reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 441 - Human Services Department › Title III - Mental Health › Chapter 25 - Disability Services Management › Rule 441-25.56 - Data Collection Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Beginning in 2016 and by December 1 each
				year, each county shall submit to the department of human services data
				regarding each individual who received advocate services during the previous
				state fiscal year.
(2) As defined
				in rule 441-25.41 (331), the data to be
				submitted are as follows:
a. Basic
				information about the individual, including a unique identifier and county of
				residence.
b. Demographic
				information, including the individual's date of birth, sex, ethnicity,
				education, and diagnosis made in accordance with the criteria provided in the
				current version of the Diagnostic and Statistical Manual of Mental Disorders
				(DSM) published by the American Psychiatric Association (APA).
c. Commitment information, including the date
				of the individual's initial commitment, type of commitment order, whether a
				juvenile or adult case, date of commitment and name of treatment facility the
				individual is committed to, any subsequent changes in treatment facility, and
				date commitment is terminated.
Iowa Administrative Code › Agency 441 - Human Services Department › Title III - Mental Health › Chapter 25 - Disability Services Management › Rule 441-25.56 - Data Collection Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Beginning in 2016 and by December 1 each
				year, each county shall submit to the department of human services data
				regarding each individual who received advocate services during the previous
				state fiscal year.
(2) As defined
				in rule 441-25.41 (225C), the data to be
				submitted are as follows:
a. Basic information
				about the individual, including a unique identifier and county of
				residence.
b. Demographic
				information, including the individual's date of birth, sex, ethnicity,
				education, and diagnosis made in accordance with the criteria provided in the
				current version of the Diagnostic and Statistical Manual of Mental Disorders
				(DSM) published by the American Psychiatric Association (APA) (published 2013,
				with all changes and updates approved by the American Psychiatric Association
				through September 2023 incorporated herein).
c. Commitment information, including the date
				of the individual's initial commitment, type of commitment order, whether a
				juvenile or adult case, date of commitment and name of treatment facility the
				individual is committed to, any subsequent changes in treatment facility, and
				date commitment is terminated.
Iowa Administrative Code › Agency 441 - Human Services Department › Title III - Mental Health › Chapter 25 - Disability Services Management › Rule 441-25.57 - Quality Assurance System

Current through Register Vol. 47, No. 3, July 24, 2024
The county shall implement a quality assurance system
				  which:
1. Annually measures and
				assesses advocates' activities and services.
2. Gathers feedback from stakeholders
				including individuals using advocate services, family members, court staff,
				service provider staff, and regional staff regarding advocate
				services.
3. Implements an internal
				review of individual records.
4.
				Identifies areas in need of improvement.
5. Develops a plan to address the areas in
				need of improvement.
6. Implements
				the plan and documents the results.
Iowa Administrative Code › Agency 441 - Human Services Department › Title III - Mental Health › Chapter 28 - Policies for Mental Health Institutes and Resource Centers › Rule 441-28.2 - Selection of Facility

Current through Register Vol. 47, No. 3, July 24, 2024
Application for voluntary admission to a resource center
				  shall be made to the facility in the catchment area within which the individual
				  for whom admission is sought has a county of residence. The individual may be
				  admitted to a state resource center in another catchment area if that facility
				  has a more suitable opening.
This rule is intended to implement Iowa Code sections
				  218.19 and
				  218.20.
Iowa Administrative Code › Agency 441 - Human Services Department › Title III - Mental Health › Chapter 28 - Policies for Mental Health Institutes and Resource Centers › Rule 441-28.4 - Grievances

Current through Register Vol. 47, No. 3, July 24, 2024
Any individual who believes the individual's rights have been
				  violated by a mental health institute or resource center or who has any
				  complaint concerning the individual's treatment at a mental health institute or
				  resource center may file a grievance. A grievance shall be filed using Form
				  470-4498, Individual Grievance. The individual's parent, family, guardian, or
				  legal representative may file a grievance on behalf of the individual.
This rule is intended to implement Iowa Code sections
				  225C.27 and
				  229.23.
Iowa Administrative Code › Agency 441 - Human Services Department › Title III - Mental Health › Chapter 28 - Policies for Mental Health Institutes and Resource Centers › Rule 441-28.5 - Photographing and Recording of Individuals and Use of Cameras

