reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 179 - Collection of Delinquent Debts › Rule 641-179.4 - Notification of Offset

Current through Register Vol. 47, No. 3, July 24, 2024
Within 10 calendar days of receiving notification from the
				department of administrative services that the debtor is entitled to a payment,
				the department shall:
(1) Send a
			 preoffset notice to the debtor. The preoffset notice shall inform the debtor of
			 the amount the department intends to claim and shall include all of the
			 following information:
a. The department's
			 right to the payment in question.
b. The department's right to recover the
			 payment through the offset procedure.
c. The basis of the department's case in
			 regard to the debt.
d. The right of
			 the debtor to request, in accordance with rule 641-179.5 (8A) and within 15
			 days of the mailing of the preoffset notice, a split of the payment between
			 parties when the payment in question is jointly owned or otherwise owned by two
			 or more persons.
e. The debtor's
			 right to appeal the offset, in accordance with rule 641-179.6 (8A) and within
			 15 days of the mailing of the preoffset notice, and the procedure to follow in
			 that appeal.
f. The department's
			 contact information, including a telephone number, for the debtor to contact in
			 case of questions.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 179 - Collection of Delinquent Debts › Rule 641-179.5 - Request to Divide a Jointly or Commonly Owned Right to Payment

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A debtor who
			 receives a preoffset notice may request release of a joint or common owner's
			 share if the request is received by the department within 15 days of the date
			 the preoffset notice is mailed.
(2) In conjunction with such a request, the debtor shall provide
			 to the department the full name and social security number of any joint or
			 common owner.
(3) Upon receipt of
			 such a request, the department shall notify the department of administrative
			 services of the request.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 179 - Collection of Delinquent Debts › Rule 641-179.6 - Appeal Process

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A
			 debtor who receives a preoffset notice may request an appeal of the existence
			 or amount of the underlying debt if such request is made within 15 days of the
			 date the preoffset notice is mailed.
(2) Request for appeal must be submitted in
			 writing to the Iowa Department of Public Health, Bureau of Finance, Attn:
			 Offset Appeals, 321 E. 12th Street, Des Moines, Iowa 50319-0075.
(3) If a request for appeal is timely made,
			 the department shall issue a notice of hearing to the debtor and provide a copy
			 of the notice of hearing to the assistant attorney general for the
			 department.
(4) The appeal shall be
			 conducted as a contested case proceeding pursuant to 641-Chapter 173.
(5) If a request for appeal is timely made,
			 the department shall notify the department of administrative services within 45
			 days of the notification of offset. The department shall hold a payment in
			 abeyance until the final disposition of the contested liability or
			 offset.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 179 - Collection of Delinquent Debts › Rule 641-179.7 - Notice of Offset

Current through Register Vol. 47, No. 3, July 24, 2024
Once any offset has been completed, the department shall notify
				the debtor of the action taken, and of what balance, if any, still remains
				owing to the department.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 191 - Advisory Bodies of the Department › Rule 641-191.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
For the purpose of these rules, the following definitions shall
				apply:
"Advisory body"
means a council, committee, or
				task force whose members have been appointed by the governor, the director or
				the director's designee to provide advice or technical assistance to the
				department in an identified area of public health. An advisory body has no
				substantive authority to affect individual rights, duties or
				responsibilities.
"Chairperson"
means the chair of the advisory
				body who has been elected by the majority of the advisory body's
				members.
"Department"
means the Iowa department of
				public health.
"Designee "
means the individual designated by
				the director.
"Director "
means the director of public
				health.
"Governor "
means the governor of
				Iowa.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 191 - Advisory Bodies of the Department › Rule 641-191.2 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
The department may from time to time establish an advisory body
				for the provision of advice or technical assistance in an identified area of
				public health. These rules are applicable only to an advisory body established
				for a period to exceed one year or more. These rules do not apply to an
				advisory body governed by other administrative rule or
				statute.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 191 - Advisory Bodies of the Department › Rule 641-191.3 - Appointment

Current through Register Vol. 47, No. 3, July 24, 2024
Members of the advisory body shall be appointed by the
				governor, director, or designee. The appointments, unless provided otherwise by
				law, shall be for three-year staggered terms which shall expire on June
				30.
(1) Vacancies shall be filled in
			 the same manner in which the original appointments were made for the balance of
			 the unexpired term.
(2) Absences.
			 Three consecutive unexcused absences shall be grounds for the director to
			 consider dismissal of the advisory body member and to appoint another. The
			 chairperson of the advisory body is charged with providing notification of
			 absences to the department.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 191 - Advisory Bodies of the Department › Rule 641-191.4 - Officers

