441—78.52(249A) HCBS children’s mental health waiver services. Payment will be approved for the following services to members eligible for the HCBS children’s mental health waiver as established in 441—Chapter 83 and as identified in the member’s service plan. Effective March 17, 2022, payment shall only be made for services provided in integrated, community-based settings that support full access of members receiving Medicaid HCBS to the greater community, including opportunities to seek employment and work in competitive integrated settings, engage in community life, control personal resources, and receive services in the community, to the same degree of access as individuals not receiving Medicaid HCBS.
	78.52(1) General service standards. All children’s mental health waiver services must be provided in accordance with the following standards:
	a. 	Reimbursement shall not be available under the waiver for any services that the member can obtain as other nonwaiver Medicaid services or through any other funding source.
	b. 	All services provided under the waiver must be delivered in the least restrictive environment possible and in conformity with the member’s service plan.
	c. 	All rights restrictions must be implemented in accordance with 441—subrule 77.25(4). The member service plan or treatment plan shall include documentation of:
	(1)	Any restrictions on the member’s rights, including the rights of privacy, dignity, respect, and freedom from coercion and restraint.
	(2)	The need for the restriction.
	(3)	The less intrusive methods of meeting the need that have been tried but did not work.
	(4)	Either a plan to restore those rights or written documentation that a plan is not necessary or appropriate.
	(5)	Established time limits for periodic reviews to determine if the restriction is still necessary or can be terminated.
	(6)	The informed consent of the member.
	(7)	An assurance that the interventions and supports will cause no harm to the member.
	(8)	A regular collection and review of data to measure the ongoing effectiveness of the restriction.
	d. 	Services must be billed in whole units.
	e. 	For all services with a 15-minute unit of service, the following rounding process will apply:
	(1)	Add together the minutes spent on all billable activities during a calendar day for a daily total.
	(2)	For each day, divide the total minutes spent on billable activities by 15 to determine the number of full 15-minute units for that day.
	(3)	Round the remainder using these guidelines: Round 1 to 7 minutes down to zero units; round 8 to 14 minutes up to one unit.
	(4)	Add together the number of full units and the number of rounded units to determine the total number of units to bill for that day.
	78.52(2) Environmental modifications and adaptive devices.
	a. 	Environmental modifications and adaptive devices include medically necessary items installed or used within the member’s home that are used by the member to address specific, documented health, mental health, or safety concerns. The following items are excluded under this service:
	(1)	Items ordinarily covered by Medicaid.
	(2)	Items funded by educational or vocational rehabilitation programs.
	(3)	Items provided by voluntary means.
	(4)	Repair and maintenance of items purchased through the waiver.
	(5)	Fencing.
	b. 	A unit of service is one modification or device.
	c. 	For each unit of service provided, the case manager shall maintain in the member’s case file a signed statement from a mental health professional on the member’s interdisciplinary team that the service has a direct relationship to the member’s diagnosis of serious emotional disturbance.
	d. 	Payment for most items shall be based on a fee schedule. The amount of the fee shall be determined as directed in 441—subrule 79.1(17).
	78.52(3) Family and community support services. Family and community support services shall support the member and the member’s family by the development and implementation of strategies and interventions that will result in the reduction of stress and depression and will increase the member’s and the family’s social and emotional strength.
	a. 	Dependent on the needs of the member and the member’s family members individually or collectively, family and community support services may be provided to the member, to the member’s family members, or to the member and the family members as a family unit.
	b. 	Family and community support services shall be provided under the recommendation and direction of a mental health professional who is a member of the member’s interdisciplinary team pursuant to 441—Chapter 83.
	c. 	Family and community support services shall incorporate recommended support interventions and activities, which may include the following:
	(1)	Developing and maintaining a crisis support network for the member and for the member’s family.
	(2)	Modeling and coaching effective coping strategies for the member’s family members.
	(3)	Building resilience to the stigma of serious emotional disturbance for the member and the family.
	(4)	Reducing the stigma of serious emotional disturbance by the development of relationships with peers and community members.
