reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 13 - Rules and Practices in Contested Cases › Rule 17-13.17 - Continuances

Current through Register Vol. 47, No. 3, July 24, 2024
Unless otherwise provided, applications for continuances shall
				be made to the presiding officer
(1) A
			 written application for a continuance shall:
a. Be made at the earliest possible time and
			 no less than seven days before the hearing except in case of unanticipated
			 emergencies;
b. State the specific
			 reasons for the request; and
c. Be
			 signed by the requesting party or the party's representative.
An oral application for a continuance may be made if the
				presiding officer waives the requirement for a written motion. However, a party
				making such an oral application for a continuance must confirm that request by
				written application within five days after the oral request unless that
				requirement is waived by the presiding officer No application for continuance
				shall be made or granted without notice to all parties except in an emergency
				where notice is not feasible. The department may waive notice of such requests
				for a particular case or an entire class of cases.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 13 - Rules and Practices in Contested Cases › Rule 17-13.18 - Withdrawals

Current through Register Vol. 47, No. 3, July 24, 2024
A party requesting a contested case proceeding may withdraw
				that request prior to the hearing only in accordance with department rules.
				Unless otherwise provided, a withdrawal shall be with
				prejudice.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 13 - Rules and Practices in Contested Cases › Rule 17-13.19 - Intervention

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Motion.
A motion for leave to intervene in a contested case
			 proceeding shall state the grounds for the proposed intervention, the position
			 and interest of the proposed intervenor, and the possible impact of
			 intervention on the proceeding. A proposed answer or petition in intervention
			 shall be attached to the motion. Any party may file a response within 14 days
			 of service of the motion to intervene unless the time period is extended or
			 shortened by the presiding officer
(2)
When filed.
Motion for
			 leave to intervene shall be filed as early in the proceeding as possible to
			 avoid adverse impact on existing parties or the conduct of the proceeding.
			 Unless otherwise ordered, a motion for leave to intervene shall be filed before
			 the prehearing conference, if any, or at least 20 days before the date
			 scheduled for hearing. Any later motion must contain a statement of good cause
			 for the failure to file in a timely manner Unless inequitable or unjust, an
			 intervenor shall be bound by any agreement, arrangement, or other matter
			 previously raised in the case. Requests by untimely intervenors for
			 continuances which would delay the proceeding will ordinarily be
			 denied.
(3)
Grounds for
			 intervention.
The movant shall demonstrate that:
(a) intervention would not unduly prolong the
			 proceedings or otherwise prejudice the rights of existing parties;
(b) the movant is likely to be aggrieved or
			 adversely affected by a final order in the proceeding; and
(c) the interests of the movant are not
			 adequately represented by existing parties.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 13 - Rules and Practices in Contested Cases › Rule 17-13.20 - Hearing Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
			 presiding officer presides at the hearing, and may rule on motions, require
			 briefs, issue a proposed decision, and issue such orders and rulings as will
			 ensure the orderly conduct of the proceedings.
(2) All objections shall be timely made and
			 stated on the record.
(3) Parties
			 have the right to participate or to be represented in all hearings or
			 prehearing conferences related to their case. Partnerships, corporations, or
			 associations may be represented by any member, officer, director, or duly
			 authorized agent. Any party may be represented by an attorney or another person
			 authorized by law.
(4) Subject to
			 terms and conditions prescribed by the presiding officer, parties have the
			 right to introduce evidence on issues of material fact, cross-examine witnesses
			 present at the hearing as necessary for a full and true disclosure of the
			 facts, present evidence in rebuttal, and submit briefs and engage in oral
			 argument.
(5) The presiding officer
			 shall maintain the decorum of the hearing and may refuse to admit or may expel
			 anyone whose conduct is disorderly.
(6) Witnesses may be sequestered during the
			 hearing.
(7) The presiding officer
			 shall conduct the hearing in the following manner:
a. The presiding officer shall give an
			 opening statement briefly describing the nature of the proceedings;
b. The parties shall be given an opportunity
			 to present opening statements;
c.
			 Parties shall present their cases in the sequence determined by the presiding
			 officer;
d. Each witness shall be
			 sworn or affirmed by the presiding officer or the court reporter, and be
			 subject to examination and cross-examination. The presiding officer may limit
			 questioning in a manner consistent with law;
e. When all parties and witnesses have been
			 heard, parties may be given the opportunity to present final
			 arguments.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 13 - Rules and Practices in Contested Cases › Rule 17-13.21 - Evidence

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The presiding
			 officer shall rule on admissibility of evidence and may, where appropriate,
			 take official notice of facts in accordance with all applicable requirements of
			 law.
(2) Stipulation of facts is
			 encouraged. The presiding officer may make a decision based on stipulated
			 facts.
(3) Evidence in the
			 proceeding shall be confined to the issues as to which the parties received
			 notice prior to the hearing unless the parties waive their right to such notice
			 or the presiding officer determines that good cause justifies expansion of the
			 issues. If the presiding officer decides to admit evidence on issues outside
			 the scope of the notice over the objection of a party who did not have actual
			 notice of those issues, that party, upon timely request, shall receive a
			 continuance sufficient to amend pleadings and to prepare on the additional
			 issue.
(4) The party seeking
			 admission of an exhibit must provide opposing parties with an opportunity to
			 examine the exhibit prior to the ruling on its admissibility. Copies of
			 documents should normally be provided to opposing parties.
All exhibits admitted into evidence shall be appropriately
				marked and be made part of the record.
(5) Any party may object to specific evidence
			 or may request limits on the scope of any examination or cross-examination.
			 Such an objection shall be accompanied by a brief statement of the grounds upon
			 which it is based. The objection, the ruling on the objection, and the reasons
			 for the ruling shall be noted in the record. The presiding officer may rule on
			 the objection at the time it is made or may reserve a ruling until the written
			 decision.
(6) Whenever evidence is
			 ruled inadmissible, the party offering that evidence may submit an offer of
			 proof on the record. The party making the offer of proof for excluded oral
			 testimony shall briefly summarize the testimony or, with permission of the
			 presiding officer, present the testimony. If the excluded evidence consists of
			 a document or exhibit, it shall be marked as part of an offer of proof and
			 inserted in the record.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 13 - Rules and Practices in Contested Cases › Rule 17-13.24 - Recording Costs

Current through Register Vol. 47, No. 3, July 24, 2024
Upon request, the department shall provide a copy of the whole
				or any portion of the record at cost. The cost of preparing a copy of the
				record or of transcribing the hearing record shall be paid by the requesting
				party.
Parties who request that a hearing be recorded by certified
				shorthand reporters rather than by electronic means shall bear the cost of that
				recordation, unless otherwise provided by law.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 13 - Rules and Practices in Contested Cases › Rule 17-13.25 - Interlocutory Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
Upon written request of a party or on its own motion, the
				commission may review an interlocutory order of the presiding officer In
				determining whether to do so, the commission shall weigh the extent to which
				its granting the interlocutory appeal would expedite final resolution of the
				case and the extent to which review of that interlocutory order by the
				commission at the time it reviews the proposed decision of the presiding
				officer would provide an adequate remedy. Any request for interlocutory review
				must be filed within 14 days of issuance of the challenged order, but no later
				than the time for compliance with the order or the date of hearing, whichever
				is first.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 13 - Rules and Practices in Contested Cases › Rule 17-13.26 - Final Decision

Current through Register Vol. 47, No. 3, July 24, 2024
(1) When
			 the commission presides over the reception of evidence at the hearing, its
			 decision is a final decision.
(2)
			 When the commission does not preside at the reception of evidence, the
			 presiding officer shall make a proposed decision. The proposed decision becomes
			 the final decision of the commission without further proceedings unless there
			 is an appeal to, or review on motion of, the department within the time
			 provided in rule
			 17-13.27
			 (17A).
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 13 - Rules and Practices in Contested Cases › Rule 17-13.27 - Appeals and Review

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Appeal by party.
Any adversely affected party may appeal a
			 proposed decision to the commission within 30 days after issuance of the
			 proposed decision.
(2)
Review.
The commission may initiate review of a proposed
			 decision on its own motion at any time within 30 days following the issuance of
			 such a decision.
(3)
Notice
			 of appeal.
An appeal of a proposed decision is initiated by filing a
			 timely notice of appeal with the department. The notice of appeal must be
			 signed by the appealing party or a representative of that party and contain a
			 certificate of service. The notice shall specify:
a. The parties initiating the
			 appeal;
b. The proposed decision or
			 order appealed from;
c. The
			 specific findings or conclusions to which exception is taken and any other
			 exceptions to the decision or order;
d. The relief sought;
e. The grounds for relief.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 13 - Rules and Practices in Contested Cases › Rule 17-13.28 - Applications for Rehearing

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
By whom filed.
Any party to a contested case proceeding may
			 file an application for rehearing from a final order
(2)
Content of application.
The application for rehearing shall state on whose behalf it is filed, the
			 specific grounds for rehearing, and the relief sought. In addition, the
			 application shall state whether the applicant desires reconsideration of all or
			 part of the department decision on the existing record and whether, on the
			 basis of the grounds enumerated in subrule 13.27(4), the applicant requests an
			 opportunity to submit additional evidence.
(3)
Time of filing.
The
			 application shall be filed with the department within 20 days after issuance of
			 the final decision.
(4)
Notice to other parties. A
copy of the application shall be
			 timely mailed by the applicant to all parties of record not joining therein. If
			 the application does not contain a certificate of service, the department shall
			 serve copies on all parties.
(5)
Disposition.
Any application for a rehearing shall be deemed
			 denied unless the department grants the application within 20 days after its
			 filing.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 13 - Rules and Practices in Contested Cases › Rule 17-13.29 - Stays of Department Actions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
When available.
a. Any party
			 to a contested case proceeding may petition the department for a stay of an
			 order issued in that proceeding or for other temporary remedies, pending review
			 by the department. The petition shall be filed with the notice of appeal and
			 shall state the reasons justifying a stay or other temporary remedy. The
			 commission may rule on the stay or authorize the presiding officer to do
			 so.
b. Any party to a contested
			 case proceeding may petition the department for a stay or other temporary
			 remedies pending judicial review of all or part of that proceeding. The
			 petition shall state the reasons justifying a stay or other temporary
			 remedy.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 13 - Rules and Practices in Contested Cases › Rule 17-13.30 - No Factual Dispute Contested Cases

Current through Register Vol. 47, No. 3, July 24, 2024
If the parties agree that no dispute of material fact exists as
				to a matter that would be a contested case if such a dispute of fact existed,
				the parties may present all relevant admissible evidence either by stipulation
				or otherwise as agreed by the parties, without necessity for the production of
				evidence at an evidentiary hearing. If such agreement is reached, a jointly
				submitted schedule detailing the method and timetable for submission of the
				record, briefs and oral argument should be submitted to the presiding officer
				for approval as soon as practicable. If the parties cannot agree, any party may
				file and serve a motion for summary judgment pursuant to the rules governing
				such motions.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 13 - Rules and Practices in Contested Cases › Rule 17-13.31 - Emergency Adjudicative Proceedings

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Necessary emergency action.
To the extent necessary to prevent
			 or avoid immediate danger to the public health, safety, or welfare and,
			 consistent with the Constitution and other provisions of law, the department
			 may issue a written order in compliance with Iowa Code section
			 17A.18 to suspend a
			 license in whole or in part, order the cessation of any continuing activity,
			 order affirmative action, or take other action within the jurisdiction of the
			 department by emergency adjudicative order. Before issuing an emergency
			 adjudicative order, the department shall consider factors including, but not
			 limited to, the following:
a. Whether there
			 has been a sufficient factual investigation to ensure that the department is
			 proceeding on the basis of reliable information;
b. Whether the specific circumstances which
			 pose immediate danger to the public health, safety or welfare have been
			 identified and determined to be continuing;
c. Whether the person required to comply with
			 the emergency adjudicative order may continue to engage in other activities
			 without posing immediate danger to the public health, safety or
			 welfare;
d. Whether imposition of
			 monitoring requirements or other interim safeguards would be sufficient to
			 protect the public health, safety or welfare; and
e. Whether the specific action contemplated
			 by the department is necessary to avoid the immediate danger.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 13 - Rules and Practices in Contested Cases › Rule 17-13.32 - Informal Settlement

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A
			 party to a controversy that may culminate in contested case proceedings may
			 attempt informal settlement of the controversy by complying with the procedures
			 set forth in this subrule. No party to a controversy shall be required to
			 settle the controversy by submitting to informal settlement procedures.
a. Parties desiring informal settlement shall
			 set forth in writing the various points of a proposed settlement, which may
			 include a stipulated statement of facts.
b. When signed by the parties to a
			 controversy, a proposed settlement shall represent final disposition of the
			 matter in place of contested case proceedings.
c. Where there are more than two parties to a
			 controversy before the department, a separate settlement between one party and
			 the department is permissible.
d. A
			 proposed settlement which is not accepted or signed by the parties shall not be
			 admitted as evidence in the record of a contested case proceeding.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 14 - Iowa Family Caregiver Support Program › Rule 17-14.1 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
The purpose of the family caregiver support program is to
				provide support services for family caregivers for older individuals and for
				grandparents or persons who are relative caregivers of children. The program
				shall be called the Iowa family caregiver support program.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 14 - Iowa Family Caregiver Support Program › Rule 17-14.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
Words and phrases used in this chapter are as defined in 17 lAC
				1 unless the context indicates otherwise. The following definitions also apply
				to this chapter:
"Child"
means an individual who is not more
				than 18 years of age or who is an individual with a disability.
"Family caregiver"
means an adult family
				member, 18 years of age or older, or another adult individual selected by the
				consumer or the consumer's legal representative, who is an informal provider of
				in-home or community care to an older individual or to a person of any age with
				Alzheimer's disease, a related disorder, or a neurological or organic brain
				dysfunction.
"Grandparent"
or
"relative
				caregiver"
means a grandparent or stepgrandparent of a child; or a
				relative of a child by blood, marriage or adoption who is not a parent and who
				is 55 years of age or older and:
1.
			 Lives with the child; and
2. Is the
			 primary caregiver of the child because the biological or adoptive parent is
			 unable or unwilling to serve as the primary caregiver of the child;
			 and
3. Has a legal relationship to
			 the child, such as legal custody or guardianship, or is raising the child
			 informally.
"Older individual"
means a person 60 years of
				age or older
"Respite care "
means temporary, substitute
				support or living arrangements for care recipients in order to provide a brief
				period of relief or rest for caregivers.
"Supplemental services "
means services or
				items that are provided on a limited basis to complement the care provided by
				the caregiver
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 14 - Iowa Family Caregiver Support Program › Rule 17-14.3 - Eligibility for Services

Current through Register Vol. 47, No. 3, July 24, 2024
In order to be eligible for services under this chapter, a
				family caregiver shall be providing informal in-home or community care
				to:
1. An older individual;
			 or
2. A person of any age with
			 Alzheimer's disease, a related disorder, or a neurological or organic brain
			 dysfunction; or
3. A child or
			 children not more than 18 years of age; or
4. An adult child or children aged 19 through
			 59 with a disability.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 14 - Iowa Family Caregiver Support Program › Rule 17-14.4 - Priorities for Service

Current through Register Vol. 47, No. 3, July 24, 2024
In determining eligibility for services for categories as
				defined in rule
				17-14.3
				(231,249H) of this chapter, equal priority shall be given to persons in all
				categories listed below. Each area agency on aging (AAA) will determine if the
				grandparent component of the program is offered based on the availability of
				funds.
Family Caregivers
Grandparents and Relative Caregivers
Individuals of any age with Alzheimer's disease or related
						disorders.
Children with severe disabilities.
Older individuals with the greatest social and economic
						needs (with particular attention to low-income individuals) who are providing
						care to individuals 60 years of age or older.
Older individuals with the greatest social and economic
						needs (with particular attention to low-income individuals) who are providing
						care to individuals 60 years of age or older.
Older individuals providing care to persons with severe
						disabilities, including children with severe disabilities.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 14 - Iowa Family Caregiver Support Program › Rule 17-14.6 - Service Categories

Current through Register Vol. 47, No. 3, July 24, 2024
Each AAA shall provide all of the following categories of
				service under this chapter Services may be provided to individuals or to groups
				directly, or through contract procedures as specified in 17 lAC 6. The services
				include:
(1)
Information about
			 available services.
This may include, but is not limited to, providing
			 to family caregivers newsletters, seminars or other types of group
			 presentations which identify and explain the various services that may be
			 available.
(2)
Access to
			 services.
This may include, but is not limited to: information,
			 assistance, referral, outreach, and adequate follow-up procedures to ensure
			 that, to the maximum extent practicable, individuals receive the needed
			 services that are available within their communities.
(3)
Counseling, training and support
			 groups.
This may include, but is not limited to, the following
			 services:
a. Individual or group support
			 programs that develop or strengthen informal or family support
			 systems.
b. Formal or informal
			 opportunities for individuals to acquire knowledge, experience or skills in
			 caregiving.
c. Coimseling to enable
			 the caregiver and family to resolve problems or to relieve temporary stresses.
			 Mental health and behavioral health services shall be provided by a mental
			 health professional licensed in this state.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 14 - Iowa Family Caregiver Support Program › Rule 17-14.7 - Conflict of Interest

Current through Register Vol. 47, No. 3, July 24, 2024
Conflict of interest includes any action or failure to act that
				may be an actual or perceived conflict between official duties and personal
				interest. Conflict of interest exists when the family caregiver program or any
				entity or individual:
1. Uses an
			 official position for private gain (other than salary).
2. Gives preferential treatment to any entity
			 or individual or fails to act impartially in the conduct of official
			 duties.
3. Impedes or adversely
			 affects governmental efficiency or economy.
4. Engages in conduct that could adversely
			 affect the confidence of the public in the integrity of the family caregiver
			 program.
5. Creates circumstances
			 where it might reasonably be perceived that an entity's or individual's
			 judgment could be influenced by the nature of the circumstances.
6. Uses any property of the person giving
			 care or the person receiving care for personal use.
7. Provides another direct service to a
			 consumer assigned to the family caregiver program.
8. The family caregiver program
			 disproportionately chooses one provider over another provider or indicates it
			 may be attempting to influence the selection of a specific provider.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 14 - Iowa Family Caregiver Support Program › Rule 17-14.8 - Confidentiality