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Officers of the
			 advisory body shall be a chairperson and a vice chairperson and shall be
			 elected at the first meeting of each fiscal year unless designated at the time
			 of appointment.
a. Vacancies in the office of
			 chairperson shall be filled by elevation of the vice chairperson.
b. Vacancies in the office of vice
			 chairperson shall be filled by election at the next meeting after the vacancy
			 occurs.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 191 - Advisory Bodies of the Department › Rule 641-191.5 - Meetings

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The advisory
			 body shall establish a meeting schedule on an annual basis to conduct its
			 business.
a. Meetings may be scheduled as
			 business requires, but notice to members must be at least five working days
			 prior to the meeting date.
b. A
			 four-week notice is encouraged to accommodate the schedules of professional
			 members.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 191 - Advisory Bodies of the Department › Rule 641-191.7 - Expenses of Advisory Body Members

Current through Register Vol. 47, No. 3, July 24, 2024
The following may be considered necessary expenses for
				reimbursement of advisory body members when incurred on behalf of advisory body
				business and are subject to established state reimbursement rates:
1. Reimbursement for travel in a private
			 car.
2. Actual lodging and meal
			 expenses including sales tax on lodging and meals.
3. Actual expense of public
			 transportation.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 192 - Child Support Noncompliance › Rule 641-192.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
For the purpose of this chapter, the following definitions
				shall apply:
"Applicant"
means an individual who is seeking
				the issuance of a license.
"Certificate of noncompliance "
means a
				document provided by the child support recovery unit of the department of human
				services certifying that the named applicant or licensee has defaulted on an
				obligation owed to or collected by the child support recovery unit.
"Department"
means the department of public
				health.
"License"
means a license, certification,
				registration, permit, approval, renewal, or other similar authorization issued
				to a person by a licensing authority which evidences the granting of authority
				to engage in a profession, occupation, or business.
"Licensing authority"
means a board,
				commission, or any other entity of the department which has authority within
				this state to suspend or revoke a license or deny the renewal or issuance of a
				license authorizing a person to engage in a business, occupation, or
				profession.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 192 - Child Support Noncompliance › Rule 641-192.4 - Sharing of Information

Current through Register Vol. 47, No. 3, July 24, 2024
Notwithstanding any statutory confidentiality provision, the
				licensing authority may share information with the child support recovery unit
				of the department of human services through manual or automated means for the
				sole purpose of identifying applicants or licensees subject to enforcement
				under Iowa Code chapter 252J or Iowa Code chapter 598.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 193 - Model Rules for Licensee Review Committee › Rule 641-193.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
For the purpose of these rules, the following definitions
				apply:
"Committee"
means the licensee review
				committee established by a licensing board pursuant to the authority of Iowa
				Code section 272C.3(1)
"k."
"Contract"
means the written document
				establishing the terms for participation in the program.
"Impairment"
means a condition identified in
				Iowa Code section 272C.3(1)
"k"
that renders or, if left untreated, is reasonably likely
				to render a licensee unable to practice the licensee's profession with
				reasonable skill and safety.
"Initial agreement"
means the written document
				establishing the initial terms for participation in the program.
"Licensing board"
or
"board"
means the same as defined in Iowa Code section
				272C.1(6).
"Licensee"
means a person licensed by a
				licensing board.
"Self-report"
means written notification
				provided by the licensee to the program that the licensee has had, has, or may
				have an impairment. A self-report can be made even if the applicable licensing
				board has received a complaint or a third party has alleged the
				same.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 193 - Model Rules for Licensee Review Committee › Rule 641-193.2 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
The committee assists and monitors the recovery or
				rehabilitation of practitioners who self-report potential impairments or who
				are referred by the board. The program is both an advocate for participant
				health and a means to protect the health and safety of the
				public.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 193 - Model Rules for Licensee Review Committee › Rule 641-193.3 - Composition of the Committee