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Use of still or
				video cameras or voice recorders by anyone other than an authorized employee,
				individual, parent, guardian, or legal representative to photograph or record
				an individual shall be allowed only with the prior authorization of the
				superintendent or the superintendent's designee. Permission to photograph and
				record shall be granted for one specific use, and the authorization shall not
				extend to any other use.
(2)
				Photographs, videos, and recordings of an adult individual shall be taken for
				publication only with a signed informed consent from the individual or the
				individual's guardian or legal representative.
(3) Photographs, videos, and recordings of a
				minor individual shall be taken for publication only with a signed informed
				consent from the parent, guardian, or legal representative.
(4) Every effort shall be made to preserve
				the inherent dignity of the individual and to preclude exploitation or
				embarrassment of the individual or the family of the individual.
(5) Photographs, videos, and recordings of
				individuals are not to be altered to prevent identification in any manner that
				would tend to perpetuate the stigma attached to the public image of individuals
				with mental illness or an intellectual disability.
This rule is intended to implement Iowa Code sections 217.30
				  and 218.4.
Iowa Administrative Code › Agency 441 - Human Services Department › Title III - Mental Health › Chapter 28 - Policies for Mental Health Institutes and Resource Centers › Rule 441-28.6 - Interviews and Statements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
				Releases to the news media shall be the responsibility of the superintendent.
				Authority for dissemination and release of information may be designated to
				other employees at the discretion of the superintendent.
(2) Interviews of individuals by the news
				media or other outside persons or groups shall be permitted only with the
				consent of the individual or the individual's parent, guardian, or legal
				representative.
a. When a request without
				known prior consent is received, the superintendent or designee shall not
				acknowledge the presence or nonpresence of an individual at the
				facility.
b. If the individual is
				in the facility, the superintendent or designee shall make the individual or
				the individual's parent, guardian, or legal representative aware of the
				request. Notice to the individual or the individual's parent, guardian, or
				legal representative shall be documented in the individual's record. The
				individual or the individual's parent, guardian, or legal representative shall
				be free to decide whether an interview is granted.
This rule is intended to implement Iowa Code sections 217.30
				  and 218.4.
Iowa Administrative Code › Agency 441 - Human Services Department › Title III - Mental Health › Chapter 28 - Policies for Mental Health Institutes and Resource Centers › Rule 441-28.7 - Use of Grounds, Facilities, or Equipment

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The superintendent or designee may grant
				permission for temporary use of assembly halls, auditoriums, meeting rooms, or
				facility grounds to an organization or group of citizens when the space or
				grounds are available and are not needed for regular scheduled departmental
				services.
(2) Members of outside
				organizations permitted to use a facility's space or grounds shall observe the
				same rules as visitors to the facility.
This rule is intended to implement Iowa Code chapter
				  218.
Iowa Administrative Code › Agency 441 - Human Services Department › Title III - Mental Health › Chapter 28 - Policies for Mental Health Institutes and Resource Centers › Rule 441-28.8 - Tours of Facility

Current through Register Vol. 47, No. 3, July 24, 2024
Groups or persons shall be permitted to tour the facility
				  only with approval of the superintendent or designee.
This rule is intended to implement Iowa Code section
				  218.4.
Iowa Administrative Code › Agency 441 - Human Services Department › Title III - Mental Health › Chapter 28 - Policies for Mental Health Institutes and Resource Centers › Rule 441-28.9 - Donations

Current through Register Vol. 47, No. 3, July 24, 2024
Donations of money, clothing, books, games, recreational
				  equipment or other gifts shall be made directly to the superintendent or
				  designee. The superintendent or designee shall evaluate the donation in terms
				  of the nature of the contribution to the facility's program. The superintendent
				  or designee shall be responsible for accepting the donation and reporting the
				  gift to the division administrator. All monetary gifts shall be acknowledged in
				  writing to the donor.
This rule is intended to implement Iowa Code chapter
				  218.
Iowa Administrative Code › Agency 441 - Human Services Department › Title III - Mental Health › Chapter 28 - Policies for Mental Health Institutes and Resource Centers › Rule 441-28.12 - Release of Confidential Information

Current through Register Vol. 47, No. 3, July 24, 2024
Information defined by statute as confidential concerning
				  individuals who currently receive or formerly received services from the mental
				  health institutes or resource centers shall not be released to a person, agency
				  or organization that is not authorized by law to have access to the information
				  unless the individual, parent, guardian, or legal representative authorizes the
				  release. Authorization shall be given by using Form 470-3951, Authorization to
				  Obtain or Release Health Care Information.
This rule is intended to implement Iowa Code section
				  217.30.
Iowa Administrative Code › Agency 441 - Human Services Department › Title III - Mental Health › Chapter 28 - Policies for Mental Health Institutes and Resource Centers › Rule 441-28.13 - Applying County Institutional Credit Balances

