reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 9 - Outpatient Diabetes Education Programs › Rule 641-9.14 - Formal Contest

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Hearing.
The hearing shall be conducted according to the
			 procedural rules of the department of inspections and appeals found in
			 481-Chapter 10.
(2)
Decision of administrative law judge.
When the administrative
			 law judge makes a proposed decision and order, it shall be served by certified
			 mail, return receipt requested, or delivered by personal service. That proposed
			 decision and order then becomes the department's final agency action without
			 further proceedings ten days after it is received by the aggrieved party unless
			 an appeal to the director is taken as provided in 9.14(3).
(3)
Appeal to director
Any
			 appeal to the director for review of the proposed decision and order of the
			 administrative law judge shall be filed in writing and mailed to the director
			 by certified mail, return receipt requested, or delivered by personal service
			 within ten days after the receipt of the administrative law judge's proposed
			 decision and order by the aggrieved party. A copy of the appeal shall also be
			 mailed to the administrative law judge. Any request for an appeal shall state
			 the reason for appeal.
(4)
Record of hearing.
Upon receipt of an appeal request, the
			 administrative law judge shall prepare the record of the hearing for submission
			 to the director The record shall include the following:
a. All pleadings, motions and
			 rules.
b. All evidence received or
			 considered and all other submissions by recording or transcript.
c. A statement of all matters officially
			 noticed.
d. All questions and
			 offers of proof, objections and rulings thereon.
e. All proposed findings and
			 exceptions.
f. The proposed
			 decision and order of the administrative law judge.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 10 - Iowa Get Screened: Colorectal Cancer Program › Rule 641-10.1 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
The Iowa get screened (IGS): colorectal cancer program is
				administered by the department. The goal of the IGS program is to reduce the
				incidence, mortality and prevalence of colorectal cancer in Iowa by increasing
				the number of men and women who receive colorectal cancer screenings. Through
				the program, colorectal cancer screenings, including but not limited to fecal
				immunochemical tests (FITs) and colonoscopies, are provided to eligible Iowans.
				Along with providing screenings, the program also facilitates supportive
				services and referral for diagnosis and treatment to Iowans with abnormal
				screening results. Iowans who are eligible to enter the program must be 45 to
				75 years of age, be underinsured or uninsured, have incomes of up to 300
				percent of the federal poverty level (FPL) and have an average or increased
				risk for developing colorectal cancer.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 10 - Iowa Get Screened: Colorectal Cancer Program › Rule 641-10.3 - Components of the Iowa Get Screened (IGS) : Colorectal Cancer Program

Current through Register Vol. 47, No. 3, July 24, 2024
The program shall include the following key components:
(1) Program and fiscal management shall be
			 conducted by ensuring strategic planning, implementation, coordination,
			 integration and evaluation of all programmatic activities and administrative
			 systems, as well as the development of key communication channels and oversight
			 mechanisms to aid in these processes. Program management shall ensure that
			 infrastructure adequately supports service delivery.
(2) Service delivery to screen for colorectal
			 cancer for participants enrolled in the IGS program shall be provided by local
			 program coordinators and enrolled heath care providers through contractual
			 arrangements.
a. The IGS program provides
			 reimbursement for the following screening tests, procedures, preparations and
			 tissue analyses when those services are provided by a participating health care
			 provider who has a provider agreement with the IGS program. Payment is based on
			 Medicare Part B participating provider rates (Title XIX).
(1) Fecal immunochemical tests
			 annually;
(2) Colonoscopy every ten
			 years from initial screen or as prescribed by a physician in accordance with
			 USPSTF recommendations;
(3)
			 Biopsy/polypectomy during a colonoscopy;
(4) Bowel preparation;
(5) Moderate sedation for
			 colonoscopy;
(6) One office visit
			 related to IGS program-covered colorectal cancer tests;
(7) One office visit related to colorectal
			 cancer follow-up diagnostic test results;
(8) Total colon examination with either
			 colonoscopy (preferred) or double contrast barium enema if medically prescribed
			 by doctor;
(9) Pathology
			 services;
(10) CT colonography (or
			 virtual colonoscopy) as recommended by provider;
(11) Stool DNA (sDNA) test every three
			 years;
(12) Care or services for
			 complications that result from screening or diagnostic tests provided by the
			 IGS program at the discretion of the department and based on the availability
			 of funds.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 10 - Iowa Get Screened: Colorectal Cancer Program › Rule 641-10.4 - Participant Eligibility Criteria

Current through Register Vol. 47, No. 3, July 24, 2024
An applicant for the IGS program must satisfy the criteria
				outlined in this rule. If an applicant does not meet these criteria, the
				applicant shall be provided information by contracted local program staff
				regarding the health insurance marketplace, Medicaid or sliding-fee clinics
				available in the area in which the applicant lives.
(1)
Age.
Individuals 45
			 through 75 years of age shall be the target population to receive colorectal
			 cancer screening.
(2)
Income.
a. The IGS program
			 income guidelines are based upon 300 percent of the federal poverty level
			 (FPL), which is set annually by the Centers for Medicare and Medicaid Services
			 (CMS). New IGS program income guidelines will be adjusted following any change
			 in CMS guidelines.
b.
			 Self-declaration of income may be accepted.
c. Eligibility shall be based on net income
			 for the household.
d. Assets shall
			 not affect income status and shall not be counted when eligibility under the
			 IGS program is determined.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 10 - Iowa Get Screened: Colorectal Cancer Program › Rule 641-10.5 - Participant Application Procedures for Igs Program Services

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Enrollment.
After an individual is determined eligible for
			 services and agrees to participate in the IGS program, the following provisions
			 shall apply:
a. A prospective participant must
			 complete the Informed Consent and Release of Medical Information form and
			 submit it to the local program coordinator in order to become enrolled in the
			 program and be considered a program participant. The date on the signed form
			 shall be the participant's enrollment date.
b. Upon enrollment, the participant shall be
			 eligible for services for 12 months beginning from the date of enrollment,
			 subject to restrictions in funding and program coverage as provided in subrules
			 10.5(2), 10.5(3) and 10.6(1).
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 10 - Iowa Get Screened: Colorectal Cancer Program › Rule 641-10.6 - Priority for Program Expenditures

Current through Register Vol. 47, No. 3, July 24, 2024
(1) In the event the IGS program director
			 certifies that there are inadequate funds to meet participants' needs, either
			 attributable to a reduction in funding or to a projected enrollment of
			 participants in excess of anticipated enrollment, the program director may
			 restrict new applicants' participation in the IGS program. First priority shall
			 be given to individuals who have never been screened for CRC.
(2) In the event that the financial demand
			 abates, the program director shall withdraw the financial shortfall
			 certification, at which time the individual shall be eligible for program
			 services in accordance with rule
			 641-10.4 (135).
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 10 - Iowa Get Screened: Colorectal Cancer Program › Rule 641-10.7 - Right to Appeal

Current through Register Vol. 47, No. 3, July 24, 2024
If an individual disagrees with or is dissatisfied with IGS
				program eligibility, the covered-service determination or the decision of the
				IGS program, the individual has the right to appeal the decision or
				action.
(1) The appeal shall be in
			 writing and shall be submitted within ten working days of the decision or
			 action to the local program staff with whom the individual has been
			 working.
(2) The local program
			 staff shall contact an IGS program staff person with the information regarding
			 the appeal within three business days.
(3) IGS program staff shall confer with the
			 bureau chief for the IGS program at the department and provide a decision to
			 the local program staff within five business days. A decision made by IGS
			 program staff shall be delivered by telephone, if possible, to the individual
			 making the appeal and shall be followed by a written notification of the
			 decision. The decision of IGS program staff shall be considered a final agency
			 decision in accordance with Iowa Code chapter 17A.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 10 - Iowa Get Screened: Colorectal Cancer Program › Rule 641-10.8 - Colorectal Cancer Treatment

Current through Register Vol. 47, No. 3, July 24, 2024
The IGS program does not pay for colorectal cancer treatment
				services. If a participant needs treatment, the local program coordinator will
				refer the participant to an American Cancer Society patient navigator to
				identify and coordinate resources for the participant who may require physical,
				emotional, financial or other support through the cancer journey. The patient
				navigator and IGS program staff will work together to assist a participant
				needing treatment. It is an expectation of the cooperative agreement that a
				participant gets help obtaining treatment services free or at an affordable
				cost based on the participant's annual income and ability to pay for the
				services.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 10 - Iowa Get Screened: Colorectal Cancer Program › Rule 641-10.9 - Colorectal Cancer Treatment

Current through Register Vol. 47, No. 3, July 24, 2024
The IGS program does not pay for colorectal cancer treatment
				services. A participant will be assisted with enrolling in the lowaCare
				program, in the event treatment services are needed. If a participant needs
				treatment, the local program coordinator will refer the participant to an
				American Cancer Society patient navigator to identify and coordinate resources
				for the participant who may require physical, emotional, financial or other
				support through the cancer journey. The patient navigator and IGS program staff
				will work together to assist a participant needing treatment. It is an
				expectation of the cooperative agreement that a participant gets help obtaining
				treatment services free or at an affordable cost based on the participant's
				annual income and ability to pay for the services.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 11 - Human Immunodeficiency Virus (HIV) Infection and Acquired Immune Deficiency Syndrome (AIDS) › Rule 641-11.2 - Hiv Testing-obtaining Consent-voluntary Hiv-related Tests for Adults Who Are Not Pregnant

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Prior
			 to conducting a voluntary HIV-related test on an adult, the health care
			 provider requesting the test shall provide information to the subject of the
			 test concerning HIV testing and where to obtain additional information
			 regarding HIV infection and risk reduction.
(2) All adults who are able must give consent
			 for an HIV test, but a separate written consent solely for the purpose of HIV
			 testing shall not be required. If an adult signs a general consent form for the
			 performance of medical tests or procedures, the signing of an additional
			 consent form for the purpose of consenting to an HIV-related test is not
			 required during the time in which the general consent form is in effect. If an
			 adult has not signed a general consent form for the performance of medical
			 tests and procedures, or if the consent form is no longer in effect, a health
			 care provider shall obtain oral or written consent prior to performing the
			 HIV-related test.
(3) If an adult
			 is unable to give consent, the adult's legal guardian may provide oral or
			 written consent. If the adult's legal guardian cannot be located or is
			 unavailable, a health care provider may authorize the HIV-related test when the
			 test results are necessary for diagnostic purposes to provide appropriate
			 urgent medical care.
(4) Once an
			 adult has been informed of a confirmed positive HIV-related test, no
			 HIV-specific consent for medical procedures and tests shall be required for
			 subsequent medical procedures and tests involved in the care or treatment of
			 the adult with HIV infection.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 11 - Human Immunodeficiency Virus (HIV) Infection and Acquired Immune Deficiency Syndrome (AIDS) › Rule 641-11.3 - Hiv Testing-obtaining Consent-voluntary Hiv-related Tests for Minors Who Are Not Pregnant

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A
			 minor shall have the legal capacity to act and give consent to the provision of
			 medical care or services for the prevention, diagnosis, or treatment of HIV by
			 a hospital, clinic, or health care provider. Consent shall not be subject to
			 later disaffirmance by reason of such minority. The consent of another person,
			 including but not limited to the consent of a spouse, parent, custodian, or
			 guardian, shall not be necessary.
(2) Prior to conducting a voluntary
			 HIV-related test on a minor, the health care provider requesting the test shall
			 provide information to the subject of the test concerning HIV testing and where
			 to obtain additional information regarding HIV infection and risk
			 reduction.
(3) A minor shall be
			 informed prior to testing that, upon confirmation according to prevailing
			 medical technology of a positive HIV-related test result, the minor's legal
			 guardian is required to be informed by the health facility conducting the test.
			 Health facilities where minors are tested shall have available a program to
			 notify the legal guardian of a newly diagnosed minor. The notification process
			 shall emphasize the need for family support and shall assist in making
			 available the resources necessary to accomplish that goal. However, a health
			 facility which is precluded by federal statute, regulation, or CDC guidelines
			 from informing the legal guardian is exempt from the notification
			 requirement.
(4) Prior to the test,
			 a minor shall give written consent for performance of the HIV-related test and
			 to the notification of the legal guardian should the test be confirmed as
			 positive.
(5) If a minor is unable
			 to provide consent for an HIV-related test, the minor's legal guardian may
			 provide oral or written consent for the minor. If the minor's legal guardian
			 cannot be located or is unavailable, a health care provider may authorize the
			 HIV-related test when the test results are necessary for diagnostic purposes to
			 provide appropriate urgent medical care.
(6) Once a minor has been informed of a
			 confirmed positive HIV-related test and the legal guardian has been notified,
			 no HIV-specific consent for medical procedures and tests shall be required for
			 subsequent medical procedures and tests involved in the care or treatment of a
			 minor with HIV infection.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 11 - Human Immunodeficiency Virus (HIV) Infection and Acquired Immune Deficiency Syndrome (AIDS) › Rule 641-11.4 - Hiv Testing-obtaining Consent-voluntary Hiv-related Tests for Pregnant Women

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Health care
			 providers that offer prenatal care to women shall provide HIV testing to all
			 pregnant women, including minors, as part of the routine panel of prenatal
			 tests. The health care provider requesting the HIV test of a pregnant woman
			 shall notify the pregnant woman that HIV screening is recommended for all
			 prenatal patients and that the pregnant woman will receive an HIV test as part
			 of the routine panel of prenatal tests unless the pregnant woman objects to the
			 test. No written or oral consent shall be required.
(2) The testing shall occur as early as
			 possible during each pregnancy.
(3)
			 The health care provider requesting the test shall make information about HIV
			 prevention, risk reduction, and treatment opportunities to reduce the possible
			 transmission of HIV to a fetus available to all pregnant women.
(4) A pregnant woman who is a minor shall be
			 informed prior to testing that, upon confirmation according to prevailing
			 medical technology of a positive HIV-related test result, the minor's legal
			 guardian is required to be informed by the health facility conducting the test.
			 Health facilities where minors are tested shall have available a program to
			 notify the legal guardian of a newly diagnosed minor. The notification process
			 shall emphasize the need for family support and shall assist in making
			 available the resources necessary to accomplish that goal. However, a health
			 facility which is precluded by federal statute, regulation, or CDC guidelines
			 from informing the legal guardian is exempt from the notification
			 requirement.
(5) If a pregnant
			 woman objects to and declines the test, the decision shall be documented in the
			 pregnant woman's medical record by the health care provider. A health care
			 provider shall encourage women who decline the test early in prenatal care to
			 be tested at a subsequent visit.
(6) Once a pregnant woman has been informed
			 of a confirmed positive HIV-related test and, if the pregnant woman is a minor,
			 the legal guardian has been notified, no HIV-specific consent for medical
			 procedures and tests shall be required for subsequent medical procedures and
			 tests involved in the care or treatment of a pregnant woman with HIV
			 infection.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 11 - Human Immunodeficiency Virus (HIV) Infection and Acquired Immune Deficiency Syndrome (AIDS) › Rule 641-11.5 - Hiv Test Results-post-test Counseling

Current through Register Vol. 47, No. 3, July 24, 2024
(1) At any time that the subject of an
			 HIV-related test is informed of a confirmed positive test result, the health
			 care provider who requested the test or other designated personnel shall
			 initiate counseling concerning the emotional and physical health effects of HIV
			 infection. Particular attention shall be given to explaining the need for the
			 precautions necessary to avoid transmitting the virus. The subject of the test
			 shall be given information concerning where to obtain additional counseling. If
			 a legal guardian of the subject of the test provided consent to the test, the
			 counseling shall be given to the legal guardian.
(2) Post-test counseling requirements do not
			 apply to any of the following:
a. The
			 performance of an HIV-related test by a health care provider or health facility
			 when the health care provider or health facility procures, processes,
			 distributes, or uses a human body part donated for a purpose specified under
			 the revised uniform anatomical gift Act as provided in Iowa Code chapter 142C,
			 or semen provided prior to July 1, 1988, for the purpose of artificial
			 insemination, or donations of blood, and such test is necessary to ensure
			 medical acceptability of such gift or semen for the purposes
			 intended.
b. A person engaged in
			 the business of insurance who is subject to Iowa Code section
			 505.15.
c. The performance of an HIV-related test by
			 a health care provider or health facility when the subject of the test is
			 deceased and a documented significant exposure has occurred.
d. The performance of an HIV-related test by
			 a health care provider or health facility when the subject of the test is
			 unable to provide consent and the health care provider or health facility
			 provided consent for the subject of the test.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 11 - Human Immunodeficiency Virus (HIV) Infection and Acquired Immune Deficiency Syndrome (AIDS) › Rule 641-11.6 - Reporting of Diagnoses and Hiv-related Tests, Events, and Conditions to the Department

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The following
			 constitute reportable events related to HIV infection:
a. A test result indicating HIV infection,
			 including:
(1) Confirmed positive results on
			 any HIV-related test or combination of tests, including antibody tests, antigen
			 tests, cultures, and nucleic acid amplification tests.
(2) A positive result or report of a
			 detectable quantity on any other HIV detection (non-antibody) tests, and
			 results of all viral loads, including nondetectable levels.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 11 - Human Immunodeficiency Virus (HIV) Infection and Acquired Immune Deficiency Syndrome (AIDS) › Rule 641-11.7 - Penalties

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A director of
			 a plasma center , blood bank, or gan procurement or ganization, clinical
			 laboratory or public health laboratory or a physician or other health care
			 provider who repeatedly fails to file the report required pursuant to these
			 rules is subject to a report being made to the licensing board governing the
			 professional activities of the individual. The department shall notify the
			 individual each time the department determines that the individual has failed
			 to file a required report. The department shall inform the individual in the
			 notification that the individual may provide information to the department to
			 explain or dispute the failure to report.
(2) A public, private, or hospital clinical
			 laboratory that repeatedly fails to make the report required under these rules
			 is subject to a civil penalty of not more than $1,000 per occurrence. The
			 department shall not impose the penalty without prior written notice and
			 opportunity for hearing.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 11 - Human Immunodeficiency Virus (HIV) Infection and Acquired Immune Deficiency Syndrome (AIDS) › Rule 641-11.8 - Immunity

Current through Register Vol. 47, No. 3, July 24, 2024
An individual who makes a report in good faith pursuant to
				these rules is immune from any liability, civil or criminal, which might
				otherwise be incurred or imposed as a result of the report.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 11 - Human Immunodeficiency Virus (HIV) Infection and Acquired Immune Deficiency Syndrome (AIDS) › Rule 641-11.11 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
The purpose of this rule is to describe the required content of
				HIV and AIDS training programs and to identify the groups of personnel
				involved.
(1)
Nonemergency
			 personnel.
Before an initial assignment of tasks where occupational
			 exposure to blood or other potentially infectious materials may take place and
			 at least annually thereafter, all supervisory and patient care personnel of any
			 agency listed below shall complete training concerning blood-borne pathogens,
			 including human immunodeficiency virus and viral hepatitis, consistent with
			 standards from the Occupational Safety and Health Administration of the U.S.
			 Department of Labor:
a. A licensed
			 hospice,
b. A homemaker-home health
			 aide provider agency which receives state homemaker-home health aide funds,
			 or
c. An agency which provides
			 respite care services.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 11 - Human Immunodeficiency Virus (HIV) Infection and Acquired Immune Deficiency Syndrome (AIDS) › Rule 641-11.15 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
The purpose of rules
				641-11.15 (139A,141A) to
				641-11.18 (141A) is to establish
				a voluntary partner notification program, including a procedure to allow a
				physician, physician assistant or the department to notify an identifiable
				third party of an HIV-infected person directly that the party has been exposed
				to HIV when the HIV-infected person will not participate in the voluntary
				partner notification program.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 11 - Human Immunodeficiency Virus (HIV) Infection and Acquired Immune Deficiency Syndrome (AIDS) › Rule 641-11.16 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
For the purpose of rules
				641-11.15 (139A,141A) to
				641-11.18
				(141A), the following definitions shall apply:
"Identifiable third party "
means a sexual
				partner of or a person who shares drug injecting equipment with a person who
				has been diagnosed with HIV infection.
"Partner notification "
means services
				provided to a person who has tested positive for a sexually transmitted disease
				or infection or to the person's sexual or needle-sharing partners or social
				contacts. These services include, but are not limited to, counseling about the
				nature of the disease, modes of transmission, and risk reduction techniques;
				treatment or linkage to medical care and treatment; assessment for and referral
				to social or medical services; elicitation of exposed partners' names and
				contact information; testing for other diseases or conditions; and provision of
				or referral to other prevention services.
"Significant exposure "
means "significant
				exposure" as defined in
				641-11.22
				(139A).
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 11 - Human Immunodeficiency Virus (HIV) Infection and Acquired Immune Deficiency Syndrome (AIDS) › Rule 641-11.17 - Partner Notification Services by the Department

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The department shall maintain a partner
			 notification program for persons known to have tested positive for sexually
			 transmitted diseases or infections. In administering the program, the
			 department shall provide for the following:
a.
			 A physician or other health care provider shall encourage a person who tests
			 positive for a sexually transmitted disease or infection to refer for
			 counseling and testing any party with whom the newly diagnosed person has had
			 sexual relations or has shared drug injecting equipment.
b. The physician or other health care
			 provider attending the person who tests positive for a sexually transmitted
			 disease or infection may provide to the department any relevant information
			 provided by the tested person regarding any party with whom the tested person
			 has had sexual relations or has shared drug injecting equipment.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 11 - Human Immunodeficiency Virus (HIV) Infection and Acquired Immune Deficiency Syndrome (AIDS) › Rule 641-11.18 - Direct Notification of an Identifiable Third Party by a Physician, Physician Assistant or the Department

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Direct
			 notification shall be used when an HIV-infected person is having continuing
			 contact with a sexual or needle-sharing partner who is unaware of the person's
			 infection and when both of the following situations exist:
a. A physician or physician assistant for the
			 HIV-infected person is of the good-faith opinion that the nature of the
			 continuing contact through sexual intercourse or the sharing of drug injecting
			 equipment poses an imminent danger of HIV transmission to the third
			 party.
b. When the physician or
			 physician assistant believes in good faith that the HIV-infected person,
			 despite strong encouragement, has not and will not warn the third party and
			 will not participate in the voluntary partner notification program.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 11 - Human Immunodeficiency Virus (HIV) Infection and Acquired Immune Deficiency Syndrome (AIDS) › Rule 641-11.21 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
The purpose of these rules is to implement Iowa Code section
				139A.19,
				relating to care providers who are exposed to contagious or infectious
				diseases.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 11 - Human Immunodeficiency Virus (HIV) Infection and Acquired Immune Deficiency Syndrome (AIDS) › Rule 641-11.25 - Immunity

Current through Register Vol. 47, No. 3, July 24, 2024
Hospitals, clinics, health care providers, or other persons
				participating in good faith in complying with provisions authorized or required
				under these rules are immune from any liability, civil or criminal, which may
				otherwise be incurred or imposed.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 11 - Human Immunodeficiency Virus (HIV) Infection and Acquired Immune Deficiency Syndrome (AIDS) › Rule 641-11.26 - Duty to Test

Current through Register Vol. 47, No. 3, July 24, 2024
A hospital, clinic, other health care facility, health care
				provider, or other person who is authorized to perform a test under these rules
				has no duty to perform the test authorized.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 11 - Human Immunodeficiency Virus (HIV) Infection and Acquired Immune Deficiency Syndrome (AIDS) › Rule 641-11.30 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
The purpose of these rules is to describe procedures to follow
				for testing of a convicted or alleged offender for HIV pursuant to Iowa Code
				chapter 915, and to establish procedures to follow for providing counseling,
				health care, and support services to the victim.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 11 - Human Immunodeficiency Virus (HIV) Infection and Acquired Immune Deficiency Syndrome (AIDS) › Rule 641-11.32 - Hiv-related Test-convicted or Alleged Sexual Assault Offender

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Unless a
			 petitioner chooses to be represented by private counsel, the county attorney
			 shall represent the victim's interest in all proceedings under Iowa Code
			 chapter 915.
(2) If a person is
			 convicted of sexual assault or adjudicated delinquent for an act of sexual
			 assault, the county attorney, if requested by the petitioner, shall petition
			 the court for an order requiring the convicted offender to submit to an
			 HIV-related test, provided that all of the following conditions are met:
a. The sexual assault for which the offender
			 was convicted or adjudicated delinquent included sufficient contact between the
			 victim and the convicted offender to be deemed a significant exposure pursuant
			 to
			 641-11.31
			 (915).
b. The authorized
			 representative of the petitioner, the county attorney, or the court sought to
			 obtain written informed consent to the testing from the convicted
			 offender.
c. Written informed
			 consent was not provided by the convicted offender.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 11 - Human Immunodeficiency Virus (HIV) Infection and Acquired Immune Deficiency Syndrome (AIDS) › Rule 641-11.33 - Medical Examination Costs

Current through Register Vol. 47, No. 3, July 24, 2024
The cost of a medical examination for the purpose of gathering
				evidence and the cost of treatment for the purpose of preventing venereal
				disease shall be paid from the victim compensation fund as established in Iowa
				Code chapter 915. Information is available from the department of justice,
				crime victim assistance program, telephone (515)281-5044.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 11 - Human Immunodeficiency Virus (HIV) Infection and Acquired Immune Deficiency Syndrome (AIDS) › Rule 641-11.34 - Testing, Reporting, and Counseling-penalties

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The physician or other practitioner who
			 orders the testing for HIV of a convicted or alleged offender under Iowa Code
			 chapter 915 shall disclose the results of the test to the convicted or alleged
			 offender and to the victim counselor or a person requested by the victim who is
			 authorized to provide the counseling regarding the HIV-related test and
			 results, who shall disclose the results to the petitioner.
(2) Prior to ordering an HIV-related test on
			 a convicted or alleged offender, the physician or practitioner shall provide
			 information to the subject of the test concerning testing and where to obtain
			 additional information on HIV transmission and risk reduction, pursuant to Iowa
			 Code section
			 141A.6.
			 The department may be contacted for brochures that may assist in meeting the
			 requirements of Iowa Code section
			 141A.6.
(3) At any time that the subject of an
			 HIV-related test is informed of confirmed positive test results, the physician
			 or other practitioner who ordered the test shall initiate counseling concerning
			 the emotional and physical health effects of HIV infection, as required under
			 Iowa Code section
			 141A.7,
			 and shall make any required reports to the department pursuant to Iowa Code
			 section
			 141A.6.
a. The physician or other practitioner shall
			 encourage an HIV-infected person to participate in the voluntary partner
			 notification program pursuant to rule
			 641-11.17
			 (139A,141A).
b. The physician or
			 other practitioner may provide to the department any relevant information
			 provided by the HIV-infected person regarding any party with whom the
			 HIV-infected person has had sexual relations or has shared drug injecting
			 equipment.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 11 - Human Immunodeficiency Virus (HIV) Infection and Acquired Immune Deficiency Syndrome (AIDS) › Rule 641-11.40 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
For purposes of rules
				641-11.40 (141A) to
				641-11.49 (141A),
				the following definitions shall apply:
"ADAP advisory committee "
means the committee
				appointed by the bureau of HIV, STD, and hepatitis to provide advice and
				technical assistance to the department regarding ADAP.
"ADAP formulary"
means the list of drugs
				approved for use in ADAP by the bureau upon recommendation of the ADAP advisory
				committee.
"AIDS"
means acquired immune deficiency
				syndrome as defined by the Centers for Disease Control and Prevention of the
				U.S. Department of Health and Human Services.
"AIDS drug assistance program "
or
"ADAP "
means the Iowa AIDS drug assistance program
				administered by the bureau of HIV, STD, and hepatitis within the department and
				includes two components, the medication assistance program and the health
				insurance assistance program.
"Bureau "
means the bureau of HIV, STD, and
				hepatitis within the department.
"Deductible "
means an amount of money that an
				insured person must pay out of pocket before any benefits from the health
				insurance policy can be used.
"Department"
means the Iowa department of
				public health.
"Director "
means the director of the Iowa
				department of public health.
"Health insurance assistance program"
means a
				component of ADAP that purchases health insurance and pays insurance premiums,
				copayments for medications, and deductibles for eligible enrollees in
				ADAP.
"HIV"
means the human immunodeficiency virus
				identified as the causative agent of AIDS.
"Household"
means a group of individuals
				residing together who are related by birth, marriage, or adoption; or an
				individual who does not reside with any other individual to whom the individual
				is related by birth, marriage, or adoption.
"Medication assistance program "
means a
				component of ADAP that provides medications directly to eligible enrollees in
				ADAP.
"Payer of last resort"
means a requirement to
				coordinate services and seek payment from all other sources before Ryan White
				funds are used.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 11 - Human Immunodeficiency Virus (HIV) Infection and Acquired Immune Deficiency Syndrome (AIDS) › Rule 641-11.41 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
The AIDS drug assistance program is a state-administered
				program that provides certain HIV/AIDS medications to eligible low-income
				individuals diagnosed with HIV if adequate funding is available for
				administration of the program. There are two components to the Iowa AIDS drug
				assistance program: the medication assistance program and the health insurance
				assistance program. The AIDS drug assistance program is authorized under Part B
				of Title XXVI of the Public Health Service (PHS) Act, as amended by the Ryan
				White HIV/AIDS Treatment Extension Act of 2009 (
				Public Law
				111-87). This legislation requires that the Ryan
				White program, including the AIDS drug assistance program, be the payer of last
				resort for HIV-related services. ADAP is not an entitlement program and does
				not create a right to assistance. In the event that funding is exhausted or
				terminated or there are changes in state or federal guidelines, programs, or
				regulations that impact funding available to ADAP, the department reserves the
				right to close enrollment, cease to provide medication assistance or health
				insurance assistance, or alter eligibility criteria until such time that
				funding is again sufficient.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 11 - Human Immunodeficiency Virus (HIV) Infection and Acquired Immune Deficiency Syndrome (AIDS) › Rule 641-11.42 - Ensuring Payer of Last Resort

Current through Register Vol. 47, No. 3, July 24, 2024
To ensure that ADAP is the payer of last resort, the Iowa
				Medicaid enterprise shall grant the department access to client information for
				persons enrolled in Medicaid.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 11 - Human Immunodeficiency Virus (HIV) Infection and Acquired Immune Deficiency Syndrome (AIDS) › Rule 641-11.43 - Eligibility Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1) An applicant is
			 eligible to participate in the ADAP medication assistance program if the
			 applicant:
a. Applies for enrollment in ADAP
			 on a form provided by the department;
b. Has no health insurance to cover the cost
			 of the drugs that are or may become available from ADAP, or has insurance that
			 is determined by the department to be incompatible with or cost-ineffective for
			 the ADAP insurance assistance program;
c. Is currently being prescribed a drug on
			 the ADAP formulary;
d. Has an
			 annual income that is less than or equal to 500 percent of the poverty level as
			 determined by the most recent federal poverty guidelines published annually by
			 the U.S. Department of Health and Human Services for the size of the
			 household;
e. Has a medical
			 diagnosis of HIV infection or AIDS or is an unborn infant or an infant under 18
			 months of age who has an HIV-infected mother; and
f. Is a resident of Iowa.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 11 - Human Immunodeficiency Virus (HIV) Infection and Acquired Immune Deficiency Syndrome (AIDS) › Rule 641-11.44 - Enrollment Process

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
			 department shall review each completed application and shall determine
			 enrollment based upon applicant eligibility, the date on which the application
			 was completed, and the availability of funds. When the department determines
			 that an applicant is eligible for enrollment, the applicant may be enrolled for
			 six months commencing with the date of the determination or may be enrolled for
			 a shorter time period at the discretion of the department.
(2) An applicant shall provide the department
			 with all requested information and shall execute any consent forms or releases
			 of information necessary for the department to verify eligibility.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 11 - Human Immunodeficiency Virus (HIV) Infection and Acquired Immune Deficiency Syndrome (AIDS) › Rule 641-11.45 - Discontinuation of Services