Current through Register Vol. 47, No. 3, July 24, 2024
The division of licensing appoints the members of the
				committee.
(1)
Membership.
The committee may be composed of but not limited
			 to members with the following qualifications:
a. A health care professional who has
			 expertise in the area of substance use and addiction treatment.
b. A health care professional who has
			 expertise in the diagnosis and treatment of mental health conditions.
c. A psychiatrist who holds a current, active
			 Iowa license as defined in rule
			 653-9.1
			 (147,148,150,150A).
d. A licensee
			 who has maintained recovery for a period of no less than two years since
			 successfully completing a recovery program, a board-ordered probation for
			 substance use, or a comparable monitoring program.
e. A licensed physician, physician assistant
			 or advanced registered nurse licensee whose specialty area is family practice,
			 internal medicine, or emergency medicine or who has expertise in substance use
			 disorders, mental health conditions or both.
f. A licensed psychiatric
			 pharmacist.
g. A public
			 member.
h. Non-voting members,
			 which may include the board's executive director, the bureau chief or designee,
			 the bureau chief of monitoring, and, if requested to join the committee for
			 consultation during a participant review, an executive officer or board member
			 under which a participant is regulated.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 193 - Model Rules for Licensee Review Committee › Rule 641-193.4 - Eligibility

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Eligibility.
To be eligible for participation in the program,
			 a prospective participant must self-report or be referred by the board for an
			 impairment or potential impairment. The committee will determine for each
			 self-report or referral whether the prospective participant is an appropriate
			 candidate for participation in the program. A prospective participant is
			 ineligible if the committee finds sufficient evidence that the prospective
			 participant:
a. Diverted medication for
			 distribution to third parties or for personal profit;
b. Adulterated, misbranded, or otherwise
			 tampered with medication intended for a patient;
c. Provided inaccurate, misleading, or
			 fraudulent information or failed to fully cooperate with the committee;
			 or
d. Caused injury or harm to a
			 patient or client.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 193 - Model Rules for Licensee Review Committee › Rule 641-193.5 - Terms of Participation in the Impaired Practitioner Recovery Program

Current through Register Vol. 47, No. 3, July 24, 2024
A participant is responsible for complying with the terms of
				participation established in the initial agreement and the contract, and for
				all expenses incurred to comply with the terms imposed by the program. Terms of
				participation specified in the contract shall include, but not be limited
				to:
(1)
Duration.
Length of participation in the program may vary depending upon the review of
			 all relevant information and the nature of the impairment.
(2)
Noncompliance.
Participants are responsible for notifying the committee of any instance of
			 noncompliance. Notification of noncompliance made to the committee by the
			 participant, a monitoring provider, or another party may result in notice to
			 the board for its consideration of disciplinary action.
a.
First instance.
After a
			 first instance of significant noncompliance, including a relapse, the committee
			 may give notice to the board identifying the participant by number, describing
			 the relevant terms of the participant's contract and the noncompliance, and
			 including the committee's recommendation for continued participation in the
			 program.
b.
Second
			 instance.
After a second instance of significant noncompliance,
			 including a relapse, the committee may refer the case and the participant's
			 identity to the board. In its referral, the committee may make recommendations
			 as to continued participation in the program.
c.
Referral at any time.
The
			 committee may make a referral to the board for noncompliance that identifies
			 the participant by name at any time the circumstances warrant such a
			 referral.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 193 - Model Rules for Licensee Review Committee › Rule 641-193.6 - Confidentiality

Current through Register Vol. 47, No. 3, July 24, 2024
Information in the possession of the board or the committee is
				subject to the confidentiality requirements of Iowa Code section
				272C.6.
(1) Participants must report their
			 participation to the applicable monitoring program or licensing authority in
			 any state in which the participant is currently licensed or in which the
			 participant seeks licensure.
(2)
			 The committee is authorized to communicate information about a participant to
			 any person assisting in the participant's treatment, recovery, rehabilitation,
			 monitoring, or maintenance for the duration of the initial agreement or
			 contract.
(3) The committee is
			 authorized to communicate information about a participant to the board if a
			 participant does not comply with the terms of the contract as set forth in rule
			 641-193.5 (272C).
(4) The committee is authorized to
			 communicate information about a current or former participant to the board if
			 reliable information held by the committee reasonably indicates that a
			 significant risk to the public exists.
(5) If the board initiates disciplinary or
			 other action against a participant or former participant as a result of
			 communication from the committee, the board may include information from the
			 program file in the public documents.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 193 - Model Rules for Licensee Review Committee › Rule 641-193.7 - Confidentiality