Current through Register Vol. 47, No. 3, July 24, 2024
Except by written consent of the consumer or the consumer's
				legal representative, the use or disclosure by any person of any information
				concerning a consumer for any purpose not directly connected with the
				administration of the responsibilities of the department, AAA, or authorized
				service provider is prohibited.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 14 - Iowa Family Caregiver Support Program › Rule 17-14.11 - Failure to Meet Program Requirements; Waiver of Standards

Current through Register Vol. 47, No. 3, July 24, 2024
When an AAA fails to meet the requirements of this chapter, the
				department shall follow procedures outlined in 17 lAC 4. Provisions of this
				chapter may be waived pursuant to 17 lAC 11.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 14 - Iowa Family Caregiver Support Program › Rule 17-14.12 - Severability

Current through Register Vol. 47, No. 3, July 24, 2024
Should any rule, subrule, paragraph, phrase, sentence or clause
				of this chapter be declared invalid or unconstitutional for any reason, the
				remainder of this chapter shall not be affected thereby.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 15 - Elder Abuse Prevention and Awareness › Rule 17-15.1 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter establishes the elder abuse prevention initiative
				as a method of providing prevention, intervention, detection, and reporting of
				abuse, neglect, and exploitation of older individuals and of providing service
				options for at-risk older adults. This chapter also establishes criteria for
				certifying trainers to provide dependent adult abuse mandatory reporter
				training.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 15 - Elder Abuse Prevention and Awareness › Rule 17-15.3 - Project Administration

Current through Register Vol. 47, No. 3, July 24, 2024
In any year in which funds are available for the elder abuse
				prevention initiative, the department shall contract with local agencies or
				organizations to administer available funds and to study and evaluate
				community-based projects and educational programs for the prevention of elder
				abuse. The contractors shall utilize the funds to provide community-based
				services for older individuals who have been the subject of suspected elder
				abuse or for the provision of educational programs to raise awareness about
				elder abuse. Agencies or organizations that receive elder abuse prevention
				initiative funds shall submit a proposal to the department one month prior to
				the commencement of the fiscal year. Proposals shall contain the
				following:
1. Project summary,
			 including issues the project will address;
2. Projection of the number of older
			 individuals to be served;
3.
			 Description of services to be provided;
4. Description of community support for the
			 project;
5. Designation of
			 evaluation and audit mechanisms;
6.
			 Project budget; and
7. Evaluation
			 plan.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 15 - Elder Abuse Prevention and Awareness › Rule 17-15.4 - Contractor Responsibilities

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A contractor or subcontractor shall have
			 a designated coordinator to administer elder abuse prevention initiative funds
			 and services who meets all of the following qualifications:
a. A bachelor's degree in a human services
			 field and a minimum of four years of experience in a human services and
			 gerontology field. A contractor may submit a request in writing to the
			 department for an exception to this requirement for any coordinator hired after
			 April 1, 2010;
b. Completion of
			 dependent adult abuse mandatory reporter training requirements in accordance
			 with Iowa Code section
			 235B.16
			 prior to direct client contact;
c.
			 Completion of orientation and training provided by the department prior to
			 direct client contact related to utilization of the assessment tool; service
			 coordination and monitoring; performance measures and outcome evaluation;
			 advocacy and public awareness training; and
d. Eight hours of annual training related to
			 dependent adult or elder abuse.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 15 - Elder Abuse Prevention and Awareness › Rule 17-15.5 - Funding Restrictions

Current through Register Vol. 47, No. 3, July 24, 2024
The use of funding is restricted as follows:
1. A contractor shall determine that the
			 client is not eligible to receive services under another funding source prior
			 to authorizing the use of elder abuse prevention initiative funds and shall
			 document this in the assessment.
2.
			 Services funded shall reduce or eliminate abuse, neglect, self-neglect,
			 exploitation, or risk of the same.
3. The funds shall be utilized for one-time
			 expenditures but may be used for ongoing or monthly expenditures if no other
			 funding source is available and the client would otherwise remain in an abusive
			 situation.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 15 - Elder Abuse Prevention and Awareness › Rule 17-15.6 - Reallocation of Funds

Current through Register Vol. 47, No. 3, July 24, 2024
The contractor shall report, in writing, any projected
				underexpenditure of funds prior to the completion of the contract. The
				department may reallocate such funds to other contractors for the same purpose
				or to the department's elder abuse prevention efforts.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 15 - Elder Abuse Prevention and Awareness › Rule 17-15.7 - Eligibility

