441—82.3(249A) Conditions of participation for intermediate care facilities for persons with an intellectual disability. All intermediate care facilities for persons with an intellectual disability must enter into a contractual agreement with the department which sets forth the terms under which they will participate in the program.
	82.3(1) Procedures for establishing health care facilities as Title XIX facilities. All survey procedures and the certification process shall be in accordance with Department of Health and Human Services publication “Providers Certification State Operations Manual.”
	a. 	The facility shall obtain the applicable license from the department of inspections and appeals.
	b. 	The facility shall request an application, Form 470-0254, Iowa Medicaid Provider Enrollment Application, from the Iowa Medicaid enterprise provider services unit.
	c. 	The department shall transmit an application form and copies of standards to the facility.
	d. 	The facility shall complete its portion of the application form and submit it to the department.
	e. 	The department shall review the application form and forward it to the department of inspections and appeals.
	f. 	The department of inspections and appeals shall schedule and complete a survey of the facility.
	g. 	The department of inspections and appeals shall notify the facility of any deficiencies and ask for a plan for the correction of the deficiencies.
	h. 	The facility shall submit a plan of correction within ten days after receipt of written deficiencies from the health facilities division, department of inspections and appeals. This plan must be approved before the facility can be certified.
	i. 	The department of inspections and appeals shall evaluate the survey findings and plan of correction and either recommend the facility for certification or recommend denial of certification. The date of certification will be the date of approval of the plan of corrections.
	j. 	When certification is recommended, the department of inspections and appeals shall notify the department recommending terms and conditions of a provider agreement.
	k. 	The department shall review the certification data and:
	(1)	Transmit the provider agreement as recommended, or
	(2)	Transmit the provider agreement for a term less than recommended by the department of inspections and appeals or elect not to execute an agreement for reasons of good cause as defined in 82.3(2)“c.”
	82.3(2) Title XIX provider agreements. The health care facility must be recommended for certification by the Iowa department of inspections and appeals for participation as an intermediate care facility for persons with an intellectual disability before a provider agreement may be issued. All survey procedures and certification processes shall be in accordance with Department of Health and Human Services publication “Providers Certification State Operations Manual.” The effective date of a provider agreement may not be earlier than the date of certification.
	a. 	Terms of the agreement for facilities without deficiencies are as follows:
	(1)	The provider agreement shall be issued for a period not to exceed 12 months.
	(2)	The provider agreement shall be for the term of and in accordance with the provisions of certification, except that for good cause, the department may elect to execute an agreement for a term less than the period of certification, elect not to execute an agreement for reasons of good cause, or cancel an agreement.
	b. 	Terms of the agreement for facilities with deficiencies are as follows:
	(1)	A new provider agreement may be executed for a period not to exceed 60 days from the time required to correct deficiencies up to a period of 12 months.
	(2)	A new provider agreement may be issued for a period of up to 12 months subject to automatic cancellation 60 days following the scheduled date for correction unless required corrections have been completed or unless the survey agency finds and notifies the department that the facility has made substantial progress in correcting the deficiencies and has resubmitted in writing a new plan of correction acceptable to the survey agency.
	(3)	There will be no new agreement when the facility continues to be out of compliance with the same standard(s) at the end of the term of agreement.
	c. 	The department may, for good cause, elect not to execute an agreement. Good cause shall be defined as a continued or repeated failure to operate an intermediate care facility for persons with an intellectual disability in compliance with rules and regulations of the program.
	d. 	The department may at its option extend an agreement with a facility for two months under either of the following conditions:
	(1)	The health and safety of the residents will not be jeopardized thereby and the extension is necessary to prevent irreparable harm to the facility or hardship to the resident.
	(2)	It is impracticable to determine whether the facility is complying with the provisions and requirements of the provider agreement.
	e. 	When it becomes necessary for the department to cancel or refuse to renew a Title XIX provider agreement, federal financial participation may continue for 30 days beyond the date of cancellation if the extension is necessary to ensure the orderly transfer of residents.
	f. 	When the department of inspections and appeals survey indicates deficiencies in the areas of the Life Safety Code (LSC) or environment and sanitation, a timetable detailing corrective measures shall be submitted to the department of inspections and appeals before a provider agreement can be issued. This timetable shall not exceed two years from the date of initial certification and shall detail corrective steps to be taken and when corrections will be accomplished. The following shall apply in these instances.
	(1)	The department of inspections and appeals shall determine that the facility can make corrections within the two-year period.
	(2)	During the period allowed for corrections, the facility shall be in compliance with existing state fire safety and sanitation codes and regulations.
	(3)	The facility shall be surveyed at least semiannually until corrections are completed. The facility must have made substantial effort and progress in its plan of correction as evidenced by work orders, contracts, or other evidence.
	82.3(3) Appeals of decertification. A facility may appeal a decertification action according to 441—subrule 81.13(28).
This rule is intended to implement Iowa Code section 249A.12.
[ARC 0582C, IAB 2/6/13, effective 4/1/13]