Current through Register Vol. 47, No. 3, July 24, 2024
The committee is subject to the provisions governing
				confidentiality established in Iowa Code section
				272C.6.
(1) Information in the possession of the
			 board or the committee about licensees in the program shall not be disclosed to
			 the public.
(2) Participation in
			 the impaired practitioner program under the auspices of the committee is not a
			 matter of public record.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 194 - Nonpayment of State Debt › Rule 641-194.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
For the purpose of this chapter, the following definitions
				shall apply.
"Applicant"
means an individual who is seeking
				the issuance of a license.
"Centralized collection unit"
means the
				centralized collection unit of the Iowa department of revenue.
"Certificate of noncompliance "
means a
				document provided by the centralized collection unit of the department of
				revenue certifying that the named applicant or licensee has an outstanding
				liability placed with the unit and has not entered into an approved payment
				plan to pay the liability.
"Denial notice "
means a licensing authority
				notification denying an application for the issuance or renewal of a license as
				required by Iowa Code chapter 272D.
"Department"
means the department of public
				health.
"License"
means a license, certification,
				registration, permit, approval, renewal, or other similar authorization issued
				to a person by a licensing authority which evidences the granting of authority
				to engage in a profession, occupation, or business.
"Licensing authority"
means a board,
				commission, or any other entity of the department which has authority within
				this state to suspend or revoke a license or deny the renewal or issuance of a
				license authorizing a person to engage in a business, occupation, or
				profession.
"Revocation or suspension notice "
means a
				licensing authority notification suspending a license for an indefinite or
				specified period of time or a notification revoking a license as required by
				Iowa Code chapter 272D.
"Withdrawal certificate"
means a document
				provided by the centralized collection unit certifying that the certificate of
				noncompliance is withdrawn and that the licensing authority may proceed with
				issuance, reinstatement, or renewal of a license.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 194 - Nonpayment of State Debt › Rule 641-194.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
For the purpose of this chapter, the following definitions
				shall apply.
"Applicant"
means an individual who is
				seeking the issuance of a license.
"Centralized collection unit"
means the
				centralized collection unit of the Iowa department of revenue.
"Certificate of noncompliance"
means the same
				as defined in Iowa Code section
				272D.1.
"Denial notice"
means a licensing authority
				notification denying an application for the issuance or renewal of a license as
				required by Iowa Code chapter 272D.
"License"
means the same as defined in Iowa
				Code section 272D.1.
"Licensing authority"
means a board,
				commission, or any other entity of the department that has authority within
				this state to suspend or revoke a license or deny the renewal or issuance of a
				license authorizing a person to engage in a business, occupation, or
				profession.
"Revocation or suspension notice"
means a
				licensing authority notification suspending a license for an indefinite or
				specified period of time or a notification revoking a license as required by
				Iowa Code chapter 272D.
"Withdrawal certificate"
means the same as
				defined in Iowa Code section
				272D.1.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 194 - Nonpayment of State Debt › Rule 641-194.2 - Denial of Issuance or Renewal of a License or Suspension or Revocation of a License

Current through Register Vol. 47, No. 3, July 24, 2024
The licensing authority shall deny the issuance or renewal of a
				license or suspend or revoke a license upon the receipt of a certificate of
				noncompliance from the centralized collection unit per the procedure set forth
				in Iowa Code chapter 272D. This rule shall apply in addition to the procedures
				set forth in Iowa Code chapter 272D.
(1)
Service of denial, suspension or
			 revocation notice.
Notice will be served upon the applicant or
			 licensee by certified mail, return receipt requested; by personal service; or
			 through authorized counsel.
(2)
Licensees and applicants responsible to inform licensing
			 authority.
Licensees and applicants shall keep the licensing authority
			 informed of all court actions and all centralized collection unit actions taken
			 under or in connection with Iowa Code chapter 272D. Licensees and applicants
			 shall also provide the licensing authority copies, within seven days of filing
			 or issuance, of all applications filed with the district court pursuant to Iowa
			 Code chapter 272D, all court orders entered in such actions, and any
			 withdrawals of certificates issued by the centralized collection
			 unit.
(3)
Reinstatement
			 following license denial, suspension or revocation.
All licensing
			 authority fees required for application, license renewal, or license
			 reinstatement must be paid by applicants or licensees before a license will be
			 issued, renewed, or reinstated after the licensing authority has denied the
			 issuance or renewal of a license or suspended or revoked a license pursuant to
			 Iowa Code chapter 272D.
(4)
Effect of filing in district court.
In the event an applicant
			 or a licensee files a timely district court action following service of a
			 denial notice by a licensing authority or service of a revocation or suspension
			 notice, the licensing authority will continue with the intended action
			 described in the notice upon the receipt of a court order lifting the stay,
			 dismissing the action, or otherwise directing the licensing authority to
			 proceed. For purposes of determining the effective date of the denial of the
			 issuance or renewal of a license or of the suspension or revocation of a
			 license, the licensing authority will count the number of days before the
			 action was filed and the number of days after the action was disposed of by the
			 court.
(5)
Final
			 notification.
The licensing authority will notify the applicant or
			 licensee in writing through regular first-class mail, or by such other means as
			 the licensing authority determines appropriate in the circumstances, and will
			 similarly notify the applicant or licensee if the license is issued or renewed
			 following the licensing authority's receipt of a withdrawal
			 certificate.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 194 - Nonpayment of State Debt › Rule 641-194.4 - Sharing of Information