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Definition of credit balance.
				A
county institutional credit balance occurs when a county has paid a
				debt from a state institution or an institutional program and it is later
				determined that all or part of the debt was not the county's responsibility.
				Only when an institutional debit balance has been paid by a county and all or
				part of the paid debit has been determined not to be the responsibility of the
				county can the resulting county credit be used to reduce existing or future
				institutional debit balances.
(2)
Order of application.
County institutional credits shall be
				applied in the following order until all credits are exhausted or refunded:
a. A credit shall first be applied to the
				patient's or resident's account at the same institution that generated the
				credit.
b. If any credit remains
				after application to the patient's or resident's account, the remaining credit
				shall be applied to any outstanding charges at the same institution that
				generated the credit.
c. Any
				remaining credit, after application to the patient's or resident's account and
				to the same institution that generated the credit, shall be applied to an
				outstanding balance at another state institution.
(1) If a credit generated by an institution
				or institutional program under net budgeting is to be applied to an institution
				or institutional program not under net budgeting, then a transfer of funds
				shall be made from the applicable institutional fund or institutional program
				under net budgeting to the state general fund.
(2) If a credit generated by an institution
				that is not under net budgeting is to be applied to an institution or
				institutional program under net budgeting, the county may seek a refund by
				filing a claim to the state appeal board pursuant to 543-Chapter 3, or the
				county may allow the credit to remain outstanding until the county has an
				additional debt at a state institution or institutional program that is not
				under net budgeting.
(3) If a
				credit generated by an institution or institutional program under net budgeting
				is to be applied to another institution or institutional program under net
				budgeting, then the transfer of funds between the applicable net budgeting
				funds or programs shall be made through an accounting journal entry.
d. If any credit remains after
				applying credits as stated in paragraphs
"a"
to
"c,
				"
the county with the remaining credit may seek a refund by filing a
				claim to the state appeal board pursuant to 543-Chapter 3, or the county may
				allow the credit to remain outstanding until such time as the county has an
				additional state institution or an institutional program debt.
This rule is intended to implement Iowa Code section
				  218.78.
Iowa Administrative Code › Agency 441 - Human Services Department › Title III - Mental Health › Chapter 29 - Mental Health Institutes › Rule 441-29.1 - Voluntary Admissions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Application form.
Any individual who has symptoms of mental
				illness may apply for voluntary inpatient treatment or voluntary outpatient or
				day treatment using Form 470-0420, Application for Voluntary Admission to a
				Mental Health Institute.
(2)
Minors.
A parent, guardian, or legal representative of a minor
				individual may make application for the individual's voluntary admission
				directly to the mental health institute using Form 470-0420, Application for
				Voluntary Admission to a Mental Health Institute. When a minor objects to the
				admission and the chief medical officer of the mental health institute
				determines that the admission is appropriate, the parent, guardian, or
				custodian must petition the juvenile court for approval of admission before the
				minor shall be admitted.
(3)
County approval.
When an adult individual or a person
				responsible for the individual wishes to apply for voluntary admission and is
				unable to pay the cost of care, application for admission shall be made to and
				authorized through the central point of coordination or regional administrator
				for the individual's county of residence before application for admission shall
				be made to the mental health institute. Authorization for admission shall be
				provided by the signature of one or more officially designated agents of the
				county board of supervisors using Form 470-0420, Application for Voluntary
				Admission to a Mental Health Institute, before the form is forwarded to the
				mental health institute.
Iowa Administrative Code › Agency 441 - Human Services Department › Title III - Mental Health › Chapter 29 - Mental Health Institutes › Rule 441-29.2 - Certification of County of Residence

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Certification data.
By
				the end of the next working day following a non-Medicaid payment-eligible adult
				individual's admission, the facility shall send a copy of Form 470-4161, DHS
				MHI Admission Core Data, by facsimile to the regional administrator for the
				county of admission.
(2)
County response.
For adult cases where the admitting county
				does not dispute the individual's county of residence, no further response is
				needed. If the admitting county disputes the applicant's affirmation of county
				of residence, the county or its officially designated agent shall be
				responsible for resolving the dispute using the dispute resolution process in
				Iowa Code section
				331.394.
				If the state disputes the individual's affirmation of county of residence, the
				state shall be responsible for initiating the dispute resolution
				process.
Iowa Administrative Code › Agency 441 - Human Services Department › Title III - Mental Health › Chapter 29 - Mental Health Institutes › Rule 441-29.3 - Charges for Care

Current through Register Vol. 47, No. 3, July 24, 2024
The rates for cost of hospitalization are established by the
				  division administrator and shall be available by contacting the business
				  manager of the mental health institute.
(1) Individuals requesting voluntary
				admission without going through the regional administrator process shall be
				required to pay the cost of hospitalization in advance. This cost shall be
				computed at 30 times the last per diem rate and shall be collected weekly in
				advance upon admission. The weekly amount due shall be determined by dividing
				the monthly rate by 4.3.
(2) The
				facility shall bill each county for services provided to individuals chargeable
				to the county during the preceding calendar quarter as required in Iowa Code
				section
				230.20.
				In determining the charges for services, direct medical services shall include:
a. X-ray services.
b. Laboratory services.
c. Dental services.
d. Electroconvulsive treatment
				(ECT).
e. Electrocardiogram
				(EKG).
f. Basal metabolism rate
				(BMR).
g. Pharmaceutical
				services.
h. Physical
				therapy.
i. Electroencephalograph
				(EEG).
j. Outside physician and
				hospital services billed to the mental health institutes.
k. Optometric services.
l. Outside ambulance services billed to the
				mental health institutes.
Iowa Administrative Code › Agency 441 - Human Services Department › Title III - Mental Health › Chapter 29 - Mental Health Institutes › Rule 441-29.4 - Charges for Care

