ARC 6323C
PUBLIC HEALTH DEPARTMENT[641]
Notice of Intended Action
Proposing rule making related to AIDS drug assistance program eligibility requirements
and providing an opportunity for public comment
The Public Health Department hereby proposes to amend Chapter 11, “Human Immunodeficiency Virus (HIV) Infection and Acquired Immune Deficiency Syndrome (AIDS),” Iowa Administrative Code.
Legal Authority for Rule Making
This rule making is proposed under the authority provided in Iowa Code chapter 141A.
State or Federal Law Implemented
This rule making implements, in whole or in part, Iowa Code section 141A.3(1).
Purpose and Summary
The proposed amendments increase the eligibility for the AIDS Drug Assistance Program (ADAP) from 400 percent of the federal poverty level (FPL) to 500 percent of the FPL for medication and insurance assistance. The proposed amendments also modify the requirements for medication assistance to account for some health plans that do not allow the ADAP to assist with insurance costs or that are not cost effective for the ADAP to support.
Fiscal Impact
This rule making has no fiscal impact to the State of Iowa.
Jobs Impact
After analysis and review of this rule making, no impact on jobs has been found.
Waivers
Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to the Department’s waiver provisions contained in 641—Chapter 178.
Public Comment
Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Department no later than 4:30 p.m. on June 7, 2022. Comments should be directed to:

Randy Mayer
Department of Public Health
Lucas State Office Building
321 East 12th Street
Des Moines, Iowa 50319
Email: randall.mayer@idph.iowa.gov	
Public Hearing
No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members.
Review by Administrative Rules Review Committee
The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).
The following rule-making action is proposed:
	Amend rule 641—11.43(141A) as follows:
641—11.43(141A) Eligibility requirements.
	11.43(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 400 500 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.
	11.43(2) An applicant is eligible to participate in the ADAP health insurance assistance program if the applicant:
	a. 	Applies for enrollment in ADAP on a form provided by the department;
	b. 	Has creditable health insurance coverage or meets the enrollment qualifications for an ADAP-sponsored health plan;
	c. 	Is currently being prescribed a drug on the ADAP formulary;
	d. 	Has an annual income that is less than or equal to 400 500 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.