Current through Register Vol. 47, No. 3, July 24, 2024
Notwithstanding any statutory confidentiality provision, the
				department or licensing authority may share information with the centralized
				collection unit of the department of revenue through automated means for the
				sole purpose of identifying applicants or licensees subject to enforcement
				pursuant to Iowa Code chapter 272D.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 196 - Emergency Medical Services-military Service, Veteran Reciprocity, and Spouses of Active Duty Service Members › Rule 641-196.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Department"
means the department of public
				health.
"License"
means a license, certification,
				registration, permit, approval, renewal, or other similar authorization issued
				to a person by a licensing authority which evidences the granting of authority
				to engage in a profession, occupation, or business.
"Licensing authority"
means a board,
				commission, or any other entity of the department which has authority within
				this state to suspend or revoke a license or deny the renewal or issuance of a
				license authorizing a person to engage in a business, occupation, or
				profession.
"Military service "
means honorably serving on
				federal active duty, state active duty, or national guard duty, as defined in
				Iowa Code section
				29A.1; in the
				military services of other states, as provided in
				10
				U.S.C. Section 101(c); or in
				the organized reserves of the United States, as provided in
				10 U.S.C. Section
				10101.
"Military service applicant"
means an
				individual requesting credit toward licensure for military education, training,
				or service obtained or completed in military service.
"Spouse "
means a spouse of an active duty
				member of the military forces of the United States.
"Veteran "
means an individual who meets the
				definition of "veteran" in Iowa Code section
				35.1(2).
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 196 - Emergency Medical Services-military Service, Veteran Reciprocity, and Spouses of Active Duty Service Members › Rule 641-196.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"License"
means the same as defined in Iowa
				Code section 272D.1.
"Licensing authority"
means the same as
				defined in Iowa Code section
				272D.1.
"Military service"
means honorably serving on
				federal active duty, state active duty, or national guard duty, as defined in
				Iowa Code section 29A.1; in the military services
				of other states, as provided in
				10 U.S.C. Section
				101(c) (2021); or in the
				organized reserves of the United States, as provided in
				10 U.S.C. Section
				10101 (2006).
"Military service applicant"
means an
				individual requesting credit toward licensure for military education, training,
				or service obtained or completed in military service.
"Spouse"
means a spouse of an active duty
				member of the military forces of the United States.
"Veteran"
means the same as defined in Iowa
				Code section 35.1.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 196 - Emergency Medical Services-military Service, Veteran Reciprocity, and Spouses of Active Duty Service Members › Rule 641-196.2 - Military Education, Training, and Service Credit

Current through Register Vol. 47, No. 3, July 24, 2024
A military service applicant may apply for credit for verified
				military education, training, or service toward any experience or educational
				requirement for licensure by submitting a military service application form to
				the licensing authority. No fee is required with submission of an application
				for military service credit.
(1) The
			 licensing authority shall grant credit requested in the application pursuant to
			 the emergency medical services (EMS) personnel licensure interstate compact
			 described in Iowa Code section
			 147D.1.
(2) The licensing authority shall inform the
			 military service applicant in writing of the credit, if any, given toward an
			 experience or educational qualification for licensure or explain why no credit
			 was granted. The applicant may request reconsideration upon submission of
			 additional documentation or information.
(3) A military service applicant who is
			 aggrieved by the licensing authority's decision may appeal pursuant to the
			 provisions of 441-Chapter 7, except that no fees or costs shall be assessed
			 against the military service applicant in connection with a contested case
			 conducted pursuant to this subrule.
(4) The licensing authority shall grant or
			 deny the credit requested in the military service application prior to ruling
			 on the application for licensure. The applicant shall not be required to submit
			 any fees in connection with the licensure application unless the licensing
			 authority grants the credit requested in the military service application. If
			 the licensing authority does not grant the credit requested in the military
			 service application, the applicant may withdraw the licensure application or
			 request that the licensure application be placed in pending status for up to
			 one year or as mutually agreed. The withdrawal of a licensure application shall
			 not preclude subsequent applications supported by additional documentation or
			 information.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 196 - Emergency Medical Services-military Service, Veteran Reciprocity, and Spouses of Active Duty Service Members › Rule 641-196.3 - Veteran and Active Duty Military Spouse Privilege to Practice

