reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 441 - Human Services Department › Title I - General Departmental Procedures › Chapter 3 - Department Procedure for Rulemaking › Rule 441-3.14 - Effectiveness of Rules Prior to Publication

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Grounds.
The department may make a rule effective after its
				filing at any stated time prior to 35 days after its indexing and publication
				in the Iowa Administrative Bulletin if it finds that a statute so provides, the
				rule confers a benefit or removes a restriction on some segment of the public,
				or that the effective date of the rule is necessary to avoid imminent peril to
				the public health, safety, or welfare. The department shall incorporate the
				required finding and a brief statement of its supporting reasons in each rule
				adopted in reliance upon this subrule.
(2)
Special notice.
When the
				department makes a rule effective prior to its indexing and publication in
				reliance upon the provisions of Iowa Code section
				17A.5(2)
"b"
(3), the department shall employ all reasonable
				efforts to make its contents known to the persons who may be affected by that
				rule prior to the rule's indexing and publication. The term "all reasonable
				efforts" requires the department to employ the most effective and prompt means
				of notice rationally calculated to inform potentially affected parties of the
				effectiveness of the rule that is justified and practical under the
				circumstances considering the various alternatives available for this purpose,
				the comparative costs to the department of utilizing each of those
				alternatives, and the harm suffered by affected persons from any lack of notice
				concerning the contents of the rule prior to its indexing and publication. The
				means that may be used for providing notice of such rules prior to their
				indexing and publication include, but are not limited to, any one or more of
				the following means: radio, newspaper, television, signs, mail, telephone,
				personal notice, or electronic means.
A rule made effective prior to its indexing and publication
				  in reliance upon the provisions of Iowa Code section
				  17A.5(2)
"b"
(3) shall include in that rule a statement describing the
				  reasonable efforts that will be used to comply with the requirements of subrule
				  3.15(2).
Iowa Administrative Code › Agency 441 - Human Services Department › Title I - General Departmental Procedures › Chapter 3 - Department Procedure for Rulemaking › Rule 441-3.15 - Review by Department of Rules

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Request
				for review.
Any interested person, association, agency, or political
				subdivision may submit a written request to the administrative rules
				coordinator for the department to conduct a formal review of a specified rule.
				Upon approval of that request by the administrative rules coordinator, the
				department shall conduct a formal review of a specified rule to determine
				whether a new rule should be adopted instead or the rule should be amended or
				repealed. The department may refuse to conduct a review if it has conducted a
				review of the specified rule within five years prior to the filing of the
				written request.
(2)
Conduct of review.
In conducting the formal review, the
				department shall prepare within a reasonable time a written report summarizing
				its findings, its supporting reasons, and any proposed course of action. The
				report shall include a concise statement of the department's findings regarding
				the rule's effectiveness in achieving its objectives, including a summary of
				any available supporting data. The report shall also concisely describe
				significant written criticisms of the rule received during the previous five
				years, including a summary of any requests for exceptions to the rule received
				by the department or granted by the department. The report shall describe
				alternative solutions to resolve the criticisms of the rule, the reasons any
				were rejected, and any changes made in the rule in response to the criticisms
				as well as the reasons for the changes. A copy of the department's report shall
				be sent to the administrative rules review committee and the administrative
				rules coordinator. The report shall also be available for public
				inspection.
Iowa Administrative Code › Agency 441 - Human Services Department › Title I - General Departmental Procedures › Chapter 4 - Petitions for Rulemaking › Rule 441-4.1 - Petition for Rulemaking

Current through Register Vol. 47, No. 3, July 24, 2024
In lieu of the words "designate office" insert "Compliance
				  Division, Iowa Department of Health and Human Services, Lucas State Office
				  Building, 321 E. 12th Street, Des Moines, Iowa 50319" and in lieu of the words
				  "AGENCY NAME," the heading on the petition should read "THE DEPARTMENT OF
				  HEALTH AND HUMAN SERVICES".
Iowa Administrative Code › Agency 441 - Human Services Department › Title I - General Departmental Procedures › Chapter 4 - Petitions for Rulemaking › Rule 441-4.2 - Briefs

Current through Register Vol. 47, No. 3, July 24, 2024
The petitioner may attach a brief to the petition in support
				  of the action urged in the petition. The department may request a brief from
				  the petitioner or from any other person concerning the substance of the
				  petition.
Iowa Administrative Code › Agency 441 - Human Services Department › Title I - General Departmental Procedures › Chapter 4 - Petitions for Rulemaking › Rule 441-4.3 - Inquiries

Current through Register Vol. 47, No. 3, July 24, 2024
Inquiries concerning the status of a petition may be made to
				  the compliance division at the department's address or at
compliancerules@idph.iowa.gov
.
Iowa Administrative Code › Agency 441 - Human Services Department › Title I - General Departmental Procedures › Chapter 4 - Petitions for Rulemaking › Rule 441-4.4 - Agency Consideration

