PrintTwenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)“b.”
Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.
Pursuant to the authority of Iowa Code sections 231.14 and 17A.3, the Department on Aging hereby gives Notice of Intended Action to amend Chapter 23, “Aging and Disability Resource Center,” Iowa Administrative Code. The proposed amendment adds two new subrules to provide for a requirement that individuals providing the service of options counseling shall complete training that was developed in partnership with the Administration for Community Living. This training will standardize the service of options counseling within the state of Iowa and ensure that the service is consistent with the agreed-upon national standard. The training requirement also furthers the mandate that the Aging and Disability Resource Center be administered consistent with the federal Act. Any interested person may make written suggestions or comments on the proposed amendment on or before October 31, 2017. Such written comments or suggestions should be directed to Brian Majeski, Iowa Department on Aging, Jessie M. Parker Building, 510 E. 12th Street, Des Moines, Iowa 50319. E-mail may be sent to brian.majeski@iowa.gov. After analysis and review of this rule making, no adverse impact on jobs has been found. This amendment is intended to implement Iowa Code section 231.64. The following amendment is proposed.
ITEM 1. Adopt the following new subrules 23.7(5) and 23.7(6): .(5) Position-specific training. The options counselor shall provide to the ADRC coordination center documentation of successful completion of the person-centered counseling core curriculum provided by Elsevier, or an equivalent that is approved by the department, within 30 days of employment as an options counselor. Documentation shall be included in the individual’s personnel record. .(6) Continuing education requirements for an options counselor. An options counselor shall: a. Obtain during the term of employment eight hours of relevant training annually as required by the department. b. Document training related to the provision of options counseling if eight hours of training are not obtained in accordance with paragraph 23.7(6)“a.” Documentation shall be included in the individual’s personnel record.ARC 3359CAgriculture and Land Stewardship Department[21]Notice of Intended ActionTwenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)“b.”
Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.
Pursuant to the authority of Iowa Code sections 159.5(10) and 199.11(1)“b,” the Department of Agriculture and Land Stewardship hereby gives Notice of Intended Action to amend Chapter 40, “Agricultural Seeds,” Iowa Administrative Code. The proposed amendment would eliminate the requirement that small packages of vegetable seed have the germination rate on the label, which would only apply to packets of one pound or less which are prepared for use in home gardens or household plantings or for vegetable seeds in preplanted containers, mats, tapes or other planting devices in containers. Any interested persons may make written suggestions or comments on the proposed amendment on or before October 31, 2017. Written comments should be addressed to Margaret Thomson, Iowa Department of Agriculture and Land Stewardship, Wallace State Office Building, 502 East Ninth Street, Des Moines, Iowa 50319. Comments may be submitted by fax to (515)281-6236 or by e-mail to Margaret.Thomson@IowaAgriculture.gov. The proposed amendment is subject to the Department’s general waiver provisions. After analysis and review of this rule making, no adverse impact on jobs has been found. This amendment is intended to implement Iowa Code sections 189.9(1) and 199.3. The following amendment is proposed.
ITEM 1. Amend rule 21—40.3(199) as follows:21—40.3(199) Labeling. Agricultural and vegetable seeds in package or wrapped form shall be labeled in accordance with Iowa Code section 189.9(1). In addition, labeling requirements appearing in Title 7, C.F.R., Subchapter K, Part 201, Sections 201.8 through and including 201.36(c), revised as of January 1, 1982, are hereby adopted by this reference and shall be the labeling requirements for agricultural and vegetable seeds in Iowa.However, the germination rate is not required for small packages of vegetable seed in packets of one pound or less which are prepared for use in home gardens or household plantings or for vegetable seeds in preplanted containers, mats, tapes or other planting devices in containers.ARC 3377CEconomic Development Authority[261]Notice of Intended ActionTwenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)“b.”
Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.
Pursuant to the authority of Iowa Code sections 15.106A and 15.356, the Economic Development Authority hereby gives Notice of Intended Action to amend Chapter 48, “Workforce Housing Tax Incentives Program,” Iowa Administrative Code. 2017 Iowa Acts, Senate File 488, provides for a set-aside for small cities under the Workforce Housing Tax Incentives Program administered pursuant to Iowa Code sections 15.351 through 15.356. The proposed amendments reflect the statutory changes to the program, including adding a definition, project requirements, and tax incentives. To prevent excessive buildup on the program’s wait list, the proposed amendments also permit the Authority to stop accepting applications if the total amount of registered projects exceeds the available fiscal year allocation. The Economic Development Authority Board approved the proposed amendments at its meeting on September 22, 2017. Interested persons may submit comments on or before October 31, 2017. Comments may be submitted to Jennifer Klein, Economic Development Authority, 200 East Grand Avenue, Des Moines, Iowa 50309; telephone number (515)725-3124; e-mail Jennifer.Klein@iowaeda.com. These amendments do not have any fiscal impact to the state of Iowa. After analysis and review of this rule making, no impact on jobs has been found. These amendments are intended to implement Iowa Code section 15.356. The following amendments are proposed.
ITEM 1. Amend rule 261—48.1(15) as follows:261—48.1(15) Authority. The authority for adopting rules establishing a workforce housing tax incentives program is provided in Iowa Code sectionsections15.106A and in 2014 Iowa Acts, House File 2448, section 18and 15.356. ITEM 2. Adopt the following new definition of “Small city” in rule 261—48.3(15): "Small city" means any city or township located in this state, except those located within the 11 most populous counties in the state, as determined by the most recent federal decennial census. For the purposes of this definition, a small city that is located in more than one county shall be considered to be located in the county having the greatest taxable base within the small city. ITEM 3. Amend subparagraph 48.4(1)"a" as follows: (1) Four or more single-family dwelling units, except for a project located in a small city, then two or more single-family dwelling units. ITEM 4. Amend paragraph 48.4(1)"b" as follows: b. The project consists of any of the following: (1) Rehabilitation, repair, or redevelopment at a brownfield site or grayfield site that results in new dwelling units. (2) The rehabilitation, repair, or redevelopment of dilapidated dwelling units. (3) The rehabilitation, repair, or redevelopment of dwelling units located in the upper story of an existing multi-use building. (4) The new construction, rehabilitation, repair, or redevelopment of dwelling units in a distressed workforce housing community. The authority will determine whether a community is considered a distressed workforce housing community pursuant to subrule 48.4(2). (5) For a project located in a small city that meets the minimum housing project requirements under this subrule, development at a greenfield site. A project located in a small city is not required to complete the distressed workforce housing community application pursuant to subrule 48.4(2). ITEM 5. Amend paragraph 48.4(1)"c" as follows: c. (1) Except as provided in subparagraphsubparagraphs (2)and (3) below, the average dwelling unit cost does not exceed $200,000 per dwelling unit. For purposes of this rule, the average dwelling unit cost equals the costs directly related to the housing project divided by the total number of dwelling units in the housing project. (2) The average dwelling unit cost does not exceed $250,000 per dwelling unit if the project involves the rehabilitation, repair, redevelopment, or preservation of eligible property, as that term is defined in Iowa Code section 404A.1(2).404A.1(8)“a.” (3) The average dwelling unit cost does not exceed $215,000 per dwelling unit if the project is located in a small city. ITEM 6. Amend paragraph 48.5(1)"a" as follows: a. A housing business seeking workforce housing tax incentives provided in rule 261—48.6(15) shall make application to the authority in the manner prescribed in this rule. The authority willmay accept applications on a continuous basis and will review applications in the order received.If the total amount of registered projects exceeds the available fiscal year allocation, the authority may stop accepting applications until the registered projects on the wait list have been awarded tax incentives. The authority will acknowledge receipt of the application and notify the applicant within 30 days as to whether the project will be registered pursuant to this rule. ITEM 7. Amend paragraph 48.6(3)"a" as follows: a. A housing business may claim a tax credit in an amount not to exceedthe following: (1) For a housing project not located in a small city, 10 percent of the qualifying new investment of a housing project. (2) For a housing project located in a small city, 20 percent of the qualifying new investment of a housing project. ITEM 8. Amend 261—Chapter 48, implementation sentence, as follows: These rules are intended to implement 2014 Iowa Acts, House File 2448Iowa Code section 15.356.ARC 3378CEconomic Development Authority[261]Notice of Intended ActionTwenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)“b.”
Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.
Pursuant to the authority of Iowa Code section 15.106A and section 15.108, subsection 7, as amended by 2017 Iowa Acts, House File 621, division II, the Economic Development Authority hereby gives Notice of Intended Action to adopt new Chapter 52, “Iowa Targeted Small Business Certification Program,” Iowa Administrative Code. The proposed amendment creates a new chapter governing the administration of the Iowa Targeted Small Business Certification Program. The program was previously administered by the Department of Inspections and Appeals, but was transferred to the Economic Development Authority by 2017 Iowa Acts, House File 621, division II. The proposed new chapter provides for the administration of the program by the Authority and governs definitions, eligibility requirements, the application and certification processes, and other requirements for certification of targeted small businesses. The Economic Development Authority Board approved these rules at its meeting on September 22, 2017. Interested persons may submit comments on or before October 31, 2017. Comments may be submitted to Jennifer Klein, Economic Development Authority, 200 East Grand Avenue, Des Moines, Iowa 50309; telephone number (515)725-3124; email Jennifer.Klein@iowaeda.com. This amendment does not have any fiscal impact to the state of Iowa. After analysis and review of this rule making, no impact on jobs has been found. This amendment is intended to implement Iowa Code section 15.108, subsection 7, as amended by 2017 Iowa Acts, House File 621, division II. The following amendment is proposed.
ITEM 1. Adopt the following new 261—Chapter 52: CHAPTER 52IOWA TARGETED SMALL BUSINESS CERTIFICATION PROGRAM261—52.1(15) Definitions. "Authority" means the economic development authority created in Iowa Code section 15.105. "Certification" means the process which identifies small businesses as targeted and eligible for technical assistance. "Contractor" means the person who contracts to perform work for the state. "Cottage industry" means a business where the principal place of business is the owner’s residence. "Disability" means as defined in Iowa Code section 15.102(10)“b.” "Family" means a group of related people as follows: father, mother, son, daughter, brother, sister, husband, wife, grandmother, grandfather, grandchildren, stepfather, stepmother, stepdaughter, stepson, stepbrother, stepsister, half-sister, or half-brother. "Family-owned business" means a business owned by more than one member of one family. Characteristics of a family-owned business include, but are not limited to:- Ownership is shared by family members;
- Profits are disbursed among family members;
- A business tax return is filed in the name of the company with the family members listed as officers.
- Is located in this state;
- Is operated for profit;
- Has an annual gross income of less than $4 million, computed as an average of the three preceding fiscal years.
Twenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)“b.”
Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.
