17—1.5(231) Definitions. 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.
“Fiscal year” or “FY” means the state fiscal year, July 1 through June 30, numbered according to the year in which the fiscal year ends.
“Focal point” 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 “IADL” 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(1)” 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.
[ARC 8489B, IAB 1/27/10, effective 1/7/10; ARC 0619C, IAB 3/6/13, effective 4/10/13; ARC 0742C, IAB 5/15/13, effective 6/19/13; ARC 1532C, IAB 7/9/14, effective 8/13/14; ARC 4874C, IAB 1/15/20, effective 2/19/20]