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Forwarding of petition and meeting.
Within five working days
				after the filing of a petition, the department shall submit a copy of the
				petition and any accompanying brief to the administrative rules coordinator and
				to the administrative rules review committee. Upon request by the petitioner in
				the petition, the department shall schedule a brief and informal meeting
				between the petitioner and a member of the staff of the department to discuss
				the petition. The department may request the petitioner to submit additional
				information or argument concerning the petition. The department may also
				solicit comments from any person on the substance of the petition. Also,
				comments on the substance of the petition may be submitted to the department by
				any person.
(2)
Action on
				petition.
Within 60 days after the filing of the petition, or within
				any longer period agreed to by the petitioner, the department shall, in
				writing, deny the petition, and notify petitioner of its action and the
				specific grounds for the denial, or grant the petition and notify petitioner
				that it has instituted rule-making proceedings on the subject of the petition.
				Petitioner shall be deemed notified of the denial or grant of the petition on
				the date when the department mails or delivers the required notification to
				petitioner
(3)
Denial of
				petition for nonconformance with form.
Denial of a petition because it
				does not substantially conform to the required form does not preclude the
				filing of a new petition on the same subject that seeks to eliminate the
				grounds for the department's rejection of the petition.
Iowa Administrative Code › Agency 441 - Human Services Department › Title I - General Departmental Procedures › Chapter 5 - Declaratory Orders › Rule 441-5.3 - Intervention

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Nondiscretionary intervention.
Fifteen days shall be the time
				frame for a person to file for an intervention.
(3)
Filing and form of petition for
				intervention.
In lieu of the words "designate office" insert
				"compliance division, at the department's address".
Iowa Administrative Code › Agency 441 - Human Services Department › Title I - General Departmental Procedures › Chapter 5 - Declaratory Orders › Rule 441-5.4 - Briefs

Current through Register Vol. 47, No. 3, July 24, 2024
The petitioner or any intervenor may file a brief in support
				  of the position urged. The department may request a brief from the petitioner,
				  any intervenor, or any other person concerning the questions
				  raised.
Iowa Administrative Code › Agency 441 - Human Services Department › Title I - General Departmental Procedures › Chapter 5 - Declaratory Orders › Rule 441-5.5 - Inquiries

Current through Register Vol. 47, No. 3, July 24, 2024
Inquiries concerning the status of a declaratory order
				  proceeding may be made to the compliance division at the department's address
				  or at
compliancerules@idph.iowa.gov
.
Iowa Administrative Code › Agency 441 - Human Services Department › Title I - General Departmental Procedures › Chapter 5 - Declaratory Orders › Rule 441-5.6 - Service and Filing of Petitions and Other Papers

Current through Register Vol. 47, No. 3, July 24, 2024
(2)
Filing-when required.
In lieu of the words "specific office
				and address" insert "compliance division, at the department's address or
compliancerules@idph.iowa.gov
" and in lieu of "agency
				name" insert "department".
(3)
Method of service, time of filing, and proof of mailing.
Method of service, time of filing, and proof of mailing shall be as provided by
				X.12(17A) of the contested cases segment of the uniform rules on agency
				procedure published on the Iowa general assembly's website at
www.legis.iowa.gov/DOCS/Rules/Current/UniformRules.pdf
.
Iowa Administrative Code › Agency 441 - Human Services Department › Title I - General Departmental Procedures › Chapter 5 - Declaratory Orders › Rule 441-5.7 - Consideration

Current through Register Vol. 47, No. 3, July 24, 2024
Upon request by the petitioner, the department shall schedule
				  a brief and informal meeting between the original petitioner, all intervenors,
				  and a member of the staff of the department, to discuss the questions raised.
				  The department may solicit comments from any person on the questions raised.
				  Also, comments on the questions raised may be submitted to the department by
				  any person.
Iowa Administrative Code › Agency 441 - Human Services Department › Title I - General Departmental Procedures › Chapter 5 - Declaratory Orders › Rule 441-5.8 - Action on Petition

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Time
				frames for action.
Within 30 days after receipt of a petition for a
				declaratory order, the department shall take action on the petition as required
				by Iowa Code section 17A.9(5).
(2)
Date of issuance of
				order.
The date of issuance of an order or of a refusal to issue an
				order is the date of mailing of the order or refusal or date of delivery if
				service is by other means unless another date is specified in the
				order.
Iowa Administrative Code › Agency 441 - Human Services Department › Title I - General Departmental Procedures › Chapter 5 - Declaratory Orders › Rule 441-5.9 - Refusal to Issue Order

