.

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View the Iowa Administrative Bulletin for 4/30/2025.

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Related Notices

Administrative Rule References

The following administrative rule references were added to this document. You may click a reference to view related notices.

Rule 641-75.1 Rule 641-75.2 Rule 641-75.3

Keywords

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Attestation Definitions Identification numbers
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