CHAPTER 82INTERMEDIATE CARE FACILITIES FOR PERSONSWITH AN INTELLECTUAL DISABILITY[Prior to 7/1/83, Social Services[770] Ch 82][Prior to 2/11/87, Human Services[498]]44182.1(249A) Definition.
"Department" means the Iowa department of human services.
"Intermediate care facility for persons with an intellectual disability (ICF/ID)" means an institution that is primarily for the diagnosis, treatment, or rehabilitation of persons with an intellectual disability or persons with related conditions and that provides, in a protected residential setting, ongoing evaluation, planning, 24-hour supervision, coordination and integration of health or related services to help each person function at the greatest ability and is an approved Medicaid vendor.
"Intermediate care facility for persons with an intellectual disability level of care" means that the individual has a diagnosis of intellectual disability made in accordance with the criteria provided in the current version of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association; or has a related condition as defined in 42 CFR 435.1009 as amended to March 29, 2022; and needs assistance in at least three of the following major life areas: mobility, musculoskeletal skills, activities of daily living, domestic skills, toileting, eating skills, vision, hearing or speech or both, gross/fine motor skills, sensory-taste, smell, tactile, academic skills, vocational skills, social/community skills, behavior, and health care.
"Intermediate care facility for persons with medical complexity" means an intermediate care facility for persons with an intellectual disability which provides health and rehabilitation services to individuals who require a skilled nursing level of care, have either a multiple organ dysfunction or severe single organ dysfunction, and require daily use of medical resources or technology.
"Managed care organization" means an entity that (1) is under contract with the department to provide services to Medicaid recipients and (2) meets the definition of “health maintenance organization” as defined in Iowa Code section 514B.1.
This rule is intended to implement Iowa Code section 249A.12.Related ARC(s): 2361C, 4052C, 6776C44182.2(249A) Licensing and certification. In order to participate in the program, a facility shall be licensed as an intermediate care facility for persons with an intellectual disability by the department of inspections and appeals under the department of inspections and appeals rules found in 481—Chapter 64. The facility shall meet the following conditions of participation: 82.2(1) Governing body and management. a. Governing body. The facility shall identify an individual or individuals to constitute the governing body of the facility. The governing body shall: (1) Exercise general policy, budget, and operating direction over the facility. (2) Set the qualifications (in addition to those already set by state law) for the administrator of the facility. (3) Appoint the administrator of the facility. b. Compliance with federal, state, and local laws. The facility shall be in compliance with all applicable provisions of federal, state and local laws, regulations and codes pertaining to health, safety, and sanitation. c. Client records. (1) The facility shall develop and maintain a record-keeping system that includes a separate record for each client and that documents the clients’ health care, active treatment, social information, and protection of the client’s rights. (2) The facility shall keep confidential all information contained in the clients’ records, regardless of the form or storage method of the records. (3) The facility shall develop and implement policies and procedures governing the release of any client information, including consents necessary from the client or parents (if the client is a minor) or legal guardian. (4) Any individual who makes an entry in a client’s record shall make it legibly, date it, and sign it. (5) The facility shall provide a legend to explain any symbol or abbreviation used in a client’s record. (6) The facility shall provide each identified residential living unit with appropriate aspects of each client’s record. d. Services provided under agreements with outside sources. (1) If a service required under this rule is not provided directly, the facility shall have a written agreement with an outside program, resource, or service to furnish the necessary service, including emergency and other health care. (2) The agreement shall:- Contain the responsibilities, functions, objectives, and other terms agreed to by both parties.
- Provide that the facility is responsible for ensuring that the outside services meet the standards for quality of services contained in this rule.
- Staff of the facility shall not use physical, verbal, sexual or psychological abuse or punishment.
- Staff shall not punish a client by withholding food or hydration that contributes to a nutritionally adequate diet.
- The facility shall prohibit the employment of individuals with a conviction or prior employment history of child or client abuse, neglect or mistreatment.
- To be designated as an occupational therapist, an individual shall be eligible for certification as an occupational therapist by the American Occupational Therapy Association or another comparable body.
- To be designated as an occupational therapy assistant, an individual shall be eligible for certification as an occupational therapy assistant by the American Occupational Therapy Association or another comparable body.
- To be designated as a physical therapist, an individual shall be eligible for certification as a physical therapist by the American Physical Therapy Association or another comparable body.
- To be designated as a physical therapy assistant, an individual shall be eligible for registration as a physical therapy assistant by the American Physical Therapy Association or be a graduate of a two-year college-level program approved by the American Physical Therapy Association or another comparable body.
- To be designated as a psychologist, an individual shall have at least a master’s degree in psychology from an accredited school.
- To be designated as a social worker, an individual shall hold a graduate degree from a school of social work accredited or approved by the Council on Social Work Education or another comparable body or hold a bachelor of social work degree from a college or university accredited or approved by the Council on Social Work Education or another comparable body.