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Reasons
				for refusal to issue order.
The department shall not issue a
				declaratory order where prohibited by Iowa Code section
				17A.9(1)
				 and may refuse to issue a declaratory order
				on some or all questions raised for the following reasons:
1. The petition does not substantially comply
				with the required form.
2. The
				petition does not contain facts sufficient to demonstrate that the petitioner
				will be aggrieved or adversely affected by the failure of the department to
				issue an order.
3. The department
				does not have jurisdiction over the questions presented in the
				petition.
4. The questions
				presented by the petition are also presented in a current rule making,
				contested case, or other department or judicial proceeding, that may
				definitively resolve them.
5. The
				questions presented by the petition would more properly be resolved in a
				different type of proceeding or by another body with jurisdiction over the
				matter.
6. The facts or questions
				presented in the petition are unclear, overbroad, insufficient, or otherwise
				inappropriate as a basis upon which to issue an order.
7. There is no need to issue an order because
				the questions raised in the petition have been settled due to a change in
				circumstances.
8. The petition is
				not based upon facts calculated to aid in the planning of future conduct but
				is, instead, based solely upon prior conduct in an effort to establish the
				effect of that conduct or to challenge a department decision already
				made.
9. The petition requests a
				declaratory order that would necessarily determine the legal rights, duties, or
				responsibilities of other persons who have not joined in the petition,
				intervened separately, or filed a similar petition and whose position on the
				questions presented may fairly be presumed to be adverse to that of
				petitioner.
10. The petitioner
				requests the department to determine whether a statute is unconstitutional on
				its face.
Iowa Administrative Code › Agency 441 - Human Services Department › Title I - General Departmental Procedures › Chapter 5 - Declaratory Orders › Rule 441-5.10 - Contents of Declaratory Order-effective Date

Current through Register Vol. 47, No. 3, July 24, 2024
In addition to the ruling itself, a declaratory order shall
				  contain the date of its issuance, the name of petitioner and all intervenors,
				  the specific statutes, rules, or orders involved, the particular facts upon
				  which it is based, and the reasons for its conclusion.
A declaratory order is effective on the date of
				  issuance.
Iowa Administrative Code › Agency 441 - Human Services Department › Title I - General Departmental Procedures › Chapter 5 - Declaratory Orders › Rule 441-5.11 - Copies of Orders

Current through Register Vol. 47, No. 3, July 24, 2024
A copy of all orders issued in response to a petition for a
				  declaratory order shall be mailed promptly to the original petitioner and all
				  intervenors. An email response may be sent to the petitioner and other parties
				  upon agreement of the petitioner and each party as
				  applicable.
Iowa Administrative Code › Agency 441 - Human Services Department › Title I - General Departmental Procedures › Chapter 5 - Declaratory Orders › Rule 441-5.12 - Effect of a Declaratory Order

Current through Register Vol. 47, No. 3, July 24, 2024
A declaratory order has the same status and binding effect as
				  a final order issued in a contested case proceeding. It is binding on the
				  department, the petitioner, and any intervenors who consent to be bound and is
				  applicable only in circumstances where the relevant facts and the law involved
				  are indistinguishable from those on which the order was based. As to all other
				  persons, a declaratory order serves only as precedent and is not binding on the
				  department. The issuance of a declaratory order constitutes final agency action
				  on the petition.
Iowa Administrative Code › Agency 441 - Human Services Department › Title I - General Departmental Procedures › Chapter 7 - Appeals and Hearings › Rule 441-7.2 - Governing Law and Regulations

Current through Register Vol. 47, No. 3, July 24, 2024
In the absence of an applicable rule in this chapter, the
				  DIAL rules found at 481-Chapter 10 govern department appeals. Notwithstanding
				  the foregoing and the rules contained in this chapter, to the extent that
				  federal or state law (including regulations and rules) related to a specific
				  program is more specific than or contradicts these rules or the applicable DIAL
				  rules, the program-specific federal or state law shall
				  control.
Iowa Administrative Code › Agency 441 - Human Services Department › Title I - General Departmental Procedures › Chapter 7 - Appeals and Hearings › Rule 441-7.3 - When a Contested Case Hearing Will Be Granted

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Requirements.
A person shall be granted a contested case
				hearing if the party-in-interest fulfills all of the following requirements:
a. The party-in-interest is entitled to a
				contested case hearing;
b. The
				party-in-interest has an ongoing, specific and personal interest in the outcome
				of the contested case hearing; and
c. The party-in-interest meets all of the
				other requirements contained in these rules.
Iowa Administrative Code › Agency 441 - Human Services Department › Title I - General Departmental Procedures › Chapter 7 - Appeals and Hearings › Rule 441-7.4 - Initiating an Appeal