Pursuant to the authority of Iowa Code section 256.7(5), the State Board of Education hereby proposes to rescind Chapter 32, “High School Equivalency Diploma,” Iowa Administrative Code, and to adopt a new Chapter 32 with the same title. Iowa Code chapter 259A, high school equivalency diplomas, was substantially amended by 2017 Iowa Acts, House File 473. House File 473 grants the Department of Education authority to establish frameworks for additional pathways for completion of a high school equivalency diploma. The proposed new Chapter 32 outlines these pathways. The traditional test-based high school equivalency diploma is maintained in rule 281—32.7(259A). Rules 281—32.8(259A), 281—32.9(259A), and 281—32.10(259A) establish new pathways based on the accumulation of postsecondary credit and completion of postsecondary credentials equal to or beyond an associate degree from regionally accredited or internationally recognized postsecondary institutions. This proposed amendment reflects the statutory changes. An agencywide waiver provision is provided in 281—Chapter 4. Interested individuals may make written comments on the proposed amendment on or before October 31, 2017, at 4:30 p.m. Comments on the proposed amendment should be directed to Phil Wise, Department of Education, Second Floor, Grimes State Office Building, Des Moines, Iowa 50319-0146; telephone (515)281-4835; e-mail phil.wise@iowa.gov; or fax (515)242-5988. A public hearing will be held on October 31, 2017, from 10 to 11 a.m. in the State Board Room, Second Floor, Grimes State Office Building, East 14th Street and Grand Avenue, Des Moines, Iowa, at which time persons may present their views either orally or in writing. Any person who intends to attend the public hearing and has special requirements, such as those related to hearing or mobility impairments, should contact the Department of Education and advise of specific needs by calling (515)281-5295. After analysis and review of this rule making, no impact on jobs has been found. This amendment is intended to implement Iowa Code chapter 259A as amended by 2017 Iowa Acts, House File 473. The following amendment is proposed.
ITEM 1. Rescind 281—Chapter 32 and adopt the following new chapter in lieu thereof: CHAPTER 32HIGH SCHOOL EQUIVALENCY DIPLOMA281—32.1(259A) Purpose. The department may issue a high school equivalency diploma to a person who presents satisfactory evidence of having completed an approved high school course of study aligned with standards established by the state board of education by which high school graduation equivalency may be determined. The purpose of the high school equivalency diploma is to provide a credential to adults who have not graduated from high school and are unable to receive a high school diploma through traditional means but who are able to demonstrate attainment of knowledge, skills, and abilities that are equivalent to those that would be attained in a high school program of study. This chapter is intended to implement the provisions of Iowa Code chapter 259A as amended by 2017 Iowa Acts, House File 473.281—32.2(259A) Definitions. As used in this chapter: "Adult education and literacy program" means the same as defined in rule 281—23.1(260C). "Approved program" means any defined option established under this chapter for the completion of a high school equivalency diploma that has been approved by the department. "Approved test" means the entire battery of subtests given under a high school equivalency test adopted by the department and administered at department-approved testing sites. "Contact hour" means the same as defined in 281—subrule 21.2(12). "Continuous enrollment" means a participant has not exited from the approved program as defined in the federal Workforce Innovation and Opportunity Act (WIOA 34 CFR 361.150(c)) or subsequent federal workforce training and adult education legislation. "Demonstrated competence" means the ability to apply the knowledge and skills required to perform critical functions specific to a program of study. Competencies that measure the attainment of the knowledge, skills, and abilities equivalent to a high school program of study shall be aligned with content standards for adult education as referenced in 281—paragraph 23.7(1)“c” and twenty-first century learning skills. "Department" means the Iowa department of education. "Eligible institution" means an entity as defined in 281—subrule 23.3(1). "High school credit" means credit awarded for the successful completion of a secondary course or demonstrated competence equivalent to one-half Carnegie unit as defined in 281—subrule 12.5(14). "High school equivalency diploma" means the credential granted by the department to adults who did not graduate from high school and are unable to receive a high school diploma through traditional means but who are able to demonstrate attainment of the knowledge, skills, and abilities that are equivalent to those that would be attained in a high school program of study. "Resident" means an individual who satisfies the requirements of 281—subrule 21.2(11). "Twenty-first century learning skills" means the same as defined in 281—subrule 12.5(17). "Work-site learning" means a planned and supervised work experience, equivalent to the training services defined in the federal Workforce Innovation and Opportunity Act, Section 134(c)(3)(D), or subsequent federal workforce training and adult education legislation, that is in compliance with workplace laws and regulations, including the minimum wage requirements prescribed by Iowa law or the federal Fair Labor Standards Act, if applicable.281—32.3(259A) Eligibility to participate. 32.3(1) Minimum age. No one under 16 years and 9 months of age is allowed to participate in an approved program, with the exception of a person who is at least 16 years of age and satisfies one or more of the following conditions: a. Is a resident of an Iowa juvenile institution; b. Is an active participant in Job Corps; or c. Is under the supervision of a probation office. 32.3(2) Anyone 16 years and 9 months of age or older who is not enrolled in a secondary school nor is a high school graduate is permitted to apply for enrollment in an approved program. The requirements for admission into an approved program are: a. Proof of age and, for an applicant under 18 years of age, consent of the applicant’s parent or guardian. b. For an applicant under 19 years of age, verification of nonenrolled status from the last high school attended. c. Completion of a comprehensive intake by an eligible institution. For purposes of this chapter, the intake must include all of the following: (1) Assessment of the applicant’s reading level and career interests and aptitudes. (2) Discussion of program options available to the applicant regarding completion of a high school equivalency diploma, to include the requirements, expectations, benefits, and limitations of each option. (3) Development of a plan for the completion of one of the options discussed and subsequent activities necessary to work toward an identified goal, career pathway, occupation, or further education. 32.3(3) An eligible participant who successfully completes an approved program will not be awarded a high school equivalency diploma until the participant reaches 18 years of age and the participant’s ninth grade class has graduated from high school. 281—32.4(259A) By whom administered. An approved program shall be administered by an eligible institution. An eligible institution may provide one or more approved programs. The department shall maintain a process by which an eligible institution may submit an application to offer an approved program. 281—32.5(259A) Diploma, transcript, verification fees. Upon payment to the department or its designee of a fee for the actual cost of production and distribution of a high school equivalency diploma, transcript, or verification letter not to exceed $10 per document, the department shall issue a high school equivalency diploma, transcript, or verification letter to an applicant who has achieved the minimum standards established in this chapter. Upon payment to the department or its designee of a fee for the actual cost of verification and issuance of a duplicate diploma, transcript, and verification letter not to exceed $15, the department or its designee shall issue a duplicate diploma, transcript, or provide verification to the applicant or person authorized by the applicant to request these documents. Approved providers must track and submit to the department evidence of the applicant’s completion of the program requirements for the issuance of a high school equivalency diploma.281—32.6(259A) Application, course, and testing fees. The applicant or the applicant’s supporting agency shall pay an application, course, or testing fee to cover only necessary and reasonable testing or program costs. Fees paid directly to an approved program are considered program income and shall adhere to the federal Office for Management and Budget Uniform Guidance cost principles, as codified in 2 CFR Section 200.80. 281—32.7(259A) High school equivalency diploma program based on a department-approved test. The department shall award a high school equivalency diploma to an applicant who achieves the appropriate minimum standard scores on an approved test. 32.7(1) Validity of test scores. Scores on an approved test shall remain valid for a period of five years from the date of the first subtest taken. If an applicant has not earned a high school equivalency diploma within this five-year period, the applicant must retake any expired subtest. The only exception is for test series that expire prior to the five-year period, in which case all previously taken subtests are void and must be retaken. 32.7(2) Retest. Any applicant not achieving the minimum standard test score on any subtest in effect at the time of testing shall be permitted to apply for retest. Applicants may retest twice per calendar year, provided one of the following conditions is met: a. A period of three months from the date of initial testing has elapsed; or b. The applicant completes instruction in an adult education and literacy program in each subject area to be retested. This instruction shall be certified by an official of the adult education and literacy program provider to the test administrator authorized to release the retest. 281—32.8(259A) High school equivalency diploma program based on attainment of high school credits. The department shall award a high school equivalency diploma to an applicant who demonstrates completion of an approved program consisting of at least 36 high school credits. The approved program shall be inclusive of the graduation requirements established under 281—subrule 12.5(5) and consist of at least eight high school credits in English or communications; six credits in mathematics; six credits in science; six credits in social studies, including government; and ten elective credits that meet the requirements of subrule 32.8(4). 32.8(1) Award of prior credit. The applicant shall provide certified, translated transcripts from any Iowa school district, accredited public or nonpublic high school, or regionally accredited college or university to document completion of credits earned that are equivalent to those required in an approved program established under this rule. Additional documentation may be requested to validate credits earned. 32.8(2) Minimum participation requirement. An eligible applicant must demonstrate competence through continuous enrollment in an approved program for a minimum of two high school credits. 32.8(3) Minimum graduation requirements. If the applicant is not continuously enrolled in an approved program, the applicant will become subject to the minimum graduation requirements applicable to the date of reenrollment. 32.8(4) Electives. a. Coursework for electives shall align with twenty-first century learning skills and be classified in one of the following five areas: (1) Civic literacy; (2) Health literacy; (3) Technology literacy; (4) Financial literacy; (5) Employability skills. b. Work-site learning may be counted toward an elective, under the following conditions: (1) Evidence of prior work-site learning shall be evaluated using a state-developed assessment tool and may be awarded a maximum of two high school credits. Credit earned for prior work-site learning shall not be counted toward the minimum participation requirement, as defined in subrule 32.8(2). (2) Current work-site learning shall be evaluated using a state-developed assessment tool and may be awarded a maximum of two high school credits. Credit earned for current work-site learning may be counted toward the minimum participation requirement, as described in subrule 32.8(2). 32.8(5) Postsecondary credit. Credit awarded by a regionally accredited postsecondary institution for the successful completion of a course that applies toward the requirements of a postsecondary credential, including but not limited to a certificate, diploma, or associate, bachelor, or graduate-level degree program, shall be accepted to fulfill the requirements for the satisfactory completion of a program as follows: a. One postsecondary semester credit or its equivalent shall be equal to one-third high school credit. The resulting high school credit can be used to satisfy either a core or elective credit requirement of an approved program. b. Twenty contact hours of noncredit postsecondary coursework shall be equal to one-third high school credit provided the coursework is aligned to regional career pathways and occupational needs. This credit can be used to satisfy an elective credit requirement of an approved program.281—32.9(259A) High school equivalency diploma program based on postsecondary degree. The department shall award a high school equivalency diploma to a resident applicant who presents an associate degree or higher that includes general education coursework and is awarded by a regionally accredited postsecondary institution. The applicant must provide official transcripts to an adult education and literacy program to document completion of program requirements.281—32.10(259A) High school equivalency diploma program based on foreign postsecondary degree. The department shall award a high school equivalency diploma to a resident applicant who presents a postsecondary degree equivalent to an associate degree or higher, provided that the following conditions are met: 32.10(1) The applicant presents to an adult education and literacy program an official transcript from an institution of higher education attesting to the completion of the program of study required for the postsecondary degree. If the transcript is not in English, the applicant shall also provide a certified translation. 32.10(2) The applicant shall be a United States citizen or shall meet both of the following requirements: a. Demonstrates proficiency in speaking, listening, reading, and writing as defined by the department’s approved English language proficiency standards; and b. Has successfully completed a course in government or civics education as a component of an approved program. These rules are intended to implement Iowa Code chapter 259A as amended by 2017 Iowa Acts, House File 473.ARC 3364CEducation Department[281]Notice of Intended ActionTwenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)“b.”
Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.
