Proposing rule making related to average cost of nursing facility services and average charges and maximum Medicaid rate for institutional care and providing an opportunity for public comment
The Human Services Department hereby proposes to amend Chapter 75, “Conditions of Eligibility,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 249A.4.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 249A.4.Purpose and Summary This proposed rule making amends subrule 75.23(3) to increase the statewide average cost of nursing facility services to a private-pay person. The figure is being revised to reflect the increase in the cost of private-pay rates for nursing facility care in Iowa. The change is not related to rates paid by Medicaid for nursing facility care. The figure is used to determine the period of ineligibility when an applicant or recipient transfers assets for less than fair market value. When assets are transferred to attain or maintain Medicaid eligibility, the individual may be ineligible for Medicaid payment of long-term care services for a period of time. The period of ineligibility is determined by dividing the amount transferred by the statewide average cost of nursing facility services to a private-pay person. The Department conducted a survey of the freestanding nursing facilities, hospital-based skilled facilities, and special population facilities in Iowa to update the statewide average cost for nursing facilities. The average monthly private-pay cost of nursing facility services increased from $6,269.63 to $6,447.54. This proposed rule making also amends subparagraphs 75.24(3)“b”(1), (2) and (4) to adjust the average charges for nursing facilities and psychiatric medical institutions for children (PMICs) and to update the maximum Medicaid rate for intermediate care facilities for persons with an intellectual disability (ICF/IDs). These figures are used to determine the disposition of the income of a medical assistance income trust (MAIT). Nursing facility amounts are not related to the rates paid by Medicaid for nursing facility care. For this purpose, the Department’s survey for statewide average private-pay charges at the nursing facility level of care included only the freestanding nursing facilities in Iowa. Hospital-based skilled facilities and special populations units were not included in the survey since recipients are allowed to use the average cost of the specialized care. The average charges for PMICs are based on the average statewide charge to a private-pay resident of a psychiatric medical institution for children. The increases in these amounts will allow additional individuals to qualify for medical assistance by decreasing the period of ineligibility for a transfer of assets and allowing additional individuals to qualify for medical assistance with MAITs because the income limit at which all income assigned to a MAIT is considered to be available for Medicaid eligibility purposes is increased. The average statewide charge to a resident of a mental health institute (MHI) is addressed in a separate rule making (see ARC 3761C, 4/25/18 IAB).Fiscal Impact An increase in the statewide average cost used to determine the period of ineligibility for long-term care services due to a transfer of assets may increase Medicaid expenditures because the period of ineligibility for transfers will be shorter. Given the marginal nature of this change, coupled with the level of income required in order to be impacted, any fiscal impact would be minimal. The change in the average statewide charges and maximum Medicaid rate used for disposition of medical assistance income trusts may increase Medicaid expenditures by allowing more individuals to become eligible by establishing a MAIT. Given the marginal nature of this change, coupled with the level of income required in order to be impacted, any fiscal impact would be minimal. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers These amendments do not contain waiver provisions because they confer a benefit. Everyone should be subject to the same amounts set by this rule making. Individuals may request an exception pursuant to the Department’s general rule on exceptions to policy at rule 441—1.8(17A,217). 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 May 15, 2018. Comments should be directed to: Harry Rossander Bureau of Policy CoordinationDepartment of Human Services Hoover State Office Building, Fifth Floor1305 East Walnut StreetDes Moines, Iowa 50319-0114Email: policyanalysis@dhs.state.ia.usPublic 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 actions are proposed:
ITEM 1. Amend subrule 75.23(3) as follows: 75.23(3) Period of ineligibility. The number of months of ineligibility shall be equal to the total cumulative uncompensated value of all assets transferred by the individual (or the individual’s spouse) on or after the look-back date specified in subrule 75.23(2), divided by the statewide average private-pay rate for nursing facility services at the time of application. The department shall determine the average statewide cost to a private-pay resident for nursing facilities and update the cost annually. For the period from July 1, 20172018, through June 30, 20182019, this average statewide cost shall be $6,269.63$6,447.54 per month or $206.24$212.09 per day. ITEM 2. Amend paragraph 75.24(3)"b", introductory paragraph, as follows: b. A trust established for the benefit of an individual if the trust is composed only of pension, social security, and other income to the individual (and accumulated income of the trust), and the state will receive all amounts remaining in the trust upon the death of the individual up to the amount equal to the total medical assistance paid on behalf of the individual. For disposition of trust amounts pursuant to Iowa Code sections 633C.1 to 633C.5, the average statewide charges and Medicaid rates for the period from July 1, 20172018, to June 30, 20182019, shall be as follows: ITEM 3. Amend subparagraphs 75.24(3)"b", 75.24(3)"b" and 75.24(3)"b" as follows: (1) The average statewide charge to a private-pay resident of a nursing facility is $5,829$6,005 per month. (2) The maximum statewide Medicaid rate for a resident of an intermediate care facility for persons with an intellectual disability is $29,240$31,529 per month. (4) The average statewide charge to a private-pay resident of a psychiatric medical institution for children is $7,999$9,088 per month.ARC 3761CHuman Services Department[441]Notice of Intended ActionProposing rule making related to average charge for care in a mental health institute and providing an opportunity for public comment
The Human Services Department hereby proposes to amend Chapter 75, “Conditions of Eligibility,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 249A.4.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 249A.4.Purpose and Summary This proposed rule making updates administrative rules to adjust the average charge for care in mental health institutes (MHIs). The average charge for care in MHIs is used to determine the disposition of the income of a medical assistance income trust (MAIT) and is based on Medicaid rates because Medicaid is the primary payer of the services. The decrease in this amount may cause fewer individuals who reside in an MHI to be able to qualify for medical assistance with MAITs because the income limit at which all income assigned to a MAIT is considered to be available for Medicaid eligibility purposes is decreased. The statewide average private-pay charge for nursing facility care and for psychiatric medical institutions for children (PMICs) and the maximum Medicaid rate for intermediate care facilities for persons with an intellectual disability (ICF/IDs) are addressed in a separate rule making (see ARC 3760C, 4/25/18 IAB). Fiscal Impact This rule making has a fiscal impact of less than $100,000 annually or $500,000 over five years to the State of Iowa. The decrease in this amount may cause fewer individuals who reside in an MHI to qualify for medical assistance with MAITs because the income limit at which all income assigned to a MAIT is considered to be available for Medicaid eligibility purposes is decreased. However, the change will have a minimal impact, as the decrease is small. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers These amendments do not contain waiver provisions because everyone should be subject to the same amounts set by this rule. Individuals may request an exception pursuant to the Department’s general rule on exceptions to policy at rule 441—1.8(17A,217).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 May 15, 2018. Comments should be directed to: Harry Rossander Bureau of Policy Coordination Department of Human Services Hoover State Office Building, Fifth Floor 1305 East Walnut Street Des Moines, Iowa 50319-0114 Email: policyanalysis@dhs.state.ia.usPublic 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:
ITEM 1. Amend subparagraph 75.24(3)"b" as follows: (3) The average statewide charge to a resident of a mental health institute is $29,312$27,667 per month.ARC 3758CPharmacy Board[657]Notice of Intended ActionProposing rule making related to fentanyl-related substances and providing an opportunity for public comment
The Board of Pharmacy hereby proposes to amend Chapter 10, “Controlled Substances,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code sections 124.201 and 124.301.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 124.201 and 124.301.Purpose and Summary The proposed amendment temporarily schedules fentanyl-related products that are not already listed in another schedule as Schedule I controlled substances in response to action taken by the federal Drug Enforcement Administration.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 Board for a waiver of the discretionary provisions, if any, pursuant to 657—Chapter 34.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 Board no later than 4:30 p.m. on May 15, 2018. Comments should be directed to: Sue Mears Board of Pharmacy 400 S.W. 8th Street, Suite EDes Moines, Iowa 50309-4688Email: sue.mears@iowa.govPublic 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:
ITEM 1. Adopt the following new paragraph 10.39(2)"an": an. Any fentanyl-related substance that is not currently listed in any schedule of the Controlled Substances Act (CSA) and its isomers, esters, ethers, salts and salts of isomers, esters, and ethers.ARC 3764CPharmacy Board[657]Notice of Intended ActionProposing rule making related to interchangeable biological products and labeling requirements and providing an opportunity for public comment
The Pharmacy Board hereby proposes to amend Chapter 18, “Centralized Prescription Filling and Processing,” and Chapter 22, “Unit Dose, Alternative Packaging, and Emergency Boxes,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 147.76.State or Federal Law Implemented This rule making implements, in whole or in part, 2017 Iowa Acts, House File 305.Purpose and Summary The proposed amendments incorporate language from 2017 Iowa Acts, House File 305, signed into law during the 2017 Legislative Session of the 87th General Assembly, which allows the substitution of interchangeable biological products and includes labeling requirements.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 Board for a waiver of the discretionary provisions, if any, pursuant to 657—Chapter 34. 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 Board no later than 4:30 p.m. on May 15, 2018. Comments should be directed to: Sue Mears Board of Pharmacy 400 S.W. 8th Street, Suite E Des Moines, Iowa 50309-4688 Email: sue.mears@iowa.govPublic 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 actions are proposed:
ITEM 1. Amend subrule 18.3(4) as follows: 18.3(4) Central fill label requirements. The label affixed to the prescription container filled by a central fill pharmacy on behalf of an originating pharmacy shall include the following: a. A unique identifier indicating that the prescription was filled at the central fill pharmacy; b. Serial number (a unique identification number of the prescription) as assigned by the originating pharmacy; c. The name, address, and telephone number of the originating pharmacy; d. TheExcept as provided in 657—subrule 8.19(7) for epinephrine auto-injectors or 657—subrule 8.19(8) for opioid antagonists, the name of the patient or, if such drug is prescribed for an animal, the species of the animal and the name of its owner; e. The name of the prescribing practitioner; f. The date the prescription is filled by the central fill pharmacy; g. The directions or instructions for use, including precautions to be observed; h. Unless otherwise directed by the prescriber, the name, strength, and quantity of the drug dispensed. (1) If a pharmacist selects an equivalent drug product for a brand name drug product prescribed by a practitioner, the prescription container label shall identify the generic drug and may identify the brand name drug for which the selection is made, such as “(generic name) Generic for (brand name product)”.; (2) If a pharmacist selects a brand name drug product for a generic drug product prescribed by a practitioner, the prescription container label shall identify the brand name drug product dispensed and may identify the generic drug product ordered by the prescriber, such as “(brand name product) for (generic name)”; (3) If a pharmacist selects an interchangeable biological product for the biological product prescribed by a practitioner, the prescription container label shall identify the interchangeable biological product dispensed and may identify the biological product prescribed by the practitioner, such as “(interchangeable biological product) for (biological product)”; i. The initials or other unique identification of the pharmacist in the originating pharmacy who performed drug use review and transmitted the prescription drug order to the central fill pharmacy. ITEM 2. Amend subrule 22.1(3) as follows: 22.1(3) Labeling requirements. a. Labeling for single unit or unit dose packaging shall comply with the following: (1) Doses packaged by the manufacturer or distributor shall be properly labeled according to federal Food and Drug Administration (FDA) requirements. (2) Doses packaged by the pharmacy for use beyond a 24-hour period shall be labeled and packaged according to the prepackaging requirements established in subrule 22.3(2). b. Labeling for unit of issue packages shall contain the following information: (1) Name, strength, and expiration date of drug when the packages are utilized for floor stock in an institutional setting. (2) Name and room or bed number of patient, the name of prescribing practitioner, the name and strength of drug, directions for use, and name and address of the dispensing pharmacy, when the packages are utilized for patients in an institutional setting. Room or bed number, the name of prescribing practitioner, and the name and address of the dispensing pharmacy are not required if this information appears on a medication administration record used by the institution. (3) Unit of issue packages dispensed to patients on an outpatient basis or in a noninstitutional setting shall be considered prescription containers and shall be labeled in accordance with 657—subrule 6.10(1). c. If a pharmacist selects a generically equivalent drug product for a brand name drug product prescribed by a practitioner, the label must identify the generic drug and may identify the brand name drug for which the selection is made. The dual identification allowed under this paragraph must take the form of the following statement on the label: “(generic name) Generic for (brand name product)”.If a pharmacist selects an interchangeable biological product for the biological product prescribed by a practitioner, the label shall identify the interchangeable biological product dispensed and may identify the biological product prescribed by the practitioner, such as “(interchangeable biological product) for (biological product)”. d. The labeling requirements of paragraphs “a” and “b” of this subrule shall not apply to the special circumstances identified in rule 657—23.13(124,155A). e. Those drugs not dispensed under a unit dose dispensing system shall be labeled in accordance with the requirements of subrule 22.5(5) or 657—subrule 6.10(1) as appropriate. ITEM 3. Amend subrule 22.5(5) as follows: 22.5(5) Labeling requirements. a. Except as provided in subrule 22.5(6), the patient med pak shall be labeled with the following: (1) The name of the patient; (2) The unique identification number for the patient med pak itself and a separate unique identification number for each of the prescription drug orders for each of the drug products contained therein; (3) The name, strength, dosage form, and total quantity of each drug product contained therein; (4) The directions for use for each drug product contained therein; (5) The name of the prescriber of each drug product; (6) The date of preparation of the patient med pak and the beyond-use date assigned to the patient med pak; (7) The name, address, and telephone number of the pharmacy; and (8) The initials or unique identification of the responsible pharmacist. b. The patient med pak shall be accompanied by a patient package insert, in the event that any drug contained therein is required to be dispensed with such insert as accompanying labeling. Alternatively, such required information may be incorporated into a single, overall educational insert provided by the pharmacist for the total patient med pak. c. If the patient med pak allows for the removal or separation of the intact containers therefrom, each individual container shall bear a label identifying the patient, the unique identification number for the patient med pak, and the name and telephone number of the dispensing pharmacy. d. If a pharmacist selects a generically equivalent drug product for a brand-namebrand name drug product prescribed by a practitioner, the label must identify the generic drug and may identify the brand-namebrand name drug for which the selection is made. The dual identification allowed under this paragraph must take the form of the following statement on the label: “(generic name) Generic for (brand-namebrand name product)”.If a pharmacist selects an interchangeable biological product for the biological product prescribed by a practitioner, the label shall identify the interchangeable biological product dispensed and may identify the biological product prescribed by the practitioner, such as “(interchangeable biological product) for (biological product)”.ARC 3754CProfessional Licensure Division[645]Notice of Intended ActionProposing rule making related to chiropractic physicians and providing an opportunity for public comment