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Exhaustion of remedies.
An appellant shall only be granted a
				contested case hearing if the appellant has exhausted all other appeal remedies
				available to the party-in-interest. An appellant should refer to
				program-specific provisions for the appropriate procedures applicable to
				specific programs.
(2)
Medicaid managed care enrollees exhaustion of remedies.
a. A Medicaid managed care enrollee shall be
				granted a contested case hearing only if the enrollee has either received a
				decision from a managed care organization in the time and manner required by
				rule 441-73.12 (249A) or has been
				deemed to have exhausted the managed care organization appeals under paragraph
				7.4(2)
"b."
b. If a
				Medicaid enrollee's managed care organization fails to provide a decision in
				the time and manner required by rule
				441-73.12 (249A), the enrollee
				shall be deemed to have exhausted the managed care organization's appeals
				process and may initiate a contested case hearing.
Iowa Administrative Code › Agency 441 - Human Services Department › Title I - General Departmental Procedures › Chapter 7 - Appeals and Hearings › Rule 441-7.5 - How to Request an Appeal

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Ways to
				request a hearing.
An appellant may request a contested case hearing:
a. Via the department's website,
b. By telephone, except as specified in
				subrule 7.5(4),
c. By
				mail,
d. In person, except as
				specified in subrule 7.5(4), or
e.
				Through other commonly available electronic means (such as email or
				facsimile).
Iowa Administrative Code › Agency 441 - Human Services Department › Title I - General Departmental Procedures › Chapter 7 - Appeals and Hearings › Rule 441-7.7 - Timelines for Contested Case Hearings

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Medical
				assistance.
In cases involving the determination of medical
				assistance, the contested case hearing shall be held within a time frame such
				that the final administrative action is timely pursuant to
				42 CFR
				431.244(f) as amended to
				December 8, 2021.
(2)
Community spouse resource allowance.
In cases involving the
				determination of the community spouse resource allowance, the hearing shall be
				held within 30 days of the date of the appeal request.
(3)
Sex offender risk
				assessment.
In cases involving an appeal of a sex offender risk
				assessment, the hearing or administrative review shall be held within 30 days
				of the date of the appeal request.
Iowa Administrative Code › Agency 441 - Human Services Department › Title I - General Departmental Procedures › Chapter 7 - Appeals and Hearings › Rule 441-7.8 - Contested Case Hearing Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Method.
Contested case hearings may be conducted via telephone
				or videoconference. Upon request of a party to the appeal or order of the
				presiding officer, the contested case hearing shall be conducted in
				person.
(2)
Evidence.
a. The parties to
				a contested case hearing may:
(1) Bring
				witnesses,
(2) Submit competent
				evidence to establish all pertinent facts and circumstances,
(3) Present arguments without undue
				interference,
(4) Question or
				refute any testimony or evidence, including through cross-examination,
				and
(5) Respond to evidence and
				arguments on all issues.
Iowa Administrative Code › Agency 441 - Human Services Department › Title I - General Departmental Procedures › Chapter 7 - Appeals and Hearings › Rule 441-7.9 - Miscellaneous Rules Governing Contested Case Hearings

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Ex
				parte communication.
Ex parte communications between the presiding
				officer and person or party in connection with any issue of fact or law in the
				contested case proceeding is prohibited except as permitted by Iowa Code
				section 17A.17. All of the provisions of
				Iowa Code section 17A.17 apply.
(2)
Default.
If a party fails to appear at a scheduled hearing or
				prehearing conference without good cause as determined by the presiding
				officer, the party's appeals may be denied and dismissed or may be heard and
				ruled upon, consistent with Iowa Code section
				17A.12(3).
				Defaulting parties may file a timely motion to vacate, which shall be granted
				if the presiding officer determines good cause has been shown.
(3)
Withdrawal.
An appellant
				may submit a withdrawal of a fair hearing request at any time prior to hearing
				through any of the methods identified in subrule 7.5(1), except for programs
				listed in subrule 7.5(4). For programs listed in subrule 7.5(4), a written
				request may be submitted via the department's website, by mail, in person, or
				through other commonly available electronic means (such as email or facsimile).
				Unless otherwise provided, a withdrawal shall be with prejudice.
(4)
Medical assessment.
For
				Medicaid enrollees engaged in an appeal involving medical issues, the
				department may request, at the department's own expense, that the appellant
				submit to an appropriate medical assessment. The presiding officer shall order
				such assessment upon sufficient showing of necessity.
(5)
Standard of review.
In
				child abuse appeals, the criteria and level of deference by which the presiding
				officer shall render a decision is based on a preponderance of
				evidence.
(6)
Interpreters.
The department shall provide translation and
				interpretation services to appellants, if requested. In all cases when an
				appellant is illiterate or semiliterate, the presiding officer shall advise the
				appellant of the appellant's rights to the satisfaction of the appellant's
				understanding.
(7)
Persons
				living with disabilities.
Persons living with disabilities shall be
				provided assistance through the use of auxiliary aids and services at no cost
				to the individual in accordance with the Americans with Disabilities Act (as
				amended to December 31, 2023) and Section 504 of the Rehabilitation Act (as
				amended, effective October 1, 2016).
Iowa Administrative Code › Agency 441 - Human Services Department › Title I - General Departmental Procedures › Chapter 7 - Appeals and Hearings › Rule 441-7.10 - Proposed Decision

