1. As used in this section, unless the context otherwise requires:
a. (1) "Disability" means, with respect to an individual, a physical or mental impairment that substantially limits one or more of the major life activities of the individual, a record of physical or mental impairment that substantially limits one or more of the major life activities of the individual, or being regarded as an individual with a physical or mental impairment that substantially limits one or more of the major life activities of the individual.
(2) "Disability" does not include any of the following:
(a) Homosexuality or bisexuality.
(b) Transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders.
(c) Compulsive gambling, kleptomania, or pyromania.
(d) Psychoactive substance abuse disorders resulting from current illegal use of drugs.
(e) Alcoholism.
b. "Major life activity" includes functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, or working.
c. "Personal assistance services" means services performed by a person to assist an individual with a disability with tasks which that individual would typically do if the individual did not have a disability. The services are intended to enable an individual with a disability to live in the individual's home or community rather than in an institutional setting and may include but are not limited to any of the following:
(1) Dressing.
(2) Bathing.
(3) Access to and from bed or a wheelchair.
(4) Toilet assistance, including bowel, bladder, and catheter assistance.
(5) Eating and feeding.
(6) Cooking and housekeeping assistance.
(7) Employment support.
(8) Cognitive assistance with tasks such as handling money and scheduling.
(9) Fostering communication access through interpreting and reading services.
d. (1) "Substantially limits" means either of the following:
(2) The following factors may be considered in determining whether an individual is substantially limited in a major life activity:
(a) The nature and severity of the impairment.
(b) The duration or expected duration of the impairment.
(c) The permanent or long-term impact, or expected permanent or long-term impact of or resulting from the impairment.
(a) Unable to perform a major life activity that the average person in the general population can perform.
(b) Significantly restricted as to the condition, manner, or duration under which an individual can perform a particular major life activity as compared to the condition, manner, or duration under which the average person in the general population can perform that same major life activity.
2. Eligibility for the personal assistance services program shall be limited to individuals with a disability, who have Iowa or federal taxable income of less than forty thousand dollars, who are residents of this state, and who are at least eighteen years of age or are emancipated minors. For the purposes of this subsection, "emancipated minor" means a person under eighteen years of age who is married or who is living separate and apart from the person's parent, regardless of the duration of the separate residence, and is managing the person's own financial affairs regardless of the source or extent of the person's income.
3. An individual served under the personal assistance services program shall determine the components of the personal assistance services to be provided with the person who is providing the services to the individual. Based upon the components determined by the individual, the department shall develop a provider contract or other means of paying for services. The components may include but are not limited to all of the following:
a. Training of the person providing services.
b. Selection of the person providing services.
c. Management of the person providing services.
d. Performance standards for the person providing services.
e. Annual review or review upon demonstration of significant changes in the circumstances of the individual being provided with personal assistance services.
4. The department shall adopt rules providing for all of the following:
a. Coordination of personal assistance service activities and funding with other state and local agencies which provide services to individuals with disabilities or funding of such services.
b. The components of contracts between individuals with disabilities being provided personal assistance services and providers of personal assistance services.
c. Upon request of an individual with disabilities, provision of assistance in locating a provider of personal assistance services for the individual.
d. Upon request of an individual with disabilities, provision of technical assistance to the individual concerning the employment of a personal assistant or contracting for services with a personal assistance services provider.
e. Procedures for disbursement of funds. Funds for the purchase of personal assistance services shall be paid directly to individuals with disabilities pursuant to a contract or by other appropriate means of payment. The rules shall include provisions to track the use of the funds and to monitor contract compliance.
f. Implementation of the program in accordance with the funding appropriated for the program.
94 Acts, ch 1041, §2
Referred to in §216E.1, 225C.48, 225C.49, 422.11E, 422.33
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