Current through Register Vol. 47, No. 3, July 24, 2024
The rates for cost of hospitalization are established by the
				  division administrator and shall be available by contacting the business
				  manager of the mental health institute that serves the catchment area in which
				  the individual's county of residence is located.
(1) Individuals requesting voluntary
				admission without going through the central point of coordination or regional
				administrator process shall be required to pay the cost of hospitalization in
				advance. This cost shall be computed at 30 times the last per diem rate and
				shall be collected weekly in advance upon admission. The weekly amount due
				shall be determined by dividing the monthly rate by 4.3.
(2) The facility shall bill each county for
				services provided to individuals chargeable to the county during the preceding
				calendar quarter as required in Iowa Code section
				230.20.
				In determining the charges for services, direct medical services shall include:
a. X-ray services.
b. Laboratory services.
c. Dental services.
d. Electroconvulsive treatment
				(ECT).
e. Electrocardiogram
				(EKG).
f. Basal metabolism rate
				(BMR).
g. Pharmaceutical
				services.
h. Physical
				therapy.
i. Electroencephalograph
				(EEG).
j. Outside physician and
				hospital services billed to the mental health institutes.
k. Cytometric services.
l. Outside ambulance services billed to the
				mental health institutes.
Iowa Administrative Code › Agency 441 - Human Services Department › Title III - Mental Health › Chapter 29 - Mental Health Institutes › Rule 441-29.5 - Rights of Individuals

Current through Register Vol. 47, No. 3, July 24, 2024
An individual receiving care from a state mental health
				  institute shall have the following rights.
(1)
Information.
An
				individual receiving care from a state mental health institute shall have the
				right to:
a. Receive an explanation and
				written copy of the rules of the facility.
b. Be provided information on the provisions
				of law pertaining to admission to and discharge from the facility.
c. Receive an explanation of the individual's
				medical condition and be informed as to treatment plans and the attendant risks
				of treatment.
d. Be provided with
				complete and current information concerning the individual's diagnosis,
				treatment, and progress in terms and language understandable to the
				individual.
e. Have the information
				required in this subrule made available to the individual's parent, guardian,
				or legal representative when it is not feasible to give the information
				directly to the individual.
Iowa Administrative Code › Agency 441 - Human Services Department › Title III - Mental Health › Chapter 29 - Mental Health Institutes › Rule 441-29.6 - Visiting

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Visiting hours
				shall be posted in each facility.
The physician may designate exceptions for special hours on
				  an individual or ward basis. Therapy for the individual shall take precedence
				  over visiting. Visiting shall not interfere with the individual's treatment
				  program or meals.
(2) A
				visit shall be terminated when behavior on the part of the individual or
				visitor is disruptive to the individual's treatment plan.
(3) Visiting on grounds shall be permitted
				when the individual has a grounds pass.
(4) Visitors wishing to take an individual
				off grounds shall receive prior approval from the attending
				physician.
(5) All visitors shall
				obtain a visitor's pass at the switchboard or another area as designated by the
				superintendent and posted. The pass shall be given to a ward employee before
				the visitor is allowed on the ward.
(6) Persons under 12 years of age shall not
				visit on the ward.
Iowa Administrative Code › Agency 441 - Human Services Department › Title III - Mental Health › Chapter 29 - Mental Health Institutes › Rule 441-29.7 - Visiting

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Visiting hours
				on Monday through Friday are from 12 noon to 8 p.m. and are from 10 a.m. to 8
				p.m. on Saturday, Sunday, and holidays. Visiting hours shall be posted in each
				facility.
The physician may designate exceptions for special hours on
				  an individual or ward basis. Therapy for the individual shall take precedence
				  over visiting. Visiting shall not interfere with the individual's treatment
				  program or meals.
(2) A
				visit shall be terminated when behavior on the part of the individual or
				visitor is disruptive to the individual's treatment plan.
(3) Visiting on grounds shall be permitted
				when the individual has a grounds pass.
(4) Visitors wishing to take an individual
				off grounds shall receive prior approval from the attending
				physician.
(5) All visitors shall
				obtain a visitor's pass at the switchboard or another area as designated by the
				superintendent and posted. The pass shall be given to a ward employee before
				the visitor is allowed on the ward.
(6) Persons under 12 years of age shall not
				visit on the ward.
Iowa Administrative Code › Agency 441 - Human Services Department › Title III - Mental Health › Chapter 30 - State Resource Centers › Rule 441-30.1 - Catchment Areas

Current through Register Vol. 47, No. 3, July 24, 2024
The catchment areas for the two state resource centers shall
				  be as follows.
(1)
Glenwood.
Adair, Adams, Appanoose, Audubon, Benton, Carroll,
				Cass, Cedar, Cherokee, Clarke, Clinton, Crawford, Davis, Decatur, Des Moines,
				Fremont, Greene, Guthrie, Harrison, Henry, Ida, Iowa, Jefferson, Johnson,
				Jones, Keokuk, Lee, Linn, Louisa, Lucas, Lyon, Mahaska, Mills, Monona, Monroe,
				Montgomery, Muscatine, Page, Plymouth, Pottawattamie, Ringgold, Sac, Scott,
				Shelby, Sioux, Taylor, Union, Van Buren, Wapello, Washington, Wayne, and
				Woodbury Counties form the catchment area for the Glenwood resource center. An
				individual may be admitted to a state resource center in another catchment area
				if the state resource center in another catchment area has a more suitable
				opening.
(2)
Woodward.
Allamakee, Black Hawk, Boone, Bremer, Buchanan,
				Buena Vista, Butler, Calhoun, Cerro Gordo, Chickasaw, Clay, Clayton, Dallas,
				Delaware, Dickinson, Dubuque, Emmet, Fayette, Floyd, Franklin, Grundy,
				Hamilton, Hancock, Hardin, Howard, Humboldt, Jackson, Jasper, Kossuth, Madison,
				Marion, Marshall, Mitchell, O'Brien, Osceola, Palo Alto, Pocahontas, Polk,
				Poweshiek, Story, Tama, Warren, Webster, Winnebago, Winneshiek, Worth, and
				Wright Counties form the catchment area for the Woodward resource center. An
				individual may be admitted to a state resource center in another catchment area
				if the state resource center in another catchment area has a more suitable
				opening.
This rule is intended to implement Iowa Code section
				  222.6.
Iowa Administrative Code › Agency 441 - Human Services Department › Title III - Mental Health › Chapter 30 - State Resource Centers › Rule 441-30.2 - Admission

Current through Register Vol. 47, No. 3, July 24, 2024
Express written consent of the individual or the individual's
				  parent, guardian, or legal representative shall be secured before
				  admission.
(1)
Application for
				an adult.
Applications for the care, treatment, or evaluation of an
				adult individual by a resource center shall be made through the regional
				administrator for the board of supervisors of the individual's county of
				residence. Authorization for the submission of the application shall be
				provided by the signature of one or more officially designated agents for the
				county board of supervisors.
a. The
				application shall be made using Form 470-4402, Application for Admission to a
				State Resource Center, and shall be accompanied by:
(1) Completed Form 470-4403, Resource Center
				Agreement and Consent for Services, and
(2) Other information specifically requested
				in writing by the resource center.
Iowa Administrative Code › Agency 441 - Human Services Department › Title III - Mental Health › Chapter 30 - State Resource Centers › Rule 441-30.3 - Non-medicaid Payment-eligible Individuals

Current through Register Vol. 47, No. 3, July 24, 2024
The cost for the care, as determined in Iowa Code sections
				  222.73,
				  222.74, and
				  222.75,
				  for an individual who is not Medicaid payment eligible shall be the
				  responsibility of the individual's county of residence. All disputes regarding
				  the county of residence of an individual shall be resolved using the dispute
				  resolution process in Iowa Code section
				  331.394.
Iowa Administrative Code › Agency 441 - Human Services Department › Title III - Mental Health › Chapter 30 - State Resource Centers › Rule 441-30.4 - Liability for Support

Current through Register Vol. 47, No. 3, July 24, 2024
The liability of any person, other than the individual, who
				  is legally bound for the support of any individual under 18 years of age shall
				  be determined in the same manner as parent liability in rule
				  441-156.2
				  (234), except that the maximum liability shall not exceed the standards for
				  personal allowances established by the department under the family investment
				  program. This rule is intended to implement Iowa Code section
				  222.78.
Iowa Administrative Code › Agency 441 - Human Services Department › Title III - Mental Health › Chapter 30 - State Resource Centers › Rule 441-30.5 - Rights of Individuals

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Information.
An individual receiving care from a state
				resource center shall have the right
to:
a. Receive an
				explanation and written copy of the rules of the facility.
b. Receive an explanation of the individual's
				medical condition, developmental status, and behavioral status, and be informed
				as to treatment plans and the attendant risks of treatment.
Iowa Administrative Code › Agency 441 - Human Services Department › Title III - Mental Health › Chapter 30 - State Resource Centers › Rule 441-30.6 - Visiting

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Individuals are
				encouraged and shall be able to receive visits from persons of the individual's
				choice and at times desired by the individual. At the individual's choice, the
				individual's parents, guardian, or legal representative or other members of the
				individual's family may visit without prior notice given to the
				facility.
(2) Visits determined by
				the individual's treatment to be inappropriate or disruptive to the
				individual's treatment plan or the health and safety of other individuals may
				be denied or terminated.
(3) An
				individual or other person denied visitation may file a grievance through the
				facility's grievance process.
Iowa Administrative Code › Agency 441 - Human Services Department › Title III - Mental Health › Chapter 31 - Civil Commitment Unit for Sexual Offenders › Rule 441-31.2 - Visitation