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Contents.
The presiding officer shall issue a written proposed
				decision to all parties clearly identifying the issues on appeal, holding,
				findings of fact, conclusions of law, and order. The findings of fact shall
				cite and be based exclusively on the record as defined by Iowa Code section
				17A.12(6). The conclusions of law shall be limited to the contested issues of
				fact, policy or law and shall identify the specific provisions of law that
				support the ultimate conclusion.
(2)
Access to record.
After
				receiving the proposed decision, appellants shall be given reasonable access to
				the record at a convenient place and time.
Iowa Administrative Code › Agency 441 - Human Services Department › Title I - General Departmental Procedures › Chapter 7 - Appeals and Hearings › Rule 441-7.11 - Director's Review

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Time.
Parties, including the department, may appeal the
				proposed decision to the director.
a. A
				request for director's review shall be in writing and postmarked or received
				within 14 calendar days of the date on which the proposed decision was issued,
				except as provided for under paragraph 7.11(1)
"b."
A request
				for director's review may be accompanied by a brief written summary of the
				arguments in favor of director's review.
b. A managed care organization appealing a
				proposed decision reversing an adverse benefit determination shall request
				director's review within 72 hours from the date it received notice of the
				proposed decision.
Iowa Administrative Code › Agency 441 - Human Services Department › Title I - General Departmental Procedures › Chapter 7 - Appeals and Hearings › Rule 441-7.12 - Final Decisions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
No
				appeal or denial of director review.
If there is no timely appeal from
				or review of the proposed decision, the presiding officer's proposed decision
				becomes the final decision of the agency.
(2)
Timelines.
a. The department or director will issue a
				final decision within the timelines prescribed by federal or state law. For all
				appeals for which there is no federal or state timeliness standard, the
				department or director will issue a final decision on or before the ninetieth
				day from the date the department receives an appeal request.
b. Except as otherwise provided by state or
				federal law, the time frames for a final decision provided under this rule may
				be tolled when:
(1) The appellant requests a
				delay;
(2) The appellant fails to
				take a required action; or
(3)
				There is an administrative or other emergency beyond the department's
				control.
c. DIAL shall
				document in the record the reasons for any delay and the requesting
				party.
Iowa Administrative Code › Agency 441 - Human Services Department › Title I - General Departmental Procedures › Chapter 7 - Appeals and Hearings › Rule 441-7.14 - Effect

Current through Register Vol. 47, No. 3, July 24, 2024
(1) If the
				contested case hearing presiding officer's proposed decision is favorable to an
				enrollee in a Medicaid appeal, the department must promptly make corrective
				payments retroactive to the date an incorrect action was taken, and, if
				appropriate, provide for admission or readmission of an individual to a
				facility. If the presiding officer reverses a decision of a managed care
				organization to deny, limit, or delay services that were not furnished while
				the appeal was pending, the managed care organization must authorize or provide
				the disputed services promptly and as expeditiously as the enrollee's health
				condition requires, but no later than 72 hours from the date the managed care
				organization receives notice reversing the determination.
(2) Unless there is contravening federal or
				state law, all final decisions shall be put into effect within seven days of
				the issuance of the final decision.
Iowa Administrative Code › Agency 441 - Human Services Department › Title I - General Departmental Procedures › Chapter 7 - Appeals and Hearings › Rule 441-7.15 - Calculating Time

Current through Register Vol. 47, No. 3, July 24, 2024
In computing any time period specified in this chapter, the
				  period:
1. Excludes the day of the
				event that triggers the period;
2.
				Includes every day of the time period (including Saturdays, Sundays, and
				holidays on which the department is closed); and
3. Includes the last day of the period, but
				if the last day is a Saturday, Sunday, or legal holiday, the period continues
				to run until the end of the next day that is not a Saturday, Sunday, or legal
				holiday.
Iowa Administrative Code › Agency 441 - Human Services Department › Title I - General Departmental Procedures › Chapter 7 - Appeals and Hearings › Rule 441-7.16 - Authorized Representatives