Current through Register Vol. 47, No. 3, July 24, 2024
A veteran or spouse with an unrestricted license in another EMS
				personnel licensure jurisdiction may practice in Iowa pursuant to the EMS
				personnel licensure interstate compact described in Iowa Code section
				147D.1.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 202 - Certificate of Need Program › Rule 641-202.2 - Letter of Intent

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Before applying
			 for a certificate of need, the sponsor of a proposed new institutional health
			 service or changed institutional health service will electronically submit a
			 letter of intent meeting the criteria noted in Iowa Code section
			 10A.715(1)  and
			 containing the project's estimated cost (site costs, land improvements,
			 facility costs, movable equipment and financing costs, and any applicable sales
			 tax for movable equipment, any applicable delivery charge for movable
			 equipment, and any applicable installation charge for movable
			 equipment).
(2) The department will
			 make available on the certificate of need web page all criteria and standards
			 that are pertinent to an application.
(3) A letter of intent received by the
			 department is valid for a period of one year from the date of receipt by the
			 department. The sponsor may renew the validity of a letter of intent by
			 providing written notification to the department prior to the one-year
			 expiration date.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 202 - Certificate of Need Program › Rule 641-202.3 - Determination of Reviewability

Current through Register Vol. 47, No. 3, July 24, 2024
A sponsor of a proposed project may submit a written request
				for a determination of reviewability as to whether the project requires a
				certificate of need.
(1) The request
			 should include sufficient details of the proposed project and cite the sections
			 of the Iowa Code that the sponsor relies upon to assert the project is not
			 reviewable.
(2) Upon receipt of a
			 written request from the sponsor of a project, the department will determine if
			 a proposed project requires a certificate of need under Iowa Code sections
			 10A.711 through
			 10A.729. The department may
			 request additional information about the project to make the determination.
a. If it is determined that a certificate of
			 need is required, the sponsor will be notified by the department and the
			 request for nonreviewability will be considered the letter of intent for
			 purposes of 202.2(2).
b. If it is
			 determined that a certificate of need is not required, the sponsor will be
			 notified by the department and the determination of nonreviewability will be
			 placed on the next agenda of the state health facilities council for
			 consideration.
c. The notification
			 to the sponsor of the results of the department's review of the request will
			 include specific Iowa Code citations relied upon to support the
			 determination.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 202 - Certificate of Need Program › Rule 641-202.4 - Submission of Application

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Application form.
a. A
			 sponsor of a proposed project for a new or changed institutional health service
			 will submit to the department an application for certificate of need by using
			 the appropriate application form found on the certificate of need web page. All
			 information requested in the application form will be required in the absence
			 of a waiver by the department.
b.
			 An original application and all attachments shall be submitted via electronic
			 mail.
c. The department will
			 establish and maintain electronic files on each application.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 202 - Certificate of Need Program › Rule 641-202.5 - Organizational Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The presence of
			 three members of the council shall constitute a quorum.
(2) The chair and all other council members
			 present will cast votes or abstain, as the case may be, on all council action.
			 No proxy votes shall be allowed.
(3) A vote of a majority of those present
			 will be necessary to take action on any motion before the council. A tie vote
			 means no action on the motion.
(4)
			 The council will, at the first meeting after July 1 of each odd-numbered year,
			 elect a vice-chair to perform the duties of the chair in the chair's absence,
			 when the chair has a conflict of interest or when the chair so
			 directs.
(5) A council member will
			 refrain from participating in an application review process if the member:
a. Has a personal bias or prejudice
			 concerning the applicant;
b. Has
			 acted as counsel to the applicant or a competitor of the applicant in the same
			 or adjoining county within the past two years;
c. Has a financial interest in the outcome of
			 the application process or any other significant personal interest that could
			 be substantially affected by the outcome of the case;
d. Has a spouse or relative within the third
			 degree of relationship that (1) is affiliated with or represents the applicant
			 or a competitor of the applicant in the same or adjoining county; (2) has a
			 known financial or significant personal interest that could be substantially
			 affected by the outcome of the application process; or (3) is likely to testify
			 on behalf of the applicant or an affected person at public hearing;
			 or
e. Has any other legally
			 sufficient cause to refrain from participating in the application review
			 process.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 202 - Certificate of Need Program › Rule 641-202.6 - Public Hearing on Application