	(5)	Modeling and coaching the strategies and interventions identified in the member’s crisis intervention plan as defined in 441—24.1(225C) for life situations with the member’s family and in the community.
	(6)	Developing medication management skills.
	(7)	Developing personal hygiene and grooming skills that contribute to the member’s positive self-image.
	(8)	Developing positive socialization and citizenship skills.
	d. 	Family and community support services may include an amount not to exceed $1500 per member per year for transportation within the community and purchase of therapeutic resources. Therapeutic resources may include books, training materials, and visual or audio media.
	(1)	The interdisciplinary team must have identified the transportation or therapeutic resource as a support need and included that need in the case manager’s plan.
	(2)	The annual amount available for transportation and therapeutic resources must be listed in the member’s service plan.
	(3)	The member’s parent or legal guardian shall submit a signed statement that the transportation or therapeutic resource cannot be provided by the member or the member’s family or legal guardian.
	(4)	The member’s Medicaid case manager shall maintain a signed statement that potential community resources are unavailable and shall list the community resources contacted to fund the transportation or therapeutic resource.
	(5)	The transportation or therapeutic resource must not be otherwise eligible for Medicaid reimbursement.
	e. 	The following components are specifically excluded from family and community support services:
	(1)	Vocational services.
	(2)	Prevocational services.
	(3)	Supported employment services.
	(4)	Room and board.
	(5)	Academic services.
	(6)	General supervision and care.
	f. 	A unit of family and community support services is 15 minutes.
	78.52(4) In-home family therapy. In-home family therapy provides skilled therapeutic services to the member and family that will increase their ability to cope with the effects of serious emotional disturbance on the family unit and the familial relationships. The service must support the family by the development of coping strategies that will enable the member to continue living within the family environment.
	a. 	The goal of in-home family therapy is to maintain a cohesive family unit.
	b. 	In-home family therapy is exclusive of and cannot serve as a substitute for individual therapy, family therapy, or other mental health therapy that may be obtained through Medicaid or other funding sources.
	c. 	A unit of in-home family therapy service is 15 minutes.
	78.52(5) Respite care services. Respite care services are services provided to the member that give temporary relief to the usual caregiver and provide all the necessary care that the usual caregiver would provide during that period. The purpose of respite care is to enable the member to remain in the member’s current living situation.
	a. 	Respite services provided outside the member’s home shall not be reimbursable if the living unit where respite care is provided is reserved for another person on a temporary leave of absence.
	b. 	Member-to-staff ratios shall be appropriate to the individual needs of the member as determined by the member’s interdisciplinary team.
	c. 	A unit of service is 15 minutes.
	d. 	Respite care is not to be provided to members during the hours in which the usual caregiver is employed except when the member is attending a 24-hour residential camp. Respite care shall not be used as a substitute for a child’s day care.
	e. 	The interdisciplinary team shall determine if the member will receive basic individual respite, specialized respite or group respite as defined in 441—Chapter 83.
	f. 	A maximum of 14 consecutive days of 24-hour respite care may be reimbursed.
	g. 	Respite services provided for a period exceeding 24 consecutive hours to three or more members who require nursing care because of a mental or physical condition must be provided by a health care facility licensed under Iowa Code chapter 135C.
	h. 	Respite services shall not be provided simultaneously with other residential, nursing, or home health aide services provided through the medical assistance program.
This rule is intended to implement Iowa Code section 249A.4 and 2005 Iowa Acts, chapter 167, section 13, and chapter 117, section 3.
[ARC 9403B, IAB 3/9/11, effective 5/1/11 (See Delay note at end of chapter); ARC 9704B, IAB 9/7/11, effective 9/1/11; ARC 9884B, IAB 11/30/11, effective 1/4/12; ARC 0707C, IAB 5/1/13, effective 7/1/13; ARC 0709C, IAB 5/1/13, effective 7/1/13; ARC 3874C, IAB 7/4/18, effective 8/8/18; ARC 5305C, IAB 12/2/20, effective 2/1/21]