The Board of Chiropractic hereby proposes to amend Chapter 43, “Practice of Chiropractic Physicians,” and Chapter 45, “Discipline for Chiropractic Physicians,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code sections 147.76, 151.11 and 272C.3.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapters 147, 151 and 272C.Purpose and Summary The proposed amendments establish rules related to sexual misconduct, failure to maintain a patient record(s), and improper direct solicitation as new grounds for imposing Board discipline. The proposed amendments also define electronic records and set forth reporting requirements for a chiropractic insurance consultant. All other changes are technical in nature.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 A waiver provision is not included in this rule making because all administrative rules of the professional licensure boards in the Professional Licensure Division are subject to the waiver provisions accorded under 645—Chapter 18.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 no later than 4:30 p.m. on May 15, 2018. Comments should be directed to: Susan Reynolds Professional Licensure DivisionDepartment of Public HealthLucas State Office BuildingDes Moines, Iowa 50319-0075Email: susan.reynolds@idph.state.ia.usPublic Hearing A public hearing at which persons may present their views in writing will be held as follows: May 15, 2018Fifth Floor Conference Room 5267:30 to 8 a.m. Lucas State Office BuildingDes Moines, Iowa Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making. Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Professional Licensure Division, Department of Public Health, and advise of specific needs.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 actions are proposed:
ITEM 1. Amend rule 645—43.3(514F) as follows:645—43.3(151,514F) Utilization and cost control review. 43.3(1) ThePursuant to Iowa Code section 514F.1, the board shall establish utilization and cost control review (UCCR) committee(s). A UCCR committee shall be established by approval of the board upon a showing that the committee meets the requirements of this rule. The name of each committee and a list of committee members shall be on file with the board and available to the public. As a condition of board approval, each committee shall agree to submit to the board an annual report which meets the requirements of this rule. 43.3(2) Each member of a UCCR committee shall: a. Hold a current license in Iowa. b. Have practiced chiropractic in the state of Iowa for a minimum of five years prior to appointment. c. Be actively involved in a chiropractic practice during the term of appointment as a UCCR committee member. d. Have no pending disciplinary action, no disciplinary action taken during the three years prior to appointment, and no disciplinary action pending or taken during the period of appointment. e. Have no malpractice judgment awarded or settlement paid during the three years prior to appointment or during the period of appointment. f. Not assist in the review or adjudication of claims in which the committee member may reasonably be presumed to have a conflict of interest. g. Rescinded IAB 5/10/06, effective 6/14/06. 43.3(3) Procedures for utilization and cost control review. A request for review may be made to the UCCR committee by any person governed by the various chapters of Title XIII, subtitle 1, of the Iowa Code, self-insurers for health care benefits to employees, other third-party payers, chiropractic patients or licensees. a. There shall be a reasonable fee, as established by the UCCR committee and approved by the board, for services rendered, which will be made payable directly to the UCCR committee that conducts the review. Each UCCR committee approved by the board shall make a yearly accounting to the board. b. A request for service shall be submitted to the executive director of the UCCR committee on a submission form approved by the board, and shall be accompanied by the number of copies required by the UCCR committee. c. The UCCR committee shall respond in writing to the parties involved with its findings and recommendations within 90 days of the date the request for review was submitted. The committee shall review the appropriateness of levels of treatment and give an opinion as to the reasonableness of charges for diagnostic or treatment services rendered as requested. 43.3(4) Types of cases reviewed shall include: a. Utilization. (1) Frequency of treatment; (2) Amount of treatment; (3) Necessity of service; (4) Appropriateness of treatment. b. Usual and customary service. 43.3(5) Criteria for review may include but are not limited to: a. Was diagnosis compatible and consistent with information? b. Were X-ray and other examination procedures adequate, or were they insufficient or unrelated to history or diagnosis? c. Were clinical records adequate, complete, and of sufficient frequency? d. Was treatment consistent with diagnosis? e. Was treatment program consistent with scientific knowledge and with academic and clinical training provided in accredited chiropractic colleges? f. Were charges reasonable and customary for the service? 43.3(6) Confidentiality. Members of the UCCR committee shall observe the requirements of confidentiality imposed by Iowa Code chapter 272C. 43.3(7) Annual report. Each UCCR committee shall annually submit a report to the board, and shall meet to review that report with the board chairperson or designee upon the board’s request. The annual report shall include the following information: a. The fee to be charged the party requesting UCCR review. b. A report regarding the activities of the committee for the past year, including a report regarding each review conducted, the conclusions reached regarding that review, and any recommendations made following the review. 43.3(8) A conclusion or recommendation, or both, made by a UCCR committee does not constitute a decision of the board. ITEM 2. Amend subrule 43.4(2) as follows: 43.4(2) All licensees who review chiropractic records for the purposes of determining the adequacy or sufficiency of chiropractic treatments, or the clinical indication for those treatments, shall notify the board annuallyindicate on their licensure renewals that they are engaged in those activities and of the location where those activities are performed. ITEM 3. Amend subrules 43.10(4) and 43.10(8) as follows: 43 43.10 10(4) Electronic record keeping. When electronic records, which include both electronically created records and scanned paper records, are utilized, a chiropractic physician shall maintain either a duplicate hard-copy record or a backup electronic record. 43 43.10 10(8) Confidentiality and transfer of records. Chiropractic physicians shall preserve the confidentiality of patient records. Upon signed request of the patient, the chiropractic physician shall furnish such records or copies of the records as directed by the patient within 30 days. A notation indicating the items transferred, dateof transfer and method of transfer shall be maintained in the patient record. The chiropractic physician may charge a reasonable fee for duplication of records, but may not refuse to transfer records for nonpayment of any fees.A written request may be required before the transfer of the record(s), including, for example, compliance with HIPAA regulations. In certain instances, a summary of the record may be more beneficial for the future treatment of the patient; however, if a third party requests copies of the original documentation, that request must be honored. ITEM 4. Amend 645—Chapter 43, implementation sentence, as follows: These rules are intended to implement Iowa Code chapterchapters 147,151, 272C and 514F. ITEM 5. Amend rule 645—45.2(151,272C) as follows:645—45.2(151,272C) Grounds for discipline. The board may impose any of the disciplinary sanctions provided in rule 645—45.3(147,272C) when the board determines that the licensee is guilty of any of the following acts or offenses: 45.2(1) Fraud in procuring a license. Fraud in procuring a license includes, but is not limited to, an intentional perversion of the truth in making application for a license to practice in this state, which includes the following: a. False representations of a material fact, whether by word or by conduct, by false or misleading allegations, or by concealment of that which should have been disclosed when making application for a license in this state, or b. Attempting to file or filing with the board or the department of public health any false or forged diploma or certificate or affidavit or identification or qualification in making an application for a license in this state. 45.2(2) Professional incompetency. Professional incompetency includes, but is not limited to: a. A substantial lack of knowledge or ability to discharge professional obligations within the scope of practice. b. A substantial deviation from the standards of learning or skill ordinarily possessed and applied by other chiropractic physicians in the state of Iowa acting in the same or similar circumstances. c. A failure to exercise the degree of care which is ordinarily exercised by the average chiropractic physician acting in the same or similar circumstances. d. Failure to conform to the minimal standard of acceptable and prevailing practice of a chiropractic physician in this state. e. Inability to practice with reasonable skill and safety by reason of illness, drunkenness, excessive use of drugs, narcotics, chemicals, or other type of material or as a result of a mental or physical condition. f. Being adjudged mentally incompetent by a court of competent jurisdiction. g. Failure to maintain a patient’s record(s) for a minimum of six years after the date of last examination or treatment. Records for minors shall be maintained for one year after the patient reaches the age of majority (18) or six years after the date of last examination or treatment, whichever is longer. Proper safeguards shall be maintained to ensure the safety of records from destructive elements. This provision includes both clinical and fiscal records. 45.2(3) Knowingly making misleading, deceptive, untrue or fraudulent representations in the practice of the profession or engaging in unethical conduct or practice harmful or detrimental to the public. This includes representations utilizing the term “physical therapy” when informing the public of the services offered by the chiropractic physician unless a licensed physical therapist is performing such services. Nothing herein shall be construed as prohibiting a chiropractic physician from making representations regarding physiotherapy that may be the same as, or similar to, physical therapy or physical medicine as long as treatment is appropriate as authorized in Iowa Code chapter 151. Proof of actual injury need not be established. 45.2(4) Practice outside the scope of the profession. 45.2(5) Use of untruthful or improbable statements in advertisements. Use of untruthful or improbable statements in advertisements includes, but is not limited to, an action by a licensee in making information or intention known to the public which is false, deceptive, misleading or promoted through fraud or misrepresentation or representations that are likely to cause the average person to misunderstand. 45.2(6) Habitual intoxication or addiction to the use of drugs. 45.2(7) Obtaining, possessing, attempting to obtain or possess, or administering controlled substances without lawful authority. 45.2(8) Falsification of client records. 45.2(9) Acceptance of any fee by fraud or misrepresentation. 45.2(10) Negligence by the licensee in the practice of the profession. Negligence by the licensee in the practice of the profession includes a failure to exercise due care including negligent delegation of duties or supervision of employees or other individuals, whether or not injury results; or any conduct, practice or conditions which impair the ability to safely and skillfully practice the profession. 45.2(11) Conviction of a crime related to the profession or occupation of the licensee or the conviction of any crime that would affect the licensee’s ability to practice within the profession, regardless of whether the judgment of conviction or sentence was deferred. A copy of the record of conviction or plea of guilty shall be conclusive evidence. 45.2(12) Violation of a regulation or law of this state, another state, or the United States, which relates to the practice of the profession. 45.2(13) Revocation, suspension, or other disciplinary action taken by a licensing authority of this state, another state, territory, or country; or failure by the licensee to report in writing to the board revocation, suspension, or other disciplinary action taken by a licensing authority within 30 days of the final action. A stay by an appellate court shall not negate this requirement; however, if such disciplinary action is overturned or reversed by a court of last resort, the report shall be expunged from the records of the board. 45.2(14) Failure of a licensee or an applicant for licensure in this state to report any voluntary agreements restricting the practice of the profession in another state, district, territory or country. 45.2(15) Failure to notify the board of a criminal conviction within 30 days of the action, regardless of the jurisdiction where it occurred. 45.2(16) Failure to notify the board within 30 days after occurrence of any judgment or settlement of a malpractice claim or action. 45.2(17) Engaging in any conduct that subverts or attempts to subvert a board investigation. 45.2(18) Failure to comply with a subpoena issued by the board, or otherwise fail to cooperate with an investigation of the board. 45.2(19) Failure to comply with the terms of a board order or the terms of a settlement agreement or consent order. 45.2(20) Failure to pay costs assessed in any disciplinary action. 45.2(21) Submission of a false report of continuing education or failure to submit the biennial report of continuing education. 45.2(22) Failure to report another licensee to the board for any violations listed in these rules, pursuant to Iowa Code section 272C.9. 