Pursuant to the authority of Iowa Code section 256.7(5), the State Board of Education hereby proposes to amend Chapter 36, “Extracurricular Interscholastic Competition,” Iowa Administrative Code. This proposed amendment incorporates changes to the McKinney-Vento Homeless Assistance Act (42 U.S.C. § 11431, et seq.), as reauthorized in December 2015 by the Every Student Succeeds Act (ESSA). Changes as a result of ESSA include modifying the requirements of the State Plan to include procedures that ensure that homeless students do not face barriers to accessing extracurricular activities because of their homelessness. As a result of these changes, subrule 36.15(3) is being amended to ensure that homeless students are provided an exception to the 90 consecutive school days of ineligibility under the General Transfer Rule if they are determined to meet the definition of a homeless child or youth under McKinney-Vento as determined by the attending district. An agencywide waiver provision is provided in 281—Chapter 4. Interested individuals may make written comments on the proposed amendment on or before October 31, 2017, at 4:30 p.m. Comments on the proposed amendment should be directed to Nicole Proesch, Iowa Department of Education, Second Floor, Grimes State Office Building, Des Moines, Iowa 50319-0146; telephone (515)281-8661; e-mail nicole.proesch@iowa.gov; or fax (515)242-5988. A public hearing will be held on October 31, 2017, from 9 to 10 a.m. in the State Board Room, Second Floor, Grimes State Office Building, East 14th Street and Grand Avenue, Des Moines, Iowa, at which time persons may present their views either orally or in writing. Any person who intends to attend the public hearing and has special requirements, such as those related to hearing or mobility impairments, should contact the Department of Education and advise of specific needs by calling (515)281-5295. After analysis and review of this rule making, no impact on jobs has been found. This amendment is intended to implement the provisions of the McKinney-Vento Homeless Assistance Act (42 U.S.C. § 11431, et seq.), as reauthorized in December 2015 by the Every Student Succeeds Act (ESSA). The following amendment is proposed.
ITEM 1. Amend subrule 36.15(3) as follows: 36.15(3) General transfer rule. A student who transfers from a school in another state or country or from one member or associate member school to another member or associate member school shall be ineligible to compete in interscholastic athletics for a period of 90 consecutive school days, as defined in rule 281—12.1(256), exclusive of summer enrollment, unless one of the exceptions listed in paragraph 36.15(3)“a” applies. The period of ineligibility applies only to varsity level contests and competitions. (“Varsity” means the highest level of competition offered by one school or school district against the highest level of competition offered by an opposing school or school district.) In ruling upon the eligibility of transfer students, the executive board shall consider the factors motivating student changes in residency. Unless otherwise provided in these rules, a student intending to establish residency must show that the student is physically present in the district for the purpose of making a home and not solely for school or athletic purposes. a. Exceptions. The executive officer or executive board shall consider and apply the following exceptions in formally or informally ruling upon the eligibility of a transfer student and may make eligibility contingent upon proof that the student has been in attendance in the new school for at least ten school days: (1) Upon a contemporaneous change in parental residence, a student is immediately eligible if the student transfers to the new district of residence or to an accredited nonpublic member or associate member school located in the new school district of residence. In addition, if with a contemporaneous change in parental residence, the student had attended an accredited nonpublic member or associate member school immediately prior to the change in parental residence, the student may have immediate eligibility if the student transfers to another accredited nonpublic member or associate member school. (2) If the student is attending in a school district as a result of a whole-grade sharing agreement between the student’s resident district and the new school district of attendance, the student is immediately eligible. (3) A student who has attended high school in a district other than where the student’s parent(s) resides, and who subsequently returns to live with the student’s parent(s), becomes immediately eligible in the parent’s resident district. (4) Pursuant to Iowa Code section 256.46, a student whose residence changes due to any of the following circumstances is immediately eligible provided the student meets all other eligibility requirements in these rules and those set by the school of attendance:- Adoption.
- Placement in foster or shelter care.
- Participation in a foreign exchange program, as evidenced by a J-1 visa issued by the United States government, unless the student attends the school primarily for athletic purposes.
- Placement in a juvenile correction facility.
- Participation in a substance abuse program.
- Participation in a mental health program.
- Court decree that the student is a ward of the state or of the court.
- The child is living with one of the child’s parents as a result of divorce, separation, death, or other change in the child’s parents’ marital relationship, or pursuant to other court-ordered decree or order of custody.
Twenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)“b.”
Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.
Pursuant to the authority of Iowa Code section 249A.4 and 2017 Iowa Acts, House File 393, sections 6 and 7, the Department of Human Services hereby gives Notice of Intended Action to amend Chapter 74, “Iowa Health and Wellness Plan,” Iowa Administrative Code. These proposed amendments change the definition of “medical home” and add definitions of “personal provider,” “primary care provider” and “primary medical provider” to rules pertaining to the Iowa Health and Wellness Program (IHAWP). The clarification of these terms will allow Iowa Health and Wellness members to access a personal provider who will be able to coordinate care to meet the member’s medical needs. Any interested person may make written comments on the proposed amendments on or before October 31, 2017. 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. Comments may be sent by fax to (515)281-4980 or by e-mail to policyanalysis@dhs.state.ia.us. These amendments do not provide for waivers in specified situations because requests for the waiver of any rule may be submitted under the Department’s general rule on exceptions at 441—1.8(17A,217). After analysis and review of this rule making, no impact on jobs has been found. These amendments are intended to implement Iowa Code section 249A.4 and 2017 Iowa Acts, House File 393, sections 6 and 7. The following amendments are proposed.
ITEM 1. Amend rule 441—74.1(249A,85GA,SF446), definition of “Medical home,” as follows: "Medical home" means a provider contracted with the department through Form 470-5177, Agreement for Participation as a Patient Manager in the Iowa Health and Wellness Plan (Wellness Plan).team approach to providing health care that originates in a primary care setting; fosters a partnership among the patient, the personal provider, and other health care professionals, and where appropriate, the patient’s family; utilizes the partnership to access and integrate all medical and nonmedical health-related services across all elements of the health care system and the patient’s community as needed by the patient and the patient’s family to achieve maximum health potential; maintains a centralized, comprehensive record of all health-related services to promote continuity of care; and has all of the following characteristics:- A personal provider.
- A provider-directed team-based medical practice.
- Whole person orientation.
- Coordination and integration of care.
- Quality and safety.
- Enhanced access to health care.
- A payment system that appropriately recognizes the added value provided to patients who have a patient-centered medical home.
- A physician who is a family or general practitioner, a pediatrician, an internist, an obstetrician, or a gynecologist.
- An advanced registered nurse practitioner.
- A physician assistant.
- A chiropractor.
Twenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)“b.”
Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.
Pursuant to the authority of Iowa Code section 249A.4 and 2017 Iowa Acts, House File 653, section 12(15)(c), the Department of Human Services hereby gives Notice of Intended Action to amend Chapter 74, “Iowa Health and Wellness Plan,” Chapter 75, “Conditions of Eligibility,” and Chapter 76, “Enrollment and Reenrollment,” Iowa Administrative Code. These proposed amendments eliminate the three-month retroactive Medicaid coverage benefit provisions for initial applications and applications to add new household members. Pursuant to 2017 Iowa Acts, House File 653, as passed during the 87th Session of the General Assembly, the Department requested a waiver from the Centers for Medicare and Medicaid services of the U.S. Department of Health and Human Services to eliminate the retroactivity provisions. Upon federal approval, elimination of three-month retroactive eligibility for Medicaid applicants begins on October 1, 2017. Any interested person may make written comments on the proposed amendments on or before October 31, 2017. 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. Comments may be sent by fax to (515)281-4980 or by e-mail to policyanalysis@dhs.state.ia.us. These amendments do not provide for waivers in specified situations because requests for the waiver of any rule may be submitted under the Department’s general rule on exceptions at 441—1.8(17A,217). These amendments were also Adopted and Filed Emergency and are published herein as ARC 3353C. The purpose of this Notice of Intended Action is to solicit public comments on that submission, the subject matter of which is incorporated by reference. After analysis and review of this rule making, it was determined that Medicaid providers may experience financial loss due to nonpayment of unpaid medical bills incurred in the three months prior to a Medicaid applicant’s filing of an application. These amendments are intended to implement Iowa Code section 249A.4 and 2017 Iowa Acts, House File 653, section 12(15)(a)(7).
ARC 3356CHuman Services Department[441]Notice of Intended ActionTwenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)“b.”
Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.
Pursuant to the authority of Iowa Code section 249A.4 and 2017 Iowa Acts, House File 653, section 91, the Department of Human Services hereby gives Notice of Intended Action to amend Chapter 75, “Conditions of Eligibility,” and Chapter 76, “Enrollment and Reenrollment,” Iowa Administrative Code. These proposed amendments remove references to medical assistance for Family Planning Services, which refers to Medicaid under the Family Planning Network waiver. The state of Iowa will no longer provide Medicaid under the Family Planning Network waiver. The state of Iowa will continue to provide family planning services through the new state-funded Family Planning Program (FPP) pursuant to 2017 Iowa Acts, House File 653, section 90, as passed during the 87th Session of the General Assembly. Administrative rules for the new FPP will be covered in 441—Chapter 87. Any interested person may make written comments on the proposed amendments on or before October 31, 2017. 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. Comments may be sent by fax to (515)281-4980 or by e-mail to policyanalysis@dhs.state.ia.us. These amendments do not provide for waivers in specified situations because requests for the waiver of any rule may be submitted under the Department’s general rule on exceptions at 441—1.8(17A,217). These amendments were also Adopted and Filed Emergency and are published herein as ARC 3354C. The purpose of this Notice of Intended Action is to solicit public comments on that submission, the subject matter of which is incorporated by reference. After analysis and review of this rule making, providers of family planning services may see an increase or decrease in staffing needs based on the number of individuals seeking family planning services from the providers’ agencies. These amendments are intended to implement Iowa Code section 249A.4 and 2017 Iowa Acts, House File 653, section 91.
ARC 3374CHuman Services Department[441]Notice of Intended ActionTwenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)“b.”
Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.
Pursuant to the authority of Iowa Code section 249A.4, the Department of Human Services hereby gives Notice of Intended Action to amend Chapter 78, “Amount, Duration and Scope of Medical and Remedial Services,” Iowa Administrative Code. These proposed amendments revise the language used to describe the home- and community-based services (HCBS) home-delivered meal benefit in order to provide greater clarity regarding how the benefit is to be administered. These amendments will assist the Department in ensuring that delivery of excess meals is curtailed. These amendments provide a greater understanding to meal providers regarding the definition of service for HCBS home-delivered meals. This improved understanding will in turn assist in curtailing the delivery of meals considered to be outside of the benefit. A member will still have the ability to receive up to two meals per day if that number of meals is authorized in the member’s individualized service plan. Any interested person may make written comments on the proposed amendments on or before October 31, 2017. 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. Comments may be sent by fax to (515)281-4980 or by e-mail to policyanalysis@dhs.state.ia.us. These amendments do not provide for waivers in specified situations because requests for the waiver of any rule may be submitted under the Department’s general rule on exceptions at 441—1.8(17A,217). After analysis and review of this rule making, no impact on jobs has been found. These amendments are intended to implement Iowa Code section 249A.4. The following amendments are proposed.
