reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 6 - Fair Information Practices › Rule 801-6.6 - Procedure by Which Additions, Dissents, or Objections May Be Entered Into Certain Records

Current through Register Vol. 47, No. 3, July 24, 2024
In lieu of the words "(designate office)", insert "office of
				the Iowa commission of veterans affairs".
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 6 - Fair Information Practices › Rule 801-6.7 - Consent to Disclosure by the Subject of a Confidential Record

Current through Register Vol. 47, No. 3, July 24, 2024
To the extent permitted by any applicable provision of law, a
				person who is the subject of a confidential record may have a copy of the
				portion of that record concerning the subject disclosed to a third party. A
				request for such a disclosure must be in writing and must identify the
				particular record or records that may be disclosed, and the particular person
				or class of persons to whom the record may be disclosed and the time period
				during which the record may be disclosed. The person who is the subject of the
				record and, where applicable, the person to whom the record is to be disclosed,
				may be required to provide proof of identity.
No confidential information about clients of the agency shall
				be released without the client's consent, except as provided in rule
				6.10(17A,22). Release of information includes:
1. Granting access to or allowing the copying
			 of a record,
2. Providing
			 information either in writing or orally, or
3. Acknowledging information to be true or
			 false.
(1)
Forms.
a. General. Agency forms are to be used for
			 releases by the subject as noted below. However, information may be released
			 with authorization on a form from another source providing that such meets the
			 requirements of law.
b. Obtaining
			 information from a third party. The Iowa Veterans Home is required to obtain
			 information to establish eligibility, provide services and determine charges.
			 Requests to third parties for this information involve release of confidential
			 identifying information about clients. Consent to Release of Information, Form
			 475-0859, is used for releases by the subject.
c. Disclosure of information to a third
			 party. At the request of the subject, the Iowa Veterans Home releases
			 information to third parties. Form 475-0859, Consent to Release of Information,
			 or Form 475-0700, Release of Condition Information, is used, depending on the
			 nature of the authorization.
d.
			 Mental health and substance abuse information. Mental health or substance abuse
			 information can be released only by completion of the specific authorization
			 section of Form 475-0859 or a similar form from another source that meets the
			 requirements of law.
e. Photographs
			 or videotapes. Form 475-1073, Authorization to Take and Use
			 Photographs/Videotapes, is used for permission to use photographs or videotapes
			 for the purposes specified on the form.
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 6 - Fair Information Practices › Rule 801-6.8 - Notice to Suppliers of Information

Current through Register Vol. 47, No. 3, July 24, 2024
When the agency requests a person to supply information about
				that person, the agency shall notify the person of the use that will be made of
				the information, which persons outside the agency might routinely be provided
				this information, which parts of the requested information are required and
				which are optional, and the consequences of a failure to provide the
				information requested. This notice may be given in these rules, on the written
				form used to collect the information, on a separate fact sheet or letter, in
				brochures, in formal agreements, in contracts, in handbooks, in manuals,
				verbally, or by other appropriate means.
The notice shall generally be given at the first contact with
				the agency and need not be repeated at every following contact. Where
				appropriate, the notice may be given to a person's legal representative. Notice
				may be withheld in an emergency.
In general, the agency requests information to determine
				eligibility, to determine changes for services, to provide appropriate services
				or treatment, and to perform administrative functions. Information is routinely
				shared outside the agency when required by rules or law. Consequences of
				failure to provide information include ineligibility for services, denial of
				services, or provision of inadequate services.
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 6 - Fair Information Practices › Rule 801-6.9 - Release to Subject

Current through Register Vol. 47, No. 3, July 24, 2024
The agency shall release confidential records to the subject of
				the record, except as otherwise noted.
(1) The agency need not release the following
			 records to the subject:
a. Records need not be
			 disclosed to the subject when they are the work product of an attorney or are
			 otherwise privileged.
b. The
			 identity of a person providing information to the agency need not be disclosed
			 directly or indirectly to the subject of the information when the information
			 is authorized to be held confidential pursuant to Iowa Code section
			 22.7(18)
			  or other provision of law.
c. Peace officers' investigative reports may
			 be withheld from the subject, except as required by the Iowa Code. (See Iowa
			 Code section
			 22.7(5).)
d. The agency may withhold information as
			 otherwise authorized by law.
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 6 - Fair Information Practices › Rule 801-6.10 - Disclosure Without Consent of the Subject

