Iowa Administrative Code › Agency 441 - Human Services Department › Title III - Mental Health › Chapter 28 - Policies for Mental Health Institutes and Resource Centers › Rule 441-28.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
The definitions in this rule apply to 441-Chapters 28, 29,
				  and 30.
"Admission"
means the acceptance of an
				  individual for receipt of services at a state mental health institute or
				  resource center on either a voluntary or involuntary basis.
"Adult"
means an individual who is 18 years
				  of age or older.
"Board of supervisors"
means the elected
				  governing body of a county as defined in Iowa Code section
				  331.101.
"Catchment area"
means the group of
				  counties, designated by the division administrator, that each state resource
				  center is assigned to serve.
"County of residence"
means the same as
				  defined in Iowa Code section
				  331.394.
"Division administrator"
means the
				  administrator of the division of mental health and disability services.
"Facility"
means a mental health institute
				  or state resource center referenced in Iowa Code section
				  218.1.
"Grievance"
means a written or oral
				  complaint by or on behalf of an individual involving:
1. A rights violation or unfairness to the individual,
				  or
2. Any aspect of the individual's life with which the
				  individual does not agree.
"Guardian"
means the person other than a
				  parent of a minor who has been appointed by the court to have custody of the
				  person of the individual as provided under Iowa Code section
				  232.2(21)
				   or
				  633.3(20).
"Individual"
means any person seeking or
				  receiving services from a state mental health institute or a state resource
				  center.
"Informed consent"
means an agreement by an
				  individual or by the individual's parent, guardian, or legal representative to
				  participate in an activity based upon an understanding of all of the
				  following:
1. A full explanation of the procedures to be followed,
				  including an identification of those that are experimental.
2. A description of the discomforts and risks.
3. A description of the benefits to be expected.
4. A disclosure of appropriate alternative procedures that
				  would be advantageous for the individual.
5. Assurance that consent is given freely and voluntarily
				  without fear of retribution or withdrawal of services.
"Legal representative"
means a person,
				  including an attorney, who is authorized by law to act on behalf of an
				  individual.
"Minor"
means an individual under the age of
				  18.
"Non-Medicaid payment-eligible"
means that
				  an individual is not eligible for Medicaid funding for the services provided by
				  a mental health institute or state resource center.
"Parent"
means a natural or adoptive mother
				  or father of a child but does not include a mother or father whose parental
				  rights have been terminated.
"Regional administrator"
means the same as
				  defined in Iowa Code section
				  331.388.
"Rights"
means the human, civil, and
				  constitutional liberties an individual possesses through federal and state
				  constitutions and laws.
"State case"
means the determination made
				  under Iowa Code section
				  331.394
				  that an individual does not have a county of residence in an Iowa county and
				  places funding responsibility with the state.
"Superintendent"
means the superintendent of
				  any of the two mental health institutes and the two state resource
				  centers.
This rule is intended to implement Iowa Code section
				  218.4.