ITEM 1. Amend subrule 78.34(11) as follows: 78.34(11) Home-delivered meals. Home-delivered meals are meals prepared elsewhere and delivered to a member at the member’s residence. a. Each meal shall ensure the member receives a minimum of one-third of the daily recommended dietary allowance as established by the Food and Nutrition Board of the National Research Council of the National Academy of Sciences. The meal may also be a liquid supplement that meets the minimum one-third standard. b. When a restaurant provides the home-delivered meal, the member is required to have a nutritional consultation. The nutritional consultation includes contact with the restaurant to explain the dietary needs of the member and what constitutes the minimum one-third daily dietary allowance. c. A maximum of two meals is allowed per day. A unit of service is a meal(morning, noon, evening, or liquid supplement).Any maximum combination of any two meals (morning, noon, evening, or liquid supplement) is allowed per day. Duplication of a meal in any one day is not allowed. The number of approved meals (morning, noon, evening, or liquid supplement) is contained in the member’s service plan. d. The number of meals delivered for any morning, noon, evening, or liquid supplement meal cannot exceed the number of calendar days in a calendar month; nor can the number of delivered meals exceed the number of authorized days in a month. Meals billed in excess of the calendar days in a calendar month and those billed in excess of the number of authorized days in a month are subject to recoupment or denial of payment. ITEM 2. Amend subrule 78.37(8) as follows: 78.37(8) Home-delivered meals. Home-delivered meals are meals prepared elsewhere and delivered to a member at the member’s residence. a. Each meal shall ensure the member receives a minimum of one-third of the daily recommended dietary allowance as established by the Food and Nutrition Board of the National Research Council of the National Academy of Sciences. The meal may also be a liquid supplement which meets the minimum one-third standard. b. When a restaurant provides the home-delivered meal, the member is required to have a nutritional consultation. The nutritional consultation includes contact with the restaurant to explain the dietary needs of the member and what constitutes the minimum one-third daily dietary allowance. c. A maximum of two meals is allowed per day. A unit of service is a meal(morning, noon, evening, or liquid supplement).Any maximum combination of any two meals (morning, noon, evening, or liquid supplement) is allowed per day. Duplication of a meal in any one day is not allowed. The number of approved meals (morning, noon, evening, or liquid supplement) is contained in the member’s service plan. d. The number of meals delivered for any morning, noon, evening, or liquid supplement meal cannot exceed the number of calendar days in a calendar month; nor can the number of delivered meals exceed the number of authorized days in a month. Meals billed in excess of the calendar days in a calendar month and those billed in excess of the number of authorized days in a month are subject to recoupment or denial of payment. ITEM 3. Amend subrule 78.38(6) as follows: 78.38(6) Home-delivered meals. Home-delivered meals are meals prepared elsewhere and delivered to a member at the member’s residence. a. Each meal shall ensure the member receives a minimum of one-third of the daily recommended dietary allowance as established by the Food and Nutrition Board of the National Research Council of the National Academy of Sciences. The meal may also be a liquid supplement which meets the minimum one-third standard. b. When a restaurant provides the home-delivered meal, the member is required to have a nutritional consultation. The nutritional consultation includes contact with the restaurant to explain the dietary needs of the member and what constitutes the minimum one-third daily dietary allowance. c. A maximum of two meals is allowed per day. A unit of service is a meal(morning, noon, evening, or liquid supplement).Any maximum combination of any two meals (morning, noon, evening, or liquid supplement) is allowed per day. Duplication of a meal in any one day is not allowed. The number of approved meals (morning, noon, evening, or liquid supplement) is contained in the member’s service plan. d. The number of meals delivered for any morning, noon, evening, or liquid supplement meal cannot exceed the number of calendar days in a calendar month; nor can the number of delivered meals exceed the number of authorized days in a month. Meals billed in excess of the calendar days in a calendar month and those billed in excess of the number of authorized days in a month are subject to recoupment or denial of payment.ARC 3357CHuman Services Department[441]Notice of Intended ActionTwenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)“b.”
Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.
Pursuant to the authority of Iowa Code section 249A.4 and 2017 Iowa Acts, House File 653, section 93, the Department of Human Services hereby gives Notice of Intended Action to amend Chapter 79, “Other Policies Relating to Providers of Medical and Remedial Care,” Iowa Administrative Code. These proposed amendments allow Medicaid providers, in addition to providing narrative documentation, to provide narrative documentation of service in a checkbox form format. This change is being made to assist Medicaid providers to have a consistent interpretation of the documentation requirements for services provided. Any interested person may make written comments on the proposed amendments on or before October 31, 2017. 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. Comments may be sent by fax to (515)281-4980 or by e-mail to policyanalysis@dhs.state.ia.us. These amendments do not provide for waivers in specified situations because requests for the waiver of any rule may be submitted under the Department’s general rule on exceptions at 441—1.8(17A,217). These amendments were also Adopted and Filed Emergency and are published herein as ARC 3358C. The purpose of this Notice of Intended Action is to solicit public comment on that submission, the subject matter of which is incorporated by reference. After analysis and review of this rule making, no impact on jobs has been found. These amendments are intended to implement Iowa Code section 249A.4 and 2017 Iowa Acts, House File 653, section 93.
ARC 3348CInsurance Division[191]Notice of Intended ActionTwenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)“b.”
Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.
Pursuant to the authority of Iowa Code chapters 505, 513C, and 514E, the Insurance Division gives Notice of Intended Action to amend Chapter 82, “Iowa Stopgap Measure,” Iowa Administrative Code. These proposed rules augment the rules adopted as Chapter 82 on August 4, 2017 (see ARC 3281C, IAB 8/30/17). Chapter 82 primarily allows for implementation of the Iowa Stopgap Measure that has been developed by the Insurance Division upon request by the Governor. The Iowa Stopgap Measure is intended to provide an innovative solution to temporarily stabilize Iowa’s individual health insurance market. The Iowa Stopgap Measure was first submitted by the Insurance Division on June 7, 2017, to the Centers for Medicare and Medicaid Services (CMS) as a waiver application under Section 1332 of the Patient Protection and Affordable Care Act (ACA) (42 U.S.C. Section 18052). The Insurance Division worked with CMS to develop the waiver application and submitted the application on August 21, 2017. The instability of Iowa’s individual ACA-compliant market was first marked with the liquidation of CoOportunity Health, Inc., which began with an order of rehabilitation on December 23, 2014, and the market has seen continued instability. On April 25, 2016, UnitedHealthcare notified the Insurance Division that it will not offer individual ACA-compliant plans in 2017. Then, on March 30, 2017, Wellmark, Inc. and Wellmark Health Plan of Iowa, Inc. notified the Insurance Division that they will not offer individual ACA-compliant plans in 2018. On April 6, 2017, Aetna, Inc. notified the Insurance Division that it will not offer individual ACA-compliant plans in 2018. Finally, before Iowa’s rate filing deadline, June 19, 2017, Wellmark Value Health, Wellmark Synergy Health and Gundersen Health Plan, Inc. informed the Insurance Division that they will not offer individual ACA-compliant plans in 2018. On June 19, 2017, Medica, a Minnesota-based health insurance company that first sold individual health insurance policies in Iowa in 2016, filed ACA-compliant plans for approval by the Insurance Division to be available on the ACA-compliant individual health insurance marketplace in 2018 in all of Iowa’s 99 counties. The premium rates that Medica filed with the Insurance Division have an average increase of 43.5 percent over Medica’s 2017 rates. No other carriers filed rates for the ACA-compliant individual health insurance marketplace for 2018. The premium rates filed by Medica will drive healthier, younger, and middle-aged individuals out of the market, which will sink Iowa’s market further into collapse. This dramatic proposed premium rate increase will mean that, for some consumers, premiums will increase almost 100 percent from their current 2017 premium rates. It is likely that many individuals who are not currently receiving federal subsidies (those whose household income is above 400 percent of federal poverty level) will be unable to afford the cost of the Medica rates as filed and thus will drop from the market. The Insurance Division estimates that the health insurance premium costs for a family of four with a total household income at this federal poverty level (which is approximately $98,000) would be almost $24,000 under the rates filed by Medica for 2018. These rates simply are not affordable for a working class family or small business owner. It is plausible that individuals could refuse a promotion, quit a primary or secondary job, or take other steps to lower their household income in order to be eligible for federal subsidies. These rates will directly impact the ability of small business owners, the majority of whom participate in the individual commercial health insurance market, to continue to sustain and grow their own businesses. Governor Kim Reynolds asked the Insurance Division to develop a solution to provide temporary stability to the individual health insurance market and ensure that the approximately 72,000 Iowans currently covered through the individual health insurance market would have coverage options for 2018. The Insurance Division, in response to its directive from the Governor and under the authority of Iowa Code chapters 505, 513C and 514E, developed the Iowa Stopgap Measure as a proposed Section 1332 application to CMS and the Department of the Treasury to waive certain provisions of the ACA. The federal government, through CMS and the Department of the Treasury, has the authority under Section 1332 of the ACA to grant to a state a waiver to implement innovative strategies to provide the state’s residents with access to high-quality, affordable health coverage. These waivers allow states to implement innovative ways to provide access to quality health care that: (1) are at least as comprehensive and affordable as would be provided absent a waiver; (2) provide coverage to a comparable number of residents of the state as would be provided coverage absent a waiver; and (3) do not increase the federal deficit. The Iowa Stopgap Measure is designed to facilitate the implementation of a reinsurance program; a per-member, per-month premium credit mechanism; and a standardized health benefits plan to be offered to all eligible Iowa consumers for the plan year 2018. Iowa’s waiver application asks CMS to use the Insurance Division and the existing Iowa Individual Health Benefit Reinsurance Association (IIHBRA) as administrators of a pass-through of the federal funding that would be allocated to Iowa consumers via the existing Advanced Premium Tax Credit (APTC) and Cost-Sharing Reduction (CSR) funding under the ACA to be used by Iowa for a reinsurance program and per-member, per-month premium credits. That is, federal funds allocated by CMS would be paid to the Insurance Division or IIHBRA, and the Insurance Division would, in compliance with the Iowa Stopgap Measure, disburse the funds accordingly. The Insurance Division intends that this program will be completely funded by the federal funds allocated to Iowa. The Insurance Division worked diligently with CMS to develop and finalize the waiver application, which was submitted August 21, 2017 (the full application is available here: https://iid.iowa.gov/iowa-stopgap-measure). The Insurance Division developed the Iowa Stopgap Measure, with advice and support from several insurance companies and other entities, to establish conditions which would support reentry of insurance carriers into the individual health insurance market and at rates that are affordable to consumers. The Iowa Stopgap Measure has three primary means of doing this. First, it implements a reinsurance program under the IIHBRA to support the costs associated with consumers enrolled in the Iowa Stopgap Measure who have annual claims costs of over $100,000. Providing support for these high-cost claimants will help the carriers keep monthly premium rates down for all consumers under the Iowa Stopgap Measure. Second, the Iowa Stopgap Measure will replace the current premium subsidy structure with a per-member, per-month premium credit that will be available for all eligible Iowa consumers based on their age and income. These credits will be paid directly to the carriers via funds paid by the federal government and passed through the Insurance Division or the Iowa Comprehensive Health Association (HIPIOWA), and are intended to keep monthly costs low to entice young and healthy individuals back into the individual health insurance marketplace. Third, the Iowa Stopgap Measure would allow for a single, standard health benefits plan to be offered to all eligible Iowa consumers for the plan year 2018. Having a single, standard health benefits plan that provides coverage for all of the essential health benefits defined by the ACA as well as all Iowa-mandated benefits ensures that consumers will be able to purchase coverage as comprehensive as that which is currently offered in the individual health insurance marketplace. The use of a single plan also provides administrative simplicity which, given the implementation timeline, is critical to entice health insurance carriers back to the individual health insurance marketplace. The Insurance Division made its proposal for the Iowa Stopgap Measure public on June 12, 2017, opened a formal public and tribal comment period on July 13, 2017, and accepted public comments on the Iowa Stopgap Measure in writing by mail and through a Web form through August 16, 2017. These materials are all available on the Insurance Division’s Web site at https://iid.iowa.gov/press-releases/iowa-seeks-federal-approval-of-health-insurance-stopgap-measure and https://iid.iowa.gov/press-releases/notice-of-public-hearings-for-iowa-stopgap-measure. As part of the formal public comment period, the Insurance Division held four public hearings on the Iowa Stopgap Measure: Council Bluffs on July 19, 2017; Des Moines on August 2 and 14, 2017; and Cedar Rapids on August 10, 2017. As the Iowa Stopgap Measure, upon approval by CMS, would utilize federal funding that would be allocated to Iowa consumers via the premium tax credit mechanism of the ACA, no state funds will be used for the premium credits or reinsurance program. If the Iowa Stopgap Measure is not approved by CMS, the Iowa Stopgap Measure will not be implemented. Any interested person may make written suggestions or comments on the proposed amendment on or before November 2, 2017. Such written materials should be directed to Ann Outka, Iowa Insurance Division, Two Ruan Center, 601 Locust Street, Fourth Floor, Des Moines, Iowa 50319; fax (515)281-8813; e-mail ann.outka@iid.iowa.gov. Also, there will be a public hearing on November 2, 2017, at 10 a.m., at the offices of the Iowa Insurance Division, Two Ruan Center, 601 Locust Street, Fourth Floor, Des Moines, Iowa, at which time persons may present their views either orally or in writing. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the amendment. Any persons who intend to attend the public hearing and have special requirements, such as those relating to hearing or mobility impairments, should contact the Division and advise of specific needs. These rules do not include a provision for the waiver of the rule because the Insurance Division’s general waiver rules of 191—Chapter 4 apply. This amendment was also Adopted and Filed Emergency and is published herein as ARC 3349C. The purpose of this Notice is to solicit public comment on that submission, the subject matter of which is incorporated by reference. Because the amendment that is Adopted and Filed Emergency is incorporated by reference in the Notice of Intended Action, it is not included in the Notice of Intended Action. The Insurance Division adopted this amendment on September 14, 2017. After analysis and review of this rule making, no impact on jobs has been found. These rules are intended primarily to allow for implementation of the Iowa Stopgap Measure that has been developed by the Insurance Division upon request by the Governor. The Insurance Commissioner has filed these rules under his rule-making authority of Iowa Code chapters 505, 513C, and 514E. This amendment became effective on September 14, 2017. If CMS does not approve the Iowa Stopgap Measure, it will not be funded and there will be no coverage available under these rules.
