Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 1 - Introduction, Abbreviations and Definitions › Rule 17-1.5 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
Words and phrases used in rules under agency number 17 are
				defined as below unless defined and used differently in the various chapters
				under the department's jurisdiction. The appearance of an acronym after a
				defined term indicates that the definition was taken from that source.
"Access"
means the term described in Iowa Code
				section
				231.42
				and includes access to long-term care facilities, assisted living programs,
				elder group homes, residents, tenants, medical records, social records, and
				administrative records.
"Accessible"
means without physical, cultural,
				financial, or psychological barriers to service.
"Act" or "federal act"
or
"OAA"
means the Older Americans Act,
				42 U.S.C. §
									3001 et seq.
"Administration costs"
means all direct and
				indirect costs incurred by a grantee in managing a grant, including but not
				limited to all audit and board expenses incurred in the support of an area
				agency on aging director.
"Administration on Aging"
or
"AOA"
means the federal agency established to administer the
				provisions of the Act.
"ADRC coordination center"
means an entity
				designated by the department that carries out duties and functions as mandated
				in rule promulgated by the department.
"ADRC local access point"
means an entity
				designated by an ADRC coordination center that carries out duties and functions
				as mandated in rules promulgated by the department.
"Aggrieved party"
means an individual or
				organization that alleges that the individual's or organization's rights have
				been denied by action of the department, AAA or AAA subcontractor.
"Aging and disability resource center"
or
"ADRC"
means the same as "Aging and Disability Resource
				Center" as defined in the federal Act.
"Area agency on aging," "area agency"
or
"AAA"
means the grantee agency(ies) designated by the
				commission in a planning and service area to develop and administer the
				multiyear area plan for a comprehensive and coordinated system of services for
				elders and to carry out the duties specified in Iowa Code chapter 231 and rules
				promulgated by the department on aging. These terms may be interpreted as
				either singular or plural form as determined by context.
"Area plan"
or
"multiyear area
				plan"
means a document that is developed in accordance with forms or
				in a format prescribed by the department and that is submitted to the
				department every two to four years, with annual updates, by an AAA in order to
				receive federal funding and other support through the department.
"Civil penalty"
means a civil money penalty
				not to exceed the amount authorized under Iowa Code section
				231.42.
"Cognitive disorder"
means a disorder
				characterized by cognitive dysfunction presumed to be the result of illness
				that does not meet criteria for dementia, delirium, or amnestic
				disorder.
"Complaint"
means a report of an alleged
				violation of requirements of federal and state laws, rules or regulations, or a
				report of practices and procedures related to admission or to an individual's
				entitlement to care and services under federal and state laws and
				regulations.
"Comprehensive and coordinated system"
means a
				system for providing all necessary supportive services, including nutrition
				services, in a manner designed to:
1. Facilitate accessibility to and utilization of all
				supportive and nutrition services provided within the geographic area served by
				the system by any public or private agency or organization.
2. Develop and make the most efficient use of supportive
				services and nutrition services to meet the needs of older individuals with a
				minimum of duplication.
3. Use available resources efficiently and with a minimum of
				duplication; and
4. Encourage and assist public and private entities that have
				unrealized potential for meeting the service needs of older individuals to
				assist the elders on a voluntary basis.
"Continuum of care"
means a full range of
				economic, physical, psychological, social and support programs and services
				necessary to maintain or restore older individuals to their optimal
				environment.
"Contract"
means an agreement between two or
				more persons which creates an obligation to do or not to do a permissible or an
				impermissible action. Its essentials are competent parties, subject matter,
				legal consideration, mutuality of agreement and mutuality of obligation.
"Dementia"
means an illness characterized by
				multiple cognitive deficits which represent a decline from previous levels of
				functioning and include memory impairment and one or more of the following
				cognitive disturbances: aphasia, apraxia, agnosia, and disturbance in executive
				functioning.
"Dementia-specific"
means a program certified
				under the law and regulations governing the particular program which either
				serves five or more persons with dementia between Stages 4 and 7 on the Global
				Deterioration Scale or holds itself out as providing specialized care for
				persons with a cognitive disorder or dementia, such as Alzheimer's disease, in
				a dedicated setting.