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Regulations.
The provisions of this rule only apply to the
				extent the standards expressed in this rule are not in conflict with other
				state or federal law.
(2)
Designation of authority.
Legally recognized delegations of
				authority, such as guardianships, applicable designations of power of attorney,
				or similar designations, shall be sufficient for a delegate to serve as
				authorized representative under this chapter. A person who is not designated a
				legally recognized delegation of authority but who otherwise seeks to act as an
				authorized representative for an individual in an appeal under this chapter
				shall provide a written, signed designation of authority to the department with
				the request for appeal. The designation must provide the scope of the
				representation, applicable waivers for the release of confidential information,
				and any temporal or other limitations on the scope of representation. An
				authorized representative of a party-in-interest only represents the
				party-in-interest and has no independent right to appeal by virtue of the
				authorized representative's representation.
(3)
Written designation.
For
				persons other than attorneys seeking to act as authorized representative of a
				party-in-interest in a Medicaid managed care appeal, the authorized
				representative's written designation of authority pursuant to subrule 7.16(2)
				shall be Form 470-5526, Authorized Representative for Managed Care Appeals.
				This form is required for all managed care appeals, including those handled
				through the expedited appeals process. Failure to provide the form or legal
				documentation may result in denial of the appeal request.
(4)
Appearance by attorney.
Legal counsel appearing on behalf of any person in a proceeding under this
				chapter shall enter an appropriate written appearance.
Iowa Administrative Code › Agency 441 - Human Services Department › Title I - General Departmental Procedures › Chapter 7 - Appeals and Hearings › Rule 441-7.17 - Continuation and Reinstatement of Benefits

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Programs for which no federal or state law applies.
For all
				assistance programs for which there is no contravening federal or state law,
				benefits or services shall not be suspended, reduced, restricted, or
				discontinued, nor shall a license, registration, certification, approval, or
				accreditation be revoked or other adverse action taken pending a final decision
				when:
a. An appeal is filed before the
				effective date of the intended action; or
b. The appellant requests a hearing within
				ten days of receipt of a notice to suspend, reduce, restrict, or discontinue
				benefits or services. The date on which the notice is received is considered to
				be five days after the date on the notice, unless the appellant shows the
				notice was not received within the five-day period.
Iowa Administrative Code › Agency 441 - Human Services Department › Title I - General Departmental Procedures › Chapter 7 - Appeals and Hearings › Rule 441-7.18 - Emergency Adjudicative Proceedings

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Necessary emergency action.
When and to the extent necessary
				to prevent or avoid immediate danger to the public health, safety, or welfare,
				and consistent with state and federal law, a contested case hearing presiding
				officer may issue a written order to suspend a license in whole or in part,
				order the cessation of any continuing activity, order affirmative action, or
				take other action within the jurisdiction of the department by emergency
				adjudicative order. In determining the necessity of such an action, the
				presiding officer shall consider factors including, but not limited to, the
				following:
a. Whether there has been
				sufficient investigation and evidentiary support to ensure the order is
				proceeding based on reliable information;
b. Whether the specific circumstances giving
				rise to the potential order have been specifically identified and determined to
				be continuing;
c. Whether the
				person who is required to comply with the emergency adjudicative order may
				continue to engage in other activities without risk of immediate danger to the
				public health, safety, or welfare;
d. Whether imposition of monitoring
				requirements or other interim safeguards would be sufficient to protect the
				public health, safety, or welfare; and
e. Whether the specific action contemplated
				is necessary to avoid the immediate danger.
Iowa Administrative Code › Agency 441 - Human Services Department › Title I - General Departmental Procedures › Chapter 7 - Appeals and Hearings › Rule 441-7.19 - Supplemental Nutrition Assistance Program (SNAP) Administrative Disqualification Hearings

Current through Register Vol. 47, No. 3, July 24, 2024
The department acts on alleged intentional program violations
				  either through an administrative disqualification hearing or referral to a
				  court of appropriate jurisdiction. An individual accused of an intentional
				  program violation may waive the individual's right to an administrative
				  disqualification hearing in accordance with the procedures outlined in this
				  rule and in 7 CFR
				  273.16(e) and (f) as amended
				  to December 8, 2021.
(1) When a case
				is referred for an administrative disqualification hearing, the appeals section
				shall mail written notification to the individual that the individual can waive
				the right to an administrative disqualification hearing by signing and
				returning Waiver of Right to an Administrative Disqualification
				Hearing.
(2) By signing Waiver of
				Right to an Administrative Disqualification Hearing, the individual:
a. Waives the right to an administrative
				disqualification hearing;
b.
				Consents to the SNAP disqualification period designated Waiver of Right to an
				Administrative Disqualification Hearing, and a reduction of benefits for the
				period of disqualification; and
c.
				Acknowledges that remaining household members, if any, may be held responsible
				for repayment of the resulting claim.
Iowa Administrative Code › Agency 441 - Human Services Department › Title I - General Departmental Procedures › Chapter 7 - Appeals and Hearings › Rule 441-7.41 - Scope, Bidder and Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
The rules in Division II apply to appeals based on the
				  department's competitive procurement bid process. A bidder is an entity that
				  submits a proposal in response to a solicitation issued through the
				  department's competitive procurement process.
Iowa Administrative Code › Agency 441 - Human Services Department › Title I - General Departmental Procedures › Chapter 7 - Appeals and Hearings › Rule 441-7.42 - Requests for Timely Filing of an Appeal