Current through Register Vol. 47, No. 3, July 24, 2024
Public hearings conducted pursuant to Iowa Code section
				10A.716(3)
"b"
are not contested cases. Judicial review
				pursuant to Iowa Code section
				17A.19 of final agency decisions
				under Iowa Code section
				10A.719 will be treated as other
				agency action.
(1) The council will
			 use the following meeting format:
a.
			 Announcement of application under review.
b. Presentation of department
			 report.
c. Applicant
			 presentation.
d. Affected persons'
			 presentation.
e. Applicant's
			 rebuttal.
f. Council discussion,
			 motion and final decision.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 202 - Certificate of Need Program › Rule 641-202.7 - Summary Review

Current through Register Vol. 47, No. 3, July 24, 2024
Pursuant to Iowa Code section
				10A.717, an applicant requesting
				a summary review will abide by the following procedures:
(1) Electronically submit a written request
			 for summary review and a copy of the application and all attachments. The
			 applicant is not required to submit a letter of intent pursuant to Iowa Code
			 section 10A.715 prior to submitting a
			 written request for a summary review.
(2) The eligibility of an application for
			 summary review pursuant to Iowa Code section
			 10A.717 does not mandate or
			 require such review. The department will make the decision as to whether an
			 application will be reviewed in the summary review process.
(3) Upon receipt of a written request for
			 summary review, an application, and the fee required by Iowa Code section
			 10A.713(1), the
			 department will notify the applicant in writing within 15 calendar days if the
			 application is complete and if a summary review will be granted.
(4) If an application is deemed incomplete,
			 the department will state specifically in writing what information is needed to
			 make the application complete.
(5)
			 If the department notifies the applicant that a summary review will not be
			 performed, this decision is binding on the applicant and the application will
			 be entered into the formal review process on the date of written notice that
			 such application will not be reviewed summarily.
(6) A summary review of an application for a
			 certificate of need will be completed within 60 calendar days of the acceptance
			 of an application by the department.
(7) At any time during the summary review
			 process, an application may be withdrawn without prejudice from the process.
			 The applicant may then submit the application for a formal 90-day
			 review.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 202 - Certificate of Need Program › Rule 641-202.8 - Extension of Review Time

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A formal review
			 of an application for a certificate of need pursuant to Iowa Code section
			 10A.716 may be extended by the
			 department on the basis of any of the following criteria:
a. In order to review competing applications
			 simultaneously;
b. In the case of
			 technologically innovative equipment, to obtain additional information
			 necessary to evaluate the proposal. The department will specify in writing such
			 additional information as necessary;
c. At the request of the applicant;
d. At the request of at least two members of
			 the state health facilities council in order to allow additional time for
			 deliberation on all evidence present. The council will specify the time of the
			 delay and the date on which the final decision will be rendered.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 202 - Certificate of Need Program › Rule 641-202.9 - Rehearing of Certificate of Need Decision

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The applicant
			 or any affected person who has participated or sought unsuccessfully to
			 participate in the formal review procedure prescribed in Iowa Code section
			 10A.716 may, for good cause
			 shown, file an application for rehearing in writing with the department stating
			 the specific grounds therefor and the relief sought, within 20 calendar days
			 after the date of the issuance of the final decision on an application for
			 certificate of need.
(2) Grounds
			 for rehearing include but are not limited to:
a. New significant, relevant information that
			 was unavailable at the date of the hearing;
b. Significant changes in factors or
			 circumstances relied upon by the council in reaching its decision;
c. Demonstration that the council has
			 materially failed to follow its adopted procedures in reaching its decision;
			 or
d. Such other bases as the
			 council determines constitute good cause.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 202 - Certificate of Need Program › Rule 641-202.10 - Status Reports to Affected Persons

Current through Register Vol. 47, No. 3, July 24, 2024
Affected persons are entitled to status reports from the
				department while a formal application review is in progress pursuant to Iowa
				Code section 10A.718. The department will
				maintain a log of all requests for written status reports by affected persons.
				Affected persons who request written status reports will submit an electronic
				request, identifying the specific information requested, which may include
				notification of the council's final decision, any application for rehearing, or
				the filing of a petition for judicial review. The formal process does not
				preclude informal contacts with department staff for verbal status reports.
				Printed copies of the council's final decision, an application for rehearing, a
				petition for judicial review, or any other public record will be provided upon
				request.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 202 - Certificate of Need Program › Rule 641-202.11 - Finality