- To be designated as a speech-language pathologist or audiologist, an individual shall be eligible for a Certificate of Clinical Competence in Speech-Language Pathology or Audiology granted by the American Speech-Language Hearing Association or another comparable body or meet the educational requirements for certification and be in the process of accumulating the supervised experience required for certification.
- To be designated as a professional recreation staff member, an individual shall have a bachelor’s degree in recreation or in a specialty area such as art, dance, music or physical education.
- To be designated as a professional dietitian, an individual shall be eligible for registration by the Academy of Nutrition and Dietetics.
- To be designated as a human services professional, an individual shall have at least a bachelor’s degree in a human services field (including, but not limited to, sociology, special education, rehabilitation counseling or psychology).
- For each defined residential living unit serving children under the age of 12, severely and profoundly intellectually disabled clients, clients with severe physical disabilities, or clients who are aggressive, assaultive, or security risks, or who manifest severely hyperactive or psychotic-like behavior, the staff-to-client ratio is 1 to 3.2.
- For each defined residential living unit serving moderately intellectually disabled clients, the staff-to-client ratio is 1 to 4.
- For each defined residential living unit serving clients who function within the range of mild intellectual disability, the staff-to-client ratio is 1 to 6.4.
- When there are no clients present in the living unit, a responsible staff member must be available by telephone.
- Identify the presenting problems and disabilities and, where possible, their causes.
- Identify the client’s specific developmental strengths.
- Identify the client’s specific developmental and behavioral management needs.
- Identify the client’s need for services without regard to the actual availability of the services needed.
- Include physical development and health, nutritional status, sensorimotor development, affective development, speech and language development, auditory functioning, cognitive development, social development, adaptive behaviors or independent living skills necessary for the client to be able to function in the community, and vocational skills as applicable.
- Be stated separately, in terms of a single behavioral outcome.
- Be assigned projected completion dates.
- Be expressed in behavioral terms that provide measurable indices of performance.
- Be organized to reflect a developmental progression appropriate to the individual.
- Be assigned priorities.
- The methods to be used.
- The schedule for use of the method.
- The person responsible for the program.
- The type of data and frequency of data collection necessary to be able to assess progress toward the desired objectives.
- The inappropriate client behaviors, if applicable.
- Provision for the appropriate expression of behavior and the replacement of inappropriate behavior, if applicable, with behavior that is adaptive or appropriate.
- Describe relevant interventions to support the individual toward independence.
- Identify the location where program strategy information (which shall be accessible to any person responsible for implementation) can be found.
- Include, for those clients who lack them, training in personal skills essential for privacy and independence (including, but not limited to, toilet training, personal hygiene, dental hygiene, self-feeding, bathing, dressing, grooming, and communication of basic needs), until it has been demonstrated that the client is developmentally incapable of acquiring them.
- Identify mechanical supports, if needed, to achieve proper body position, balance, or alignment. The plan shall specify the reason for each support, the situations in which each is to be applied, and a schedule for the use of each support.
- Provide that clients who have multiple disabling conditions spend a major portion of each waking day out of bed and outside the bedroom area, moving about by various methods and devices whenever possible.
- Include opportunities for client choice and self-management.
- Has successfully completed an objective or objectives identified in the individual program plan.
- Is regressing or losing skills already gained.
- Is failing to progress toward identified objectives after reasonable efforts have been made.
- Is being considered for training toward new objectives.
- Review, approve, and monitor individual programs designed to manage inappropriate behavior and other programs that, in the opinion of the committee, involve risks to client protection and rights.
- Ensure that these programs are conducted only with the written informed consent of the client, parent (if the client is a minor), or legal guardian.
- Review, monitor and make suggestions to the facility about its practices and programs as they relate to drug usage, physical restraints, time-out rooms, application of painful or noxious stimuli, control of inappropriate behavior, protection of client rights and funds, and any other area that the committee believes needs to be addressed.
- Promote the growth, development, and independence of the client.
- Address the extent to which client choice will be accommodated in daily decision making, emphasizing self-determination and self-management, to the extent possible.
- Specify client conduct to be allowed or not allowed.
- Be available to all staff, clients, parents of minor children, and legal guardians.
- Specify all facility-approved interventions to manage inappropriate client behavior.
- Designate these interventions on a hierarchy to be implemented ranging from most positive or least intrusive to least positive or most intrusive.
- Ensure, prior to the use of more restrictive techniques, that the client’s record documents that programs incorporating the use of less intrusive or more positive techniques have been tried systematically and have been demonstrated to be ineffective.
- Address the use of time-out rooms, the use of physical restraints, the use of drugs to manage inappropriate behavior, the application of painful or noxious stimuli, the staff members who may authorize the use of specified interventions, and a mechanism for monitoring and controlling the use of these interventions.
- The placement is a part of an approved systematic time-out program as required by 82.2(5)“b.”
- The client is under the direct constant visual supervision of designated staff.
- The door to the room is held shut by staff or by a mechanism requiring constant physical pressure from a staff member to keep the mechanism engaged.
- As an integral part of an individual program plan that is intended to lead to less restrictive means of managing and eliminating the behavior for which the restraint is applied.
