265—43.5 (16) Program guidelines. For-profit and nonprofit sponsors are eligible to apply for assistance under this program based on the following program guidelines; however, prior to submission of the loan application, a service provider must receive approval of a service plan to benefit the Medicaid waiver-eligible individuals who reside in the project. The service provider may apply for the loan fund; however, the service provider does not have to be the applicant for the loan fund. If the service provider is not the loan applicant, a memorandum of understanding must exist between the loan applicant and the service provider which shows an obligation on behalf of the service provider to deliver services to the Medicaid waiver-eligible individuals residing in the project and which shows that the loan applicant is obligated to offer housing to the Medicaid waiver-eligible individuals who need the services provided by the service provider.
	 43.5(1) Projects eligible for assistance must meet the following criteria:
	  a.   	 Written approval must be obtained from the department for the proposed project prior to application for loan funds.
	  b.   	 In order to be approved by the department, the project must demonstrate all of the following components:
	 (1) 	 The project serves one of the following Medicaid waiver-eligible populations:
	  1. 	 Individuals who are currently underserved in community settings, including individuals who are physically aggressive or have behaviors that are difficult to manage or individuals who meet the PMIC level of care; or
	  2. 	 Individuals who are currently placed out of state by the department; or
	  3. 	 Individuals who are currently receiving care in an Iowa-licensed health care facility.
	 (2) 	 A plan to provide each Medicaid waiver-eligible individual with crisis stabilization services to ensure that the individual’s behavioral issues are appropriately addressed by the provider.
	 (3) 	 Policies and procedures that prohibit discharge of the Medicaid waiver-eligible individual from the waiver services provided by the project provider unless an alternative placement that is acceptable to the individual or the individual’s guardian is identified.
	  c.   	 In order to be approved by the department for application for funding for development of infrastructure in which to provide supportive services under this chapter, a project shall include all of the following components:
	 (1) 	 Provision of services to Medicaid waiver-eligible individuals who meet the PMIC level of care.
	 (2) 	 Policies and procedures that prohibit discharge of the Medicaid waiver-eligible individual from the waiver services provided by the project provider unless an alternative placement that is acceptable to the individual or the individual’s guardian is identified.
	 43.5(2) The following types of activities are eligible for assistance:
	  a.   	 Acquisition and rehabilitation.
	  b.   	 New construction.
	  c.   	 Such other similar activities as may be determined by the authority to fall within the guidelines and purposes established for this program.
	 43.5(3) Assistance will be provided upon the following terms and conditions:
	  a.   	 Generally, the minimum loan amount is $50,000, and the maximum loan amount is $500,000. The maximum loan term and amortization period are each 30 years.
	  b.   	 The debt service ratio must be at least 1.25:1 for the authority’s first mortgage, as calculated by the authority. In addition, the loan-to-value ratio of the project, as calculated by the authority, will be considered. Notwithstanding the above, the authority may, in its sole discretion, accept a lower debt service ratio based on the final underwriting of the project.
	  c.   	 Interest rates will be set by the authority, in its sole discretion.
	  d.   	 Loans shall be secured by a first mortgage, to the extent possible. Construction financing may be awarded to projects.
	  e.   	 Recipients of assistance must agree to observe several covenants and restrictions all in accordance with such loan and mortgage documents as may be required by the authority under this program.
	  f.   	 The recipient must provide adequate evidence that its title in the real estate on which the project is to be located is a marketable title pursuant to Iowa Land Title Examination Standards, or other applicable law. Adequate evidence of marketable title is demonstrated by either (1) a title opinion of an attorney authorized to practice law in Iowa showing that the loan recipient has marketable title, or (2) a title guaranty certificate issued by the title guaranty division of the Iowa finance authority showing the recipient as the guaranteed.
	  g.   	 Recipients must execute such documents and instruments and must provide such information, certificates and other items as determined necessary by the authority, in its sole discretion, in connection with any assistance.
	 43.5(4) Loan fees.
	  a.   	 Loan fees are as follows:
	 (1) 	 Application fee – 0.3 percent of loan amount.
	 (2) 	 Commitment fee (construction period) – 1.0 percent of loan amount.
	 (3) 	 Commitment fee (permanent loan) – 2.0 percent of loan amount.
	 (4) 	 Inspection fee (construction loan) – 0.5 percent of loan amount.
	  b.   	 The authority may, in limited cases, reduce such fees if necessary in connection with assistance provided under this program. Such decision will be made in the sole discretion of the authority.
[ARC 9690B, IAB 8/24/11, effective 8/18/11; ARC 9878B, IAB 11/30/11, effective 1/4/12]