45.2(23) Knowingly aiding, assisting, procuring, or advising a person to unlawfully practice as a chiropractic physician. 45.2(24) Failure to report a change of name or address within 30 days after it occurs. 45.2(25) Representing oneself as a chiropractic physician when one’s license has been suspended or revoked, or when one’s license is on inactive status. 45.2(26) Permitting another person to use the licensee’s license for any purposes. 45.2(27) Permitting an unlicensed employee or person under the licensee’s control to perform activities requiring a license. 45.2(28) Unethical conduct. In accordance with Iowa Code section 147.55(3), behavior (i.e., acts, knowledge, and practices) which constitutes unethical conduct may include, but need not be limited to, the following: a. Verbally or physically abusing a patient, client or coworker. b. Improper sexual contact with, or making suggestive, lewd, lascivious or improper remarks or advances to a patient, client or coworker, regardless of the patient’s, client’s, or coworker’s consent. c. Betrayal of a professional confidence. d. Engaging in a professional conflict of interest. e. Engaging in a sexual or emotional relationship with a former patient when there is a risk of exploitation or harm to the patient, regardless of patient consent. f. Failing to terminate the doctor-patient relationship before dating or having a sexual relationship with a patient. Such termination shall be done in writing and signed by both the patient and the chiropractic physician and placed in the patient’s record. This paragraph shall not apply to a chiropractic physician who is treating the chiropractic physician’s spouse. Further, a chiropractic physician shall not have consensual sexual relations with a former patient until three months after the termination of the doctor-patient relationship. 45.2(29) Failure to comply with universal precautions for preventing transmission of infectious diseases as issued by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services. 45.2(30) Violation of the terms of an initial agreement with the impaired practitioner review committee or violation of the terms of an impaired practitioner recovery contract with the impaired practitioner review committee. 45.2(31) Unprofessional conduct or behavior. A chiropractor shall not exhibit unprofessional behavior in connection with the practice of chiropractic. Unprofessional behavior shall include, but not be limited to, the following acts: verbal abuse, coercion, intimidation, harassment, sexual advances, threats, degradation of character, indecent or obscene conduct, requesting patient records without a medical justification, and theft. 45.2(32) Failure to respond within 30 days of receipt of communication from the board which was sent by registered or certified mail. 45.2(33) Failure to maintain a patient’s record(s) for a minimum of six years after the date of last examination or treatment. Records for minors shall be maintained for one year after the patient reaches the age of majority (18) or six years after the date of last examination or treatment, whichever is longer. Proper safeguards shall be maintained to ensure the safety of records from destructive elements. This provision includes both clinical and fiscal records. 45.2(34) Engaging in direct solicitation of potential clients for pecuniary gain in a manner or in circumstances which constitute overreaching, undue influence, misrepresentation or invasion of privacy.ARC 3762CProfessional Licensure Division[645]Notice of Intended ActionProposing rule making related to physical therapist and occupational therapist supervision and providing an opportunity for public comment
The Board of Physical and Occupational Therapy hereby proposes to amend Chapter 200, “Licensure of Physical Therapists and Physical Therapist Assistants,” Chapter 203, “Continuing Education for Physical Therapists and Physical Therapist Assistants,” and Chapter 206, “Licensure of Occupational Therapists and Occupational Therapy Assistants,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code chapters 148A and 148B and Iowa Code sections 147.76 and 272C.3.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapters 148A and 148B.Purpose and Summary The proposed amendments revise the supervision requirements for physical therapy and occupational therapy, add requirements for physical therapy and occupational therapy supervision by telehealth, revise the limit on the number of physical therapist assistants who can be supervised by a physical therapist, remove the maximum of physical therapist delegation based on the patient’s health care residency or admission status, add new requirements for the minimum frequency of a physical therapist’s interaction with a client and revise the continuing education requirements for supervising physical therapy students for clinical education.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 A waiver provision is not included in this rule making because all administrative rules of the professional licensure boards in the Professional Licensure Division are subject to the waiver provisions accorded under 645—Chapter 18.Public Comment Any interested person may submit written or oral comments concerning this proposed rule making. Written or oral comments in response to this rule making must be received no later than 4:30 p.m. on May 15, 2018. Comments should be directed to: Judy Manning Professional Licensure Division Department of Public HealthLucas State Office Building321 East 12th StreetDes Moines, Iowa 50319 Phone: 515.281.4413 Email: judith.manning@idph.iowa.govPublic Hearing A public hearing at which persons may present their views orally or in writing will be held as follows: May 15, 2018Fifth Floor Board Conference Room 5268 to 8:30 a.m. Lucas State Office BuildingDes Moines, Iowa Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making. Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Professional Licensure Division, Department of Public Health, and advise of specific needs. 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 actions are proposed:
ITEM 1. Rescind rule 645—200.6(272C) and adopt the following new rule in lieu thereof:645—200.6(147) Delegation by a supervising physical therapist. A supervising physical therapist may delegate the performance of physical therapy services to a physical therapist assistant only if done in accordance with the statutes and rules governing the practice of physical therapy. A physical therapist assistant may assist in the practice of physical therapy only to the extent allowed by the supervising physical therapist. The supervisory requirements stated in this rule are minimal. It is the professional responsibility and duty of the supervising physical therapist to provide the physical therapist assistant with more supervision if deemed necessary in the supervising physical therapist’s professional judgment. 200.6(1) Supervision requirements. A supervising physical therapist who delegates the performance of physical therapy services to a physical therapist assistant shall provide supervision to the physical therapist assistant at all times when the physical therapist assistant is providing delegated physical therapy services. Supervision means that the physical therapist shall be readily available on site or telephonically anytime the physical therapist assistant is providing physical therapy services so that the physical therapist assistant may contact the physical therapist for advice, assistance, or instruction. 200.6(2) Functions that cannot be delegated. The following are functions that only a physical therapist may provide and that cannot be delegated to a physical therapist assistant: a. Interpretation of referrals; b. Initial physical therapy evaluation and reevaluations; c. Identification, determination, or modification of patient problems, goals, and plans of care; d. Final discharge evaluation and establishment of a discharge plan; e. Delegation of and instruction in the physical therapy services to be rendered by a physical therapist assistant or unlicensed assistive personnel including, but not limited to, specific tasks or procedures, precautions, special problems, and contraindicated procedures; and f. Timely review of documentation, reexamination of the patient, and revision of the plan of care when indicated. 200.6(3) Physical therapist responsibilities. At all times, the supervising physical therapist shall be responsible for the physical therapy plan of care and for all physical therapy services provided, including all physical therapy services delegated to a physical therapist assistant. In addition, the supervising physical therapist shall: a. Be responsible for the evaluation and development of a plan of care for use by the physical therapist assistant; and b. Not delegate a physical therapy service that exceeds the competency or skill set of the physical therapist assistant; and c. Ensure that a physical therapist assistant holds an active physical therapist assistant license issued by the board; and d. Ensure that a physical therapist assistant is aware of how the supervising physical therapist can be contacted telephonically when the physical therapist is not providing on-site supervision; and e. Arrange for an alternate physical therapist to provide supervision when the physical therapist has scheduled or unscheduled absences during time periods in which a physical therapist assistant will be providing delegated physical therapy services; and f. Ensure that a physical therapist assistant is informed when a patient’s plan of care is transferred to a different supervising physical therapist; and g. Directly participate in physical therapy services upon the physical therapist assistant’s request for a reexamination, when a change in the plan of care is needed, prior to any planned discharge, and in response to a change in the patient’s medical status; and h. Hold regularly scheduled meetings with the physical therapist assistant to evaluate the physical therapist assistant’s performance, assess the progress of a patient, and make changes to the plan of care as needed. The frequency of meetings should be determined by the supervising physical therapist based on the needs of the patient, the supervisory needs of the physical therapist assistant, and any planned discharge. The supervising physical therapist shall provide direction and instruction to the physical therapist assistant that are adequate to ensure the safety and welfare of the patient. 200.6(4) Physical therapist assistant responsibilities. A physical therapist assistant shall only provide physical therapy services under the supervision of a physical therapist. In addition, the physical therapist assistant shall: a. Only provide physical therapy services that have been delegated by the supervising physical therapist; and b. Only provide physical therapy services that are within the competency and skill set of the physical therapist assistant; and c. Consult the supervising physical therapist if the physical therapist assistant believes that any procedure is not in the best interest of the patient; and d. Contact the supervising physical therapist regarding any change or lack of change in a patient’s condition that may require assessment by the supervising physical therapist; and e. Refer inquiries that require interpretation to the supervising physical therapist; and f. Ensure that the identification of the supervising physical therapist is included in the documentation for any visit when physical therapy services were provided by the physical therapist assistant; and g. Only sign a treatment record if the provision of physical therapy services was done in accordance with the statutes and rules governing the practice of a physical therapist assistant. 200.6(5) Ratio. A physical therapist shall determine the number of physical therapist assistants who can be supervised safely and competently and shall not exceed that number; but in no case shall a physical therapist supervise more than four physical therapist assistants per calendar day. A physical therapist assistant who performs any delegated physical therapy services on behalf of the supervising physical therapist on a particular day shall be counted in determining the maximum ratio, regardless of the location of the physical therapist assistant or the number of patients treated. 200.6(6) Minimum frequency of direct participation by a supervising physical therapist. A supervising physical therapist shall use professional judgment to determine how frequently the physical therapist needs to directly participate in physical therapy services when delegating to a physical therapist assistant, the frequency of which shall be based on the needs of the patient. Direct participation can occur through an in-person or telehealth visit. The supervising physical therapist shall ensure that the patient record clearly indicates which visits included direct participation by the supervising physical therapist. The following are the minimum standards, which are expected to be exceeded when dictated by the supervising physical therapist’s professional judgment, for the required frequency of direct participation by the supervising physical therapist when physical therapy services involve delegation to a physical therapist assistant: a. Hospital inpatient and skilled nursing.For hospital inpatients and skilled nursing patients, a supervising physical therapist must directly participate in physical therapy services a minimum of once per calendar week. A calendar week is defined as Sunday through Saturday. b. All other settings.In all other settings, a supervising physical therapist must directly participate in the provision of physical therapy services at least every eighth visit or every 30 calendar days, whichever comes first. 200.6(7) Unlicensed assistive personnel. A physical therapist is responsible for patient care provided by unlicensed assistive personnel under the physical therapist’s supervision. A physical therapist is responsible for ensuring the qualifications of any unlicensed assistive personnel and shall maintain written documentation of their education or training. Unlicensed assistive personnel may assist a physical therapist assistant in the delivery of physical therapy services only if the physical therapist assistant maintains in-sight supervision of the unlicensed assistive personnel and the physical therapist assistant is primarily and significantly involved in the patient’s care. Unlicensed assistive personnel shall not provide independent patient care unless each of the following standards is satisfied: a. The physical therapist has direct participation in the patient’s treatment or evaluation, or both, each treatment day; b. Unlicensed assistive personnel may provide independent patient care only while under the on-site supervision of the physical therapist; c. Documentation made in a physical therapy record by unlicensed assistive personnel shall be cosigned by the physical therapist; and d. The physical therapist provides periodic reevaluation of any unlicensed assistive personnel’s performance in relation to the patient. ITEM 2. Amend subparagraph 203.3(2)"a" as follows: (4) Directly supervising students for clinical education if the physical therapist or physical therapist assistant who is supervising is an American Physical Therapy Association Advanced Credentialed Clinical Instructor and if the studentstudents being supervised isare from an accredited physical therapist or physical therapist assistant program and isare participating in a full-time clinical experience (defined as approximately 40 hours per week, ranging from 1 to 18 weeks). One hour will be awarded for every 160 contact hours of supervision. A maximum of 8 hours for a physical therapist and 4 hours for a physical therapist assistant may be awarded per biennium. The physical therapist or physical therapist assistant must have documentation from the accredited educational program indicating the number of hours spent supervising a student. ITEM 3. Amend paragraphs 206.8(2)"a" and 206.8(2)"b" as follows: a. Provide supervision to a licensed OTA, OT limited permit holder and OTA limited permit holderanytime occupational therapy services are rendered. Supervision may be provided on site or through the use of telecommunication or other technology. b. Provide on-site supervision or supervision by telecommunication as long as the occupational therapy services are rendered in