ARC 3362CInsurance Division[191]Notice of Intended ActionTwenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)“b.”
Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.
Pursuant to the authority of Iowa Code section 521B.105 as amended by 2017 Iowa Acts, House File 311, the Iowa Insurance Division hereby gives Notice of Intended Action to adopt new chapter 112, “Term and Universal Life Insurance Reserve Financing,” Iowa Administrative Code. Consistent with Iowa Code chapter 521B as amended by 2017 Iowa Acts, House File 311, the rules in Chapter 112 prescribe the requirements which the commissioner may use to establish standards governing reserve financing arrangements pertaining to life insurance policies containing guaranteed nonlevel gross premiums, guaranteed nonlevel benefits and universal life insurance policies with secondary guarantees. Cross references in these rules to provisions in Iowa Code chapter 521B should be understood to include the amendments enacted in 2017 Iowa Acts, House File 311. The Division intends that insurance companies shall comply with these rules beginning January 10, 2018. Any interested person may make written comments on the proposed rules on or before October 31, 2017. Written comments may be sent to Bob Koppin, Iowa Insurance Division, Two Ruan Center, 601 Locust Street, Fourth Floor, Des Moines, Iowa 50309-3738. Comments may also be submitted electronically to robert.koppin@iid.iowa.gov or via facsimile to (515)281-3059. A public hearing will be held on November 1, 2017, at 1:30 p.m. in Conference Room 4 North of the Iowa Insurance Division, Two Ruan Center, 601 Locust Street, Fourth Floor, Des Moines, Iowa, at which time persons may present their views orally or in writing. At the hearing, persons will be asked to give their names and addresses for the record and to confine remarks to the subject of the proposed rules. Any persons who intend to attend the public hearing and have special requirements, such as those relating to hearing or mobility impairments, should contact the Division and advise of specific needs. Chapter 112 does not provide for waivers. After analysis and review of this rule making, no impact on jobs has been found. These rules are intended to implement Iowa Code sections 521B.102, 521B.103 and 521B.105 as amended by 2017 Iowa Acts, House File 311. The following amendment is proposed.
ITEM 1. Adopt the following new 191—Chapter 112: CHAPTER 112TERM AND UNIVERSAL LIFE INSURANCE RESERVE FINANCING191—112.1(521B) Authority. This chapter is promulgated by the commissioner of insurance pursuant to Iowa Code sections 521B.102, 521B.103 and 521B.105.191—112.2(521B) Purpose and intent. The purpose and intent of this chapter is to establish uniform, national standards governing reserve financing arrangements pertaining to life insurance policies containing guaranteed nonlevel gross premiums, life insurance policies containing guaranteed nonlevel benefits, and universal life insurance policies with secondary guarantees; and to ensure that, with respect to each such financing arrangement, funds consisting of primary security and other security, as defined in rule 191—112.5(521B), are held by or on behalf of ceding insurers in the forms and amounts required herein. In general, reinsurance ceded for reserve financing purposes has one or more of the following characteristics: some or all of the assets used to secure the reinsurance treaty or to capitalize the reinsurer (1) are issued by the ceding insurer or its affiliates; or (2) are not unconditionally available to satisfy the general account obligations of the ceding insurer; or (3) create a reimbursement, indemnification or other similar obligation on the part of the ceding insurer or any of its affiliates (other than a payment obligation under a derivative contract acquired in the normal course and used to support and hedge liabilities pertaining to the actual risks in the policies ceded pursuant to the reinsurance treaty). 191—112.3(521B) Applicability. This chapter shall apply to reinsurance treaties that cede liabilities pertaining to covered policies, as that term is defined in rule 191—112.5(521B), issued by any life insurance company domiciled in this state. This chapter and rule 191—5.33(510) shall both apply to such reinsurance treaties; provided, that in the event of a direct conflict between a rule of this chapter and rule 191—5.33(510), the rules of this chapter shall apply, but only to the extent necessary in order to resolve the conflict.191—112.4(521B) Exemptions. This chapter does not apply to: 112.4(1) Reinsurance of: a. Policies that satisfy the criteria for exemption set forth in 191—subrule 47.5(6) or 47.5(7); and which are issued before the later of: (1) [The effective date of this chapter], and (2) The date on which the ceding insurer begins to apply the provisions of VM-20 to establish the ceded policies’ statutory reserves, but in no event later than January 1, 2020. b. Portions of policies that satisfy the criteria for exemption set forth in 191—subrule 47.5(5) and which are issued before the later of: (1) [The effective date of this chapter], and (2) The date on which the ceding insurer begins to apply the provisions of VM-20 to establish the ceded policies’ statutory reserves, but in no event later than January 1, 2020. c. Any universal life policy that meets all of the following requirements: (1) Secondary guarantee period, if any, is five years or less; (2) Specified premium for the secondary guarantee period is not less than the net level reserve premium for the secondary guarantee period based on the commissioners standard ordinary (CSO) valuation tables and valuation interest rate applicable to the issue year of the policy; and (3) The initial surrender charge is not less than 100 percent of the first year annualized specified premium for the secondary guarantee period. d. Credit life insurance. e. Any variable life insurance policy that provides for life insurance, the amount or duration of which varies according to the investment experience of any separate account or accounts. f. Any group life insurance certificate unless the certificate provides for a stated or implied schedule of maximum gross premiums required in order to continue coverage in force for a period in excess of one year. 112.4(2) Reinsurance ceded to an assuming insurer that meets the applicable requirements of Iowa Code section 521B.102(4). 112.4(3) Reinsurance ceded to an assuming insurer that meets the applicable requirements of Iowa Code sections 521B.102(1) to 521B.102(3), and that, in addition: a. Prepares statutory financial statements in compliance with the National Association of Insurance Commissioners (NAIC) Accounting Practices and Procedures Manual, without any departures from NAIC statutory accounting practices and procedures pertaining to the admissibility or valuation of assets or liabilities that increase the assuming insurer’s reported surplus and are material enough that they need to be disclosed in the financial statement of the assuming insurer pursuant to Statement of Statutory Accounting Principles No. 1 (SSAP 1); and b. Is not in a company-action-level event, regulatory-action-level event, authorized-control-level event, or mandatory-control-level event as those terms are defined in Iowa Code section 521E.1 et seq. when its risk-based capital (RBC) is calculated in accordance with the life risk-based capital report including overview and instructions for companies, as the same may be amended by the NAIC from time to time, without deviation. 112.4(4) Reinsurance ceded to an assuming insurer that meets the applicable requirements of Iowa Code sections 521B.102(1) to 521B.102(3), and that, in addition: a. Is not an affiliate of, as that term is defined in Iowa Code section 521A.1(1): (1) The insurer ceding the business to the assuming insurer, or (2) Any insurer that directly or indirectly ceded the business to that ceding insurer; b. Prepares statutory financial statements in compliance with the NAIC Accounting Practices and Procedures Manual; c. Is both: (1) Licensed or accredited in at least ten states (including its state of domicile), and (2) Not licensed in any state as a captive, special purpose vehicle, special purpose financial captive, special purpose life reinsurance company, limited purpose subsidiary, or any other similar licensing regime; and d. Is not, or would not be, below 500 percent of the authorized-control-level RBC as that term is defined in Iowa Code section 521E.1(12)“c” when its RBC is calculated in accordance with the life risk-based capital report including overview and instructions for companies, as the same may be amended by the NAIC from time to time, without deviation, and without recognition of any departures from the NAIC statutory accounting practices and procedures pertaining to the admission or valuation of assets or liabilities that increase the assuming insurer’s reported surplus. 112.4(5) Reinsurance ceded to an assuming insurer that meets the requirements of Iowa Code section 521B.102(5) pertaining to certain certified reinsurers that meet threshold size and licensing requirements. 112.4(6) Reinsurance not otherwise exempt under subrules 112.4(1) to 112.4(5) if the commissioner, after consulting with the NAIC financial analysis working group (FAWG) or other group of regulators designated by the NAIC, as applicable, determines under all the facts and circumstances that all of the following apply: a. The risks are clearly outside of the intent and purpose of this chapter (as described in rule 191—112.2(521B)), b. The risks are included within the scope of this chapter only as a technicality, and c. The application of this chapter to those risks is not necessary to provide appropriate protection to policyholders. The commissioner shall post on the insurance division’s public Web site a notice of any decision made pursuant to this subrule to exempt a reinsurance treaty from this chapter, as well as the general basis therefor (including a summary description of the treaty). 191—112.5(521B) Definitions. "Actuarial method" means the methodology used to determine the required level of primary security, as described in rule 191—112.6(521B). "Covered policies" means the following: Subject to the exemptions described in rule 191—112.4(521B), covered policies are those policies, other than grandfathered policies, of the following policy types:- Life insurance policies with guaranteed nonlevel gross premiums or guaranteed nonlevel benefits or both, except for flexible premium universal life insurance policies; or
- Flexible premium universal life insurance policies with provisions resulting in the ability of a policyholder to keep a policy in force over a secondary guarantee period.