Current through Register Vol. 47, No. 3, July 24, 2024
Visitation is considered part of the individual's therapeutic
				  program. Visits are expected to benefit the individual's treatment goals while
				  meeting the security needs of the facility and ensuring the safety of the
				  individual and the visitor.
(1)
Approval of visitor.
All persons wishing to visit a committed
				individual who is residing at the facility or is in a transition phase shall
				have prior approval of the facility administrator before a visit shall be
				permitted.
a.
Questionnaire and
				background check.
Before being approved to visit, all visitors shall
				complete a visitor questionnaire and undergo a background check to determine
				if:
(1) The visitor has been a victim of the
				individual;
(2) The visitor has a
				significant criminal background;
(3) The visitor will not hinder the
				individual's treatment; or
(4) The
				visitor will be a part of the individual's support team.
Iowa Administrative Code › Agency 441 - Human Services Department › Title III - Mental Health › Chapter 31 - Civil Commitment Unit for Sexual Offenders › Rule 441-31.3 - Group Visitation

Current through Register Vol. 47, No. 3, July 24, 2024
Groups of persons from the general public who wish to visit
				  the facility shall submit a written request and shall be subject to the same
				  security review process as all other visitors.
(1)
Request to visit.
A
				group wishing to visit the facility shall submit a written request to the
				facility administrator at least one month in advance of the requested visit.
				The request shall state the purpose of the visit and the expected therapeutic
				benefit for the individuals.
(2)
Visitor questionnaire.
Each person in the group shall complete
				a visitor questionnaire and shall undergo a background check to determine if:
a. The person has been a victim of the
				individual;
b. The person has a
				significant criminal background;
c.
				The person will not hinder the individual's treatment; or
d. The person will be a part of the
				individual's support team.
Iowa Administrative Code › Agency 441 - Human Services Department › Title III - Mental Health › Chapter 31 - Civil Commitment Unit for Sexual Offenders › Rule 441-31.4 - Grievances

Current through Register Vol. 47, No. 3, July 24, 2024
Any individual who believes the individual's rights have been
				  violated or who has a complaint concerning the individual's treatment may file
				  a grievance using a form approved by the facility administrator The
				  individual's family or guardian may file a grievance on behalf of the
				  individual by submitting the grievance in writing to the facility administrator
				  This rule is intended to implement Iowa Code chapter 229A.
Iowa Administrative Code › Agency 441 - Human Services Department › Title III - Mental Health › Chapter 31 - Civil Commitment Unit for Sexual Offenders › Rule 441-31.5 - Photographing and Recording Individuals

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Visitors.
Visitors shall
				not be allowed to bring any camera or video or audio recording devices into the
				facility. An individual who wants to have a photograph taken with a visitor
				shall request prior permission from the individual's treatment team and make
				arrangements for paying the cost of the photograph.
a. With approval of the treatment team, a
				facility employee will take the photograph using facility equipment. The
				facility shall provide the photograph to the individual requesting it. The
				individual shall be responsible for distribution of the photograph.
b. The facility shall not be liable for any
				further use or distribution of the photograph made by the individual or by
				anyone else who comes into possession of the photograph.
Iowa Administrative Code › Agency 441 - Human Services Department › Title III - Mental Health › Chapter 31 - Civil Commitment Unit for Sexual Offenders › Rule 441-31.6 - Release of Information

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Release to news media.
The facility administrator shall be
				responsible for the release to the news media of information pertaining to the
				facility. Authority for dissemination and release of information may be
				designated to other employees at the discretion of the facility
				administrator
(2)
Release
				of confidential information.
Information concerning individuals
				currently or formerly at the facility which is defined by statute as
				confidential shall not be released to a person, agency or organization that is
				not authorized by law to have access to the information unless the individual
				authorizes the release. Authorization may be given by using Form 470-3951,
				Authorization to Obtain or Release Health Care Information.
This rule is intended to implement Iowa Code chapter
				  229A.
Iowa Administrative Code › Agency 441 - Human Services Department › Title III - Mental Health › Chapter 31 - Civil Commitment Unit for Sexual Offenders › Rule 441-31.7 - Communication With Individuals

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Incoming telephone
				calls.
a. The individual's treatment
				team shall determine an approved caller list for each individual based on the
				individual's request for approval. Incoming calls shall not be approved from a
				person who:
(1) Has been a victim of the
				individual,
(2) Is a registered sex
				offender, or
(3) Has been
				determined by the individual's treatment team as a person whose communication
				is counter-therapeutic to the individual's treatment plan.
Iowa Administrative Code › Agency 441 - Human Services Department › Title III - Mental Health › Chapter 31 - Civil Commitment Unit for Sexual Offenders › Rule 441-31.8 - Building and Grounds

Current through Register Vol. 47, No. 3, July 24, 2024
The facility's building and grounds shall not be available
				  for general public use.
This rule is intended to implement Iowa Code chapter
				  229A.
Iowa Administrative Code › Agency 441 - Human Services Department › Title III - Mental Health › Chapter 31 - Civil Commitment Unit for Sexual Offenders › Rule 441-31.9 - Gifts and Bequests