accordance with the provisions of subrule 206.8(5).Ensure that every licensed OTA, OT limited permit holder and OTA limited permit holder being supervised is aware of who the supervisor is and how the supervisor can be contacted anytime occupational therapy services are rendered. ITEM 4. Amend subrule 206.8(5) as follows: 206.8(5) TheMinimum frequency of OT interaction. At a minimum, an OT mustdirectly participate in treatment including direct face-to-face patient contact, either in person or through a telehealth visit, every twelfth visit or 60 calendar days, whichever comes first, for all patients regardless of setting and must document each visit.The occupational therapist shall participate at a higher frequency when the standard of care dictates. ITEM 5. Amend paragraph 206.8(6)"a" as follows: a. The occupational therapy assistant: (1) Shall provide only those services for which the OTA has the necessary skills and shall consult the supervising occupational therapist if the procedures are believed not to be in the best interest of the patient; (2) Shall gather data relating to the patient’s disability during screening, but shall not interpret the patient information as it pertains to the plan of care; (3) Shall communicate any change, or lack of change, which occurs in the patient’s condition and which may need the assessment of the OT; (4) Shall provide occupational therapy services only under the supervision of the occupational therapist; (5) Shall provide treatment only after evaluation and development of a treatment plan by the occupational therapist; (6) Shall refer inquiries that require interpretation of patient information to the occupational therapist; (7) Shall have on-site or immediate telecommunicative supervision as long as the occupational therapy services are rendered in accordance with the provisions of subrule 206.8(5)Shall be supervised by an occupational therapist, either on site or through the use of telecommunication or other technology, at all times when occupational therapy services are being rendered; (8) May receive supervision from any number of occupational therapists;and (9) Shall maintain documentation of supervision on a daily basis that shall be available for review upon request of the boardShall record on every patient chart the name of the OTA’s supervisor for each treatment session.ARC 3755CTransportation Department[761]Notice of Intended ActionProposing rule making related to aviation vertical infrastructure and providing an opportunity for public comment
The Department of Transportation hereby proposes to amend Chapter 700, “Aeronautics Administration,” Chapter 710, “Airport Improvement Program,” Chapter 715, “Air Service Development Program,” Chapter 716, “Commercial Service Vertical Infrastructure Program,” and Chapter 717, “General Aviation Vertical Infrastructure Program,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code sections 307.12 and 328.12.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 8.57(5), 17A.3 and 328.12.Purpose and Summary The Department is proposing to correct the spelling of “website” and the link to the Department’s website address in Chapters 700, 710, 715, 716, and 717. The Department is also proposing to amend Chapters 716 and 717 to correct citations to Iowa Code section 8.57(5) since this section was amended and renumbered. These corrections are included within the definition of “vertical infrastructure” in rules 761—716.2(328) and 761—717.2(328) and within both chapters’ implementation sentences.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 person’s circumstances meet the statutory criteria for a waiver may petition the Department for a waiver under 761—Chapter 11. Public Comment Any interested person may submit written comments concerning this proposed rule making or may submit a written request to make an oral presentation at a public hearing. Written comments or requests to present oral comments in response to this rule making must be received by the Department no later than 4:30 p.m. on May 15, 2018. Comments should be directed to: Tracy George Department of Transportation DOT Rules Administrator, Strategic Communications and Policy800 Lincoln WayAmes, Iowa 50010 Email: tracy.george@iowadot.usPublic Hearing A public hearing to hear requested oral presentations will be held as follows: May 17, 2018Department of Transportation1 p.m. Administration BuildingFirst Floor, South Conference Room800 Lincoln WayAmes, Iowa Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making. Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact Tracy George, the Department’s rules administrator, and advise of specific needs. The public hearing will be canceled without further notice if no oral presentation is requested. 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 actions are proposed:
ITEM 1. Amend rule 761—700.2(17A) as follows:761—700.2(17A) Information and forms. Program information, forms and application instructions are available on the department’s Web sitewebsite at www.iowadot.gov/aviationwww.iowadot.gov. Requests for such materials or assistance may also be made by calling the office of aviation at (515)239-1048. Submission of application materials shall be made according to the annual application instructions included in the application materials. The office of aviation mailing address is: Office of Aviation, Iowa Department of Transportation, 800 Lincoln Way, Ames, Iowa 50010. This rule is intended to implement Iowa Code section 17A.3. ITEM 2. Amend rule 761—710.3(17A) as follows:761—710.3(17A) Information and forms. Program information, forms and application instructions are available on the department’s Web sitewebsite at www.iowadot.gov/aviationwww.iowadot.gov. Requests for such materials or assistance may also be made by calling the office of aviation at (515)239-1048. Submission of application materials shall be made according to the annual application instructions included in the application materials. The office of aviation mailing address is: Office of Aviation, Iowa Department of Transportation, 800 Lincoln Way, Ames, Iowa 50010. This rule is intended to implement Iowa Code section 17A.3. ITEM 3. Amend subrule 715.3(3) as follows: 715.3(3) Program information, instructions and application forms may be obtained from the department’s Web sitewebsite at www.iowadot.gov/aviationwww.iowadot.gov. Requests for such materials or assistance may also be made by calling the office of aviation at (515)239-1689. Submission of application materials shall be made according to the annual application instructions included in the application materials. The office of aviation mailing address is: Office of Aviation, Iowa Department of Transportation, 800 Lincoln Way, Ames, Iowa 50010. ITEM 4. Amend rule 761—716.2(328), definition of “Vertical infrastructure,” as follows: "Vertical infrastructure" means the same as defined in Iowa Code section 8.57B8.57(5). ITEM 5. Amend rule 761—716.3(328) as follows:761—716.3(328) Information and forms. Program information, instructions, and forms are available on the department’s Web sitewebsite at www.iowadot.gov/aviationwww.iowadot.gov. Requests for such materials or assistance may also be made by calling the office of aviation at (515)239-1048. Submission of application materials shall be made according to the annual application instructions included in the application materials. The office of aviation mailing address is: Office of Aviation, Iowa Department of Transportation, 800 Lincoln Way, Ames, Iowa 50010. ITEM 6. Amend 761—Chapter 716, implementation sentence, as follows: These rules are intended to implement Iowa Code sections 8.57B8.57(5) and 328.12. ITEM 7. Amend rule 761—717.2(328), definition of “Vertical infrastructure,” as follows: "Vertical infrastructure" means the same as defined in Iowa Code section 8.57B8.57(5). ITEM 8. Amend rule 761—717.3(328) as follows:761—717.3(328) Information and forms. Program information, instructions, and application forms may be obtained from the department’s Web sitewebsite at www.iowadot.gov/aviationwww.iowadot.gov. Requests for such materials or assistance may also be made by calling the office of aviation at (515)239-1048. Submission of application materials shall be made according to the annual application instructions included in the application materials. The office of aviation mailing address is: Office of Aviation, Iowa Department of Transportation, 800 Lincoln Way, Ames, Iowa 50010. ITEM 9. Amend 761—Chapter 717, implementation sentence, as follows: These rules are intended to implement Iowa Code sections 8.57B8.57(5) and 328.12.ARC 3756CTransportation Department[761]Notice of Intended ActionProposing rule making related to railroad transportation and safety and providing an opportunity for public comment
The Department of Transportation hereby proposes to amend Chapter 800, “Items of General Application for Railroads,” Chapter 810, “Railroad Safety Standards,” and Chapter 813, “Close-Clearance Warning Signs Along Railroad Tracks,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code sections 307.12, 327F.13, 327F.39 and 327G.24.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 307.26, 321.449A, 327C.2, 327C.4, 327C.38, 327C.41, 327F.13, 327F.39 and 327G.24.Purpose and Summary The proposed amendments to Chapter 800 correct a due date for annual reports, update the adoption date of a federal regulation, and provide a source for federal citations. The following list further explains the amendments to the chapter:
Proposing rule making related to notification of railroad accidents and incidents and providing an opportunity for public comment
The Department of Transportation hereby proposes to amend Chapter 802, “Reporting of Railroad Accidents/Incidents,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 307.12.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 327C.37 and 327C.41.Purpose and Summary This rule making clarifies and expands the notification to the Department for certain railroad accidents and incidents. Timely notification of certain railroad accidents and incidents allows the Department’s Office of Rail Transportation to respond to immediate public safety risks as well as to identify emerging safety issues or trends that may need attention. The following list further explains the proposed amendments:
Proposing rule making related to railroad revolving loan and grant fund program and providing an opportunity for public comment
The Transportation Department hereby proposes to amend Chapter 822, “Railroad Revolving Loan and Grant Fund Program,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 307.12.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 327H.20A.Purpose and Summary Chapter 822 provides the guidelines under which the Railroad Revolving Loan and Grant Funds are awarded and administered. This rule making reflects changes that have been identified to improve the process to provide fiscally sound financial assistance for rail projects, speed project completion and increase accountability. Some of the specific drivers of the changes include:
Proposing rule making related to review of local exchange competition rules and providing an opportunity for public comment
The Utilities Board hereby proposes to amend Chapter 38, “Local Exchange Competition,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code sections 476.2 and 476.15.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 476.2, 476.11, 476.15, 476.100 and 476.101.Purpose and Summary The Board is conducting a comprehensive review of its administrative rules in accordance with Iowa Code section 17A.7(2). The purpose of this review is to identify and update or eliminate rules that are outdated or inconsistent with statutes and other administrative rules. These proposed amendments are intended to eliminate obsolete provisions and update other provisions which continue to be necessary in relation to the Board’s exercise of federally delegated authority to review and mediate or arbitrate interconnection agreements and determine if rates for wholesale services are just and reasonable. The Board issued an order commencing rule making on March 27, 2018. The order is available on the Board’s electronic filing system, efs.iowa.gov, under Docket No. RMU-2016-0028.Fiscal Impact After analysis and review of this rule making, the Board tentatively concludes that the amendments will have no effect on the expenditure of public moneys within the State of Iowa. Jobs Impact After analysis and review of this rule making, the Board tentatively concludes that the amendments will not have a detrimental effect on employment in Iowa.Waivers Chapter-specific waiver provisions are unnecessary since any person may apply for waiver of any Board rule under rule 199—1.3(17A,474,476). 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 Board no later than 4:30 p.m. on May 15, 2018. Comments should be directed to: Iowa Utilities BoardElectronic Filing System (EFS) at efs.iowa.govPhone: 515.725.7337 Email: efshelpdesk@iub.iowa.govPublic 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 actions are proposed:
ITEM 1. Rescind the definitions of “Interim number portability” and “Provider number portability” in subrule 38.1(2). ITEM 2. Rescind and reserve rule 199—38.2(476). ITEM 3. Amend rule 199—38.4(476) as follows:199—38.4(476) Unbundled facilities, services, features, functions, and capabilities. 38.4(1) Initial tariffTariff filings. a. Filing schedule.Each local exchange carrier shall file initial tariffs implementing unbundling for the facilities enumerated in paragraph “b” within 90 days of the board’s final order adopting these rules, except for local exchange carriers with fewer than 75,000 access lines which must file initial unbundling tariffs on or before July 1, 1997.38.4(1)“b.” The obligation to file a tariff shall not apply to a rural telephone company until the conditions specified in 47 U.S.C. Section 251(f)(1) have been met. b. Initial listList of unbundled essential facilities.Each local exchange carrier’s initial tariff filing shall, at a minimum, unbundle the following essential facilities, services, features, functions, and capabilities: loops, ports, signaling links, signal transfer points, facilities to interconnect unbundled links at the central office, interoffice transmission facilities, directory listings in white pages, directory listings in yellow pages, listings in the directory assistance database, inbound operator services including busy linebusy-line verification and call interrupt, interconnection to the 911 system, and interconnection to the tandem switch for routing to other carriers. 38.4(2) Subsequent requestsRequests for unbundled facilities. Except as allowed in subrule 38.4(3), requests to unbundle facilities, services, features, functions, and capabilities shall be processed as follows: a. Subsequent to the initial tariff filings provided for in subrule 38.4(1) above, aA competitive local exchange service provider may make a bona fide request of a local exchange carrier to make additional unbundled essential facilities available. After receiving a request for additional unbundled essential facilities, the local exchange carrier shall respond within 30 days of the request by eitherby agreeing to the request or by denying the request. If the local exchange carrier agrees to fulfill the request, itthe carrier shall file a tariff unbundling the essential facility within 60 days of the initial request. b. If the local exchange carrier denies the request, a competitive local exchange service provider may petition the board to classify the requested facility as essential, as defined by Iowa Code section 476.100(2), and to require the local exchange carrier to make itthe requested facility available on an unbundled basis by filing a tariff. In such a petition, the competitive local exchange service provider shall provide information to the board showing how the requested facility meets the definition of essential facility found in Iowa Code section 476.100(2).The petitioning party under this subrule may state a preference for proceeding by rule making or contested case, but the board will select the process to be used. 38.4(3) Alternative procedures. As an alternative to the procedures in subrule 38.4(2), a competitive local exchange service provider may elect the negotiation, mediation, and arbitration procedures available under 47 U.S.C. Section 252, by notifying the local exchange carrier and the board in writing at the time additional unbundled facilities are requested. 