- Issued prior to January 1, 2015; and
- Ceded, as of December 31, 2014, as part of a reinsurance treaty that would not have met one of the exemptions set forth in rule 191—112.4(521B) had that rule then been in effect.
- Cash meeting the requirements of Iowa Code section 521B.103(2)“a”;
- Securities listed by the NAIC Securities Valuation Office meeting the requirements of Iowa Code section 521B.103(2)“b,” but excluding any synthetic letter of credit, contingent note, credit-linked note or other similar security that operates in a manner similar to a letter of credit, and excluding any securities issued by the ceding insurer or any of its affiliates; and
- For security held in connection with funds-withheld and modified coinsurance reinsurance treaties:
- Commercial loans in good standing of CM3 quality and higher;
- Policy loans; and
- Derivatives acquired in the normal course and used to support and hedge liabilities pertaining to the actual risks in the policies ceded pursuant to the reinsurance treaty.
Twenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)“b.”
Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.
Pursuant to the authority of Iowa Code section 147.76, the Board of Medicine hereby proposes to amend Chapter 9, “Permanent Physician Licensure,” Iowa Administrative Code. The purpose of Chapter 9 is to establish qualifications for licensure of physicians and surgeons and administrative medicine physicians. The proposed amendments recognize the expedited licensure process through the new Interstate Medical Licensure Compact, rescind the Board’s obsolete licensure by expedited endorsement process, require that licensure application affidavits are signed by the applicant in the physical presence of a notary public, and update language throughout Chapter 9. The Board approved this Notice of Intended Action during a regularly scheduled meeting on July 21, 2017. Any interested person may present written comments on the proposed amendments not later than 4:30 p.m. on October 31, 2017. Such written materials should be sent to Mark Bowden, Executive Director, Board of Medicine, 400 S.W. Eighth Street, Suite C, Des Moines, Iowa 50309-4686; or sent by e-mail to mark.bowden@iowa.gov. There will be a public hearing on October 31, 2017, at 11 a.m. at the Board’s office, 400 S.W. Eighth Street, Suite C, Des Moines, Iowa, at which time persons may present their views either orally or in writing. After analysis and review of this rule making, no impact on jobs has been found. These amendments are intended to implement Iowa Code chapters 147, 147B, 148, and 272C. The following amendments are proposed.
ITEM 1. Amend 653—Chapter 9, title, as follows:PERMANENTAND ADMINISTRATIVE MEDICINE PHYSICIAN LICENSURE ITEM 2. Amend the following definitions in rule 653—9.1(147,148): "Applicant" means a person who seeks authorization to practice medicine and surgery,or osteopathic medicine and surgery, or administrative medicine in this state by making application to the board, or a physician who seeks licensure through the IMLC. "Core credentials" means those documents that demonstrate the applicant’s identity, medical training and practice history. “Core credentials” includes but is not limited to:medical school verification, medical school diploma, medical school transcript, dean’s letter, examination history,current ECFMG certificatestatus report, fifth pathway certificate, and postgraduate training verification. "ECFMG" means the Educational Commission for Foreign Medical Graduates, an organization that assesses the readiness of foreign medical school graduates to enter ACGME-approved residencygraduate medical education programs in the United States of America. "Expedited endorsement" means the process whereby the state issues an unrestricted license to practice medicine to an applicant who holds a valid unrestricted and unlimited license in another jurisdiction through the acceptance of the applicant’s core credentials that have been subject to primary source verification by another jurisdiction’s physician licensing board or other authority using a process substantially similar to Iowa’s process for verifying the authenticity of the applicant’s core credentials. "Foreign medical school," also known as an “international medical school,” means a medical school that is located outside of any United States jurisdictionor Canada. "Initial license" means the first permanentor administrative medicine license granted to a qualified individual. "International medical school," also known as a “foreign medical school,” means a medical school that is located outside of any United States jurisdictionor Canada. "LMCC" means enrollment in the Canadian Medical Register as Licentiate of Medical Council of Canada with a certificate of registration as proof. LMCC requires passingboth parts of the Medical Council of CanadaQualifying Examination. "Observer" means a person who is not enrolled in an IowaLCME- or COCA-accredited medical school or osteopathic medical school, who observes care to patients in Iowa for a defined period of time and for a noncredit experience, and who is supervised and accompanied by an Iowa-licensed physician as defined in 9.2(3). An observer shall not provide or direct hands-on patient care, regardless of the observer’s level of training or supervision. The supervising physician may authorize an observer to read a chart, observe a patient interview or examination, or witness procedures, including surgery. An observer shall not chart; touch a patient as part of an examination; conduct an interview; order, prescribe or administer medications; make decisions that affect patient care; direct others in providing patient care; or conduct procedures, including surgery. Any of these activities requires licensure to practice in Iowa. An unlicensed physician observer or a medical student observer may touch a patient to verify a physical finding in the immediate presence of a physician but shall not conduct a more inclusive physical examination.An unlicensed physician observer may:- Participate in discussions regarding the care of individual patients, including offering suggestions about diagnosis or treatment, provided the unlicensed physician observer does not direct the care; and
- Elicit information from a patient provided the unlicensed physician observer does not actually perform a physical examination or otherwise touch the patient.
- ACGME;
- AOA;
- RCPSC; and
- CFPC.
Twenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)“b.”
Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.
Pursuant to the authority of Iowa Code section 147.76, the Board of Medicine hereby proposes to amend Chapter 13, “Standards of Practice and Principles of Medical Ethics,” Iowa Administrative Code. The purpose of Chapter 13 is to establish standards of practice and principles of medical ethics for administrative medicine physicians, medical physicians and surgeons, and osteopathic physicians and surgeons. The proposed amendment implements 2017 Iowa Acts, Senate File 404, which relates to the use of experimental treatments for patients with a terminal illness. The Board approved this Notice of Intended Action during a regularly scheduled meeting on September 15, 2017. Any interested person may present written comments on the proposed amendment not later than 4:30 p.m. on October 31, 2017. Such written materials should be sent to Mark Bowden, Executive Director, Board of Medicine, 400 S.W. Eighth Street, Suite C, Des Moines, Iowa 50309-4686; or sent by e-mail to mark.bowden@iowa.gov. There will be a public hearing on October 31, 2017, at 11 a.m. at the Board’s office, 400 S.W. Eighth Street, Suite C, Des Moines, Iowa, at which time persons may present their views either orally or in writing. After analysis and review of this rule making, no impact on jobs has been found. The amendment is intended to implement 2017 Iowa Acts, Senate File 404, and Iowa Code chapters 147, 148, and 272C. The following amendment is proposed.
ITEM 1. Adopt the following new rule 653—13.13(144E,147,148,272C):653—13.13(144E,147,148,272C) Standards of practice—experimental treatments for patients with a terminal illness. 13.13(1) Exemption from discipline. To the extent consistent with state law, the board shall not revoke, fail to renew, suspend, or take any action against a physician’s license based solely on the physician’s recommendations to an eligible patient regarding access to or treatment with an investigational drug, biological product, or device. 13.13(2) Eligible patient. A physician shall ensure that a patient meets all of the following conditions prior to the use of an investigational drug, biological product, or device pursuant to this rule: a. The patient has a terminal illness, attested to by the patient’s treating physician. b. The patient has considered and rejected or has tried and failed to respond to all other treatment options approved by the U.S. Food and Drug Administration (FDA). c. The patient has received a recommendation from the patient’s physician for an investigational drug, biological product, or device. d. The patient has given written informed consent for the use of the investigational drug, biological product, or device. e. The patient has documentation from the patient’s physician that the patient meets the requirements of this rule. 13.13(3) Investigational drug, biological product, or device. A physician may recommend access to or treatment with an investigational drug, biological product, or device that has successfully completed phase 1 of an FDA-approved clinical trial but has not yet been approved for general use by the FDA and remains under investigation in an FDA-approved clinical trial. 13.13(4) Terminal illness. A physician shall ensure that a patient has a terminal illness prior to the use of an investigational drug, biological product, or device pursuant to this rule. A terminal illness is a progressive disease or medical or surgical condition that entails significant functional impairment and that is not considered by a treating physician to be reversible even with administration of treatments approved by the FDA and that, without life-sustaining procedures, will result in death. 13.13(5) Written informed consent. A physician shall obtain written informed consent prior to the use of an investigational drug, biological product, or device pursuant to this rule. Written informed consent is a written document that is signed by a patient, a parent of a minor patient, or a legal guardian or other legal representative of the patient and attested to by the patient’s treating physician and a witness and that includes all of the following: a. An explanation of the products and treatments approved by the FDA for the disease or condition from which the patient suffers. b. An attestation that the patient concurs with the patient’s treating physician in believing that all products and treatments approved by the FDA are unlikely to prolong the patient’s life. c. Clear identification of the specific proposed investigational drug, biological product, or device that the patient is seeking to use. d. A description of the best and worst potential outcomes of using the investigational drug, biological product, or device and a realistic description of the most likely outcome. The description shall include the possibility that new, unanticipated, different, or worse symptoms might result and that death could be hastened by use of the proposed investigational drug, biological product, or device. The description shall be based on the treating physician’s knowledge of the proposed investigational drug, biological product, or device in conjunction with an awareness of the patient’s condition. e. A statement that the patient’s health plan or third-party administrator and provider are not obligated to pay for any care or treatments consequent to the use of the investigational drug, biological product, or device, unless the patient’s health plan or third-party administrator and provider are specifically required to do so by law or contract. f. A statement that the patient’s eligibility for hospice care may be withdrawn if the patient begins curative treatment with the investigational drug, biological product, or device and that hospice care may be reinstated if treatment ends and the patient meets hospice eligibility requirements. g. A statement that the patient understands that the patient is liable for all expenses consequent to the use of the investigational drug, biological product, or device and that this liability extends to the patient’s estate unless a contract between the patient and the manufacturer of the investigational drug, biological product, or device states otherwise. 13.13(6) Assisting suicide. This rule shall not be construed to allow a patient’s treating physician to assist the patient in committing or attempting to commit suicide as prohibited in Iowa Code section 707A.2. 13.13(7) Grounds for discipline. A physician may be subject to disciplinary action for violation of rule 653—13.13(144E,147,148,272C) or 653—Chapter 23. Grounds for discipline include, but are not limited to, the following: a. The physician recommends access to or treatment with an investigational drug, biological product, or device to an individual who is not an eligible patient pursuant to this rule. b. The physician fails to obtain appropriate written informed consent prior to recommending access to or treatment with an investigational drug, biological product, or device pursuant to this rule. c. The physician assists the patient in committing or attempting to commit suicide as prohibited in Iowa Code section 707A.2. This rule is intended to implement 2017 Iowa Acts, Senate File 404, and Iowa Code chapters 147, 148 and 272C.ARC 3361CMedicine Board[653]Notice of Intended ActionTwenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)“b.”
Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.