"Dietitian"
or
"licensed
				dietitian"
means a person who maintains a license granted by the Iowa
				board of dietetic examiners.
"Direct costs"
means those costs that can be
				identified specifically with a particular final cost objective.
"Disability"
(OAA) means (except when such
				term is used in the phrase "severe disability," "developmental disabilities,"
				"physical and mental disability," "physical and mental disabilities," or
				"physical disabilities") a disability attributable to mental or physical
				impairment, or a combination of mental or physical impairments, that results in
				substantial functional limitations in one or more of the following areas of
				major life activity: (1) self-care, (2) receptive and expressive language, (3)
				learning, (4) mobility, (5) self-direction, (6) capacity for independent
				living, (7) economic self-sufficiency, (8) cognitive functioning, and (9)
				emotional adjustment.
"Elder abuse"
(OAA) means abuse, neglect, or
				exploitation of an older individual (elder) including the willful:
1. Infliction of injury, unreasonable confinement,
				intimidation, or cruel punishment with resulting physical harm, pain, or mental
				anguish; or
2. Deprivation by a person, including a caregiver, of goods or
				services that are necessary to avoid physical harm, mental anguish, or mental
				illness.
"Eligible individual"
means any person who
				meets the federal definition of this term for the program being
				utilized.
"Exploitation"
(OAA or 235B; dependent on the
				rule content, the source of the appropriate definition will be referenced in
				the individual chapter) means:
1. (OAA) The illegal or improper act or process of an
				individual, including a caregiver, using the resources of an older individual
				for monetary or personal benefit, profit, or gain; or
2. "Exploitation" as defined in Iowa Code chapter 235B.
"Fiscalyear"
or
"FY"
means
				the state fiscal year, July 1 through June 30, numbered according to the year
				in which the fiscal year ends.
"Focalpoint"
means a facility established to
				encourage the maximum collocation and coordination of services for older
				individuals.
"Frail"
(AOA Title III-D) means having a
				physical or mental disability, including Alzheimer's disease or a related
				disorder with neurological or organic brain dysfunction, that restricts the
				ability of an individual to perform normal daily tasks or that threatens the
				capacity of an individual to live independently.
"Grantee"
means the legal entity to which a
				grant is awarded and which is accountable to the department for the use of the
				funds provided. The grantee is the entire legal entity even if only a
				particular component of the entity is designated in the award document. The
				term "grantee" does not include any secondary recipients such as subgrantees or
				subcontractors that may receive funds from a grantee pursuant to a
				grant.
"Greatest economic need"
means the need
				resulting from an income level at or below the official poverty line.
"Greatest social need"
means the need caused
				by noneconomic factors, which include physical and mental disabilities,
				language barriers, and cultural, geographic or social isolation including
				isolation caused by racial or ethnic status, that restrict an individual's
				ability to perform normal daily tasks or that threaten the older individual's
				capacity to live independently.
"Grievance"
means a report of an
				administrative action alleged to affect tenants or participants in an adverse
				manner.
"Indirect costs"
means those costs that are:
				(1) incurred for a common or joint purpose benefiting more than one cost
				objective, and (2) not readily assignable to the cost objectives specifically
				benefited, without effort disproportionate to the results achieved.
"In-home services"
means:
1. Services of homemakers and home health aides;
2. Visiting and telephone reassurance;
3. Chore maintenance;
4. In-home respite care for families, and adult day care as a
				respite service for families;
5. Minor modification of homes that is necessary to facilitate
				the ability of older individuals to remain at home and that is not available
				under another program (other than another program carried out under the
				Act);
6. Personal care services; and
7. Other in-home services as defined by the IDA in the state
				plan submitted in accordance with Section 307 of the Act and by the AAA in the
				area plan submitted in accordance with Section 306 of the Act.
"Instrumental activities of daily living"
or
"IADI"
means those activities that reflect the older
				individual's ability to perform household and other tasks necessary to meet the
				older individual's needs within the community, which may include but are not
				limited to shopping, housekeeping, chores, and traveling within the
				community.