38.4(4) Reclassifying essential facilities. A local exchange carrier may, at any time, petition the board with a request that a facility classified as essential, either by the terms of subrule 38.4(1) or pursuant to a subsequent request of a competitive local exchange service provider, be removed from that classification and no longer be required to be provided on an unbundled basis. With its petition, the local exchange carrier shall provide information to the board showing why the facility no longer meets the definition of essential found in Iowa Code section 476.100(2). The board will determine the procedure to be used in reviewing the petition. 38.4(5) Interconnection to essential facilities. a. Nondiscriminatory access.All competitive local exchange service providers shall have access to a local exchange carrier’s unbundled facilities on the same nondiscriminatory terms and conditions. Such terms and conditions shall be specified in the local exchange carrier’s tariff for unbundled facilities. b. Reasonable equal access.The terms and conditions under which competitive local exchange service providers shall be able to interconnect with a local exchange carrier’s unbundled facilities shall be technically and economically equivalent to those under which the local exchange carrier provides those facilities to itself or its affiliates. If it believes such terms and conditions are not technically or economically feasible, the local exchange carrier may petition the board for a waiver of this provision. ITEM 4. Amend rule 199—38.5(476) as follows:199—38.5(476) Cost standards. 38.5(1) Existing standards. In addition to the standards in this rule, the cost support requirements of rules 199—22.12(476) and 22.13(476) shall apply to all of a local exchange carrier’s rate proceedings prior to the implementation of price regulation. 38.(2) 38.5(1) Incremental cost standard. In general, each local exchange carrier shall price each of its services above the total service long-run incremental cost of providing each service. However, this incremental cost standard shall not be construed to require any increase in the rate for any service prior to the implementation of price regulation, nor to require any price increase that is greater than allowed under a price regulation plan or under Iowa Code section 476.97(11). 38.5(3) Imputation test. In general, prices for each retail service offered by a local exchange carrier should equal or exceed the sum of an allocation of the tariffed prices for all unbundled essential facilities used to provide the service and the incremental costs of all other facilities or services that are components of the retail service. However, this imputation test shall not be construed to require any increase in the rate for any service prior to the implementation of price regulation, nor to require any price increase that is greater than allowed under a price regulation plan or under Iowa Code section 476.97(11). 38.5(4) Reporting requirements. A local exchange carrier shall provide current information to the board showing that the conditions of the incremental cost standard described in subrule 38.5(2) and the imputation test described in subrule 38.5(3) continue to be met whenever it proposes to lower the price of a retail service, it proposes the initial price of an unbundled essential facility, it proposes to raise the price of an unbundled essential facility, or it offers a new service. 38.(5) 38.5(2) Competitive local exchange service providers. Cost support will generally not be required for the tariff filings from competitive local exchange service providers, with the exception of 38.2(1)“b.”. ITEM 5. Amend rule 199—38.6(476) as follows:199—38.6(476) Compensation for termination of telecommunications servicesTerminating access charge complaints. 38.6(1) Mutual exchange of traffic. Until the board approves monetary compensation and until tariffs for the compensation are in effect, each local utility shall terminate local and extended area service calls on a mutual exchange of traffic basis, at no charge to the originating provider. As an alternative, a local utility may elect the negotiation, mediation, and arbitration procedures available under 47 U.S.C. Section 252, by notifying the other affected local utility and the board in writing. 38.6(2) Requests to end mutual exchange of traffic. A facilities-based local utility may file a cost-based tariff for monetary compensation for terminating local access service, provided its filing includes a showing that in six consecutive calendar months of mutual traffic exchange between it and another facilities-based local utility the total terminating to originating traffic for the entire six-month period was unbalanced by a ratio of at least 55 percent terminating to 45 percent originating. The tariff filing must include appropriate cost support information. The terms and conditions listed in the tariff shall be applicable to all local utilities operating within the local utility’s service territory or within a service territory with extended area service to the local utility’s service territory. On the date the tariff becomes effective, compensation on a mutual exchange basis will end. 38.6(3) Monetary compensation requirements for other utilities. Within 60 days of board approval of a tariff for monetary compensation for terminating local access service, each other local utility operating within the service territory of the local utility or within a service territory with extended area service to the local utility must file a tariff for monetary compensation for terminating local access service. The tariff filing must include sufficient evidentiary support to allow the board to determine that the compensation will be reciprocal. The terms and conditions listed in the tariff shall be applicable to all local utilities operating within the local utility’s service territory or within a service territory with extended area service to the local utility’s service territory. Until a local utility has an approved tariff in effect, it must charge the rates for terminating local access service in the approved tariff of the local utility with which it exchanges traffic.Terminating access charge complaints. No local utility shall deliver traffic to another local utility as local service or extended area service terminating traffic, to which mutual exchange or monetary compensation would apply under this rule, if the terminating traffic is long distance or some other type of traffic for which terminating switched access charges would otherwise have been payable. Any local utility may bring a complaint to the board if another local utility has violated this requirement or taken insufficient measures to determine whether switched access charges would otherwise have been payable. The board may order appropriate refunds with interest of compensation received by a local utility in violation of this rulepayment or refund of compensation withheld from or received by a local utility in violation of this rule, with appropriate interest or tariffed late payment penalties. ITEM 6. Amend rule 199—38.7(476) as follows:199—38.7(476) Mediation and arbitration. This rule shall apply to all local utilities, except for rural telephone companies as defined in Section 3(47) of the Telecommunications Act of 1996. The board may make all or part of this rule applicable to a rural telephone company or companies in proceedings relating to Section 251(f) of the Act. 38.7(1) Voluntary negotiations. a. Initiation of negotiations.A telecommunications carrier initiates the negotiation process by requesting interconnection, services, or network elements as defined in the Act from an incumbent local utility pursuant to Section 252(a)(1) of the Act. The day the request is received by the local utility is day one of the schedule set for resolution of all issues. Within five days of receipt of the request, the local utility shall file ten copies of the requestwith the board using the board’s electronic filing system a copy of the request and a statement of the date the request was received with the board. b. Duty to negotiate.The requesting telecommunications carrier and the local utility have the obligation to negotiate in good faith the terms and conditions for the provision of the requested interconnection, services, or network elements. Good faith negotiations require that the parties meet and confer at reasonable times and places, remain open to the arguments and proposals, and work toward the goal of reaching agreement on terms and conditions for the requested interconnections and services. Refusal of any party to give information about its costs or other pertinent data upon request of another party may be considered by the board as a failure to negotiate in good faith. 38.7(2) Mediation. a. Initiation of mediation.At any time during the negotiations, any party to the negotiations may request mediation. The request shall be made in writing tofiled with the boardusing the board’s electronic filing system and copies of the mediation request shall be simultaneously served on the other parties. Alternatively, parties may jointly submit their request in writing tofile a joint request for mediation with the board. A request for mediation shall contain a brief statement of the nature of the dispute and the names, addresses,and telephone and fax numbers of the parties or their representatives. b. Appointment of mediator.The board may appoint any competent, impartial person of character and ability to act as mediator. The board will immediately convene a meeting of the parties to discuss appointment of a mutually acceptable mediator. c. Role and duties of the mediator.The role of the mediator is to encourage voluntary settlement by the parties. The mediator may not compel a settlement. The mediator shall schedule meetings of the parties, direct the parties to prepare for those meetings, hold private caucuses with each party in an attempt to bring disputants closer together, attempt to achieve a resolution, and assist the parties in preparing a written agreement.The mediator does not provide legal advice to the parties, nor are any of the mediator’s statements as to law and policy binding unless later adopted by the board. The mediation process will be treated as confidential to the extent permitted by law. No stenographic record will be kept.After completion of at least one mediation session, the mediator may terminate the mediation process if it appears that the likelihood of agreement is remote or if a party is not participating in good faith, or for other good cause. d. Parties.Only parties to the negotiations will be permitted to participate as parties to the mediation. e. Assessment of costs.The cost of mediation shall be shared equally by the parties and paid directly to the mediator. 38.7(3) Arbitration. a. Initiation of arbitration.Any party to the negotiation may petition the board to arbitrate all open issues. The petition requesting arbitration must be filed during the period from the 135th day through the 160th day after the date on which the request for negotiation was received by the local utility. Simultaneously with filing the petition with the board, the petitioning party shall provide a copy of the petition and accompanying documentation to the other parties. b. Supporting documentation.On the same day of the filing of the request for arbitration, the petitioning party shall provide to the board the date upon which the request for negotiation for the interconnection, services, or network elements in dispute was made to the local utility, a list of unresolved issues, the position of each party on each of the unresolved issues, how the parties’ positions meet or fail to meet the requirements of Section 251 of the Act or other regulations, any supporting documents for positions taken by the parties on unresolved issues including all relevant cost studies where prices are in dispute, whether a hearing is requested, a list of issues discussed and resolved prior to the petition for arbitration, any requests for confidentiality, and any other documents relevant to the dispute. c. Response to the request for arbitration.A nonpetitioning party to the negotiation may respond to the petitioning party’s position and provide additional information within 25 days after the petition for arbitration was received by the board. d. Parties.Only parties to the negotiations will be permitted to participate as parties to the arbitration, unless the board consolidates proceedings. However, the office of consumer advocate will also be considered a party to the arbitration proceeding. e. Assessment of costs.Costs shall be directly and equally assessed to the parties involved in the arbitration to the extent provided for by Iowa Code section 476.10. f. Docketing of the arbitration request.Upon receipt of a timely and complete petition for arbitration, the board shall docket the request for consideration by the board. g. Arbitration schedule and procedures.Within 15 days of the receipt of the petition for arbitration, the board will schedule a conference to be held within 40 days of receipt of the petition. The purpose of the conference is to plan an arbitration hearing date, clarify the issues to be resolved, identify additional information needed to reach a decision on the issues, schedule production of documents and other information, discuss or rule on any other procedural matters, and consider any other matters that will expedite the arbitration process. h. Hearing.An arbitration hearing shall commence no later than 60 days following receipt of the petition for arbitration. i. Consolidation.Nothing in these rules precludes consolidation of proceedings in order to reduce administrative burdens on local utilities, other parties to the proceedings, and the board. j. Decision.Following the hearing, the board will issue its preliminary written decision on the unresolved issues. All exceptions to the decision must be filed by the parties within ten days of issuance of the preliminary decisions. All replies to exceptions shall be filed within five days of the filing of the exceptions. A final written decision regarding all issues offered in arbitration shall be issued by the board within the nine-month deadline in the Act. 38.7(4) Board review of agreements. a. Filing of agreements.All interconnection agreements shall be filed with the board for approval within 15 days after the issuance of a final decision on the arbitrated issues, in the case of arbitrated agreements, or, in the case of negotiated agreements, after the execution of the agreement. An original and three copies shall be filed. b. Notice of negotiated agreements, amendments, and adoption of agreements.Notice of the filing of a negotiated interconnection agreement, an amendment to an agreement, or adoption of an agreement will be posted within five working days after the filing date, on the board’s Web site, http://www.state.ia.us/iub. c. b. Comments on arbitrated agreements.Within ten days following the filing of the arbitrated agreement with the board for review, the parties involved in the arbitration, and any other interested party, may submit written comments to the board supporting either approval or rejection of the agreement. If the board does not approve or reject the agreement within 30 days after submission by the parties of an agreement adopted by arbitration, the agreement shall be deemed approved. d. c. Comments on negotiated agreements and amendments to agreements.Within 30 days of the filing date of the negotiated agreement or amendment, the parties involved in the negotiations and any other interested party may submit written comments with the board supporting either acceptance or rejection of the agreement or amendment. If no comments are filed and no issues are generated by the internal board review, the agreement or amendment shall be deemed approved 41 days after the filing date. If comments opposing approval are filed or the internal board review recommends investigation, the agreement or amendment shall be docketed. The docketing order shall be issued within 40 days after the filing date. If the board does not issue a decision on a docketed filing within 90 days after the filing date, the agreement or amendment shall be deemed approved. e. d. Comments on adoption of agreements.No board approval is necessary when there is an adoption of the terms, conditions, and rates from an approved interconnection agreement. The adoption is effective upon filing. If there are terms, conditions, or rates in the filing that are not from an adopted agreement, then the filing is subject to the provisions of paragraph 38.7(4)“d.”38.7(4)“c.” f. e. Indefinite terms, conditions, or rates.When the agreement or amendment contains terms, conditions, or rates that are not yet agreed to, the parties shall file an amendment to the agreement once they have reached agreement on the terms, conditions, or rates.ARC 3753CUtilities Division[199]Notice of Intended ActionProposing rule making related to universal service and providing an opportunity for public comment