Pursuant to the authority of Iowa Code section 147.76, the Board of Medicine hereby proposes to amend Chapter 13, “Standards of Practice and Principles of Medical Ethics,” Iowa Administrative Code. The purpose of Chapter 13 is to establish standards of practice and principles of medical ethics for administrative medicine physicians, medical physicians and surgeons, and osteopathic physicians and surgeons. The proposed amendment implements 2017 Iowa Acts, House File 577, which relates to the treatment of Lyme disease or other tick-borne diseases. The Board approved this Notice of Intended Action during a regularly scheduled meeting on September 15, 2017. Any interested person may present written comments on the proposed amendment not later than 4:30 p.m. on October 31, 2017. Such written materials should be sent to Mark Bowden, Executive Director, Board of Medicine, 400 S.W. Eighth Street, Suite C, Des Moines, Iowa 50309-4686; or sent by e-mail to mark.bowden@iowa.gov. There will be a public hearing on October 31, 2017, at 11 a.m. at the Board’s office, 400 S.W. Eighth Street, Suite C, Des Moines, Iowa, at which time persons may present their views either orally or in writing. After analysis and review of this rule making, no impact on jobs has been found. The amendment is intended to implement 2017 Iowa Acts, House File 577, and Iowa Code chapters 147, 148, and 272C. The following amendment is proposed.
ITEM 1. Adopt the following new rule 653—13.14(147,148,272C):653—13.14(147,148,272C) Standards of practice—tick-borne disease diagnosis and treatment. 13.14(1) Exemption from discipline. A person licensed by the board under Iowa Code chapter 148 shall not be subject to discipline under this chapter or the board’s enabling statute based solely on the physician’s recommendation or provision of a treatment method for Lyme disease or other tick-borne disease if the recommendation or provision of such treatment meets all the following criteria: a. The treatment is provided after an examination is performed and informed consent is received from the patient. b. The physician identifies a medical reason for recommending or providing the treatment. c. The treatment is provided after the physician informs the patient about other recognized treatment options and describes to the patient the physician’s education, experience, and credentials regarding the treatment of Lyme disease or other tick-borne disease. d. The physician uses the physician’s own medical judgment based on a thorough review of all available clinical information and Lyme disease or other tick-borne disease literature to determine the best course of treatment for the individual patient. e. The treatment will not, in the opinion of the physician, result in the direct and proximate death of or serious bodily injury to the patient. 13.14(2) Lyme disease. According to the Centers for Disease Control and Prevention (CDC), Lyme disease is caused by the bacterium Borrelia burgdorferi and is transmitted to humans through the bite of infected blacklegged ticks, commonly known as deer ticks. Typical symptoms include fever, headache, fatigue, and a characteristic skin rash called erythema migrans. If left untreated, infection can spread to joints, the heart, and the nervous system. Lyme disease is diagnosed based on symptoms, physical findings (e.g., a rash), and the possibility of exposure to infected ticks. Laboratory testing is helpful if used correctly and performed with validated methods. Steps to prevent Lyme disease include using insect repellent, removing ticks promptly, applying pesticides, and reducing tick habitat. The ticks that transmit Lyme disease can occasionally transmit other tick-borne diseases as well. 13.14(3) Lyme disease treatment. Most cases of Lyme disease can be treated successfully with a few weeks of antibiotics. Over the past several years, the International Lyme and Associated Diseases Society (ILADS) has supported longer courses of antibiotics for some patients, versus the prescribed treatment durations identified by the Infectious Diseases Society of America (IDSA) and referenced by the CDC. While IDSA has expressed concern about overtreatment, ILADS points out that treatment decisions should be based on a risk-benefit analysis. Both groups have published evidence-based guidelines. 13.14(4) Tick-borne diseases. According to the CDC, tick-borne diseases include: a. Anaplasmosis is transmitted to humans by tick bites primarily from the blacklegged tick (Ixodes scapularis) in the northeastern and upper midwestern regions of the United States (U.S.) and the western blacklegged tick (Ixodes pacificus) along the Pacific coast. b. Babesiosis is caused by microscopic parasites that infect red blood cells. Most human cases of babesiosis in the U.S. are caused by Babesia microti. Babesia microti is transmitted by the blacklegged tick (Ixodes scapularis) and is found primarily in the northeastern and upper midwestern regions of the U.S. c. Borrelia mayonii infection has recently been described as a cause of illness in the upper midwestern region of the U.S. This infection has been found in blacklegged ticks (Ixodes scapularis) in Minnesota and Wisconsin. Borrelia mayonii is a new species and is the only species besides B. burgdorferi known to cause Lyme disease in North America. d. Borrelia miyamotoi infection has recently been described as a cause of illness in the U.S. This infection is transmitted by the blacklegged tick (Ixodes scapularis) and has a geographic range similar to that of Lyme disease. e. Bourbon virus infection has been identified in a limited number of patients in the midwestern and southern regions of the U.S. At this time, it is not known if the virus might be found in other areas of the U.S. f. Colorado tick fever is caused by a virus transmitted by the Rocky Mountain wood tick (Dermacentor andersoni). Colorado tick fever occurs in the Rocky Mountain states at elevations of 4,000 to 10,500 feet. g. Ehrlichiosis is transmitted to humans by the lone star tick (Ambylomma americanum), found primarily in the south central and eastern regions of the U.S. h. Heartland virus cases have been identified in the midwestern and southern regions of the U.S. Studies suggest that lone star ticks (Ambylomma americanum) can transmit the virus. It is unknown if the virus may be found in other areas of the U.S. i. Lyme disease is transmitted by the blacklegged tick (Ixodes scapularis) in the northeastern and upper midwestern regions of the U.S. and by the western blacklegged tick (Ixodes pacificus) along the Pacific coast. j. Powassan disease is transmitted by the blacklegged tick (Ixodes scapularis) and the groundhog tick (Ixodes cookei). Cases have been reported primarily from northeastern states and the Great Lakes region. k. Rickettsia parkeri rickettsiosis is transmitted to humans by the Gulf Coast tick (Amblyomma maculatum). l. Rocky Mountain spotted fever is transmitted by the American dog tick (Dermacentor variabilis), Rocky Mountain wood tick (Dermacentor andersoni), and the brown dog tick (Rhipicephalus sangunineus) in the U.S. The brown dog tick and other tick species are associated with Rocky Mountain spotted fever in Central America and South America. m. Southern tick-associated rash illness is transmitted via bites from the lone star tick (Ambylomma americanum) found in the southeastern and eastern regions of the U.S. n. Tick-borne relapsing fever is transmitted to humans through the bite of infected soft ticks. Tick-borne relapsing fever has been reported in 15 states: Arizona, California, Colorado, Idaho, Kansas, Montana, Nevada, New Mexico, Ohio, Oklahoma, Oregon, Texas, Utah, Washington, and Wyoming and is associated with sleeping in rustic cabins and vacation homes. o. Tularemia is transmitted to humans by the dog tick (Dermacentor variabilis), the wood tick (Dermacentor andersoni), and the lone star tick (Amblyomma americanum). Tularemia occurs throughout the U.S. p. 364D rickettsiosis (Rickettsia phillipi) is transmitted to humans by the Pacific Coast tick (Dermacentor occidentalis). This is a new disease that has been found in California. 13.14(5) Grounds for discipline. A physician may be subject to disciplinary action for violation of these rules or the rules found in 653—Chapter 23. Grounds for discipline include, but are not limited to, the following: a. The physician fails to perform and document an appropriate examination or fails to obtain and document appropriate informed consent from the patient. b. The physician fails to identify and document a medical reason for recommending or providing the treatment. c. The physician fails to inform the patient about other recognized treatment options or fails to describe to the patient the physician’s education, experience, and credentials regarding the treatment of Lyme disease or other tick-borne diseases. d. The physician fails to use the physician’s own medical judgment based on a thorough review of all available clinical information and Lyme disease or other tick-borne disease literature to determine the best course of treatment for the individual patient. e. The treatment provided, in the opinion of the physician, will likely result in the direct and proximate death of or serious bodily injury to the patient. This rule is intended to implement 2017 Iowa Acts, House File 577, and Iowa Code chapters 147, 148 and 272C.ARC 3369CPharmacy Board[657]Notice of Intended ActionTwenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)“b.”
Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.
Pursuant to the authority of Iowa Code section 147.76, the Board of Pharmacy hereby gives Notice of Intended Action to amend Chapter 2, “Pharmacist Licenses,” Iowa Administrative Code. This amendment was approved at the August 30, 2017, regular meeting of the Board of Pharmacy. The proposed amendment permits an applicant who is not eligible for a social security number but who has an individual tax identification number (ITIN) to provide that ITIN on the application for pharmacist licensure by examination. Such applicant shall also be required to provide proof of presence such as a permanent resident card, an employment authorization document issued by the federal government, or certain types of visas. Requests for waiver or variance of the discretionary provisions of Board rules will be considered pursuant to 657—Chapter 34. Any interested person may present written comments, data, views, and arguments on the proposed amendment not later than 4:30 p.m. on October 31, 2017. Such written materials may be sent to Terry Witkowski, Executive Officer, Board of Pharmacy, 400 S.W. Eighth Street, Suite E, Des Moines, Iowa 50309-4688; or by e-mail to terry.witkowski@iowa.gov. After analysis and review of this rule making, no measurable impact on jobs has been found. Amending the application requirements in this manner may make it a bit easier for foreign applicants who do not yet qualify for a social security number to obtain employment in their profession in a more timely manner, but the amendment is not expected to impact many individuals. This amendment is intended to implement Iowa Code sections 147.2, 147.36, and 155A.7 through 155A.9. The following amendment is proposed.
ITEM 1. Amend subrule 2.2(1) as follows: 2.2(1) Required information. The application for examination shall require that the applicant provide, at a minimum, the following: name; address; telephone number; date of birth; social security numberor individual tax identification number (ITIN); name and location of college of pharmacy and date of graduation; one current photograph of a quality at least similar to a passport photograph; and internship experience.If the applicant provides an ITIN in lieu of a social security number, the applicant shall also provide acceptable proof of lawful presence. Each applicant shall also declare the following: history of prior pharmacist licensure examinations and record of offenses including but not limited to charges, convictions, and fines which relate to the profession or that may affect the licensee’s ability to practice pharmacy.ARC 3370CPharmacy Board[657]Notice of Intended ActionTwenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)“b.”
Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.
Pursuant to the authority of Iowa Code section 147.76, the Board of Pharmacy hereby gives Notice of Intended Action to amend Chapter 5, “Pharmacy Support Persons,” and Chapter 11, “Drugs in Emergency Medical Service Programs,” Iowa Administrative Code. These amendments were approved at the August 30, 2017, regular meeting of the Board of Pharmacy. The proposed amendments provide clarification for registration of service programs that are owned by and based at the same physical address of a hospital that is already registered with the Board for controlled substances. Also, the amendments provide updated references to and consistency with 657—Chapter 10 as a result of recent rule making by the Board. Any interested person may present written comments, data, views, and arguments on the proposed amendments not later than 4:30 p.m. on October 17, 2017. Such written materials may be sent to Terry Witkowski, Executive Officer, Iowa Board of Pharmacy, 400 S.W. Eighth Street, Suite E, Des Moines, Iowa 50309-4688; or by e-mail to terry.witkowski@iowa.gov. Requests for waiver or variance of the discretionary provisions of Board rules will be considered pursuant to 657—Chapter 34. After analysis and review of this rule making, no impact on jobs has been found. These amendments are intended to implement Iowa Code chapter 147A and sections 124.301 and 124.302. The following amendments are proposed.
ITEM 1. Amend rule 657—5.17(155A) as follows:657—5.17(155A) Tasks a pharmacy support person shall not perform. A pharmacy support person shall not perform any of the following judgmental or technical functions. Performance of any of these tasks by a pharmacy support person shall constitute the practice of pharmacy without a license in violation of Iowa Code section 155A.7. A pharmacy support person shall not:- Provide the final verification for the accuracy, validity, completeness, or appropriateness of a filled prescription or medication order.
