ARC 9371C

AGING, DEPARTMENT ON[17]

Notice of Intended Action

The Department of Health and Human Services(HHS) hereby proposes to rescind Chapter 1, “Introduction, Abbreviations and Definitions,” Chapter 2, “Department on Aging,” Chapter 4, “Department Planning Responsibilities,” Chapter 5, “Department Fiscal Operations,” Chapter 6, “Area Agency on Aging Planning and Administration,” Chapter 7, “Area Agency on Aging Service Delivery,” Chapter 8, “Long-Term Care Ombudsman,” Chapter 14, “Iowa Family Caregiver Support Program,” Chapter 15, “Elder Abuse Prevention and Awareness,” Chapter 19, “Public Records and Fair Information Practices,” Chapter 21, “The Service of Case Management,” and Chapter 22, “Office of Public Guardian,” Iowa Administrative Code.

Legal Authority for Rulemaking

This rulemaking is proposed under the authority provided in Iowa Code chapter 231.

State or Federal Law Implemented

This rulemaking implements, in whole or in part, 2023 Iowa Acts, Senate File 514.

Purpose and Summary

This proposed rulemaking is being undertaken in response to 2023 Iowa Acts, Senate File 514 (State Government Alignment Act), which realigned the Department on Aging within the HHS. To further effectuate that realignment, HHS is rescinding the chapters within agency [17] herein and repromulgating them in agency [441] in a separate rulemaking. The repromulgation will also take into account changes to the federal Supporting Older Americans Act.

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 or oral comments concerning this proposed rulemaking, which must be received by the Department no later than 4:30 p.m. on July 16, 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: