reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 155 - Licensure Standards for Substance Use Disorder and Problem Gambling Treatment Programs › Rule 641-155.12 - Contested Case Hearing

Current through Register Vol. 47, No. 3, July 24, 2024
An applicant or licensee may contest the denial, suspension or
				revocation of a license by requesting a hearing before an administrative law
				judge from the department of inspections and appeals. The applicant or licensee
				will be notified by certified mail, return receipt requested, of the date of
				the hearing, no less than 30 days before the hearing.
(1)
Failure to appear.
If a
			 party fails to appear in a contested case hearing proceeding after proper
			 service of notice, the administrative law judge shall, in such a case, enter a
			 default judgment against the party failing to appear.
(2)
Conduct of hearing.
Opportunity shall be afforded all parties to respond and present evidence and
			 argument on all issues involved and to be represented by counsel at their own
			 expense.
a. The hearing shall be informal, and
			 all relevant evidence shall be admissible. Effect will be given to the rules of
			 privilege recognized by law. Objections to evidentiary offers may be made and
			 shall be noted in the record. When the hearing will be expedited and the
			 interests of the parties will not be prejudiced substantially, any part of the
			 evidence may be required to be submitted in verified written form.
b. Documentary evidence may be received in
			 the form of copies or excerpts if the original is not readily available. Upon
			 request, parties shall be given an opportunity to compare the copy with the
			 original, if available.
c.
			 Witnesses present at the hearing shall be subject to cross-examination by any
			 party as necessary for a full and true disclosure of the facts.
d. The record in a contested case shall
			 include:
(1) All pleadings, motions and
			 intermediate rulings.
(2) All
			 evidence received or considered and all other submissions.
(3) A statement of all matters officially
			 noticed.
(4) All questions and
			 offers of proof, objections and rulings therein.
(5) All proposed findings and
			 exceptions.
(6) Any decision,
			 opinion or report by the administrative law judge presiding at the
			 hearing.
e. Oral
			 proceedings shall be open to the public and shall be recorded either by
			 mechanized means or by certified shorthand reporters. Oral proceedings or any
			 part thereof shall be transcribed at the request of any party with the expense
			 of the transcription charged to the requesting party. The recording or
			 stenographic notes of oral proceedings or the transcription thereof shall be
			 filed with and maintained by the agency for at least five years from the date
			 of decision.
f. Findings of fact
			 shall be based solely on the evidence in the record and on matters officially
			 noticed in the record.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 155 - Licensure Standards for Substance Use Disorder and Problem Gambling Treatment Programs › Rule 641-155.13 - Rehearing Application

Current through Register Vol. 47, No. 3, July 24, 2024
Any party may file an application for rehearing, stating the
				specific grounds therefor and the relief sought, within 20 days after the
				issuance of any final decision by the board in a contested case. A copy of such
				application for rehearing shall be timely mailed by the applicant to all
				parties of record not joining therein. Such an application for rehearing shall
				be deemed to have been denied unless the board grants the application within 20
				days after its filing.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 155 - Licensure Standards for Substance Use Disorder and Problem Gambling Treatment Programs › Rule 641-155.14 - Judicial Review

Current through Register Vol. 47, No. 3, July 24, 2024
review. An applicant or licensee that is aggrieved or adversely
				affected by the board's final decision and that has exhausted all adequate
				administrative remedies may seek judicial review of the board's decision
				pursuant to and in accordance with Iowa Code section
				17A.19.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 155 - Licensure Standards for Substance Use Disorder and Problem Gambling Treatment Programs › Rule 641-155.15 - Issuance of a License After Denial, Suspension or Revocation

Current through Register Vol. 47, No. 3, July 24, 2024
After denial, suspension, or revocation of a license, the
				former applicant or licensee shall not have a license issued within one year of
				the effective date of the denial, suspension or revocation. After one year, the
				former applicant or licensee may submit an application for a 270-day initial
				license. For purposes of this rule, "former applicant or licensee" shall
				include any director, officer, administrator, chief executive officer, or other
				managing staff of the former applicant or licensee.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 155 - Licensure Standards for Substance Use Disorder and Problem Gambling Treatment Programs › Rule 641-155.17 - License Revision

Current through Register Vol. 47, No. 3, July 24, 2024
A licensee shall submit a written request to the division to
				revise a license at least 30 days prior to any change of address, executive
				director, clinical oversight staff, facility, or licensed program service. The
				division will determine if the requested revision can be approved or if the
				change is significant enough to require the submission of an application for
				license renewal by the licensee.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 155 - Licensure Standards for Substance Use Disorder and Problem Gambling Treatment Programs › Rule 641-155.18 - Deemed Status

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Accreditation.
The committee shall approve a license under
			 deemed status for an applicant accredited by a recognized national
			 accreditation body when the committee determines that the accreditation is for
			 the same licensed program services as those addressed by these rules and when
			 such accreditation is consistent with these rules.
a. An applicant for a license under deemed
			 status shall submit a copy of the entire accreditation body survey or
			 inspection report, certificate of accreditation, accreditation conditions, and
			 corrective action requirements and plans with the applicant's
			 application.
b. The committee may
			 accept the division's review of an accreditation body's survey or inspection
			 report, certificate of accreditation, and conditions or corrective action plans
			 as meeting the requirements for inspection for those licensed program services
			 described in these rules.
c. An
			 applicant for a license under deemed status shall be licensed only for licensed
			 program services that are described in these rules.
d. A program licensed under deemed status
			 shall be licensed for the same period of time as that for which the program is
			 accredited, up to three years.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 155 - Licensure Standards for Substance Use Disorder and Problem Gambling Treatment Programs › Rule 641-155.19 - Funding

Current through Register Vol. 47, No. 3, July 24, 2024
The issuance of a license shall not be construed as a
				commitment on the part of either the state or federal government to provide
				funds to such licensee.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 155 - Licensure Standards for Substance Use Disorder and Problem Gambling Treatment Programs › Rule 641-155.20 - Inspection

Current through Register Vol. 47, No. 3, July 24, 2024
An applicant or licensee agrees as a condition of licensure:
(1) To permit properly designated
			 representatives of the department to enter into and inspect any and all
			 programs and facilities for which a license has been applied or issued to
			 verify information contained in the application or to ensure compliance with
			 all laws, rules, and regulations relating thereto, during all hours of
			 operation of said applicant or licensee and at any other reasonable
			 hour.
(2) To permit properly
			 designated representatives of the department to audit and collect statistical
			 data from all records maintained by the applicant or licensee. An applicant or
			 licensee that does not permit inspection by the department or examination of
			 all records, including financial records, records pertaining to methods of
			 administration, general and special dietary programs, and the disbursement of
			 medications and methods of supply, and any other records the committee deems
			 relevant, shall not be licensed.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 155 - Licensure Standards for Substance Use Disorder and Problem Gambling Treatment Programs › Rule 641-155.21 - General Standards for All Programs

Current through Register Vol. 47, No. 3, July 24, 2024
The following standards shall apply to all programs. For
				programs for which both the general standards and specific standards apply,
				both sets of standards shall be met.
(1)
Governing body.
The
			 program shall have a formally designated governing body that complies with Iowa
			 Code chapter 504 and that is the ultimate authority for program operations.
a. The governing body shall develop and adopt
			 written bylaws and policies that define the powers and duties of the governing
			 body, its committees, its advisory groups, and the executive director. These
			 bylaws and policies shall be reviewed and revised by the governing body as
			 necessary.
b. The bylaws shall
			 minimally specify the following:
(1) The type
			 of membership;
(2) The term of
			 appointment;
(3) The frequency of
			 meetings;
(4) The attendance
			 requirements; and
(5) The quorum
			 necessary to transact business.
c. The governing body shall maintain minutes
			 of all meetings, and the minutes shall be available for review by the
			 department and shall include, but not necessarily be limited to:
(1) Date of the meeting;
(2) Names of members attending;
(3) Topics discussed; and
(4) Decisions reached and actions
			 taken.
d. The duties of
			 the governing body shall include, but may not be limited to:
(1) Appointment of a qualified executive
			 director, who shall have the responsibility and authority for the management of
			 the program in accordance with the governing body's established
			 policies;
(2) Establishment of
			 effective controls to ensure that quality services are provided;
(3) Review and approval of the program's
			 annual budget; and
(4) Approval of
			 all contracts.
e. The
			 governing body shall approve policies and procedures for the effective
			 operation of the program.
f. The
			 governing body shall be responsible for all funds, equipment, and supplies and
			 the facility in which the program operates. The governing body shall be
			 responsible for the appropriateness and adequacy of services provided by the
			 program.
g. The governing body
			 shall at least annually prepare a report, which shall include, but may not be
			 limited to:
(1) The name, address, occupation,
			 and place of employment of each governing body member;
(2) Disclosure of any family relationship a
			 member of the governing body has with a program staff member;
(3) The names and addresses of any owners or
			 controlling parties whether they are individuals, partnerships, a corporation
			 body, or a subdivision of other bodies;
(4) Disclosure of any potential conflict of
			 interest a member of the governing body may have.
h. The governing body shall ensure that the
			 program has malpractice, liability and workers' compensation insurance for all
			 staff and a fidelity bond that covers all staff.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 155 - Licensure Standards for Substance Use Disorder and Problem Gambling Treatment Programs › Rule 641-155.22 - Inpatient and Residential Program Facilities

Current through Register Vol. 47, No. 3, July 24, 2024
Specific standards apply for programs providing clinically
				managed low-intensity residential treatment, clinically managed
				medium-intensity residential treatment, clinically managed high-intensity
				residential treatment, medically monitored intensive inpatient treatment, and
				medically managed intensive inpatient treatment. The program's policies and
				procedures shall address each standard.
(1)
Health and fire safety
			 inspections.
Inpatient and residential programs shall comply with
			 applicable department of inspections and appeals rules; state fire marshal's
			 rules and fire ordinances; and applicable local health, fire, occupancy, and
			 safety regulations. The program shall maintain documentation of such
			 compliance.
a. Inpatient and residential
			 programs shall comply with standards for food service sanitation in accordance
			 with rules promulgated by the department of inspections and appeals pursuant to
			 481-Chapter 32 and Iowa Code chapter 137B.
b. The use of door locks or closed sections
			 shall be documented in written policies and procedures approved by the fire
			 marshal and governing body.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 155 - Licensure Standards for Substance Use Disorder and Problem Gambling Treatment Programs › Rule 641-155.23 - Specific Standards for Inpatient and Residential Programs

Current through Register Vol. 47, No. 3, July 24, 2024
The program's policies and procedures shall address each
				standard.
(1)
Hours of
			 operation.
Inpatient and residential programs shall operate seven days
			 per week, 24 hours per day.
(2)
Meals.
Inpatient and residential programs shall provide a
			 minimum of three meals per day to each patient. A program where patients are
			 not present during mealtime shall make provisions to make available the
			 necessary meals. Menus shall be prepared in consultation with a dietitian. If
			 patients are allowed to prepare meals, the program shall document conformity
			 with all commonly accepted policies and procedures of state health rules and
			 regulations and food hygiene.
(3)
Consultation with counsel.
Patients shall have opportunity for
			 and access to consultation with legal counsel at any reasonable time.
(4)
Visitation with family and
			 friends.
a. Each patient shall have
			 opportunities for continuing contact with family and friends. If such contact
			 is clinically contraindicated, it may be restricted. Any restriction shall be
			 approved by the treatment supervisor and the executive director. Justification
			 for the restriction shall be documented in the patient record. Any restriction
			 shall be reviewed within three calendar days by the treatment supervisor, who
			 may continue or end the restriction. Continuation of a restriction shall be
			 documented in the patient record and shall be reviewed by the treatment
			 supervisor every three calendar days.
b. The program shall establish visiting
			 hours, which shall be conspicuously displayed at the facility and in such a
			 manner to be visible to those entering the facility.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 155 - Licensure Standards for Substance Use Disorder and Problem Gambling Treatment Programs › Rule 641-155.24 - Specific Standards for Inpatient and Residential Programs Licensed to Provide Services to Juveniles

Current through Register Vol. 47, No. 3, July 24, 2024
Inpatient and residential programs that provide services to
				juveniles under the age of 18 shall also comply with the following standards.
				The program's policies and procedures shall address each standard.
(1)
Personal possessions.
A
			 program shall allow a patient to bring personal belongings. The program may
			 limit or supervise the use of these items. The program shall ensure that each
			 patient has adequate, clean, well-fitting, attractive, and seasonable clothing
			 as required for health, comfort, and physical well-being. The clothes should be
			 appropriate to the patient's individual needs, age, and sex.
(2)
Family involvement.
The
			 program shall encourage family involvement.
(3)
Money.
Money earned or
			 received as a gift or as an allowance by a patient shall be that patient's
			 personal property. The program shall maintain a separate accounting system for
			 patient money and shall address the patient's use of funds.
(4)
Discipline.
The
			 program's methods for control and discipline of juveniles shall be available to
			 all staff and to the juvenile's family. Staff shall be in control of and
			 responsible for discipline at all times. Discipline shall not include
			 withholding basic necessities such as food, clothing, or sleep.
a. The program shall prohibit staff or
			 patients from utilizing corporal punishment as a method of disciplining or
			 correcting patients. This policy shall be communicated in writing to all
			 staff.
b. The program's written
			 policies on behavior expectations shall be made available to the patient and
			 the patient's parent(s) or guardian, including:
(1) The general expectations of behavior,
			 including the program's rules and practices.
(2) The range of reasonable consequences that
			 may be used to deal with inappropriate behavior.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 155 - Licensure Standards for Substance Use Disorder and Problem Gambling Treatment Programs › Rule 641-155.25 - Specific Standards for Substance Use Assessment and Owi Evaluation-only Programs

Current through Register Vol. 47, No. 3, July 24, 2024
Programs that provide substance use assessment and OWI
				evaluation-only services shall also comply with the following standards. The
				program's policies and procedures shall address each standard.
(1) A program conducting OWI evaluations on
			 persons convicted of operating a motor vehicle while intoxicated (OWI) pursuant
			 to Iowa Code section
			 321J.2
			 and on persons whose driver's license or nonresident operating privileges are
			 revoked under Iowa Code chapter 321J shall do so in accordance with 641-Chapter
			 157.
(2) The program shall make its
			 fees public and shall inform potential patients of the fee at the time the
			 assessment or evaluation is scheduled.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 155 - Licensure Standards for Substance Use Disorder and Problem Gambling Treatment Programs › Rule 641-155.34 - Specific Standards for Enhanced Treatment Services

Current through Register Vol. 47, No. 3, July 24, 2024
Substance use disorder and problem gambling treatment programs
				licensed to provide enhanced treatment services shall also comply with the
				following standards. The program's policies and procedures shall address each
				standard.
(1)
Personnel.
The program shall meet the requirements in subrule
			 155.21(8). In addition:
a. The program's
			 policies and procedures shall include job descriptions for positions that
			 provide prevention services for substance use disorders and problem gambling,
			 treatment for substance use disorders and problem gambling, services for
			 medical conditions, and services for mental health conditions.
b. The program shall have staff on site who
			 are qualified to provide prevention and early intervention services for
			 substance use disorders and problem gambling, treatment for substance use
			 disorders and problem gambling, services for medical conditions, and services
			 for mental health conditions.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 155 - Licensure Standards for Substance Use Disorder and Problem Gambling Treatment Programs › Rule 641-155.36 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
The purpose of these rules is to outline procedures for
				conducting tuberculosis (TB) screening for health care workers and residents at
				substance use disorder and problem gambling treatment program facilities.
				Facilities will need to conduct a risk assessment to determine the risk
				classification of the facility and to identify appropriate screening criteria.
				The screening criteria are consistent with those of the U.S. Centers for
				Disease Control and Prevention (CDC), TB Elimination Division, as outlined in
				the MMWR December 30,2005/Vol. 54/No. RR-17, "Guidelines for Preventing the
				Transmission of
Mycobacterium tuberculosis
in Health-Care
				Settings, 2005."
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 155 - Licensure Standards for Substance Use Disorder and Problem Gambling Treatment Programs › Rule 641-155.38 - Tuberculosis Screening of Staff and Residents

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
TB risk assessment.
Annually, each facility shall conduct a TB risk assessment to evaluate the risk
			 for transmission of
M. tuberculosis,
regardless of whether a
			 person with suspected or confirmed TB disease is expected to be encountered in
			 the facility. The TB risk assessment shall be utilized to determine the types
			 of administrative, environmental, and respiratory protection controls needed
			 and serves as an ongoing evaluation tool of the quality of TB infection control
			 and for the identification of needed improvements in infection control
			 measures. The risk assessment shall include:
a. The community rate of TB,
b. The number of persons with infectious TB
			 encountered in the facility, and
c.
			 The speed with which persons with infectious TB are suspected, isolated, and
			 evaluated to determine if persons with infectious TB exposed staff or others in
			 the facility. TB cases include persons who had undiagnosed infectious pulmonary
			 or laryngeal TB while in the facility during the preceding year. This does not
			 include persons with LTBI (treated or untreated), persons with extrapulmonary
			 TB disease, or persons with pulmonary or laryngeal TB who have met criteria for
			 noninfectiousness.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 157 - Standards for Substance Abuse Treatment and Assessment Programs and the Operating a Motor Vehicle While Intoxicated (OWI) Law › Rule 641-157.2 - Screening, Evaluation, Treatment, and Drinking Drivers Course

Current through Register Vol. 47, No. 3, July 24, 2024
Persons who are charged with operating a motor vehicle while
				intoxicated (OWI), Iowa Code section
				321J.2,
				and whose driver's license or nonresident operating privileges are revoked
				under Iowa Code chapter 32IJ shall be assigned to undergo a substance abuse
				evaluation and, if recommended, treatment from a provider licensed by the
				department under Iowa Code chapter 125.
(1)
Screening.
The initial
			 screening shall consist of a generally accepted standardized substance abuse
			 screening instrument. The program shall utilize a recognized diagnostic test or
			 tool to determine "substance abuse" or "dependence" as those terms are defined
			 in the DSMIV (Diagnostic and Statistical Manual of Mental Disorders, Fourth
			 Edition). In addition, programs shall collect information on blood alcohol
			 content at time of arrest; history of other alcohol or drug-related arrests;
			 history of alcohol/drug treatment; history of mental health problems and
			 treatment; any OWI arrest that included personal injury or additional
			 charge(s); and family history of substance abuse.
(2)
Evaluation.
If the
			 initial screening shows a potential for chemical dependency, then a further
			 evaluation will be completed. This evaluation shall consist of further
			 development of the six assessment dimensions outlined in the American Society
			 of Addiction Medicine, Patient Placement Criteria for the Treatment of
			 Substance-Related Disorders, Second Edition-Revised.
(3)
Treatment.
Treatment
			 shall consist of a broad range of planned and continuing, inpatient,
			 outpatient, and residential care services, including ongoing diagnostic
			 evaluation, counseling, and medical, psychiatric, psychological, and social
			 service care geared toward influencing the behavior of such individuals to
			 achieve a state of rehabilitation. Individuals will be placed in the
			 appropriate level of care at a substance abuse treatment program licensed by
			 the department under Iowa Code chapter 125 in accordance with the American
			 Society of Addiction Medicine, Patient Placement Criteria for the Treatment of
			 Substance-Related Disorders, Second Edition-Revised.
(4)
Drinking drivers course.
Substance abuse treatment programs licensed by the department under Iowa Code
			 chapter 125 may provide the drinking drivers course if the course curriculum is
			 approved by the department of education under Iowa Code section
			 321J.22
			 and
			 281-21.31
			 (321J).
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 157 - Standards for Substance Abuse Treatment and Assessment Programs and the Operating a Motor Vehicle While Intoxicated (OWI) Law › Rule 641-157.3 - Screening, Evaluation, Treatment, and Drinking Drivers Course Completion

Current through Register Vol. 47, No. 3, July 24, 2024
The program shall report substance abuse screening, assessment,
				evaluation and treatment completion to the department of transportation and to
				the district court in accordance with Iowa Code sections
				125.37,
				125.84 and
				125.86;
				the federal confidentiality regulations, "Confidentiality of Alcohol and Drug
				Abuse Patient Records," 42 CFR, Part 2, effective June 9, 1987; HIPAA; and
				other relevant provisions of federal and state law. The program shall report
				satisfactory completion of the drinking drivers course to the department of
				education in accordance with Iowa Code section
				321J.22
				and
				281-21.31 (321J); the
				federal confidentiality regulations, "Confidentiality of Alcohol and Drug Abuse
				Patient Records," 42 CFR, Part 2, effective June 9, 1987; HIPAA; and other
				relevant provisions of federal and state law.
(1)
Reporting form.
Programs
			 shall report screening, evaluation, and treatment completion utilizing the form
			 "Notice Iowa Code 321J-Confidential Medical Record." Iowa substance abuse
			 evaluation and treatment providers licensed by the department under Iowa Code
			 chapter 125 shall submit this form online to the department of transportation
			 using the department of transportation's 321J Web site,
			 https://www.saeval.dot.state.ia.us [File Link Not Available].
(2)
Primary treatment.
Upon
			 completion of primary treatment, programs shall report to the department of
			 transportation and the courts that treatment has been completed in accordance
			 with Iowa Code section
			 321J.22;
			 the federal confidentiality regulations, "Confidentiality of Alcohol and Drug
			 Abuse Patient Records," 42 CFR, Part 2, effective June 9, 1987; HIPAA; and
			 other relevant provisions of federal and state law.
(3)
Posttreatment results.
If the court orders a posttreatment program, the program shall report progress
			 and attendance to the person's probation officer or otherwise as ordered by the
			 court in accordance with Iowa Code section
			 321J.22;
			 the federal confidentiality regulations, "Confidentiality of Alcohol and Drug
			 Abuse Patient Records," 42 CFR, Part 2, effective June 9, 1987; HIPAA; and
			 other relevant provisions of federal and state law.
(4)
Drinking drivers course.
Substance abuse treatment programs licensed by the department under Iowa Code
			 chapter 125 may provide the drinking drivers course and shall report
			 satisfactory completion of the drinking drivers course to the department of
			 education in accordance with Iowa Code section
			 321J.22
			 and
			 281-21.31
			 (321J).
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 157 - Standards for Substance Abuse Treatment and Assessment Programs and the Operating a Motor Vehicle While Intoxicated (OWI) Law › Rule 641-157.4 - Cost of Evaluation and Treatment

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Screening and
			 evaluation.
The program shall charge no more than $125 for the cost of
			 screening and evaluation. The individual or the individual's insurance provider
			 shall be responsible for the costs of the screening and evaluation.
(2)
Treatment.
Qualifying
			 programs shall consider a person admitted to the program pursuant to Iowa Code
			 section
			 321J.3
			 who does not possess sufficient income or estate to make payment of the costs
			 of the treatment in whole or in part to be a state patient and eligible for
			 state-funded treatment as provided in Iowa Code section
			 125.44.
			 Qualifying programs shall utilize a sliding fee schedule approved by the
			 department to determine cost of treatment. There is no prohibition on any
			 individual from paying in whole the cost of treatment.
(3)
Reimbursement.
Programs
			 shall be able to seek reimbursement of the cost of screening, evaluation and
			 treatment from an individual's insurance company, firm or corporation bound to
			 pay, or from Medicaid for an individual who is eligible or enrolled in
			 Medicaid.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 157 - Standards for Substance Abuse Treatment and Assessment Programs and the Operating a Motor Vehicle While Intoxicated (OWI) Law › Rule 641-157.5 - Timeliness

Current through Register Vol. 47, No. 3, July 24, 2024
The program shall conduct and complete substance abuse
				evaluations and treatment at the program's earliest
				convenience.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 157 - Standards for Substance Abuse Treatment and Assessment Programs and the Operating a Motor Vehicle While Intoxicated (OWI) Law › Rule 641-157.6 - Confidentiality

Current through Register Vol. 47, No. 3, July 24, 2024
Programs will abide by the federal regulations,
				"Confidentiality of Alcohol and Drug Abuse Patient Records," 42 CFR, Part 2;
				Iowa Code section
				125.37;
				HIPAA; and other relevant provisions of federal and state
				law.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 157 - Standards for Substance Abuse Treatment and Assessment Programs and the Operating a Motor Vehicle While Intoxicated (OWI) Law › Rule 641-157.7 - Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Programs shall
			 maintain records for a minimum of seven years after discharge or completion of
			 screening, evaluation, or treatment, and then destroy or maintain the records
			 based on the program's written policy and procedure.
(2) Upon receipt of a properly executed
			 written release of information signed by the client/patient, the program shall
			 release client/patient records in a timely manner
a. A program shall not refuse to transfer or
			 release client/patient records related to continuation of care solely because
			 payment has not been received.
b. A
			 program may refuse to release client/patient records which are unrelated to
			 continuation of care if payment has not been received.
c. A program may refuse to file the reporting
			 form required by subrule 157.3(1), "Notice Iowa Code 321J-Confidential Medical
			 Record," reporting screening, evaluation, and treatment completion, if payment
			 has not been received for such services.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 157 - Standards for Substance Abuse Treatment and Assessment Programs and the Operating a Motor Vehicle While Intoxicated (OWI) Law › Rule 641-157.8 - Reciprocity

Current through Register Vol. 47, No. 3, July 24, 2024
For a resident of a state other than Iowa or an Iowa resident
				obtaining evaluation or treatment outside the state, screening, evaluation or
				treatment services shall be provided by programs licensed or approved by that
				state's substance abuse authority. Programs shall submit the results of the
				screening, evaluation and treatment to the Iowa department of public health,
				division of behavioral health and professional licensure, for review and
				reporting purposes to the Iowa department of transportation.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 158 - Regions for Substance Abuse Prevention and Treatment › Rule 641-158.1 - Service Areas Established

Current through Register Vol. 47, No. 3, July 24, 2024
The department of public health has established regions for
				substance abuse prevention and treatment service areas. Substance abuse
				assessment, prevention and education, and outpatient and follow-up treatment
				and rehabilitation shall be available in each service area. Emergency treatment
				provided by a facility affiliated with or part of the medical service of a
				general hospital, inpatient treatment, residential treatment, and halfway house
				treatment shall be available within reasonable driving distance of the service
				area.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 158 - Regions for Substance Abuse Prevention and Treatment › Rule 641-158.3 - Application

Current through Register Vol. 47, No. 3, July 24, 2024
The application shall include the following:
1. The name, address, and description of the
			 applicant;
2. A description of the
			 proposed change;
3. The applicant's
			 rationale in support of the change in service area;
4. The number of clients the applicant
			 proposes to serve and the proposed increase in quality or quantity of services
			 to these clients;
5. A description
			 of comminity support for the change; and
6. The names and addresses of all affected
			 parties, including existing service providers.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 158 - Regions for Substance Abuse Prevention and Treatment › Rule 641-158.4 - Notification of Affected Parties

Current through Register Vol. 47, No. 3, July 24, 2024
Within ten calendar days of receipt of a completed application,
				the director shall provide written notification to any affected parties
				identified in the application and shall allow any affected parties so notified
				30 calendar days to submit written information in support of, or in opposition
				to, the application.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 158 - Regions for Substance Abuse Prevention and Treatment › Rule 641-158.5 - Public Hearing

Current through Register Vol. 47, No. 3, July 24, 2024
The director may hold a public hearing at which the applicant
				and any affected parties may provide an oral presentation with respect to their
				positions. The director shall give notice to the applicant and all affected
				parties ten calendar days prior to holding the hearing. The hearing shall not
				be a contested case hearing as that term is defined in Iowa Code chapter
				17A.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 158 - Regions for Substance Abuse Prevention and Treatment › Rule 641-158.6 - Proposed Decision

Current through Register Vol. 47, No. 3, July 24, 2024
The director shall issue a written proposed decision which
				includes findings of fact and either approves or rejects the application. In
				issuing this decision, the director shall consider the proposed application,
				other information received from the applicant, information received from
				affected parties, the terms of any relevant contract, city and county lines,
				population concentrations, and existing substance abuse treatment and
				prevention services.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 158 - Regions for Substance Abuse Prevention and Treatment › Rule 641-158.7 - Change During Term of Contract

Current through Register Vol. 47, No. 3, July 24, 2024
The director shall not approve an application which would
				change a service area during the term of an existing contract or after the
				release of a request for proposal for a new contract. Applications submitted
				after issuance of a request for proposal will, if granted, not become effective
				until after the expiration of the contract awarded pursuant to said request for
				proposal.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 158 - Regions for Substance Abuse Prevention and Treatment › Rule 641-158.8 - State Board of Health Review

Current through Register Vol. 47, No. 3, July 24, 2024
The director's proposed decision shall be reviewed by the
				board at its next regularly scheduled meeting. The board shall review all of
				the materials considered by the director, as described in rule 158.6(125), and
				the proposed decision and vote to approve or reject the director's proposed
				decision.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 176 - Criteria for Awards or Grants › Rule 641-176.7 - Public Notice of Available Funds

Current through Register Vol. 47, No. 3, July 24, 2024
The department shall post all competitive selection documents
				on the department of management's IowaGrants Web site at
www.IowaGrants.gov
for the duration of
				the application period.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 177 - Health Data › Rule 641-177.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
For purposes of this chapter, the following definitions shall
				apply:
"Confidential record"
means a record that is
				not available as a matter of right for examination and copying by members of
				the public under applicable provisions of law. Confidential records include
				records or information contained in records that the agency is prohibited by
				law from making available for examination by members of the public, and records
				or information contained in records that are specified as confidential by Iowa
				Code section 22.7, or other provision of law,
				but that may be disclosed upon order of a court, the lawful custodian of the
				record, or by another person duly authorized to release the record. Mere
				inclusion in a record of information declared confidential by an applicable
				provision of law does not necessarily make that entire record a confidential
				record. Included in the definition are those data collected by the department,
				pursuant to 1996 Iowa Acts, chapter 1212, for preparation and dissemination as
				compilations.
"Record"
means the whole or a part of a
				"public record" as defined in Iowa Code section
				22.1 that is owned by or in the
				physical possession of this agency.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 177 - Health Data › Rule 641-177.2 - Description of Data to Be Submitted

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The department
			 shall collect information from other state agencies for the purpose of public
			 dissemination of health data.
(2)
			 Hospitals shall submit data to the contractor selected through the request for
			 proposal process, which shall serve as an intermediary for the department. The
			 information shall include inpatient, outpatient and ambulatory
			 information.
(3) The contractor
			 selected through the request for proposal process shall collect, maintain, and
			 disseminate hospital inpatient, outpatient, and ambulatory information pursuant
			 to a memorandum of understanding with the department. The contractor selected
			 through the request for proposal process shall submit data to the department
			 pursuant to the memorandum of understanding.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 177 - Health Data › Rule 641-177.3 - Fees

Current through Register Vol. 47, No. 3, July 24, 2024
Fees charged for data provided by the department shall not
				exceed administrative costs. Such charges may include copying, postage,
				supervisory, computer programming, time, and medium fees. The department will
				work to provide requestors with an estimate of the charges to be assessed for
				copies and labor prior to producing copies of records.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 177 - Health Data › Rule 641-177.4 - Patient Confidentiality

Current through Register Vol. 47, No. 3, July 24, 2024
The department shall protect patient confidentiality.
				Confidential records or parts of such records collected as a part of this
				process shall be kept confidential. All health data shall be collected,
				maintained, and disseminated only in accordance with Iowa and federal
				law.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 177 - Health Data › Rule 641-177.6 - Patient Confidentiality

Current through Register Vol. 47, No. 3, July 24, 2024
The department shall protect patient confidentiality.
				Confidential records or parts of such records collected as a part of this
				process shall be kept confidential. All health data shall be collected,
				maintained, and disseminated only in accordance with Iowa and federal
				law.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 177 - Health Data › Rule 641-177.8 - Address and Specification for Data Submissions

Current through Register Vol. 47, No. 3, July 24, 2024
Data required to be submitted pursuant to this chapter shall be
				sent by agencies and health care providers, or their representatives, to the
				Iowa department of public health by the means and time frame specified by the
				department.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 178 - Waivers of Public Health Administrative Rules › Rule 641-178.1 - Waivers

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Definition.
For purposes of this chapter, "a waiver " means
			 action by the department that suspends, in whole or in part, the requirements
			 or provisions of a rule as applied to an identified person on the basis of the
			 particular circumstances of that person.
(2)
Scope.
This rule outlines
			 generally applicable standards and a uniform process for the granting of an
			 individual waiver from a rule adopted by the department in situations where no
			 other more specifically applicable law provides for a waiver. To the extent
			 another more specific provision of law governs the issuance of a waiver from a
			 particular rule, the more specific provision shall supersede this rule with
			 respect to any waiver from that rule.
(3)
Applicability.
The
			 department may only grant a waiver from a rule if the department has
			 jurisdiction over the rule and the requested waiver is consistent with
			 applicable statutes, constitutional provisions, or other provisions of law. The
			 department may not waive requirements created or duties imposed by
			 statute.
(4)
Criteria for
			 waiver.
In response to a petition completed pursuant to subrule
			 178.1(6), the department may in its sole discretion issue an order waiving in
			 whole or in part the requirements of a rule if the department finds, based on
			 clear and convincing evidence, all of the following:
a. The application of the rule would impose
			 an undue hardship on the person for whom the waiver is requested;
b. The waiver from the requirements of the
			 rule in the specific case would not prejudice the substantial legal rights of
			 any person;
c. The provisions of
			 the rule subject to the petition for a waiver are not specifically mandated by
			 statute or another provision of law; and
d. Substantially equal protection of public
			 health, safety, and welfare will be afforded by a means other than that
			 prescribed in the particular rule for which the waiver is requested.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 178 - Waivers of Public Health Administrative Rules › Rule 641-178.2 - Sample Petition for Waiver

Current through Register Vol. 47, No. 3, July 24, 2024
A petition for waiver filed in accordance with
				641-178.1(17A,135) must meet the requirements specified therein and must
				substantially conform to the following form:
BEFORE THE DEPARTMENT OF PUBLIC HEALTH
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				view Image
1. Provide
			 petitioner's (person asking for a waiver) name, address, and telephone number.
			 Also include the name, address, and telephone number of the petitioner's legal
			 representative, if applicable, and a statement indicating the person to whom
			 communications concerning the petition should be directed.
2. Describe and cite the specific rule from
			 which a waiver is requested.
3.
			 Describe the specific waiver requested, including the precise scope and time
			 period for which the waiver will extend.
4. Explain the relevant facts and reasons
			 that the petitioner believes justify a waiver. Include in your answer all of
			 the following:
a. Why applying the rule would
			 result in undue hardship to the petitioner;
b. Why waiving the rule would not prejudice
			 the substantial legal rights of any person;
c. Whether the provisions of the rule subject
			 to the waiver are specifically mandated by statute or another provision of law;
			 and
d. How substantially equal
			 protection of public health, safety, and welfare will be afforded by a means
			 other than that prescribed in the particular rule for which the waiver is
			 requested.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 179 - Collection of Delinquent Debts › Rule 641-179.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
For purposes of this rule, the following definitions
				apply:
"Debtor"
means any person who owes a debt to
				the department.
"Department"
means the Iowa department of
				public health.
"Income offset program"
means the program
				established in Iowa Code section
				8A.504 through
				which the department of administrative services coordinates with state agencies
				to satisfy liabilities owed to those state agencies.
"Liability"
or
"debt"
means a
				"qualifying debt" as defined in Iowa Code section
				8A.504(1)
				 or any liquidated sum due, owing, and
				payable by a debtor to the department. Such liquidated sum may be accrued
				through contract, subrogation, tort, operation of law, or any legal theory
				regardless of whether there is an outstanding judgment for that sum.
"Liquidated"
means that the amount of the
				claim or debt is definite, determined, and fixed by agreement of the parties,
				by operation of law, or through court or administrative proceedings.
"Notification of offset"
means receipt of
				actual notice by the department from the department of administrative services
				that the debtor is entitled to a payment that qualifies for offset.
"Offset"
means to set off liabilities owed by
				a person to the department against claims owed to persons by public
				agencies.
"Person "
means an individual, corporation,
				business trust, estate, trust, partnership or association, or any other legal
				entity, but does not include a state agency.
"Preoffset notice"
means the notice required
				by rule 641-179.4 (8A).
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 179 - Collection of Delinquent Debts › Rule 641-179.3 - Liability File

Current through Register Vol. 47, No. 3, July 24, 2024
The department may provide the department of administrative
				services a liability file.
(1)
Contents.
With respect to each individual debtor, the
			 liability file shall contain the following:
a. Information relevant to the identification
			 of the debtor, as required by the department of administrative services and
			 including the debtor's name and social security number or federal
			 identification number,
b. The
			 amount of liability, and
c. A
			 written statement declaring the debt to have occurred.