Current through Register Vol. 47, No. 3, July 24, 2024
Open records are routinely disclosed without consent of the
				subject. To the extent allowed by law, disclosure of confidential records may
				occur without consent of the subject or the subject's legal representative. The
				custodian of the record shall determine what constitutes legitimate need to use
				confidential records.
(1)
Internal use.
Confidential information may be disclosed to
			 employees and agents of the agency as needed for the performance of their
			 duties. The custodian of the record shall determine what constitutes legitimate
			 need to use confidential records.
People affected by this rule include:
a. Field work or practicum students,
			 participants of work placement programs and volunteers working under the
			 direction of the agency.
b.
			 Commission members.
c. Consultants
			 to the agency.
d. Policy review and
			 advisory committees.
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 6 - Fair Information Practices › Rule 801-6.11 - Availability of Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
Agency records are open for public inspection and
			 copying unless otherwise provided by rule or law.
(2)
Confidential records.
The following records may be withheld from public inspection.
Records are listed by category, according to the legal basis
				for withholding them from public inspection.
a. Sealed bids received prior to the time set
			 for public opening of bids. (Iowa Code section
			 72.3
			)
b. Tax records made available to
			 the agency. (Iowa Code section
			 422.20
			)
c. Records which are exempt from
			 disclosure.
d. Minutes of closed
			 meetings of a government body.
e.
			 Identifying details in final orders, decisions, and opinions to the extent
			 required to prevent a clearly unwarranted invasion of personal privacy or trade
			 secrets.
f. Those portions of
			 agency staff manuals, instructions, or other statements issued which set forth
			 criteria or guidelines to be used by agency staff in auditing, in making
			 inspections, in settling commercial disputes or negotiating commercial
			 arrangements, or in the selection or handling of cases, such as operational
			 tactics or allowable tolerances or criteria for the defense, prosecution or
			 settlement of cases, when disclosure of these statements would:
(1) Enable law violators to avoid
			 detection;
(2) Facilitate disregard
			 of requirements imposed by law; or
(3) Give a clearly improper advantage to
			 persons who are in an adverse position to the agency.
g. Records which constitute attorney work
			 product, attorney-client communications, or which are otherwise privileged.
			 (Iowa Code section
			 622.10
			)
h. Hospital records, medical
			 records, and professional counselor records of the condition, diagnosis, care,
			 or treatment of clients or former clients of the commission.
i. Circulation records of the Iowa Veterans
			 Home library.
j. Any other records
			 made confidential by law.
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 6 - Fair Information Practices › Rule 801-6.13 - Other Groups of Records

Current through Register Vol. 47, No. 3, July 24, 2024
This rule describes groups of records maintained by the agency
				other than record systems defined in rule 6.1 (17A,22). These records are
				routinely available to the public. However, the agency's files of these records
				may contain confidential information, as discussed in rule 6.7(17A,22). In
				addition, the records may contain information about individuals.
(1) Rule making. Rule-making records may
			 contain information about individuals making written or oral comments or
			 proposed rules. This information is collected pursuant to Iowa Code section
			 17A.4.
			 This information is not stored in an automated data processing
			 system.
(2) Iowa commission of
			 veterans affairs meeting records. Agendas, minutes, and materials deliberated
			 by the commission are available from the executive director. Commission records
			 contain information about people who participate in meetings. This information
			 is collected pursuant to Iowa Code section
			 21.3.
			 This information is not retrieved by personal identifier nor stored on an
			 automated data processing system.
(3) Publications. News releases, literature,
			 and reports regarding the Iowa commission of veterans affairs, newsletters from
			 various veterans associations or from the federal government are available from
			 the executive director. News releases, literature, reports regarding the Iowa
			 Veterans Home are available from the commandant. Agency news releases, project
			 reports, and newsletters may contain information about individuals, including
			 agency staff or members of agency committees. This information is not retrieved
			 by individual identifier and is not currently stored on an automated data
			 processing system.
(4) All other
			 records that are not exempted from disclosure by law.
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 6 - Fair Information Practices › Rule 801-6.15 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter does not:
1. Require the agency to index or retrieve
			 records which contain information about the individuals by that person's name
			 or other personal identifier.
2.
			 Make available to the general public records which would otherwise not be
			 available under the public records law, Iowa Code chapter 22.
3. Govern the maintenance or disclosure of,
			 notification of or access to, records in possession of the agency which are
			 governed by regulations of another agency.
4. Apply to grantees, including local
			 governments or subdivisions thereof, administering state-funded programs,
			 unless otherwise provided by law or agreement.
5. Make available records compiled by the
			 agency in reasonable anticipation of court litigation or formal administrative
			 proceedings. The availability of such records to the general public or to any
			 subject individual or party to such litigation or proceedings shall be governed
			 by applicable legal and constitutional principles, statutes, rules of
			 discovery, evidentiary privileges and applicable regulations of the
			 agency.
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 7 - County Commissions of Veteran Affairs Fund and Training Program › Rule 801-7.3 - Report to the General Assembly

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Report.
The department shall annually within 60 days of the
			 end of the fiscal year report to the general assembly on the following matters:
a. Information related to compliance with the
			 requirements found in Iowa Code section
			 35B.6
			 as amended by 2008 Iowa Acts, chapter 1130, and 2009 Iowa Acts, House File 283,
			 and Iowa Code section
			 35B.12 during the
			 previous fiscal year.
b. The weekly
			 operating schedule of each county commission of veteran affairs office
			 maintained pursuant to Iowa Code section
			 35B.6
			 as amended by 2008 Iowa Acts, chapter 1130, and 2009 Iowa Acts, House File
			 283.
c. The number of hours of
			 veterans' services provided by the executive director or the administrator of
			 each county commission of veteran affairs during the previous fiscal
			 year.
d. Population of each county,
			 including the number of veterans residing in each county.
e. The total amount of compensation,
			 disability benefits, or pensions received by the residents of each county under
			 laws administered by the United States Department of Veterans
			 Affairs.
f. An analysis of the
			 information contained in paragraphs
"a "
through
"e
			 "
of this subrule.
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 8 - Contested Cases › Rule 801-8.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Aggrieved party "
means any agency,
				organization or individual who alleges their rights have been denied by action
				of the commission.
"Chairperson "
means chairperson of the
				commission.
"Commission"
means Iowa commission of veterans
				affairs.
"Proposed decision "
means the recommended
				findings of fact, conclusions of law, decision and order in a contested case in
				which the commission did not preside.
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 8 - Contested Cases › Rule 801-8.3 - Complaint Procedure

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Complaints relating to the Iowa Veterans Home. Applicants or members of the
			 Iowa Veterans Home must first exhaust the appeal process set out in rules
			 10.45(35A,35D) and 10.46(35A,35D), respectively.
(2) Content of complaints. Complaints to the
			 commission should state the name and address of the aggrieved party, identify
			 the specific agency action which is disputed, the issues in dispute, and
			 request a hearing, if applicable.
(3) The chairperson shall review the appeal
			 to determine if the issue is within the commission's scope.
(4) Within 15 calendar days of receipt of a
			 request for hearing, the chairperson shall transfer the request to the
			 department of inspections and appeals pursuant to rules
			 481-10.3
			 (10A) and 10.4(10A) and shall notify the aggrieved party of this transmittal.
			 The department of inspections and appeals shall provide the hearing in
			 accordance with rules promulgated by that department at 481-Chapter
			 10.
(5) Appeals.
a. Parties have 30 calendar days from the
			 mailing date of the decision by the department of inspections and appeals to
			 appeal the decision to the commission. If no appeal is filed, the hearing
			 decision becomes final 30 days from the date of decision.
b. Appeals to the commission shall be filed
			 with the chairperson at the location identified in 801-subrule
			 1.2(1).
c. On appeal, the
			 commission shall permit each party to file exceptions, present briefs and, with
			 the consent of the commission, present oral arguments to the commission. The
			 commission shall establish a deadline for submission of the written exceptions,
			 briefs, and requests for continuances and shall notify the parties of the
			 deadline.
d. The commission has the
			 authority to fully and fairly develop the record and may inquire into the
			 matters at issue and shall receive in evidence the testimony of witnesses and
			 any documents which are relevant and material.
e. The commission shall base its decision on
			 the evidence contained in the record made before the department of inspections
			 and appeals and may permit the parties to submit new evidence at its discretion
			 upon a showing of why the new evidence was not reasonably available at the
			 original hearing.
f.Request for
			 continuance shall be made in writing and the reasons for the request shall be
			 stated. The request shall be filed with the commission at the address given in
			 801-subrule 1.2(1).
g. The
			 commission's decision on appeal is effective immediately unless otherwise
			 specified in the decision.
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 9 - War Orphans Educational Assistance Fund › Rule 801-9.1 - War Orphans Educational Assistance Fund

Current through Register Vol. 47, No. 3, July 24, 2024
The war orphans educational assistance fund shall be
				administered in accordance with Iowa Code sections 35.9 and 35.10. The amount
				of educational assistance allowed eligible war orphans is based upon an
				appropriation made by the Iowa general assembly on an annual
				basis.
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 9 - War Orphans Educational Assistance Fund › Rule 801-9.2 - Program for Children of Veterans Who Died Before September 11, 2001

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Definition.
For the purposes of this rule, a war orphan is:
a. The child of a man or woman who died in
			 service or as a result of such service before September 11, 2001, during one of
			 the following periods:
(1) World War I
			 between April 6, 1917, and June 2, 1921, inclusive.
(2) World War II between September 16, 1940,
			 and December 31, 1946, inclusive.
(3) The Korean Conflict between June 25,
			 1950, and January 31, 1955, inclusive.
(4) The Vietnam Conflict between August 5,
			 1964, and May 7, 1975, inclusive.
(5) The Persian Gulf Conflict between August
			 2, 1990, and the date the President or the Congress of the United States
			 declares a permanent cessation of hostilities, inclusive.
(6) While serving in the military or naval
			 forces of the United States, to include members of the reserve components
			 performing service or duties required or authorized under Chapter 39, United
			 States Code, and Title 32, United States Code, Sections 502 through
			 505.
(7) Active state service
			 required or authorized under Iowa Code chapter 29A, or as a result of such
			 service.
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 9 - War Orphans Educational Assistance Fund › Rule 801-9.3 - Program for Children of Veterans Who Died on or After September 11, 2001

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Definition.
For the purposes of this rule, a war orphan is:
a. A child who has not reached the age of 31
			 and who is the child of a man or woman who died in service or as a result of
			 such service on or after September 11, 2001, as follows:
(1) While serving in the military or naval
			 forces of the United States, to include members of the reserve components
			 performing service or duties required or authorized under Chapter 39, United
			 States Code, and Title 32, United States Code, Sections 502 through
			 505.
(2) Active state service
			 required or authorized under Iowa Code chapter 29A, or as a result of such
			 service.
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 9 - War Orphans Educational Assistance Fund › Rule 801-9.4 - General Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Method of payment.
a. The
			 department shall make payment directly to the school by quarters, semesters, or
			 periods, however the school operates.
b. No payments shall be made directly to the
			 war orphan.
c. Full-time students
			 are honored for higher payments over part-time students. Payments shall be
			 prorated by the department on behalf of a war orphan on the basis of time spent
			 in school.
d. The school shall
			 submit triplicate billing to the executive director thereby certifying that the
			 war orphan is in attendance and the number of hours of attendance.
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 9 - War Orphans Educational Assistance Fund › Rule 801-9.5 - Application Process

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Application.
Upon request, war orphans educational assistance
			 applications may be obtained from the executive director at the address as set
			 out in 801-subrule 1.3(1).
a. The war orphan
			 shall complete the application in ink, by typewriter, or by computer, and the
			 application shall be returned to the executive director.
b. A copy of the war orphan's birth
			 certificate and proof of death of the veteran parent shall be included with the
			 completed application. Proof of death of the veteran parent while in service
			 may be a telegram, letter, or certified verification from the U.S. Department
			 of Defense. Proof of death after service is a copy of a death certificate.
			 Proof that the deceased veteran parent resided in this state for six months
			 immediately before entering active military service shall also be included with
			 the application. This may include, but is not limited to, a record of a
			 property tax payment, mortgage payment, or rent payment or a rental
			 contract.
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 10 - Iowa Veterans Home › Rule 801-10.2 - Eligibility Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
Veterans, spouses of veterans, and Gold Star parents shall be
				eligible for admission to IVH in accordance with the following:
(1) Veterans shall be eligible for admittance
			 to IVH in accordance with the following conditions:
a. The individual is disabled by reason of
			 disease, injury or old age and meets the qualifications for nursing or
			 residential level of care available at IVH.
b. The individual cannot be competitively
			 employed on the day of admission or throughout the individual's
			 residency.
c. The individual shall
			 have met the residency requirements of the state of Iowa on the date of
			 admission to IVH.
d. An individual
			 who has been diagnosed by a qualified health care professional as acutely
			 mentally ill, as an acute alcoholic, as addicted to drugs, as continuously
			 disruptive, or as dangerous to self or others shall not be admitted to or
			 retained at IVH.
e. The individual
			 must be eligible for care and treatment at a DVA medical center (excluding
			 financial eligibility).
f.
			 Individuals admitted to the domiciliary level of care must meet DVA criteria
			 stated in Department of Veterans Affairs, State Home Per Diem Program, Veterans
			 Health Administration Directive 1610SH.01(1).
g. Homelessness does not disqualify persons
			 otherwise eligible for admission to IVH.
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 10 - Iowa Veterans Home › Rule 801-10.3 - Application

Current through Register Vol. 47, No. 3, July 24, 2024
All applicants shall apply for admission to IVH in accordance
				with the following subrules:
(1) All
			 applicants shall make application to IVH through the county commission of
			 veterans affairs in the applicant's county of residence.
(2) Application shall be made on the "Veteran
			 Application for Admission to the Iowa Veterans Home," Form 475-0409, the
			 "Spouse's Application for Admission to the Iowa Veterans Home," Form 475-0410,
			 or the "Gold Star Parent Application for Admission to the Iowa Veterans Home,"
			 Form 475-2044. Separate applications shall be required for an eligible veteran
			 and the spouse of the veteran when both veteran and spouse are applying for
			 admission. The applications may be obtained at:
a. The county commission of veterans affairs'
			 office.
b. DVA medical centers
			 located in or serving veterans in the state of Iowa.
c. IVH.
d. Website:
ivh.iowa.gov
.
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 10 - Iowa Veterans Home › Rule 801-10.4 - Application Processing

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Applications received by the admissions office shall be reviewed for
			 completeness. The county commission of veterans affairs shall be required to
			 submit additional information if needed.
(2) The admissions committee shall assign the
			 level of care required by the applicant. If a special care unit or treatment is
			 required, this shall be designated. If there is a question regarding the level
			 of care for which the applicant qualifies, the applicant shall be scheduled for
			 either a preadmission visit with appropriate staff or a site visit in order to
			 make a determination of appropriate level of care.
(3) Regardless of whether or not the
			 applicant can be immediately admitted, the applicant shall be notified by the
			 admissions coordinator of the applicant's designated level of care. An
			 applicant who does not wish to be admitted to the designated level of care may
			 submit evidence to show that another level of care may be more appropriate.
			 However, once the admissions committee makes a final determination, the
			 applicant who does not wish to be admitted under the designated level of care
			 may withdraw the application or have the application denied.
(4) When space is not immediately available
			 in the level of care assigned or on the appropriate special care unit, the
			 applicant's name shall be placed on the appropriate waiting list for that level
			 of care or special care unit in the order of the date the application was
			 received.
(5) When space is
			 available at time of application, or when space becomes available in accordance
			 with the designated waiting list, the applicant shall be scheduled for
			 admittance to IVH as follows:
a. An applicant
			 whose physical examination or personal functional assessment, or both if
			 applicable, was completed more than three months prior to the scheduled date of
			 admittance may be required to obtain another physical examination by a medical
			 provider or complete a current personal functional assessment, or both if
			 applicable. This information shall be reviewed to determine that the applicant
			 is capable of functioning at the previously determined level of care.
b. An applicant who requires a different
			 level of care than previously determined shall be admitted to the level of care
			 required if a bed is available or shall have the applicant's name placed on the
			 waiting list for the appropriate level of care in accordance with the date the
			 original application was received.
c. Prior to an applicant's admission to a
			 nursing care unit, the PASRR shall be received.
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 10 - Iowa Veterans Home › Rule 801-10.5 - Applicant's Responsibilities

Current through Register Vol. 47, No. 3, July 24, 2024
Prior to admission to IVH, the applicant or a person acting on
				the applicant's behalf shall:
(1)
			 Report any change in the applicant's condition that could affect the previously
			 determined level of care.
(2)
			 Report changes in mailing address, county or state of residency.
(3) Provide additional information,
			 verification or authorization for verification concerning the applicant's
			 circumstances, condition of health, and resources if required.
(4) Participate in a preadmission evaluation
			 for level of care if required.
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 10 - Iowa Veterans Home › Rule 801-10.6 - Admission to Ivh

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The applicant
			 shall be notified by the admissions coordinator to appear for admission to
			 IVH.
(2) Upon arrival at IVH, the
			 applicant or legal representative shall meet with the admissions staff for an
			 admission interview.
(3) During the
			 interview, the following items will be reviewed and signed by the applicant or
			 legal representative:
a. Permission for
			 Treatment, Form 475-0814.
b. The
			 "Contractual Agreement," Form 475-1833.
c. The applicant's resources.
d. The member support, billing process and
			 banking services.
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 10 - Iowa Veterans Home › Rule 801-10.11 - Member Rights

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Member rights shall be in accordance with those listed in 481-Chapter 57 for
			 members residing in the residential care facility level of care, those listed
			 in 481-Chapter 58 for members residing in the nursing facility level of care,
			 and those noted in Department of Veterans Affairs, State Veterans Homes,
			 Veterans Health Administration, pertaining to residents of state veterans
			 homes.
(2) A member has the right
			 to share a room with the member's spouse when both members consent to the
			 arrangement.
(3) If a member is
			 incompetent and not restored to legal capacity, or if the medical provider
			 determines that a member is incapable of understanding and exercising these
			 rights, the rights devolve to the member's legal representative.
(4) In some cases, a member may be determined
			 to be in need of an agent by the DVA, the Social Security Administration or a
			 similar funding source. In these cases, the commandant or designee may serve as
			 agent subject to Iowa Code section
			 135C.24.
			 All rights and responsibilities regarding the financial awards shall devolve to
			 the commandant or designee.
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 10 - Iowa Veterans Home › Rule 801-10.14 - Computation of Member Support

Current through Register Vol. 47, No. 3, July 24, 2024
As a condition of admittance to and residency in IVH, each
				member is required to contribute toward the cost of that member's care based on
				that member's resources and ability to pay.
(1) A monthly member support bill shall be
			 sent to the member or legal representative charging the member for care in the
			 previous month with any necessary adjustment for prior months. A member shall
			 be required to pay member support charges from the member's liquid assets and
			 long-term care insurance benefits and from the member's income. The monthly
			 member support charge shall be the billable days, as set out in subrule
			 10.14(3), multiplied by the appropriate per diem from rule
			 801-10.15 (35D). This amount
			 shall be reduced by any offsets as set out in subrules 10.15(2) and 10.15(3).
			 The member or legal representative shall pay an amount not to exceed the amount
			 calculated based on the resources available for the cost of care as set out in
			 this chapter.
(2) Title XIX
			 residents. If a member is certified as eligible and participating in the Title
			 XIX program, the amount of payment shall be determined by the department of
			 human services income maintenance worker.
(3) Billable days (non-Title XIX). Billable
			 days for members not participating in the Title XIX program shall be counted as
			 follows:
a. All days in the month for which
			 the member received care (in-house).
b. All leave days in excess of the 12 free
			 days up through the fifty-ninth leave day. Any leave days in excess of 59 days
			 shall be considered billable, and the member must pay the full support rate,
			 not the amount determined by resources.
c. The first ten days of each
			 hospitalization. After ten days, IVH assumes the authority to discharge the
			 resident but reserves the right to negotiate an extension to the bed hold, if
			 warranted, in the best interest of the resident and family, at the discretion
			 of the commandant or designee. A hospital stay may occur more than once in a
			 calendar year.
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 10 - Iowa Veterans Home › Rule 801-10.15 - Per Diems

Current through Register Vol. 47, No. 3, July 24, 2024
(1) For
			 members not participating in the Title XIX program, the per diem by which the
			 billable days shall be multiplied shall be established as follows:
a.
Nursing level of care.
(1) The charge for care is the per diem rate
			 calculated in January and July of each year for the preceding six-month period
			 and is submitted by IVH to the Iowa Medicaid enterprise of the department of
			 human services.
(2) The updated per
			 diem rate shall be effective semiannually on March 1 and September 1 of each
			 year.
(3) Members or financial
			 legal representatives shall be sent a notice one month in advance of the rate
			 change.
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 10 - Iowa Veterans Home › Rule 801-10.16 - Assets

Current through Register Vol. 47, No. 3, July 24, 2024
The following rules specify the treatment of assets, as defined
				in rule 801-10.1 (35D), in the payment
				of member support as described in rule
				801-10.14 (35D). Only liquid
				assets shall be considered in the payment of member support.
(1) For members who have applied for and are
			 eligible to receive Title XIX medical assistance, rule 441-75.5(249A) shall
			 apply. Financial eligibility for Title XIX shall be determined by the
			 department of human services income maintenance worker.
(2) For members not eligible for Title XIX
			 medical assistance, the following rules apply:
a.
Assets considered.
The
			 assets considered shall include all assets owned by the member, or if married,
			 both the member and the spouse living in the community, except for the
			 following:
(1) The homestead is exempt as
			 follows: The exempt homestead is defined as the house, used as a home, and may
			 contain one or more contiguous lots or tracts of land, including buildings and
			 appurtenances. Contiguous means that portions of the homestead cannot be
			 separated from the home by intervening property owned by others. However, the
			 homestead is considered contiguous if portions of it are separated from the
			 home only because of roads or other public rights-of-way. Property that is not
			 exempt as part of the homestead shall be treated in accordance with the rules
			 of this chapter.
The homestead, as defined, can retain its exempt status for a
				period of time not to exceed 36 months, while the member, spouse and dependents
				are temporarily absent, provided the following conditions are met:
1. There is a specific purpose for the
			 absence.
2. The member, spouse or
			 dependents intend to return to the homestead when the reason for the absence
			 has been accomplished.
3. The
			 member, spouse or dependents can reasonably be expected to return to the home
			 during the 36-month time limitation.
4. If a person is an applicant at the time
			 the homestead becomes vacant due to the absence of the applicant, spouse or
			 dependents, the first month of the 36-month period is the month of admission to
			 IVH.
5. If a person is a member
			 when the homestead becomes vacant due to the absence of the member, spouse or
			 dependents, the first month of the 36-month period is the month following the
			 month in which the homestead is vacated.
6. Any homestead that does not qualify for
			 this exemption or any homestead that is vacant for a period of time exceeding
			 the 36-month limit shall be treated in accordance with subrule
			 10.16(3).
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 10 - Iowa Veterans Home › Rule 801-10.17 - Divestment of Assets

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Intentional
			 divestment of assets" means:
a. To knowingly
			 sell, give or transfer by member or legal representative for less than fair
			 market value, any asset, the value of which would affect member support;
			 or
b. To knowingly and voluntarily
			 place an asset, the value of which would affect member support, under a trust
			 or other legal instrument that ends or limits the availability of that
			 asset.
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 10 - Iowa Veterans Home › Rule 801-10.18 - Commencement of Civil Action

Current through Register Vol. 47, No. 3, July 24, 2024
The commandant or designee may file a civil action for money
				judgment against a member or discharged member or the member's legal
				representative for support charges when the member or discharged member fails
				to pay member support in accordance with 801-Chapter 10.
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 10 - Iowa Veterans Home › Rule 801-10.19 - Income

Current through Register Vol. 47, No. 3, July 24, 2024
This rule describes the treatment of income, as defined at rule
				801-10.1
				(35D), in the computation of member support as described at rule
				801-10.14
				(35D).
(1) For members who are
			 eligible for Title XIX medical assistance, rule
			 441-75.5
			 (249A) shall apply. For those members participating in the Title XIX medical
			 assistance program, the difference between the $140 personal needs allowance
			 and the Title XIX personal needs allowance shall be returned to the member out
			 of individual member participation.
(2) For members who are not eligible for
			 Title XIX, the following shall apply:
a. The
			 following types of income are exempt in the computation of member support:
(1) The earned income of the spouse or
			 dependents.
(2) Unearned income
			 restricted to the needs of the spouse or dependents (social security, DVA,
			 etc.).
(3) Any other income that
			 can be specifically identified as accruing to the spouse or
			 dependents.
(4) Nonrecurring gifts,
			 contributions or winnings, not to exceed $60 in a calendar quarter.
(5) Interest income of less than $20 per
			 month from any one source.
(6)
			 State bonus for military services.
(7) Any earnings received by a member for
			 that member's participation in money-raising activities administered by
			 veterans' organizations or auxiliaries (i.e., poppies).
(8) Any money received by a member from the
			 sale of items resulting from a therapeutic activity (i.e., items sold in the
			 IVH gift shop).
(9) The first $150
			 received by a member in a month for participation in the incentive therapy or
			 other programs as described in rule
			 801-10.30
			 (35D), for members in the domiciliary level of care. For members in the nursing
			 level of care, the first $75 shall be exempted.
(10) Personal loans.
(11) In-kind contributions to the
			 member.
(12) Title XIX
			 payments.
(13) Yearly DVA
			 compensation clothing allowance for those who qualify.
(14) Other income as specifically exempted by
			 statute.
(15) Any income similar in
			 its origin to the assets excluded in subparagraphs
			 10.16(2)
"a"
(6) and (7).
(16) Income from employment as outlined in
			 the IVH discharge planning policy (IVH policy #265).
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 10 - Iowa Veterans Home › Rule 801-10.20 - Other Income

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 When a member receives regular monthly payments of unearned income, it shall be
			 included in the resources available for the payment of member
			 support.
(2) When a member receives
			 periodic recurring income which is received less frequently than monthly, this
			 countable income, after the deduction of any allowable income-producing
			 expenses, shall be considered in the month received.
(3) When a member receives a nonrecurring
			 retroactive payment from a specific entitlement source for a prior period of
			 time, it shall be considered as income in the month received. The aid and
			 attendance amount of the DVA pension shall be computed as a manual adjustment
			 (available to member due to IVH nursing care).
(4) Income from a particular source is
			 considered terminated as of the date the member receives the last income
			 payment from that source or the date that a sole or partnership enterprise
			 ends, whichever is later.
(5) When
			 income from a particular source decreases in a calendar month, the decrease in
			 income shall be considered in the computation of that month's member support.
			 Income from a particular source is considered to be decreased as of the date
			 the member receives the first income payment in the decreased amount.
(6) When income from a particular source
			 increases in a month, the increase in income shall be considered in the
			 computation of that month's member support. Income from a particular source is
			 considered to be increased as of the date the member receives the first income
			 payment in the increased amount.
(7) Recurring lump-sum payments shall be
			 treated as income in the month received.
(8) Nonrecurring lump-sum payments earned
			 prior to admission, regardless of when received, shall not be counted as income
			 but may be considered as an available liquid asset.
(9) Any income as defined in rule
			 801-10.20 (35D) that
			 exceeds the member support billing for that month shall thereafter be
			 considered a liquid asset available under rule
			 801-10.16 (35D).
(10) Employment is only allowed as identified
			 in the IVH discharge planning policy (IVH policy #265).
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 10 - Iowa Veterans Home › Rule 801-10.21 - Fraud

Current through Register Vol. 47, No. 3, July 24, 2024
Applicants, members or legal representatives who knowingly
				conceal the existence of resources may be subject to the billing of full member
				support, discharge for failure to pay for member's care or denial of admission.
				Further, members who knowingly conceal liquid assets or income which would have
				affected member support shall be charged for the amount not previously billed
				due to the fraudulent act. If upon admission it is determined that medical or
				other pertinent information provided during the application process was
				fraudulent, notice of discharge may be issued. In addition, any applicant,
				member or legal representative suspected of fraud may be referred to the
				department of inspections and appeals, division of investigations, for possible
				criminal or civil action. The attorney general's office shall conduct the
				investigation.
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 10 - Iowa Veterans Home › Rule 801-10.22 - Overcharges

Current through Register Vol. 47, No. 3, July 24, 2024
When it is discovered that a member was charged for support in
				excess of the amount actually due, the member shall receive a refund or credit
				to the member's account. If the member is discharged or deceased, a refund
				shall be conveyed to the member or legal representative.
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 10 - Iowa Veterans Home › Rule 801-10.23 - Penalty

Current through Register Vol. 47, No. 3, July 24, 2024
(1) All members who
			 have resources in excess of the full support rate shall be charged the full
			 support rate. If any member does not apply for all benefits due (such as, but
			 not limited to, Title XIX, DVA pension, DVA compensation, social security, or
			 any combination), fails to report resources accurately in order to not pay full
			 support, or refuses to accept the available billing programs offered at IVH,
			 that member shall be charged up to full support rate as if these
			 responsibilities had been followed. Failure to comply with these rules may
			 result in discharge from IVH.
(2)
			 If a member is required to pay full member support under these rules, the
			 monthly charge shall be calculated as the per diem in paragraph
			 10.15(1)
"a"
or 10.15(1)
"b"
times the billable
			 days less any offsets. The only exception to this monthly charge will be the
			 additional amount of aid and attendance in the DVA retroactive payment for the
			 time period of nursing care at IVH. This amount, in total, shall be due
			 regardless of resources available. If a member is required to pay member
			 support based on additional resources, these figures shall be obtained from the
			 appropriate agencies.
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 10 - Iowa Veterans Home › Rule 801-10.30 - Incentive Therapy and Nonprofit Rehabilitative Programs

Current through Register Vol. 47, No. 3, July 24, 2024
Members may be offered the opportunity to perform services for
				IVH through the incentive therapy program as part of their plan of care.
				Participating members shall be compensated at the state's minimum wage for
				their involvement in the incentive therapy program. If members enrolled in
				nonprofit rehabilitative programs receive an income from such programs, that
				income shall be treated in the same manner as the incentive therapy program or
				IVH policy.
This rule is intended to implement Iowa Code section
				35D.7(3).
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 10 - Iowa Veterans Home › Rule 801-10.37 - Mail

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Each member or legal representative shall
			 be afforded a choice in the methods of handling the member's business mail and
			 in meeting the member's responsibilities for reporting resources for the
			 purpose of computation of member support. A member found to have inadequate
			 financial decision making shall have that member's business mail handled in a
			 manner as to respect that member's dignity and still meet the needs of IVH for
			 complete information regarding resources.
(2) Each member or legal representative shall
			 be allowed to handle that member's business mail to the degree of
			 responsibility chosen by the member or legal representative. A member may:
a. Elect to receive all business mail
			 personally and provide the resident finance office with financial
			 documentation, or
b. Designate that
			 the member shall receive personal mail items, but business mail received at IVH
			 from entitlement sources or concerning assets shall be routed to the resident
			 finance office, cashier's office or purchasing office, whichever is
			 appropriate.