Current through Register Vol. 47, No. 3, July 24, 2024
Any bidder that receives either a notice of disqualification
				  or a notice of award, and has first exhausted the reconsideration process, is
				  considered an aggrieved party and may file a written appeal with the
				  department.
(1) An aggrieved party in
				a competitive procurement must seek reconsideration of a disqualification or a
				notice of award prior to filing any appeal. The request for reconsideration
				must be received by the department within five calendar days of the date of
				either a disqualification notice or notice of award, exclusive of Saturdays,
				Sundays and legal state holidays. The department will expeditiously address the
				request for reconsideration and issue a decision on the reconsideration. If the
				party seeking reconsideration continues to be an aggrieved party following
				receipt of the decision on reconsideration, the aggrieved party may file an
				appeal within five calendar days of the date of the department's decision on
				reconsideration, exclusive of Saturdays, Sundays and legal state
				holidays.
(2) The written appeal
				shall state the grounds upon which the appellant challenges the department's
				decision.
(3) The day after the
				department's decision on reconsideration is issued is the first day of the
				period in which the appeal may be filed. The mailing address is: Department of
				Health and Human Services, Appeals Section, 1305 East Walnut Street, Des
				Moines, Iowa 50319-0114. Appeals may also be sent by email or in-person
				delivery.
When an appeal is submitted through an electronic delivery
				  method, such as electronic mail or facsimile, the appeal is filed on the date
				  it is submitted. The electronic delivery method shall record the date and time
				  the appeal request was submitted. If there is no date recorded by the
				  electronic delivery method or the appeal was filed via in-person delivery, the
				  date of filing is the date the appeal is stamped received by the agency.
				  Receipt date of all appeals shall be documented by the office where the appeal
				  is received.
When the time limit for filing falls on a holiday or a
				  weekend, the time will be extended to the next workday.
Iowa Administrative Code › Agency 441 - Human Services Department › Title I - General Departmental Procedures › Chapter 7 - Appeals and Hearings › Rule 441-7.43 - Bidder Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
The bidder appeal shall be a contested case proceeding and
				  shall be conducted in accordance with the provisions of Division II. Division I
				  of this chapter does not apply to competitive procurement bid appeals, unless
				  otherwise noted.
(1)
Hearing
				time frame.
The presiding officer shall hold a hearing on the bidder
				appeal within 60 days of the date the notice of appeal was received by the
				department.
(2)
Registration.
Upon receipt of the notice of appeal, the
				department shall register the appeal.
(3)
Acknowledgment.
Upon
				receipt of the notice of appeal, the department shall send a written
				acknowledgment of receipt of the appeal to the appellant, representative, or
				both.
(4)
Granting a
				hearing.
The department shall determine whether an appellant may be
				granted a hearing and the issues to be discussed at the hearing in accordance
				with the applicable rules, statutes or federal regulations or request for
				proposal.
a. The appeals of those appellants
				who are granted a hearing shall be certified to the department of inspections,
				appeals, and licensing for the hearing to be conducted. The department shall
				indicate at the time of certification the issues to be discussed at the
				hearing.
b. Appeals of those
				appellants who are denied a hearing shall not be closed until a letter is sent
				to the appellant and the appellant's representative advising of the denial of
				the hearing and the basis upon which that denial is made. Any appellant who
				disagrees with a denial may present additional information relative to the
				reason for denial and request reconsideration by the department over the
				denial.
Iowa Administrative Code › Agency 441 - Human Services Department › Title I - General Departmental Procedures › Chapter 7 - Appeals and Hearings › Rule 441-7.44 - Procedures for Bidder Appeal

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Discovery. The
				parties shall serve any discovery requests upon other parties at least 30 days
				prior to the date set for the hearing. The parties must serve responses to
				discovery at least 15 days prior to the date set for the hearing.
(2) Witnesses and exhibits. The parties shall
				contact each other regarding witnesses and exhibits at least ten days prior to
				the date set for the hearing. The parties must meet prior to the hearing
				regarding the evidence to be presented in order to avoid duplication or the
				submission of extraneous materials.
(3) Amendments to notice of appeal. The
				aggrieved bidder may amend the grounds upon which the bidder challenges the
				department's award no later than 15 days prior to the date set for the
				hearing.
(4) If the hearing is not
				conducted in person, the parties must deliver all exhibits to the office of the
				presiding officer at least three days prior to the time the hearing is
				conducted.
(5) The presiding officer
				shall issue a proposed decision in writing that includes findings of fact and
				conclusions of law stated separately. The decision shall be based on the record
				of the contested case and shall conform to Iowa Code chapter 17A. The presiding
				officer shall send the proposed decision to the appellant and representative by
				mail.
(6) The record of the
				contested case shall include all materials specified in Iowa Code section
				17A.12(6).
Iowa Administrative Code › Agency 441 - Human Services Department › Title I - General Departmental Procedures › Chapter 7 - Appeals and Hearings › Rule 441-7.45 - Stay of Agency Action for Bidder Appeal