Current through Register Vol. 47, No. 3, July 24, 2024
If funding is available, an older individual shall be eligible
				for assistance under the elder abuse prevention initiative if all of the
				following criteria are met:
(1) If
			 abuse, neglect, exploitation, or self-neglect exists, or there is risk of same.
			 Abuse, neglect, exploitation, or self-neglect includes the deprivation of the
			 minimum food, shelter, clothing, supervision, physical care, mental health
			 care, or other care necessary to maintain the older individual in an
			 independent living arrangement.
(2)
			 The older individual is not a resident in a nursing facility as defined in Iowa
			 Code section
			 135C.1(13).
			 Exceptions may be granted by the department on a case-by-case basis.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 15 - Elder Abuse Prevention and Awareness › Rule 17-15.8 - Assessment Intake

Current through Register Vol. 47, No. 3, July 24, 2024
A contractor shall accept all referrals for at-risk older
				individuals who may be experiencing abuse, neglect, self-neglect, or
				exploitation. The primary purpose of intake is to obtain available and
				pertinent information regarding an allegation of elder abuse to determine
				whether or not a referral becomes a case. When a referral is received, the
				contractor shall record all allegations and concerns on the intake portion of
				the assessment form to determine the priority level of the case as
				follows:
(1)
Priority
			 1.
The at-risk older individual's health or safety is in immediate
			 danger, and the individual requires immediate intervention. The contractor
			 shall contact appropriate agencies such as the department of human services,
			 emergency medical services, and law enforcement. A face-to-face visit with the
			 at-risk older individual and completion of the assessment form shall occur
			 after the life-threatening situation is resolved and within one business
			 day.
(2)
Priority
			 2.
The at-risk older individual's health or safety is not in immediate
			 danger, but the risk is real and foreseeable in the future. A face-to-face
			 visit with the at-risk older individual and completion of the assessment shall
			 be made within four working days.
(3)
Priority 3.
The at-risk
			 older individual's health or safety is not in immediate danger, but there is
			 potential risk for abuse, neglect, self-neglect, or exploitation. Contact with
			 the at-risk older individual is required within ten working days.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 15 - Elder Abuse Prevention and Awareness › Rule 17-15.9 - Release of Information

Current through Register Vol. 47, No. 3, July 24, 2024
A release of information form designated by the department
				shall be signed by the at-risk older individual or the individual's legal
				representative prior to the provision of services. In Priority 1 cases, if
				obtaining the at-risk older individual's signature will delay the process of
				immediate intervention or the protection of the at-risk older individual's
				safety, telephone approval is acceptable and shall be documented in the
				assessment. In this circumstance, appropriate signatures shall be obtained as
				soon as the life-threatening situation is resolved and a face-to-face
				assessment is conducted. A release shall also be signed by a client or the
				client's legal representative if photographs, electronic images, or recordings
				are taken involving the client or the client's home.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 15 - Elder Abuse Prevention and Awareness › Rule 17-15.10 - Assessment

Current through Register Vol. 47, No. 3, July 24, 2024
A comprehensive assessment shall be completed on each client
				within the time frames specified in
				17-15.8 (231)
				to protect the client's safety and provide for services where necessary and
				desired by the client. The tasks associated with completion of the assessment
				are:
(1)
Interviewing the
			 alleged victim.
This shall include interviewing the at-risk older
			 individual to identify the nature and scope of the abuse or risk; assessing the
			 at-risk older individual's cognitive, emotional, and physical capabilities,
			 home environment, relationships with others living in the residence,
			 relationships with any service providers, and information on the alleged
			 offender; and gathering any information related to prior incidences of similar
			 abuse or risk. Interviews with the alleged victim shall occur without the
			 alleged offender present.
(2)
Interviewing other sources.
Attempts shall be made to conduct
			 interviews with persons who have relevant information to share about
			 allegations.
(3)
Evaluating
			 the information.
Evaluation of the information shall include an
			 analysis that confirms whether or not the alleged victim meets the eligibility
			 criteria for services.
(4)
Intervention plan.
An intervention plan designed to address
			 the victim's situation shall be developed for all clients who are found to be
			 eligible for services and, at a minimum, shall include a service plan, desired
			 outcomes, funding source, and dates to review progress. If the situation is
			 perpetuated by an older individual's personal choices, the intervention plan
			 shall note this.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 15 - Elder Abuse Prevention and Awareness › Rule 17-15.11 - Monitoring and Reassessment

Current through Register Vol. 47, No. 3, July 24, 2024
A contractor shall monitor the provision of services identified
				in the intervention plan. A contractor shall conduct and document a
				face-to-face client reassessment every six months or whenever there is a
				significant change in the client's physical health, mental health, economic
				status, or risk status and shall update the intervention plan
				accordingly.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 15 - Elder Abuse Prevention and Awareness › Rule 17-15.12 - Purchase of Service