Current through Register Vol. 47, No. 3, July 24, 2024
The certificate of need application process is continuous
				beginning with submission of a letter of intent or request for waiver of a
				letter of intent through issuance of a final decision by the council subject to
				judicial review under Iowa Code chapter 17A.
(1) The following stages of the process are
			 intermediate and subject to judicial review only to the extent they meet
			 criteria for intermediate review under Iowa Code section
			 17A.19:
a. A decision by the department pursuant to
			 641-202.3 (10A) that a proposed
			 project does not require a certificate of need;
b. A decision by the department to waive
			 submission of the letter of intent and substitute summary review; and
c. The rejection of an application by the
			 department that fails to provide all information required under Iowa Code
			 section 10A.713(1).
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 202 - Certificate of Need Program › Rule 641-202.12 - Project Progress Reports

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The sponsor of
			 an approved application will submit a progress report using the form available
			 on the certificate of need web page six months after approval at
			 hearing.
(2) Progress reports shall
			 fully identify the project and indicate the current status of the project in
			 descriptive terms. The reports should also reflect an amended project schedule
			 if necessary.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 202 - Certificate of Need Program › Rule 641-202.13 - Request for Extension of Certificate

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A request by
			 the applicant for an extension of a certificate of need should be filed with
			 the department using the form available on the certificate of need web page no
			 later than 30 days prior to the expiration of the certificate of
			 need.
(2) A request for extension
			 should fully identify the project and indicate the current status of the
			 project in descriptive terms.
(3)
			 Any affected person has the right to submit to the department in writing, or
			 orally at the council meeting at which the extension request is considered,
			 information that may be relevant to the question of granting an
			 extension.
(4) When an extension
			 has been requested, the council will approve or deny the request at a meeting
			 of the council preceding the expiration of the certification. The certificate
			 of need may be revoked by the council at the end of the certification period
			 for insufficient progress in developing the project.
(5) If the extension is denied, the applicant
			 has the right to appeal under the provisions of Iowa Code section
			 10A.720.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 202 - Certificate of Need Program › Rule 641-202.14 - Application Changes After Approval

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Once a project
			 has been approved by the council, no changes that vary from or alter the number
			 of approved beds, the approved services or the approved cost by an amount
			 indicated in 202.14(2) may be made unless requested by the applicant and
			 approved by the council. Requests should be made in writing and filed with the
			 department electronically.
(2) An
			 increase in the actual cost of the project over and above that originally
			 approved will automatically generate review by the council if the increase
			 exceeds the originally approved amount by:
a.
			 Fifteen percent for projects up to $999,999.99;
b. Twelve percent for projects from
			 $1,000,000.00 to $4,999,999.99;
c.
			 Eight percent for projects $5,000,000.00 and over.
An increase in the approved cost that falls below the above
				percentages will be reported to the department.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 202 - Certificate of Need Program › Rule 641-202.15 - Sanctions

Current through Register Vol. 47, No. 3, July 24, 2024
Hearings to determine class I or class II violations pursuant
				to Iowa Code section 10A.723 will be conducted in
				accordance with the department's procedural rules for contested cases found at
				641-Chapter 173.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 202 - Certificate of Need Program › Rule 641-202.16 - Reporting Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
For the purposes of the annual reports and data compilation
				required in Iowa Code sections
				10A.725 and
				10A.727, the department will
				utilize the AHA Annual Survey of Hospitals with the state survey addendum for
				hospitals and the cost reports for health care facilities submitted to the
				Medicaid enterprise of the department of health and human
				services.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 203 - Standards for Certificate of Need Review › Rule 641-203.2 - Cardiac Catheterization and Cardiovascular Surgery Standards

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Purpose
			 and scope.
a. These standards are
			 measures of some of those criteria found in Iowa Code sections
			 10A.714(1)
"a"
through
"q"
and 10A.714(3). Criteria that
			 are measured by a standard are cited in parentheses following each
			 standard.
b. Certificate of need
			 applications that are to be evaluated against these cardiac catheterization and
			 cardiovascular surgery standards include:
(1)
			 Proposals to commence or expand capacity to perform cardiac
			 catheterization.
(2) Proposals to
			 add new or replace cardiovascular surgery services.
(3) Any other applications that relate to
			 cardiac catheterization or cardiovascular surgery.