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
When a
				stay may be requested.
a. Any party
				appealing the issuance of a notice of disqualification or notice of award may
				petition for stay of the decision pending its review. The petition for stay
				shall be filed with the notice of appeal, shall state the reasons justifying a
				stay, and shall be accompanied by an appeal bond equal to 120 percent of the
				contract value.
b. Any party
				adversely affected by a final decision and order may petition the department
				fora stay of that decision and order pending judicial review. The petition for
				stay shall be filed with the director within five days of receipt of the final
				decision and order and shall state the reasons justifying a
				stay.
Iowa Administrative Code › Agency 441 - Human Services Department › Title I - General Departmental Procedures › Chapter 7 - Appeals and Hearings › Rule 441-7.46 - Request for Review of the Proposed Decision

Current through Register Vol. 47, No. 3, July 24, 2024
A request for review of the proposed decision shall follow
				  the provisions outlined in rule
				  441-7.11
				  (17A).
Iowa Administrative Code › Agency 441 - Human Services Department › Title I - General Departmental Procedures › Chapter 7 - Appeals and Hearings › Rule 441-7.47 - Other Procedural Considerations

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Consolidation-severance.
The provisions regarding
				consolidation and severance in rule
				481-10.10 (10A,17A)
				apply.
(2)
Rights of
				appellants during hearings.
All rights afforded appellants at rule
				441-7.8 (17A) shall
				apply.
Iowa Administrative Code › Agency 441 - Human Services Department › Title I - General Departmental Procedures › Chapter 7 - Appeals and Hearings › Rule 441-7.48 - Appeal Record

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The appeal
				record shall consist of all items specified in Iowa Code section
				17A.16.
(2) The party that requests
				a transcription of the proceedings shall bear the cost.
Iowa Administrative Code › Agency 441 - Human Services Department › Title I - General Departmental Procedures › Chapter 7 - Appeals and Hearings › Rule 441-7.50 - Ex Parte Communications

Current through Register Vol. 47, No. 3, July 24, 2024
The rules regarding ex parte communications specified in
				  subrule 7.9(1) and Iowa Code section
				  17A.17 apply.
Iowa Administrative Code › Agency 441 - Human Services Department › Title I - General Departmental Procedures › Chapter 7 - Appeals and Hearings › Rule 441-7.51 - Right of Judicial Review

Current through Register Vol. 47, No. 3, July 24, 2024
The rules regarding right of judicial review specified in
				  subrule 7.12(3) and Iowa Code section
				  17A.19 apply.
Iowa Administrative Code › Agency 441 - Human Services Department › Title I - General Departmental Procedures › Chapter 8 - Payment of Small Claims › Rule 441-8.1 - Authorization to Reimburse

Current through Register Vol. 47, No. 3, July 24, 2024
The department will follow Iowa Code section
				  217.23(2)  when
				  reimbursing employees for personal items damaged or destroyed by clients of the
				  department during the employee's tour of duty. The claimant shall provide the
				  department with a detailed written account of the incident, including an
				  estimated cost of repair or replacement.
This rule is intended to implement Iowa Code section
				  217.23.
Iowa Administrative Code › Agency 441 - Human Services Department › Title I - General Departmental Procedures › Chapter 9 - Public Records and Fair Information Practices › Rule 441-9.1 - Statement of Policy, Purpose and Scope of Chapter

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The purpose of
				this chapter is to facilitate public access to open records. It also seeks to
				facilitate department determinations with respect to the handling of
				confidential records and the implementation of the fair information practices
				Act. The department is committed to the policies set forth in Iowa Code chapter
				22; department staff shall cooperate with members of the public in implementing
				the provisions of that chapter.
These rules also implement the federal Health Insurance
				  Portability and Accountability Act (HIPAA) regulations at 45 CFR Parts 160 and
				  164 as amended to March 26, 2013. These rules set forth the standards the
				  department must meet to protect the privacy of protected health information.
				  The department is a hybrid entity for purposes of HIPAA. The rules on protected
				  health information apply only to those parts of the department that are
				  considered part of the covered entity.
(2) This chapter does not:
a. Require the agency to index or retrieve
				records which contain information about individuals by that person's name or
				other personal identifier.
b. Make
				available to the general public records which would otherwise not be available
				under the public records law, Iowa Code chapter 22.
c. Govern the maintenance or disclosure of,
				notification of, or access to records in the possession of the agency which are
				governed by the rules of another agency.
d. Apply to grantees, including local
				governments or subdivisions thereof, administering state-funded
				programs.
e. 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 constitutional principles, statutes, rules of
				discovery, evidentiary privileges, and applicable rules of the
				agency.
f. Require the agency to
				create, compare or procure a record solely for the purpose of making it
				available.