Current through Register Vol. 47, No. 3, July 24, 2024
A contractor may subcontract with a service provider for the
				provision of services. Any service provided by a contractor or a subcontractor
				shall be documented on a purchase of service form designated by the department.
				A subcontractor shall send the purchase of service form to the coordinator for
				approval prior to the expenditure of funds. Notification of approval or denial
				shall be sent to the subcontractor via E-mail or fax and shall be retained in
				the client's case record. A service provider shall bill the contractor within
				30 days of rendering a service. A copy of all invoices shall be kept in the
				client's case record.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 15 - Elder Abuse Prevention and Awareness › Rule 17-15.13 - Case Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A case
			 record shall be maintained for each client and shall contain copies of the
			 assessments and any related correspondence or information that pertains to the
			 assessment of the client, intervention plan, medical records, updates, legal
			 representation documents, and documentation of dates, times, travel,
			 activities, and expenditures related to the client. The department shall have
			 complete access to all client case records during regular business hours and
			 upon request.
(2) Case records
			 shall be maintained for a minimum of five years from the date a case is closed
			 in accordance with Iowa Code chapter 305. A case record that is closed shall
			 contain completed assessments; signed release of information forms; purchase of
			 service forms and invoices for services rendered; department of human services'
			 dependent adult abuse report forms; photographs, electronic images, or
			 recordings; and all case documentation, records, and notes.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 15 - Elder Abuse Prevention and Awareness › Rule 17-15.14 - Refusal of Assistance

Current through Register Vol. 47, No. 3, July 24, 2024
A client has the right to refuse services at any time. However,
				if dependent adult abuse is suspected, the abuse shall be reported to law
				enforcement, the department of human services, and the county attorney pursuant
				to mandatory reporting requirements.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 15 - Elder Abuse Prevention and Awareness › Rule 17-15.15 - Termination or Limitation

Current through Register Vol. 47, No. 3, July 24, 2024
A contractor may terminate or limit the provision of services
				under circumstances including but not limited to the following:
1. Services are no longer needed or do not
			 benefit the client;
2. The client
			 moves out of state or outside the service area;
3. The client moves into a nursing facility
			 as defined in Iowa Code section 135C. 1(13);
4. The client or the client's legal
			 representative requests termination of services;
5. The client is unwilling or unable to meet
			 the terms in the intervention plan;
6. The client's legal representative refuses
			 to provide information needed for the development of an intervention plan;
			 or
7. There is risk of harm to the
			 contractor or service provider
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 15 - Elder Abuse Prevention and Awareness › Rule 17-15.16 - Confidentiality and Disclosure

Current through Register Vol. 47, No. 3, July 24, 2024
Client identification numbers shall be used to maintain
				confidentiality. All case records shall be maintained by the department and the
				contractor as confidential records pursuant to Iowa Code section
				22.7 and shall not
				be disclosed except with the written consent of the client or the client's
				legal representative.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 15 - Elder Abuse Prevention and Awareness › Rule 17-15.17 - Legal Representatives

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A
			 legal representative shall provide appointment papers, a court order, or power
			 of attorney documentation within 72 hours of being contacted by a contractor
			 The legal representative's signature shall be obtained on the assessment before
			 the client receives services.
(2)
			 If there is suspicion of abuse, neglect, exploitation or self-neglect of an
			 older individual and the legal representative will not permit access to the
			 older individual, the contractor shall make oral and written reports to the
			 department of human services and local law enforcement pursuant to Iowa Code
			 section
			 235B.3.
			 The contractor shall also notify the judge in probate for the county in which
			 the guardianship or conservatorship was filed by certified letter within five
			 days of the denial of access. The notification shall detail concerns and
			 potential consequences of the guardian's or conservator's action or inaction
			 that appears not to be in the best interest of the older individual.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 15 - Elder Abuse Prevention and Awareness › Rule 17-15.18 - Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
Complaints by any aggrieved party shall be heard first by the
				contractor using the contractor's procedures and shall be exhausted before the
				department is contacted. Appeals made by any aggrieved party to the department
				shall follow the procedures set forth in
				17-2.9
				(231).
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 15 - Elder Abuse Prevention and Awareness › Rule 17-15.19 - Conflict of Interest

Current through Register Vol. 47, No. 3, July 24, 2024
Conflict of interest includes any action or failure to act that
				may be an actual or perceived conflict between official duties and personal
				interest. Conflict of interest exists when an elder abuse prevention initiative
				contractor or any entity or individual involved in that program:
1. Uses an official position for private gain
			 (other than salary);
2. Gives
			 preferential treatment to any contractor, entity, or individual or fails to act
			 impartially in the conduct of official duties;
3. Impedes or adversely affects governmental
			 efficiency or economy;
4. Engages
			 in conduct that could adversely affect the confidence of the public in the
			 integrity of the elder abuse prevention initiative;
5. Creates circumstances where it might
			 reasonably be perceived that a contractor's, an entity's, or an individual's
			 judgment could be influenced by the nature of the circumstances; or
6. Has a client that is related to the
			 contractor, entity, or individual within the third degree of
			 consanguinity.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 15 - Elder Abuse Prevention and Awareness › Rule 17-15.20 - Severability

