Notice of Intended Action

Local public health services, ch 80

Untitled document

ARC 9424C

PUBLIC HEALTH DEPARTMENT[641]

Notice of Intended Action

Proposing rulemaking related to local public health services
and providing an opportunity for public comment

The Department of Health and Human Services hereby proposes to rescind Chapter 80, “Local Public Health Services,” Iowa Administrative Code, and to adopt a new chapter with the same title.

Legal Authority for Rulemaking

This rulemaking is proposed under the authority provided in Executive Order 10.

State or Federal Law Implemented

This rulemaking implements, in whole or in part, Iowa Code chapter 137.

Purpose and Summary

This proposed chapter outlines the Department’s contracts with local public health agencies. The purpose of local public health services contracts is to ensure core public health functions are met, to ensure public health services are delivered, and to increase the capacity of local public boards of health to meet the unique needs of the populations they serve in order to promote health for the populations’ lifetimes.

This proposed chapter underwent a Red Tape Review pursuant to Executive Order 10. As a result, the Department removed restrictive terms, redundant information, and duplicative language.

Regulatory Analysis

A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on June 11, 2025. A public hearing was held on the following date(s):

●July 1, 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 the Department’s waiver provisions contained in 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 August 12, 2025. Comments should be directed to:

Victoria L. Daniels
Department of Health and Human Services
Lucas State Office Building
321 East 12th Street
Des Moines, Iowa 50319
Phone: 515.829.6021
Email: compliancerules@hhs.iowa.gov

Public Hearing

Public hearings at which persons may present their views orally or in writing will be held as follows:

August 12, 2025
10 to 10:30 a.m.

Microsoft Teams
Meeting ID: 217 132 462 862 9
Passcode: b6zT9kQ6

August 12, 2025
2 to 2:30 p.m.

Microsoft Teams
Meeting ID: 255 108 374 658 5
Passcode: jm98TX2J

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.Rescind 641—Chapter 80 and adopt the following new chapter in lieu thereof:

CHAPTER 80

LOCAL PUBLIC HEALTH SERVICES

641—80.1(135) Definitions. For the purposes of these rules, the following definitions apply:

“Allocation” means the process to distribute funds.

“Appropriation” means the funding amount approved in the state budget.

“Contractor” means a local board of health.

“Core public health functions” means the same as defined in 641—Chapter 77.

“Elderly” means an individual aged 60 years and older.

“Essential public health services” means a framework for public health to promote and protect the health of all people in all communities.

“Formula” means the mathematical calculation applied to the state appropriation and granted to each local board of health pursuant to Iowa Code section 135.11(10) to determine the amount of available funds to be distributed to each county.

“Local board of health” or “LBOH” means a county or district board of health as defined in Iowa Code chapter 137.

“Low income” means the U.S. Census Bureau’s small area income and poverty estimates (SAIPE) used to determine low income.

“LPHS” means local public health services.

“Public health intervention” means an organized effort to promote behaviors and habits that can improve physical, mental, and emotional health for specific groups of people.

“Work plan” means the plan established by the contractor to identify the details for implementing core functions and essential public health services.

641—80.2(135) Contractor assurances. A contractor may directly provide or subcontract all or part of the delivery of essential public health services and public health interventions and will ensure the terms of its contract with the department are fulfilled, including the submission of an annual work plan.

641—80.3(135) Utilization of LPHS contract funding. A contractor may bill the department for staff time, salaries and benefits, and other necessary costs to implement the approved work plan.

641—80.4(135) LPHS funds.

80.4(1) Allocation for LPHS funds to each contractor is determined by the following formula:

a.Eighteen percent of the total LPHS funds will be divided so that an equal amount is available for use in each county in the state.

b.Eight percent of the total LPHS funds will be allocated to each county according to the county’s population based upon the published data of the U.S. Census Bureau, which is the most recent data available three months prior to the release of the LPHS application.

c.Forty-four percent of the total LPHS funds will be allocated according to the proportion of state residents who are elderly persons living in a county based upon the bridged-race population estimates produced by the U.S. Census Bureau in collaboration with the National Center for Health Statistics (NCHS).

d.Thirty percent of the total LPHS funds will be allocated according to the proportion of state residents who are low-income persons living in a county based upon the U.S. Census Bureau’s SAIPE.

80.4(2) The department will annually determine the potential for unused funds from contracts. Reallocation of the funds will be at the discretion of the department.

These rules are intended to implement Iowa Code section 135.11(10).

Public Health Department

Open For Comments

This notice is open for comments for 18 more day(s). If you'd like to comment, select or click the text you wish to comment on in the document, or click the button below to make a general comment about the document. Comments will be collected through 8/12/2025

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Public Hearing

Official Document

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

View Official PDF

View the Iowa Administrative Bulletin for 7/23/2025.

View Bulletin

Administrative Rule References

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

Rule 641-80.1 Rule 641-80.2 Rule 641-80.3 Rule 641-80.4

Iowa Code References

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

Iowa Code 135.11(10) Iowa Code 137

Keywords

The following keywords and tags were added to this document. You may click a keyword to view related notices.

Contractor assurances Definitions LPHS funds Utilization of LPHS contract funding
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