The Utilities Board hereby proposes to amend Chapter 39, “Universal Service,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code sections 474.5 and 476.2.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 17A.4, 474.5, 476.2, 476.15 and 476.102 and 47 U.S.C. Section 214(e).Purpose and Summary The Board is conducting a comprehensive review of its administrative rules in accordance with Iowa Code section 17A.7(2). The purpose of this review is to identify and update or eliminate rules that are outdated or inconsistent with statutes and other administrative rules. The Board issued an order commencing rule making on March 27, 2018. The order is available on the Board’s electronic filing system, efs.iowa.gov, under Docket No. RMU-2016-0011.Fiscal Impact After analysis and review of this rule making, the Board tentatively concludes that the amendments will have no effect on the expenditure of public moneys within the state of Iowa. Jobs Impact After analysis and review of this rule making, the Board tentatively concludes that the amendments will not have a detrimental effect on employment in Iowa.Waivers Chapter-specific waiver provisions are unnecessary since any person may apply for waiver of any Board rule under rule 199—1.3(17A,474,476). 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 Board no later than 4:30 p.m. on May 15, 2018. Comments should be directed to: Iowa Utilities Board Electronic Filing System (EFS) at efs.iowa.govPhone: 515.725.7337 Email: efshelpdesk@iub.iowa.govPublic Hearing A public hearing at which persons may present their views orally or in writing will be held as follows: June 20, 2018 Utilities Board Hearing Room9 a.m. to 12 noon 1375 East Court Avenue Des Moines, Iowa Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making. Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Board and advise of specific needs. 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 actions are proposed:
ITEM 1. Amend rule 199—39.2(476) as follows:199—39.2(476) Definition of terms. For the purposes of the board’s implementation of federal universal service fund requirements, the following definitions apply. Whenever a reference in this chapter is made to provisions found in 47 CFR Part 36, 51 or 54, that reference includes any amendment through April 8, 2015[effective date of these amendments]. "Broadband service" means the broadband Internet access service designated by the Federal Communications Commission at 47 CFR § 54.101 as eligible for support by the federal universal service support mechanisms. Eligible broadband Internet access services must provide the capability to transmit data and receive data by wire or radio from all or substantially all Internet endpoints, including any capabilities that are incidental to and enable the operation of the communications service, but excluding dial-up service. "Competitive eligible telecommunications carrier" means a carrier that meets the definition of an “eligible telecommunications carrier” below and does not meet the definition of an “incumbent local exchange carrier” in 47 CFR § 51.5. "Connect America fund" "CAF" means the federal universal service fund, as reformed by the Federal Communications Commission, to phase down and replace support previously provided through high-cost mechanisms, as referenced in 47 CFR §§ 54.304 and 54.312. "Eligible telecommunications carrier" "eligible carrier" means a carrier designated by the board as eligible to receive universal service support pursuant to 47 U.S.C. § 214(e). "Facilities" means any physical components of the telecommunications network that are used in the transmission or routing of the services designated for universal service fund support. "Federal poverty guidelines" means the poverty guidelines updated periodically in the Federal Register by the U.S. Department of Health and Human Services under the authority of 42 U.S.C. § 9902(2). "High-cost program" means the component of the federal universal service fund that includes the following support mechanisms: high-cost loop support, safety net support, safety valve support, local switching support, interstate common line support, high-cost model support, interstate access support, and the connect America fund, which includes funding to support and advance networks that provide voice and broadband services, both fixed and mobile. "High-cost support" means those support mechanisms in existence as of October 1, 2011, specifically, high-cost loop support, safety net additive support and safety valve support provided pursuant to 47 CFR Part 36, Subpart F; local switching support pursuant to 47 CFR § 54.301; forward-looking support pursuant to 47 CFR § 54.309; interstate access support pursuant to 47 CFR §§ 54.800 through 54.809; interstate common line support pursuant to 47 CFR §§ 54.901 through 54.904; support provided pursuant to 47 CFR §§ 51.915, 51.917, and 54.304; support provided to competitive eligible telecommunications carriers as set forth in 47 CFR § 54.307(e); connect America fund support provided pursuant to 47 CFR § 54.312; and mobility fund support provided pursuant to 47 CFR Part 54, Subpart L; and Rural Broadband Experiment support. "Lifeline-only ETC" means a telecommunications carrier that seeks limited designation as an ETC only to participate in the Lifeline program. "Lifeline program" means the federal universal service program providing support for low-income consumers that is defined in 47 CFR § 54.401 to mean a nontransferable retail service offering (1) for which qualifying low-income consumers pay reduced charges as a result of application of the Lifeline support amount described in 47 CFR § 54.403, and (2) which provides qualifying low-income consumers with voice telephony service as defined in 47 CFR § 54.101(a)or broadband Internet access service as defined in 47 CFR § 54.400. "Mobility fund" means the wireless component of the connect America fund which provides support for the extension of mobile broadband networks in otherwise unserved areas. "National Lifeline accountability database" means the electronic system, with associated functions, processes, policies and procedures, to facilitate the detection and elimination of duplicative support, as directed by the Federal Communications Commission and as defined in 47 CFR § 54.400. "National Lifeline eligibility verifier," as defined in 47 CFR § 54.400(o), means the electronic and manual system that facilitates the determination of consumer eligibility for the Lifeline program. "Qualifying low-income consumer" means a consumer who meets the qualifications for Lifeline as specified in 47 CFR § 54.409. "Services designated for support" means voice telephony services and broadband service. "Tribal Link Up" means an assistance program for eligible residents of tribal lands seeking telecommunications service from a telecommunications carrier that is receiving high-cost support on tribal lands, that provides a reduction of the customary charge for commencing telecommunications service for a single telecommunications connection at a subscriber’s principal place of residence and a deferred schedule of payments of the customary charge for commencing telecommunications service as defined in 47 CFR § 54.413(a). "Voice telephony service" means the service designated by the Federal Communications Commission at 47 CFR § 54.101 as eligible for support by the federal universal service support mechanisms. “Voice telephony service” is service which provides:- Voice grade access to the public switched network or its functional equivalent;
- Minutes of use for local service at no additional charge to end users;
- Access to the emergency services provided by local government or other public safety organizations, such as 911 and enhanced 911, to the extent the local government in an eligible carrier’s service area has implemented 911 or enhanced 911 systems; and
- Toll limitation services to qualifying low-income consumers as provided in 47 CFR Part 54, Subpart E.
Rule making related to computer science education standards
The State Board of Education hereby amends Chapter 12, “General Accreditation Standards,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 256.7(5) and 256.7(26).State or Federal Law Implemented This rule making implements, in whole or in part, 2017 Iowa Acts, chapter 106 (Senate File 274).Purpose and Summary 2017 Iowa Acts, chapter 106 (Senate File 274), requires that the State Board adopt administrative rules for the establishment of high-quality standards for computer science for school districts and accredited nonpublic schools. These amendments to Chapter 12 implement that requirement.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on February 14, 2018, as ARC 3613C. A public hearing was held on March 27, 2018, at 9 a.m. in the State Board Room, Second Floor, Grimes State Office Building, Des Moines, Iowa. No one attended the public hearing. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the State Board on March 29, 2018.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 State Board for a waiver of the discretionary provisions, if any, pursuant to 281—Chapter 4.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).Effective Date This rule making will become effective on May 30, 2018. The following rule-making actions are adopted:
ITEM 1. Adopt the following new heading to precede rule 281—12.11(256):DIVISION XIHIGH-QUALITY STANDARDS FOR COMPUTER SCIENCE ITEM 2. Adopt the following new rule 281—12.11(256):281—12.11(256) High-quality standards for computer science. It is the goal of the state board of education that every school district and every accredited nonpublic school shall offer instruction in high-quality computer science for elementary, middle school, and high school students by July 1, 2019. 12.11(1) Alignment with learning framework or standards developed by a nationally recognized computer science education organization or organizations. Beginning with the school year which begins July 1, 2018, and each school year thereafter, instruction in high-quality computer science shall reflect an alignment with a framework or learning standards developed by a nationally recognized computer science education organization or organizations. The department shall make available to school districts and accredited nonpublic schools such a framework or learning standards. 12.11(2) Professional development incentive fund. A computer science professional development incentive fund is established in the state treasury under the control of the department. The department may accept gifts, grants, bequests, and other private contributions, as well as state or federal moneys, for deposit in the fund. The department may disburse moneys contained in the fund for professional development activities or tuition reimbursement. Notwithstanding Iowa Code section 8.33, moneys in the computer science professional development incentive fund that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the purposes designated until the close of the succeeding fiscal year. The department may disburse those moneys in the following ways. a. A school district or accredited nonpublic school, or a collaborative of one or more school districts, accredited nonpublic schools, and area education agencies, may apply to the department, in the manner prescribed by the department, to receive moneys from the fund to provide proven professional development activities for Iowa teachers in the area of computer science education. b. A school district or accredited nonpublic school may apply to the department, in the manner prescribed by the department, to receive moneys from the fund to provide tuition reimbursement for Iowa teachers seeking endorsements or authorizations for computer science under Iowa Code section 272.2(20). 12.11(3) Applicability of rules. Subrule 12.11(1) shall only apply to school districts and accredited nonpublic schools receiving moneys from the computer science professional development incentive fund established in Iowa Code section 284.6A and described in subrule 12.11(2). [Filed 3/30/18, effective 5/30/18][Published 4/25/18]Editor’s Note: For replacement pages for IAC, see IAC Supplement 4/25/18.ARC 3766CEducation Department[281]Adopted and FiledRule making related to special education
The State Board of Education hereby amends Chapter 41, “Special Education,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 256.7(5).State or Federal Law Implemented This rule making implements, in whole or in part, the Every Student Succeeds Act, Pub. L. No. 114-95, and federal regulations published at 82 Federal Register 29755 (June 30, 2017).Purpose and Summary These two amendments are required based on amendments to the Individuals with Disabilities Education Act (IDEA) that were made by the Every Student Succeeds Act (ESSA). On June 30, 2017, the United States Department of Education issued final regulations that incorporated the changes that the ESSA made to the IDEA. The State Board has adopted these amendments separately from other rule making because these amendments, although required by the ESSA, represent a practice change for many Iowa educators. Item 1 amends the definition of “regular high school diploma.” This amendment makes clear that a regular high school diploma must be fully aligned to state-required standards. In Iowa’s case, these would be the graduation requirements set forth in Iowa Code section 256.7(26). Item 2 explains the requirement that all students with disabilities participate in statewide and districtwide assessments, including providing children with significant intellectual disabilities with alternate assessments aligned to alternate academic achievement standards.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on February 14, 2018, as ARC 3614C. No member of the public appeared at the public hearing held on March 27, 2018. Nineteen written public comments were received and considered. Commenters were parents of children with disabilities, area education agency personnel, school district personnel, and higher education personnel. Many commenters filled more than one of these roles. All comments related to the amendment to paragraph 41.102(1)“c” in Item 1 of the rule making. The majority (ten) of public comments were, in essence, implementation questions about what the commenters understood was a mandatory rule. The comments requested guidance, tool kits and decision-making guides, and specific guidance on scaling and implementation. The Department, in conjunction with area education agencies, school districts, and other partners, will develop this guidance. The guidance will provide maximum flexibility to school districts and individualized education program (IEP) teams to make meaningful graduation decisions for children with disabilities. The guidance will recognize that the Iowa Code requires completion of a certain number of years in the four specified content areas, not particular courses or course descriptions or course codes. The guidance will also recognize that graduation policies and graduation decisions are made by local school boards and by IEP teams, who have wide latitude so long as they meet the mandatory minimum requirements of the Iowa Code. The Department will also provide monitoring of the amendment in a staged manner so that children with disabilities and their families are not caught off guard as they plan for life after high school. Seven comments appeared to be largely against the proposed amendment. Some of these comments stated that children with disabilities are entitled to a high school diploma and that the rule is discriminatory. Other comments stated or implied that work toward meeting the requirements in Iowa Code section 256.7(26)“a” is either not meaningful or too difficult for some children with disabilities. The Department disagrees. First, federal special education law contemplates the possibility that not all children with disabilities graduate with a regular high school diploma. Second, evidence and experience teach that all children, including children with the most significant disabilities, benefit from challenging and meaningful instruction in how they relate to the world around them (“science”) and how they relate to the people around them (“social studies”). Not only is “exempting” children with disabilities from the requirements of Iowa Code section 256.7(26)“a” not legally permitted, it is not wise educational policy or instructional practice. Two comments appeared to be largely favorable to the amendment. One commenter, who is a parent of a child with a disability and who is also a school district leader, stated that the rule “will raise the bar of excellence for all of our students.” After considering the comments in light of the required language contained in the Every Student Succeeds Act, the Department and State Board made no changes to the rule making.Adoption of Rule Making This rule making was adopted by the State Board on March 29, 2018.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 State Board for a waiver of the discretionary provisions, if any, pursuant to 281—Chapter 4.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).Effective Date This rule making will become effective on May 30, 2018. The following rule-making actions are adopted:
ITEM 1. Amend paragraph 41.102(1)"c" as follows: c. Graduates with a regular high school diploma. (1) General. Children with disabilities who have graduated from high school with a regular high school diploma. (2) Inapplicability of exception. The exception in 41.102(1)“c”(1) does not apply to children who have graduated from high school, but have not been awarded a regular high school diploma. (3) Graduation is a change in placement. Graduation from high school with a regular high school diploma constitutes a change in placement requiring written prior notice in accordance with rule 281—41.503(256B,34CFR300). (4) Rule of construction. As used in 41.102(1)“c”(1) to (3), the term “regular high school diploma” does not include an alternative degree that is not fully aligned with the state’s academic standards, such as a certificate or a general educational development credential (GED)means the standard high school diploma awarded to the preponderance of students in the state that is fully aligned with state standards, or a higher diploma, except that a regular high school diploma shall not be aligned to the alternate academic achievement standards described in Section 1111(b)(1)(E) of the ESEA. A regular high school diploma does not include a recognized equivalent of a diploma, such as a general equivalency diploma, certificate of completion, certificate of attendance, or similar lesser credential. ITEM 2. Adopt the following new rule 281—41.160(256B,34CFR300):281—41.160(256B,34CFR300) Participation in assessments. 41.160(1) General. The state must ensure that all children with disabilities are included in all general state and districtwide assessment programs, including assessments described under Section 1111 of the ESEA, 20 U.S.C. Section 6311, with appropriate accommodations and alternate assessments, if necessary, as indicated in their respective IEPs. 41.160(2) Accommodation guidelines. a. The state (or, in the case of a districtwide assessment, an LEA) must develop guidelines for the provision of appropriate accommodations. b. The state’s (or, in the case of a districtwide assessment, the LEA’s) guidelines must: (1) Identify only those accommodations for each assessment that do not invalidate the score; and (2) Instruct IEP teams to select, for each assessment, only those accommodations that do not invalidate the score. 41.160(3) Alternate assessments. a. The state (or, in the case of a districtwide assessment, an LEA) must develop and implement alternate assessments and guidelines for the participation of children with disabilities in alternate assessments for those children who cannot participate in regular assessments, even with accommodations, as indicated in their respective IEPs, as provided in subrule 41.160(1). b. For assessing the academic progress of students with disabilities under Title I of the ESEA, the alternate assessments and guidelines in paragraph 41.160(3)“a” must provide for alternate assessments that: (1) Are aligned with the state’s challenging academic content standards and challenging student academic achievement standards; (2) If the state has adopted alternate academic achievement standards permitted in 34 CFR 200.1(d), measure the achievement of children with the most significant cognitive disabilities against those standards; and (3) Except as provided in subparagraph 41.160(3)“b”(2), a state’s alternate assessments, if any, must measure the achievement of children with disabilities against the state’s grade-level academic achievement standards, consistent with 34 CFR 200.6(a)(2)(ii)(A). c. Consistent with 34 CFR 200.1(e), a state may not adopt modified academic achievement standards for any students with disabilities under Section 602(3) of the Act. 41.160(4) Explanation to IEP teams. The state (or, in the case of a districtwide assessment, an LEA) must provide IEP teams with a clear explanation of the differences between assessments based on grade-level academic achievement standards and those based on alternate academic achievement standards, including any effects of state or local policies on the student’s education resulting from taking an alternate assessment based on alternate academic achievement standards (such as whether only satisfactory performance on a regular assessment would qualify a student for a regular high school diploma). 41.160(5) Inform parents. The state (or, in the case of a districtwide assessment, an LEA) must ensure that parents of students selected to be assessed based on alternate academic achievement standards are informed that their child’s achievement will be measured based on alternate academic achievement standards. 41.160(6) Reports. The state (or, in the case of a districtwide assessment, an LEA) must make available to the public, and report to the public with the same frequency and in the same detail as it reports on the assessment of nondisabled children, the following: a. The number of children with disabilities participating in regular assessments, and the number of those children who were provided accommodations (that did not result in an invalid score) in order to participate in those assessments. b. The number of children with disabilities, if any, participating in alternate assessments based on grade-level academic achievement standards. c. The number of children with disabilities, if any, participating in alternate assessments based on modified academic achievement standards in school years prior to 2015-2016. d. The number of children with disabilities, if any, participating in alternate assessments based on alternate academic achievement standards. e. Compared with the achievement of all children, including children with disabilities, the performance results of children with disabilities on regular assessments, alternate assessments based on grade-level academic achievement standards, alternate assessments based on modified academic achievement standards (prior to 2015-2016), and alternate assessments based on alternate academic achievement standards if: (1) The number of children participating in those assessments is sufficient to yield statistically reliable information; and (2) Reporting that information will not reveal personally identifiable information about an individual student on those assessments. 41.160(7) Universal design. The state (or, in the case of a districtwide assessment, an LEA) must, to the extent possible, use universal design principles in developing and administering any assessments under this rule. [Filed 3/30/18, effective 5/30/18][Published 4/25/18]Editor’s Note: For replacement pages for IAC, see IAC Supplement 4/25/18.ARC 3767CEducation Department[281]Adopted and FiledRule making related to child development grants and coordinating council
The State Board of Education hereby amends Chapter 64, “Child Development Coordinating Council,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 256.7(5).State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapter 256A.Purpose and Summary Items 1, 2, 5, 6, and 7 contain nonsubstantive amendments based on the suggestion of the Child Development Coordinating Council to use “person first” language. Item 3 corrects the name of an organization. Item 4 contains two amendments to streamline the business operations of the Council. Item 8 contains revisions required by 2015 Iowa Acts, House File 658, which made changes to the criteria applicable to grantees. Item 8 also contains nonsubstantive amendments to use “person first” language.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on February 14, 2018, as ARC 3612C. A public hearing was held on March 27, 2018, at 1 p.m. in the State Board Room, Second Floor, Grimes State Office Building, Des Moines, Iowa. No one attended the public hearing. No public comments were received. The following change from the Notice has been made. In subrules 64.15(2) and 64.15(3), two references to “Iowa department of education” were changed to “department” because it is a defined term in Chapter 64.Adoption of Rule Making This rule making was adopted by the State Board on March 29, 2018.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 State Board for a waiver of the discretionary provisions, if any, pursuant to 281—Chapter 4.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).Effective Date This rule making will become effective on May 30, 2018. The following rule-making actions are adopted:
ITEM 1. Amend rule 281—64.1(256A,279) as follows:281—64.1(256A,279) Purpose. These rules structure the child development coordinating council, whose purpose is to promote the provision of services to at-risk three- and four-year-old childrenwho are at risk and public school child development programs for at-risk three-, four-, and five-year-old childrenwho are at risk. These rules also set forth the procedures and conditions under which state funds shall be made available to assist local child development programs for at-risk childrenwho are at risk. ITEM 2. Amend rule 281—64.2(256A,279), definition of “At-risk student,” as follows: "At-risk studentChildren who are at risk" means a student who meets one or more of the primary and secondary risk factors stated in rules 281—64.7(256A,279) and 281—64.8(256A,279). ITEM 3. Amend rule 281—64.3(256A,279) as follows:281—64.3(256A,279) Child development coordinating council. The council members shall be as provided in Iowa Code section 256A.2. The Iowa resident parent shall be chosen by the Head Start director’s association in consultation with the Head Start parents’ associationIowa Head Start Association. ITEM 4. Amend rule 281—64.4(256A,279) as follows:281—64.4(256A,279) Procedures. 64.4(1) A quorum shall consist of two-thirds of thevoting members. 64.4(2) When a quorum is present, a position shall pass when approved by a majority of voting members. 64.4(3) The council shall meet at least four times per year and may meet more often at the call of the chair or a majority of voting members. 64.4(4) The chairperson and vice-chair shall be elected by the council for a term of two years.After the initial two-year term as vice-chair, the vice-chair shall assume the role of chairperson for a term of two years. ITEM 5. Amend rule 281—64.6(256A,279) as follows:281—64.6(256A,279) Eligibility identification procedures. In a year in which funds are made available by the Iowa legislature, the council shall grant awardson a competitive basis to child development programs for at-risk three- and four-year-old childrenwho are at risk and public school child development programs for at-risk three-, four-, and five-year-old children on a competitive basiswho are at risk. Competitive grants will be awarded with a renewal option for up to five years when grantees meet program requirements. If program requirements are not met, the department may discontinue grant funding at the start of the following fiscal year. ITEM 6. Amend subrules 64.7(1) and 64.7(2) as follows: 64 64.7 7(1) Child development grants. At least 80 percent of the funded available enrollment slots for at-risk three- and four-year-old childrenwho are at risk shall be directed to serve children in primary eligibility categories as follows: a. Children reaching three or four years of age on or before September 15 of the contract year; and b. Members of a low-income family. 64 64.7 7(2) Public school child development grants. At least 80 percent of the funded available enrollment for at-risk three-, four-, and five-year-old childrenwho are at risk in public school child development programs shall be directed to serve children in primary eligibility categories as follows: a. Children reaching three, four, or five years of age on or before September 15 of the contract year; and b. Members of a low-income family. ITEM 7. Amend subrule 64.9(2) as follows: 64.9(2) Additional grant components. The following information shall be provided and points shall be awarded to applicants based on the following additional components.- Program summary.
- Research documentation.
- Identification and documentation of local at-risk populationpopulations who are at risk.
- Letters of community support.
- Program budget (administrative costs not to exceed 10 percent of total award).
Rule making related to targeted small business certification duties and technical changes
The Department of Inspections and Appeals hereby amends Chapter 1, “Administration,” rescinds Chapter 25, “Iowa Targeted Small Business Certification Program,” and amends Chapter 30, “Food and Consumer Safety,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 10A.104(5).State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 10A.104(5) and 22.11 and 2017 Iowa Acts, chapter 160 (House File 621).Purpose and Summary This rule making implements changes made in 2017 Iowa Acts, chapter 160 (House File 621), which transfers responsibility for the certification of targeted small businesses from the Department of Inspections and Appeals to the Iowa Economic Development Authority. The Iowa Economic Development Authority’s administrative rules, which can be found in 261—Chapter 52, are related to the certification of targeted small businesses and became effective February 21, 2018. As a result, Chapter 25 of the Department’s rules is being rescinded. This rule making also eliminates other references to the targeted small business certification program found in Chapters 1 and 30. Additionally, two other technical changes are contained in this rule making. A reference to home food establishments is changed to home bakeries, which is consistent with changes made by the Iowa General Assembly in 2016, and an outdated reference to the inspection of egg handlers is removed as this function was transferred to the Iowa Department of Agriculture and Land Stewardship by the Iowa General Assembly during the 2011 session.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on February 28, 2018, as ARC 3650C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Department on April 4, 2018.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 481—Chapter 6.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).Effective Date This rule making will become effective on May 30, 2018. The following rule-making actions are adopted:
ITEM 1. Amend rule 481—1.3(10A) as follows:481—1.3(10A) Administration division. This division provides administrative support to the department, including fiscal, policy and planning, information technology, and public information. This division negotiates and provides oversight for compacts entered into between the state of Iowa and Indian tribes located in the state. The division certifies targeted small businesses. The division also inspects and licenses the following entities:- Social and charitable gambling pursuant to Iowa Code chapter 99B;
- Food establishments, including but not limited to restaurants, vending establishments, and mobile food units;
- Hotels, home food establishments, and egg handlersand home bakeries;
- Inspections for sanitation in any locality of the state upon written petition of five or more residents of the locality.