- As an emergency measure, but only if absolutely necessary to protect the client or others from injury.
- As a health-related protection prescribed by a physician, but only if absolutely necessary during the conduct of a specific medical or surgical procedure, or only if absolutely necessary for client protection during the time that a medical condition exists.
- Evaluation of vision and hearing.
- Immunizations, using as a guide the recommendations of the Public Health Service Advisory Committee on Immunization Practices or of the Committee on the Control of Infectious Diseases of the American Academy of Pediatrics.
- Routine screening laboratory examinations as determined necessary by the physician, and special studies when needed.
- Tuberculosis control, appropriate to the facility’s population, and in accordance with the recommendations of the American College of Chest Physicians or the section of diseases of the chest of the American Academy of Pediatrics, or both.
- Be by a direct physical examination.
- Be by a licensed nurse.
- Be on a quarterly or more frequent basis depending on client need.
- Be recorded in the client’s record.
- Result in any necessary action including referral to a physician to address client health problems.
- Training clients and staff as needed in appropriate health and hygiene methods.
- Control of communicable diseases and infections, including the instruction of other personnel in methods of infection control.
- Training direct care staff in detecting signs and symptoms of illness or dysfunction, first aid for accidents or illness, and basic skills required to meet the health needs of the clients.
- Be rooms that have at least one outside wall.
- Be equipped with or located near toilet and bathing facilities.
- Accommodate no more than four clients unless granted a variance under 82.2(7)“b”(3).
- Measure at least 60 square feet per client in multiple-client bedrooms and at least 80 square feet in single-client bedrooms.
- In all facilities initially certified or in buildings constructed or with major renovations or conversions, have walls that extend from floor to ceiling.
- A separate bed of proper size and height for the convenience of the client.
- A clean, comfortable mattress.
- Bedding appropriate to the weather and climate.
- Functional furniture appropriate to the client’s needs, and individual closet space in the client’s bedroom with clothes racks and shelves accessible to the client.
- Except as specified in 82.2(7)“i”(2), the facility shall meet the applicable provisions of either the Health Care Occupancies Chapters or the Residential Board and Care Occupancies Chapter of the Life Safety Code (LSC) of the National Fire Protection Association, 1985 edition, which is incorporated by reference.
- The department of inspections and appeals may apply a single chapter of the LSC to the entire facility or may apply different chapters to different buildings or parts of buildings as permitted by the LSC.
- A facility that meets the LSC definition of a residential board and care occupancy and that has 16 or fewer beds shall have its evacuation capability evaluated in accordance with the Evacuation Difficulty Index of the LSC (Appendix F).
- For facilities that meet the LSC definition of a health care occupancy, the Centers for Medicare and Medicaid Services may waive, for a period it considers appropriate, specific provisions of the LSC if the waiver would not adversely affect the health and safety of the clients and rigid application of specific provisions would result in an unreasonable hardship for the facility.The department of inspections and appeals may apply the state’s fire and safety code instead of the LSC if the Secretary of the Department of Health and Human Services finds that the state has a code imposed by state law that adequately protects a facility’s clients.Compliance on November 28, 1982, with the 1967 edition of the LSC or compliance on April 18, 1986, with the 1981 edition of the LSC, with or without waivers, is considered to be compliance with this standard as long as the facility continues to remain in compliance with that edition of the code.
- For facilities that meet the LSC definition of a residential board and care occupancy and that have more than 16 beds, the department of inspections and appeals may apply the state’s fire and safety code as specified above.
- Not more than 14 hours between a substantial evening meal and breakfast of the following day, except on weekends and holidays when a nourishing snack is provided at bedtime, 16 hours may elapse between a substantial evening meal and breakfast.
- Not less than 10 hours between breakfast and the evening meal of the same day, except as provided under 82.2(8)“b”(1)“1.”
- In appropriate quantity.
- At appropriate temperature.
- In a form consistent with the developmental level of the client.
- With appropriate utensils.
- Be prepared in advance.
- Provide a variety of foods at each meal.
- Be different for the same days of each week and adjusted for seasonal change.
- Include the average portion sizes for menu items.
- The costs have actually been incurred and paid,
- The costs are reasonable expenditures for the services obtained,
- The facility has made a good-faith effort to settle the disputed issue before the completion of the administrative or judicial proceeding, and
- The facility prevails on the disputed issue.
- Allowable organization costs. Allowable organization costs include, but are not limited to, legal fees incurred in establishing the corporation or other organization (such as drafting the corporate charter and bylaws, legal agreements, minutes of organization meetings, terms of original stock certificates), necessary accounting fees, expenses of temporary directors and organizational meetings of directors and stockholders, and fees paid to states for incorporation.
- Unallowable organization costs. The following types of costs are not considered allowable organization costs: costs relating to the issuance and sale of shares of capital stock or other securities, such as underwriters’ fees and commissions, accountant’s or lawyer’s fees; costs of qualifying the issues with the appropriate state or federal authorities; and stamp taxes.