Current through Register Vol. 47, No. 3, July 24, 2024
Gifts or bequests of money, clothing, books, games,
				  recreational equipment or other gifts shall be made directly to the facility
				  administrator.
(1)
Evaluation.
The facility administrator or designee shall
				evaluate the gift or bequest in terms of the nature of the contribution to the
				facility program.
(2)
Acceptance.
The facility administrator shall be responsible
				for accepting the gift or bequest and reporting it to the division
				administrator.
a. All monetary gifts or
				bequests shall be acknowledged in writing to the donor.
b. All gifts or bequests with a value of $50
				or more shall be reported to the Iowa ethics and campaign disclosure board
				within 20 days of receipt of the gift or bequest using the board's Form-GB.
This rule is intended to implement Iowa Code section
				  8.7.
Iowa Administrative Code › Agency 441 - Human Services Department › Title III - Mental Health › Chapter 31 - Civil Commitment Unit for Sexual Offenders › Rule 441-31.10 - Cost of Care

Current through Register Vol. 47, No. 3, July 24, 2024
The facility shall seek to recover the full cost or a portion
				  of the cost of care from the individual or another responsible person. The cost
				  of the individual's care shall be determined for each fiscal year included in
				  the length of stay using the average per diem cost multiplied by the total
				  number of days of care.
(1)
Social security benefits.
The facility shall seek recovery
				from the individual when the individual receives a benefit pursuant to the
				Social Security Act. In such case, the individual shall be allowed to retain
				for personal use an amount equal to the personal allowance amount established
				by the Social Security Administration.
(2)
Other income.
The
				facility shall seek recovery from the individual when the individual has other
				income; a trust fund; individually owned real estate, stocks, bonds, savings
				account, checking account, or certificate of deposit; an individual retirement
				account; or proceeds from the disposal of real estate or other
				property.
(3)
Other person
				legally liable.
The facility shall seek recovery from a person who is
				legally liable for the support of the individual up to the amount of the
				person's legal liability. The facility shall seek recovery from a person who is
				bound by contract to support the individual up to the amount of the contract. A
				person legally liable to support the individual shall not include a political
				subdivision. This rule is intended to implement Iowa Code section
				229A.12.
Iowa Administrative Code › Agency 441 - Human Services Department › Title III - Mental Health › Chapter 34 - Alternative Diagnostic Facilities › Rule 441-34.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
Unless otherwise indicated, the following definitions shall
				  apply to the specific terms used in these rules:
"Alternative diagnostic facility"
means any
				  organization or individual designated by the county board of supervisors to
				  implement the preliminary diagnostic evaluation policy (Iowa Code section
				  225C.14
				 ) when a county is not served by a community mental health center capable of
				  the diagnostic evaluations. An alternative diagnostic facility may be the
				  outpatient service of a state mental health institute or any organization or
				  individual able to furnish the requisite skills and to meet the standards set
				  forth in this chapter by the mental health and disability services
				  commission.
"Mental health professional"
means an
				  individual who has either of the following qualifications:
1. The individual meets all of the following
				  requirements:
* Holds at least a master's degree in a mental health field,
				  including, but not limited to, psychology, counseling, guidance, nursing, or
				  social work; or is an advanced registered nurse practitioner, a physician
				  assistant, or a physician and surgeon; or is an osteopathic physician and
				  surgeon.
* Holds a current Iowa license if practicing in a field
				  covered by an Iowa licensure law.
* Has at least two years of postdegree clinical experience,
				  supervised by another mental health professional, in assessing mental health
				  needs and problems and in providing appropriate mental health services.
2. The individual holds a current Iowa license if practicing
				  in a field covered by an Iowa licensure law and is a psychiatrist, an advanced
				  registered nurse practitioner who holds national certification in psychiatric
				  mental health care and is licensed by the board of nursing, a physician
				  assistant practicing under the supervision of a psychiatrist, or an individual
				  who holds a doctorate degree in psychology and is licensed by the board of
				  psychology.
"Preliminary diagnostic evaluation"
means an
				  assessment of a person's mental health problems and needs in order to determine
				  the most appropriate service for the person. The evaluation includes, but is
				  not limited to, an assessment of the individual's needs, abilities,
				  disabilities, and relevant environmental factors. Where possible, there is
				  collaboration with the individual's family or significant others as
				  appropriate.
Iowa Administrative Code › Agency 441 - Human Services Department › Title III - Mental Health › Chapter 34 - Alternative Diagnostic Facilities › Rule 441-34.2 - Function