Current through Register Vol. 47, No. 3, July 24, 2024
Should any rule, subrule, paragraph, phrase, sentence, or
				clause of this chapter be declared invalid or unconstitutional for any reason,
				the remainder of this chapter shall not be affected thereby.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 17 - Petition for Rule Making › Rule 17-17.1 - Petition for Rule Making

Current through Register Vol. 47, No. 3, July 24, 2024
In lieu of the words "designate office", insert "the Director,
				Department on Aging, Jessie Parker Building, 510 East 12th Street, Suite 2, Des
				Moines, Iowa 50319-9025".
In lieu of the words "AGENCY NAME", the heading on the petition
				should read: BEFORE THE DEPARTMENT ON AGING
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 17 - Petition for Rule Making › Rule 17-17.3 - Inquiries

Current through Register Vol. 47, No. 3, July 24, 2024
Inquiries concerning the status of a petition for rule making
				may be made to the Director, Iowa Department on Aging, Jessie Parker Building,
				510 East 12th Street, Suite 2, Des Moines, Iowa 50319-9025.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 18 - Declaratory Orders › Rule 17-18.2 - Notice of Petition

Current through Register Vol. 47, No. 3, July 24, 2024
Within 15 days after receipt of a petition for a declaratory
				order, the department on aging shall give notice of the petition to all persons
				not served by the petitioner pursuant to
				17-18.6
				(17A) to whom notice is required by any provision of law. The department on
				aging may also give notice to any other persons.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 18 - Declaratory Orders › Rule 17-18.3 - Intervention

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Persons who qualify under any applicable provision of law as an intervenor and
			 who file a petition for intervention within 20 days of the filing of a petition
			 for declaratory order (after time for notice under
			 17-18.2 (17A)
			 and before 30-day time for department action under
			 17-18.8 (17A)
			) shall be allowed to intervene in a proceeding for a declaratory
			 order.
(2) Any person who files a
			 petition for intervention at any time prior to the issuance of an order may be
			 allowed to intervene in a proceeding for a declaratory order at the discretion
			 of the department on aging.
(3) A
			 petition for intervention shall be filed at the department on aging. Such a
			 petition is deemed filed when it is received by that office. The department on
			 aging will provide the petitioner with a file-stamped copy of the petition for
			 intervention if the petitioner provides an extra copy for this purpose. A
			 petition for intervention must be typewritten or legibly handwritten in ink and
			 must substantially conform to the following form:
BEFORE THE DEPARTMENT ON AGING
Petition by (Name of Petitioner) for a Declaratory Order on
				(Cite provisions of law cited in original petition).
}
PETITION FOR INTERVENTION
The petition for intervention must provide the following
				information:
1. Facts supporting the
			 intervenor's standing and qualifications for intervention.
2. The answers urged by the intervenor to the
			 question or questions presented and a summary of the reasons urged in support
			 of those answers.
3. Reasons for
			 requesting intervention and disclosure of the intervenor's interest in the
			 outcome.
4. A statement indicating
			 whether the intervenor is currently a party to any proceeding involving the
			 questions at issue and whether, to the intervenor's knowledge, those questions
			 have been decided by, are pending determination by, or are under investigation
			 by, any governmental entity.
5. The
			 names and addresses of any additional persons, or a description of any
			 additional class of persons, known by the intervenor to be affected by, or
			 interested in, the questions presented.
6. Whether the intervenor consents to be
			 bound by the determination of the matters presented in the declaratory order
			 proceeding.
The petition must be dated and signed by the intervenor or the
				intervenor's representative. It must also include the name, mailing address,
				and telephone number of the intervenor and intervenor's representative, and a
				statement indicating the person to whom communications should be
				directed.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 18 - Declaratory Orders › Rule 17-18.4 - Briefs

Current through Register Vol. 47, No. 3, July 24, 2024
The petitioner or any intervenor may file a brief in support of
				the position urged. The department on aging may request a brief from the
				petitioner, any intervenor, or any other person concerning the questions
				raised.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 18 - Declaratory Orders › Rule 17-18.5 - Inquiries

Current through Register Vol. 47, No. 3, July 24, 2024
Inquiries concerning the status of a declaratory order
				proceeding may be made to the Director, Department on Aging, Jessie M. Parker
				Building, 510 East 12th Street, Des Moines, Iowa 50319-9025.