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
			 department shall review eligibility semiannually after enrollment unless one of
			 the following events occurs within the six-month period to end eligibility:
a. The enrolled individual dies;
b. The enrolled individual is determined
			 eligible and enrolled to fully receive medical services through a third-party
			 payer and is able to fully pay the insurance deductibles and
			 copayments;
c. The enrolled
			 individual's annual income increases to an amount above the respective ADAP
			 component's income guidelines;
d.
			 The enrolled individual establishes residency outside the state of
			 Iowa;
e. The enrolled individual
			 does not request drugs over a 90-day period; or
f. The enrolled individual is placed in an
			 institution such as a nursing home, state prison, or jail for more than 30
			 days.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 11 - Human Immunodeficiency Virus (HIV) Infection and Acquired Immune Deficiency Syndrome (AIDS) › Rule 641-11.46 - Distribution Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Enrolled individuals shall be eligible to receive financial assistance only for
			 drugs that:
a. Have received Food and Drug
			 Administration approval to treat HIV or prevent the deterioration of health due
			 to HIV, coinfections, or opportunistic infections; and
b. Are on the ADAP formulary.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 11 - Human Immunodeficiency Virus (HIV) Infection and Acquired Immune Deficiency Syndrome (AIDS) › Rule 641-11.47 - Adap Waiting List

Current through Register Vol. 47, No. 3, July 24, 2024
(1) If
			 an applicant is eligible for ADAP and sufficient funds are available to provide
			 services to the applicant, the department shall enroll the applicant. If the
			 applicant is eligible for ADAP and sufficient funds are not available to
			 provide services to the applicant, the department shall place the applicant's
			 name on the ADAP waiting list in the order provided for in this rule.
(2) The department shall place names on the
			 waiting list in chronological order based upon the date of receipt of a
			 completed application by the department.
(3) To verify that applicants on the waiting
			 list continue to meet ADAP eligibility requirements, the department shall
			 require applicants on the waiting list to submit reapplication forms
			 semiannually.
(4) The department
			 shall remove applicants from the waiting list in the chronological order in
			 which their completed applications were approved, provided all updates were
			 received by the department.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 11 - Human Immunodeficiency Virus (HIV) Infection and Acquired Immune Deficiency Syndrome (AIDS) › Rule 641-11.48 - Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
The department shall cause an applicant to be notified of the
				department's decision to approve or deny an application or to place an
				applicant on the ADAP waiting list. In the event an applicant is dissatisfied
				with the department's decision, the applicant may submit a formal appeal in
				writing to the ADAP advisory committee. Such request shall be delivered in
				person or shall be mailed by certified mail, return receipt requested, to ADAP
				Advisory Committee, Iowa Department of Public Health, Lucas State Office
				Building, 321 E. 12th Street, Des Moines, Iowa 50319. Upon receipt of such an
				appeal, the ADAP advisory committee shall review the case and issue a written
				determination within 15 days of receipt of the request. The decision shall
				refer to the applicant by initials or other nonidentifying means. The ADAP
				advisory committee's decision shall be final and binding. This appeal process
				does not constitute a contested case proceeding as defined in Iowa Code chapter
				17A.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 11 - Human Immunodeficiency Virus (HIV) Infection and Acquired Immune Deficiency Syndrome (AIDS) › Rule 641-11.49 - Confidentiality

Current through Register Vol. 47, No. 3, July 24, 2024
The ADAP application and all information received or maintained
				by the department in connection with ADAP shall be considered confidential
				information in accordance with Iowa Code section
				141A.9.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 11 - Human Immunodeficiency Virus (HIV) Infection and Acquired Immune Deficiency Syndrome (AIDS) › Rule 641-11.50 - Hiv Infection-hospitals

Current through Register Vol. 47, No. 3, July 24, 2024
(1) These rules do not require or permit a
			 hospital to administer a test for the express purpose of determining the
			 presence of HIV infection except that testing may be performed if the patient
			 consents and if the requirements of Iowa Code section 141.22 are
			 satisfied.
(2) Following submission
			 of a significant exposure report by the emergency care provider to the hospital
			 and a determination that the exposure reported was a significant exposure as
			 defined in rule 11.46(139B,141), and a diagnosis or confirmation by the
			 attending physician that the patient has HIV infection, a hospital shall
			 provide notification of possible exposure to HIV pursuant to subrule 11.50(3)
			 to the designated officer of the emergency care provider who provided
			 assistance or treatment to the patient.
(3) Notification to the emergency care
			 provider of exposure to HIV infection shall be made in accordance with both of
			 the following:
a. The hospital shall inform
			 the patient, when the patient's condition permits, that a significant exposure
			 occurred to an emergency care provider and that a significant exposure report
			 has been filed.
b. The patient may
			 provide consent for HIV testing or voluntarily disclose HIV status to the
			 hospital and consent to the provision of notification.