Rule making related to the investigation division
The Department of Inspections and Appeals hereby amends Chapter 1, “Administration,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 10A.104(5).State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 10A.401 to 10A.403.Purpose and Summary In Chapter 1, the rule for the administration of the Department’s Investigations Division is being updated to reflect the current structure of the Division. The amendment is the result of a review of all administrative rules related to the Investigations Division.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on February 28, 2018, as ARC 3649C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Department on April 4, 2018.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 481—Chapter 6.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).Effective Date This rule making will become effective on May 30, 2018. The following rule-making action is adopted:
ITEM 1. Rescind rule 481—1.4(10A) and adopt the following new rule in lieu thereof:481—1.4(10A) Investigations division. The investigations division of the department conducts criminal, civil, and administrative investigations of fraud and misconduct. The division also conducts audits of health care facilities. Staff within the division work closely with federal, state, and local partners in identifying fraud, waste, and abuse and, where appropriate, presenting cases for criminal prosecution. 1.4(1) Units of the division. The division is comprised of the following units. a. Abuse coordinating unit.The abuse coordinating unit assists with the detection, investigation and prosecution of civil, administrative dependent adult abuse allegations in health care facilities. b. Audit unit.The audit unit audits health care facilities to review and verify facility resident billing and personal allowance accounts and to determine whether state billings accurately reflect the health care facility census. The unit audits local department of human services offices to review and verify whether administrative expense claims and official receipts are in accordance with the criteria set forth in 2 CFR Part 200 and state law. c. Economic fraud control bureau (EFCB).The economic fraud control bureau is comprised of two units. (1) Program integrity/electronic benefit transfer (EBT) unit. This unit investigates recipient public assistance fraud and food assistance trafficking. Division staff investigate suspected fraud and assist the department of human services to determine eligibility for public assistance. Division staff may conduct investigations relative to the administration of any other state or federal benefit assistance program. Division staff may also conduct investigations relative to the internal affairs and operations of agencies and departments within the executive branch of state government, except for institutions governed by the state board of regents. (2) Divestiture unit. This unit investigates the transfer or assignment of a legal or equitable interest in property from a Medicaid recipient transferor to a transferee for less than fair consideration. The department may establish a debt against the transferee, due and owing to the department of human services, in an amount equal to the medical assistance provided, but not in excess of the fair consideration value of the assets transferred. d. Medicaid fraud control unit (MFCU).The Medicaid fraud control unit investigates allegations of fraud committed by providers against the Medicaid program as well as fraud in the administration of the Medicaid program. MFCU also investigates abuse, neglect or other crimes committed upon residents in care facilities or related programs that receive funding from the Medicaid program. e. Professional standards unit.The professional standards unit investigates licensed professionals for the professional licensure division of the department of public health. Licensing boards may refer professional practice inquiries to the unit for investigation. This unit does not conduct investigations on behalf of the board of medicine, the board of pharmacy, the dental board, or the board of nursing. f. Public assistance debt recovery unit (PADRU).The public assistance debt recovery unit investigates and initiates collections of overpayment debts owed to the department of human services. 1.4(2) Peace officer status. Pursuant to Iowa Code section 10A.403, investigators assigned to the division shall have the powers and authority of peace officers when acting within the scope of their responsibilities to conduct investigations as specified in Iowa Code section 10A.402(5). An investigator shall not carry a weapon to perform responsibilities as described in this subrule. This rule is intended to implement Iowa Code sections 10A.401 to 10A.403. [Filed 4/4/18, effective 5/30/18][Published 4/25/18]Editor’s Note: For replacement pages for IAC, see IAC Supplement 4/25/18.ARC 3770CRevenue Department[701]Adopted and FiledRule making related to first-time homebuyer savings account
The Revenue Department hereby amends Chapter 40, “Determination of Net Income,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 421.14 and 541B.7.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapter 541B and section 422.7.Purpose and Summary The new rule is necessary to implement and administer the Iowa First-Time Homebuyer Savings Account Act, as enacted in 2017 Iowa Acts, chapter 116 (Senate File 505). The rule sets forth details to provide clarity and guidance both to participants in the program and entities involved in its processes. Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on February 28, 2018, as ARC 3657C. The Department received 13 written comments from three stakeholder groups. The majority of the comments sought clarification regarding the statutory authority for or other origin of the rule. A few other comments suggested modifications to the proposed rule. The Department declined to revise the proposed rule in most circumstances. The Department provided written responses for each comment to each of the three stakeholder groups. In response to one of the comments, the Department changed the time period for presuming a withdrawal is not a nonqualifying withdrawal when ownership of the qualifying home passes to the designated beneficiary (see 40.82(5)“a”(2)“2”). The proposed rule provided a 30-day window, which has been extended to 60 days. The Department also added language to 40.82(3)“b”(2) to clarify that withdrawal reports should be submitted within 90 days of the date of the withdrawal or, for withdrawals made less than 90 days before an account holder files an income tax return with the Department, no later than the date the return is filed. Lastly, the Department made four minor, nonsubstantive changes from the proposed rule.Adoption of Rule Making This rule making was adopted by the Department on April 4, 2018.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. The fiscal note for the legislation enacting this program estimates revenue reductions for the General Fund of $0.2 million in fiscal year (FY) 2019, $0.7 million in FY 2020, $1.3 million in FY 2021, $1.9 million in FY 2022, and $2.0 million in FY 2023 and FY 2024. 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 rule 701—7.28(17A).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).Effective Date This rule making will become effective on May 30, 2018. The following rule-making action is adopted:
ITEM 1. Adopt the following new rule 701—40.82(422,541B):701—40.82(422,541B) First-time homebuyer savings accounts. 40.82(1) Definitions. Definitions that apply to the first-time homebuyer savings account program may be found in Iowa Code section 541B.2. 40.82(2) Establishing an account. a. Account holders. (1) A first-time homebuyer savings account holder must be an individual or married couple. (2) Any individual may establish a first-time homebuyer savings account by opening an account that meets the requirements provided in this rule. (3) A married couple who files a joint Iowa income tax return may establish a joint first-time homebuyer savings account by opening a joint savings account that meets the requirements provided in this rule. Married couples who file separately or separately on a combined return for Iowa income tax purposes may not establish a joint first-time homebuyer savings account. (4) There is no limit on the number of first-time homebuyer savings accounts that any account holder may open. However, account holders are subject to other restrictions under the Iowa Code and these rules, including but not limited to the annual contribution limits and aggregate lifetime limits in paragraph 40.82(4)“c.” (5) No account holder may open or hold more than one account for the same designated beneficiary. (6) The account holder may change the designated beneficiary of the account at any time. b. Beneficiaries. (1) In order to be a designated beneficiary of a first-time homebuyer savings account, an individual must: 1. Be a resident of Iowa, as defined in Iowa Code section 422.4, 2. Not own, either individually or jointly, any single-family or multifamily residence, and 3. Not have owned or purchased, individually or jointly, any single-family or multifamily residence at any time in the three years immediately prior to both:Rule making related to grounds for protest of property tax assessment
The Revenue Department hereby amends Chapter 71, “Assessment Practices and Equalization,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 421.14.State or Federal Law Implemented This rule making implements, in whole or in part, 2017 Iowa Acts, chapter 151.Purpose and Summary This rule making updates the grounds for protests of property tax assessments to reflect the changes made in 2017 Iowa Acts, chapter 151 (House File 478). House File 478 removed requirements for the various grounds for protest, required that the Director of Revenue prescribe forms for the filing of a protest, and added misconduct as a ground for protest.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on February 14, 2018, as ARC 3620C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Department on March 21, 2018.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 rule 701—7.28(17A).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).Effective Date This rule making will become effective on May 30, 2018. The following rule-making actions are adopted:
ITEM 1. Amend subrule 71.20(4) as follows: 71.20(4) Appeals to boards of review. a. Jurisdiction.A board of review may act only upon written protests which have been filed with the board of reviewin compliance with Iowa Code section 441.37(1)“a.” (1) Protests must be filedbetween April 2 and April 30, inclusive. In the event April 30 falls on a Saturday or Sunday, protests filed the following Monday shall be considered to have been timely filed. Protests postmarked by April 30 or the following Monday if April 30 falls on a Saturday or Sunday shall also be considered to have been timely filed. (2) The protest must identify one or more grounds for protest under Iowa Code section 441.37. (3) All protests must be in writing, on forms prescribed by the director of revenue, and signed by the taxpayerprotester or the taxpayer’sprotester’s authorized agent.A protest shall not be rejected for the sole reason that the protest was not filed using the prescribed form if the protest otherwise complies with Iowa Code section 441.37(1)“a.” A written request for an oral hearing must be made at the time of filing the protest and may be made by checking the appropriate box on the form prescribed by the department of revenue. Protests may be filed for previous years if the taxpayer discovers that a mathematical or clerical error was made in the assessment, provided the taxes have not been fully paid or otherwise legally discharged. The protester may combine on one form assessment protests on parcels separately assessed if the same grounds are relied upon as the basis for protesting each separate assessment. If an oral hearing is requested on more than one of the protests, the person making the combined protests may request that the oral hearings be held consecutively. (4) A board of review may allow protests to be filed in electronic format. Protests transmitted electronically are subject to the same deadlines as written protests. b. Grounds for protest. Taxpayers may protest to a board of review on one or more of the grounds specified in Iowa Code section 441.37. The grounds for protest and procedures for considering protests are as follows: (1) The assessment is not equitable when compared with those of similar properties in the same assessingtaxing district. If this ground is a basis for the protest, the protest must contain the legal descriptions and assessments of the comparable properties. The comparable properties selected by the taxpayer must be located within the same assessing district as the property for which the protest has been filed (Maytag Co. v. Partridge, 210 N.W.2d 584 (Iowa 1973)).If this ground is a basis for the protest, the protester may identify comparable properties to support the claim. In considering a protest based upon this ground, the board of review should examine carefully all information used to determine the assessment of the subject property and the, consider any comparable properties, and determine that those properties are indeed comparable to the subject propertywhether the evidence demonstrates the subject property is inequitably assessed. It is the responsibility of the taxpayer to establish that the other properties submitted are comparable to the subject property and that inequalities exist in the assessments (Chicago & N. W. Ry. Co. v. Iowa State Tax Commission, 257 Iowa 1359,137 N.W.2d 246(1965)). (2) The property is assessed at more than its actual value as defined in Iowa Code section 441.21the value authorized by law. If this ground is used, the taxpayer must state both the amount by which the property is overassessed and the amount considered to be the actual value of the property.If this ground is the basis for a protest, the protester may indicate the amount considered to be the actual value of the property. (3) The property is not assessable and should be exempt from taxation. If using this ground, taxpayers must state the reasons why it is felt the property is not assessable, is exempt from taxes, or is misclassified. If this ground is the basis for a protest, the protester may indicate why the property is exempt, misclassified, or not assessable. (4) There is an error in the assessment. An error in the assessment would most probably involve erroneous mathematical computations or errors in listing the propertymay include, but is not limited to, listing errors, assessment of subject property for less than authorized by law, or erroneous mathematical calculations. The improper classification of property also constitutes an error in the assessment. If this ground is used, the taxpayer’s protest must state the specific error alleged.If this ground is the basis for a protest, the protester must indicate the alleged error.A board of review must determine:- If an error exists, and
- How the error might be corrected.
Rule making related to employer registration penalties
The Director of the Department of Workforce Development hereby amends Chapter 22, “Employer Records and Reports,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 96.11.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapter 96.Purpose and Summary This amendment rescinds subrule 22.9(3) to address a previous amendment that the Department has determined should be pursued through legislation rather than rule making. The previous amendment was adopted and filed in error, and at its January 5, 2018, meeting the Administrative Rules Review Committee imposed a session delay on the effective date of this amendment to allow this rescission to be made prior to the adjournment of the 2018 Legislative Session.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on February 28, 2018, as ARC 3658C. ARC 3658C was reviewed by the Administrative Rules Review Committee at its meeting held on March 9, 2018. No questions or comments were received from Committee members. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Director of the Department of Workforce Development on April 5, 2018.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. 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).Effective Date This rule making will become effective on May 30, 2018. The following rule-making action is adopted:
ITEM 1. Rescind and reserve subrule 22.9(3). [Filed 4/5/18, effective 5/30/18][Published 4/25/18]Editor’s Note: For replacement pages for IAC, see IAC Supplement 4/25/18.