"legal assistance"
means provision of legal
				advice, counseling and representation by an attorney or other person acting
				under the supervision of an attorney.
"local sources"
means the equivalent cash
				value of third-party in-kind contributions (e.g., property or services which
				benefit a grant-supported project or program and which are contributed by
				nonfederal third parties without a charge to the grantee or subgrantee under
				the grant or subgrant) and cash resources, or both, made available by local
				sources (e.g., local public funds, other local cash, and program income)
				representing that portion of the costs of a project or program receiving funds
				from state appropriations.
"National Aging Program Information System"
or
"NAPIS"
means the reporting system in which the Older
				Americans Act requires participation by providers receiving funding from the
				provisions of the Act.
"Neglect"
(OAA) means the failure:
1. To provide for oneself the goods or services that are
				necessary to avoid physical harm, mental anguish, or mental illness; or
2. Of a caregiver to provide the goods or services that are
				necessary to avoid physical harm, mental anguish, or mental illness.
"Nurse-delegated assistance"
means those
				delegated tasks or activities for which a professional nurse has assumed
				responsibility for assessing, planning, implementing, or evaluating, and for
				which the nurse remains legally accountable.
"Nutrition Services Incentive Program"
or
"NSIP"
means the Nutrition Services Incentive Program
				established under the Older Americans Act.
"Older Americans Act"
or
"OAA"
means the same as "Act" defined herein.
"Options counselor"
means the person(s)
				responsible for providing the service of options counseling.
"Person"
means the same as that defined in
				Iowa Code section
				4.1(20).
"Planning and service area"
or
"PSA
				"
means a geographic area of the state that is designated by the
				commission for purposes of planning, development, delivery and overall
				administration of services under a multiyear area plan. "PSA" may be
				interpreted as either singular or plural dependent on context.
"Plan of correction"
means a plan developed by
				an area agency on aging and approved by the department which describes the
				actions the area agency on aging shall take to correct deficiencies arising
				from the agency's failure to perform and specifies the date by which those
				deficiencies shall be corrected.
"Priority services"
means access services
				(including case management, transportation, outreach, and information and
				assistance), in-home services, and legal assistance services.
"Program income"
or
"contributions"
means gross income earned by the recipient
				that is directly generated by a supported activity or earned as a result of the
				award. Program income includes, but is not limited to, income from fees for
				services performed, the use or rental of real or personal property acquired
				under state-funded or federally funded projects, the sale of commodities or
				items fabricated under an award, license fees and royalties on patents and
				copyrights, and interest on loans made with award funds. Except as otherwise
				provided in the terms and conditions of the award, program income does not
				include the receipt of principal on loans, rebates, credits, or discounts or
				interest earned on any of them. Furthermore, program income does not include
				taxes, special assessments, levies, and fines raised by governmental
				recipients.
"Provider"
means any person, company, firm,
				association or other legal entity that provides services as delineated in any
				chapter under agency number 17.
"Public or private nonprofit service provider"
means any government agency or private organization certified to be nonprofit
				by the U.S. Internal Revenue Service or an agency which was established
				pursuant to Iowa Code chapter 28E or chapter 504A and is composed solely of
				public agencies or governmental units as defined in those chapters.
"Routine"
means regular, customary or not
				occasional or intermittent.
"Therapeutic diet"
means meals served that are
				soft, low-fat, low-sodium or controlled calorie.
"Title III"
means Title III of the federal Act
				for state and community programs on aging.
1. "Title III-B" means requirements and funding for supportive
				services.
2. "Title III-C" means requirements and funding for nutrition
				services.
3. "Title III-C(l)" means requirements and funding for
				congregate nutrition services.
4. "Title III-C(2)" means requirements and funding for
				home-delivered nutrition services.
5. "Title III-D" means requirements and funding for disease
				prevention and health promotion.
6. "Title III-E" means requirements and funding for the
				National Family Caregiver Support program.
"Title V"
means Title V of the federal Act for
				the Senior Community Service Employment Program for Older Americans.
"Title VII"
means Title VII of the federal Act
				for allotments for vulnerable elder rights protection
				activities.