Current through Register Vol. 47, No. 3, July 24, 2024
An alternative diagnostic facility shall:
(1) Perform a preliminary diagnostic
				evaluation of a person who is being considered for admission to a state mental
				health institute on a voluntary basis pursuant to Iowa Code chapter 229 in
				order to:
a. Confirm that admission of the
				person to a state mental health institute is appropriate to the person's mental
				health needs, and that no suitable alternative method of providing the needed
				services in a less restrictive setting, in or nearer to the person's home
				community, is currently available. When results of the evaluation indicate that
				admission to the mental health institute is appropriate, the evaluator shall
				inform the institute of the results.
b. Confirm that admission to a state mental
				health institute is not appropriate to the person's mental health needs. When
				results of the evaluation indicate that a treatment program, other than that of
				a state mental health institute, is more appropriate, and the individual
				agrees, the evaluator shall make arrangements with the alternative program to
				accept the referral.
Iowa Administrative Code › Agency 441 - Human Services Department › Title III - Mental Health › Chapter 34 - Alternative Diagnostic Facilities › Rule 441-34.3 - Standards

Current through Register Vol. 47, No. 3, July 24, 2024
In order to be designated as an alternative diagnostic
				  facility, a facility shall meet the following standards:
(1) The facility shall have clearly defined
				lines of authority and accountability so that a contractual agreement may be
				entered into with a county for the provision of preliminary diagnostic
				evaluations.
(2) The preliminary
				diagnostic evaluation shall be performed by a mental health professional within
				a reasonable time frame, not to exceed 48 hours.
(3) The mental health professional shall be
				familiar with the mental health institute serving the area and with the
				treatment resources of the community served.
(4) The facility shall have written
				procedures for timely reporting of results of evaluations to the selected
				treatment resource.
(5) The
				facility shall have written policies and procedures to safeguard the consumer's
				right to treatment, confidentiality, and freedom of choice. The policies and
				procedures shall be in conformance with federal and state laws and
				rules.
(6) The facility shall have
				written procedures for fees for services.
(7) The facility shall comply with procedures
				for uniform reporting of statistical data as established by the division of
				mental health and disability services.
(8) The facility shall comply with the
				standards for the maintenance and operation of public and private facilities
				offering services to persons with mental illness as adopted by the mental
				health and disability services commission.
Iowa Administrative Code › Agency 441 - Human Services Department › Title III - Mental Health › Chapter 36 - Facility Assessments › Rule 441-36.1 - Assessment of Fee

Current through Register Vol. 47, No. 3, July 24, 2024
Intermediate care facilities for persons with an
				  intellectual disability (ICFs/ID) licensed in Iowa under 481-Chapter 64,
				  including facilities not certified to participate in the Medicaid program,
				  shall pay a quarterly fee to the department. Effective July 1, 2016, the fee
				  shall equal 5.5 percent of actual paid claims, from all sources, for the
				  facility's preceding quarter.
Iowa Administrative Code › Agency 441 - Human Services Department › Title III - Mental Health › Chapter 36 - Facility Assessments › Rule 441-36.2 - Determination and Payment of Fee

Current through Register Vol. 47, No. 3, July 24, 2024
For all ICFs/ID licensed in Iowa under 481-Chapter 64,
				  including facilities not certified to participate in the Medicaid program, the
				  fee shall be determined and paid as follows:
(1) Each facility shall pay the assessment to
				the department on a quarterly basis. The facility shall:
a. Use Form 470-5422 to calculate the
				quarterly fee due.
b. Submit Form
				470-5422 and the quarterly fee no later than 30 days following the end of each
				calendar quarter.
Iowa Administrative Code › Agency 441 - Human Services Department › Title III - Mental Health › Chapter 36 - Facility Assessments › Rule 441-36.4 - Termination of Fee Assessment

Current through Register Vol. 47, No. 3, July 24, 2024
If federal financial participation to match the assessed fee
				  becomes unavailable under federal law, the assessment terminates on the date
				  the federal statutory, regulatory, or interpretive change takes
				  effect.
Iowa Administrative Code › Agency 441 - Human Services Department › Title III - Mental Health › Chapter 36 - Facility Assessments › Rule 441-36.6 - Assessment

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Applicability.
All nursing facilities as defined in Iowa Code
				section
				135C.1 that are
				free-standing facilities or are operated by a hospital licensed pursuant to
				Iowa Code chapter 135B shall pay a quarterly assessment to the department, as
				determined under this division, with the exception of:
a. Nursing facilities operated by the
				state.
b. Non-state
				government-owned or government-operated nursing facilities.
c. Distinct-part skilled nursing units and
				swing-bed units operated by a hospital.
Iowa Administrative Code › Agency 441 - Human Services Department › Title III - Mental Health › Chapter 36 - Facility Assessments › Rule 441-36.7 - Determination and Payment of Assessment

Current through Register Vol. 47, No. 3, July 24, 2024
The assessment shall be determined and paid as
				  follows:
(1) Each nursing facility
				shall pay the quality assurance assessment to the department on a quarterly
				basis. The facility shall:
a. Use Form
				470-4836 to calculate the quarterly assessment amount due.
b. Submit Form 470-4836 and the quarterly
				assessment payment no later than 30 days following the end of each calendar
				quarter.