- Conduct prospective drug use review or evaluate a patient’s medication record for purposes identified in rule 657—8.21(155A).
- Provide patient counseling, consultation, or patient-specific drug information; make an offer of patient counseling on behalf of the pharmacist; or accept a refusal of patient counseling from a patient or patient’s agent.
- Make decisions that require a pharmacist’s professional judgment, such as interpreting or applying information.
- Accept by oral communication any new or refill prescription authorizations communicated to a pharmacy by a prescriber or by the prescriber’s office or contact a prescriber to obtain prescription refill authorizations.
- Provide a prescription or drug to a patient without a pharmacist’s verification as to the accuracy of the dispensed medication and without the physical presence of a pharmacist.
- Package, pour, or place in a container for dispensing, sale, distribution, transfer, vending, or barter any drug which, under federal or state laws, may be sold or dispensed only pursuant to the prescription of a practitioner authorized to prescribe drugs. This prohibited task includes the addition of water or other liquid for reconstitution of oral antibiotic liquids. A pharmacy support person may place a prescription container into a bag or sack for delivery to the patient as part of the sales transaction after the accuracy of the prescription has been verified by the pharmacist.
- Affix required prescription labels upon any container of drugs sold or dispensed pursuant to the prescription of an authorized prescriber.
- Process or enter pertinent patient or prescription information, including entry of that information into the pharmacy computer system, except as provided in rule 657—5.18(155A).
- Prepackage or label multidose and single-dose packages of drugs, including dose picks for unit dose cart fills for hospital or long-term care facility patients.
- Check or inspect drug supplies provided and controlled by an Iowa-licensed pharmacy but located or maintained outside the pharmacy department, including but not limited to drug supplies maintained in an ambulance or other emergency medical service vehicle, a long-term care facility, a hospital nursing unit, or a hospice facility.
- Reconstitute prefabricated noninjectable medication, prepare parenteral products, or compound sterile or nonsterile drug products.
- Communicate, transmit, or receive patient or prescription information to or from the pharmacy for the purpose of transferring a patient’s prescription between pharmacies.
- Assist with or witness the destruction or wastage of controlled substances pursuant to 657—subrule 10.18(2)657—subrule 10.22(2).
- Perform any of the duties identified in 657—Chapter 3 as technical functions that may be delegated to a pharmacy technician.
Twenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)“b.”
Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.
Pursuant to the authority of Iowa Code section 147.76, the Board of Pharmacy hereby gives Notice of Intended Action to amend Chapter 8, “Universal Practice Standards,” Iowa Administrative Code. This amendment was approved at the August 30, 2017, regular meeting of the Board of Pharmacy. The proposed amendment seeks to provide clarification for a pharmacist in dispensing remaining refills of prescriptions after the prescriber has ended a relationship with a patient, such as with discontinuation of practice or relocation to another state, so that the pharmacist is authorized to provide adequate and appropriate care to a patient while the patient is seeking the care of a new provider. Any interested person may present written comments, data, views, and arguments on the proposed amendment not later than 4:30 p.m. on October 31, 2017. Such written materials may be sent to Terry Witkowski, Executive Officer, Iowa Board of Pharmacy, 400 S.W. Eighth Street, Suite E, Des Moines, Iowa 50309-4688; or by e-mail to terry.witkowski@iowa.gov. Requests for waiver or variance of the discretionary provisions of Board rules will be considered pursuant to 657—Chapter 34. After analysis and review of this rule making, no impact on jobs has been found. This amendment is intended to implement Iowa Code section 155A.27. The following amendment is proposed.
ITEM 1. Amend rule 657—8.20(155A) as follows:657—8.20(155A) Valid prescriber/patient relationship. Prescription drug orders and medication orders shall be valid as long as a prescriber/patient relationship exists. Once the prescriber/patient relationship is broken and the prescriber is no longer available to treat the patient or oversee the patient’s use of a prescription drug, the order loses its validity and the pharmacist, on becoming aware of the situation, shall cancel the order and any remainingprescription refills. The pharmacist shall, however, exercise prudent judgment based upon individual circumstances to ensure that the patient is able to obtain a sufficient amount of the prescribed drug to continue treatment until the patient can reasonably obtain the service of another prescribermay be dispensed at the discretion of the pharmacist for a suitable amount of time so that the patient can establish care with a new provider and a new order can be issued.In determining the duration of which prescriptions may be dispensed, the pharmacist shall consider the patient’s health care status and access to health care services.ARC 3373CPharmacy Board[657]Notice of Intended ActionTwenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)“b.”
Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.
Pursuant to the authority of Iowa Code sections 17A.3 and 17A.22, the Board of Pharmacy hereby gives Notice of Intended Action to rescind Chapter 28, “Agency Procedure for Rule Making,” Iowa Administrative Code, and to adopt a new Chapter 28 with the same title. This amendment was approved at the August 30, 2017, regular meeting of the Board of Pharmacy. The proposed amendment rescinds current Chapter 28 and adopts new rules regarding the procedures for rule making in line with the requirements of Iowa Code chapter 17A and current practices. The new rules address recent changes regarding rule-making actions and activities including emergency adoption of rules, regulatory analyses, fiscal impact statements, jobs impact statement, five-year review, and electronic filing, recording, and tracking of agency rule-making actions. Requests for waiver or variance of the discretionary provisions of Board rules will be considered pursuant to 657—Chapter 34. Any interested person may present written comments, data, views, and arguments on the proposed amendment not later than 4:30 p.m. on October 31, 2017. Such written materials may be sent to Terry Witkowski, Executive Officer, Board of Pharmacy, 400 S.W. Eighth Street, Suite E, Des Moines, Iowa 50309-4688; or by e-mail to terry.witkowski@iowa.gov. After analysis and review of this rule making, no impact on jobs has been found. The amendment is intended to implement Iowa Code sections 17A.1 through 17A.9A. The following amendment is proposed.
ITEM 1. Rescind 657—Chapter 28 and adopt the following new chapter in lieu thereof: CHAPTER 28AGENCY PROCEDURE FOR RULE MAKING657—28.1(17A) Applicability. Except to the extent otherwise expressly provided by statute, all rules adopted by the board of pharmacy, hereinafter referred to as “board,” are subject to the provisions of Iowa Code chapter 17A, the Iowa administrative procedure Act, and the provisions of this chapter.657—28.2(17A) Definitions. "Administrative rules review committee" "ARRC" means a bipartisan standing committee composed of five senators and five representatives that meets on a regular basis for the purpose of selectively reviewing rules whether proposed or in effect. "ARC" means the governor’s administrative rules coordinator. "ARC number" means the identification number assigned by the ARC to each rule making document. "Iowa Administrative Bulletin" "IAB" is the official biweekly publication that contains the text or texts of notices of intended action and of all adopted rules. "Notice of Intended Action" means a published notice of the board’s intent to adopt, amend, or rescind one or more rules pursuant to Iowa Code section 17A.4(1).657—28.3(17A) Solicitation of comments before notice. In addition to seeking information by other methods, the board may, before publication of a Notice of Intended Action, solicit comments from the public on a subject matter of possible rule making by causing notice to be published in the Iowa Administrative Bulletin of the subject matter and indicating where, when, and how persons may comment.657—28.4(17A) Public rule-making docket. Proposed rule making is made available for inspection and comment by the public through the Web sites identified in this rule. 28.4(1) Proposed rule making. Each proposed rule making is published in the Iowa Administrative Bulletin and can be found on the state’s administrative rules Web site at https://rules.iowa.gov. Each proposed rule making is identified by agency and by ARC number and shall include information on the opportunity to directly submit public comments, suggestions, and objections regarding the proposed rule making, including the deadline for submission of such comments. 28.4(2) Rules tracker. The progress and current status of any proposed rule making may be viewed at https://www.legis.iowa.gov/law/administrativerules/tracker. 28.4(3) Board notification of proposed rule making. Persons desiring to receive copies of future Notices of Intended Action may subscribe on the board’s Web site at https://pharmacy.iowa.gov. 28.4(4) Public participation—written comments. For at least 20 days after publication of the Notice of Intended Action, persons may submit written comments on the proposed rule. Such written submissions shall identify the proposed rule to which they relate and shall be submitted to the Iowa Board of Pharmacy, 400 S.W. Eighth Street, Suite E, Des Moines, Iowa 50309-4688; or to the person designated in the Notice of Intended Action. 28.4(5) Public participation—public hearings. The board may, at any time, schedule a public hearing in accordance with rule 657—28.4(17A) on a proposed rule. The board shall schedule a public hearing on a proposed rule if, within 20 days after the published Notice of Intended Action, a written request for an opportunity to make oral presentations is submitted to the board by the ARRC, a governmental subdivision, an agency, an association having not less than 25 members, or at least 25 persons. The request shall contain the following information: a. A request by one or more individual persons shall include the printed name, signature, address, telephone number, and e-mail address of each person. b. A request by an association shall contain a statement that the association has at least 25 members and include the printed name, signature, address, telephone number, and e-mail address of an officer or designee of the association. c. A request by an agency or governmental subdivision shall contain the printed name, signature, address, telephone number, and e-mail address of an official having authority to act on behalf of the entity.657—28.5(17A) Public hearing proceedings. 28.5(1) Applicability. This rule applies only to those public hearings in which an opportunity to make oral presentations is authorized or required by Iowa Code section 17A.4(1)“b.” 28.5(2) Scheduling and notice. A public hearing on a proposed rule may be held in one or more locations and shall not be held earlier than 20 days after notice of its location and time is published in the IAB. That notice shall also identify the proposed rule by ARC number and citation to the IAB. 28.5(3) Presiding officer. The board, a member of the board, or another person designated by the board who will be familiar with the substance of the proposed rule, shall preside at the oral proceeding on a proposed rule. If the board does not preside, the presiding officer shall prepare a memorandum for consideration by the board summarizing the contents of the presentations made at the oral proceeding unless the board determines that such a memorandum is unnecessary because the board will personally listen to or read the entire transcript of the oral proceeding. 28.5(4) Conduct of hearing. At a public hearing on a proposed rule, persons may make oral statements and make documentary and physical submissions, which may include data, views, comments or arguments concerning the proposed rule. Persons wishing to make oral presentations at such a proceeding are encouraged to notify the board at least one business day prior to the hearing and indicate the general subject of their presentations. At the hearing, those who participate shall indicate their names and addresses, identify any persons or organizations they may represent, and provide any other information relating to their participation deemed appropriate by the presiding officer. Hearings shall be open to the public and shall be recorded by stenographic or electronic means. a. At the beginning of the public hearing, the presiding officer shall give a brief synopsis of the proposed rule, a statement of the statutory authority for the proposed rule, and the reasons for the board decision to propose the rule. The presiding officer may place time limitations on individual oral presentations when necessary to ensure the orderly and expeditious conduct of the hearing. To encourage joint oral presentations and to avoid repetition, additional time may be provided for persons whose presentations represent the views of other individuals as well as their own views. b. Persons making oral presentations are encouraged to avoid restating matters which have already been submitted in writing. c. To facilitate the exchange of information, the presiding officer may, where time permits, open the floor to questions or general discussion. d. The presiding officer shall have the authority to take any reasonable action necessary for the orderly conduct of the meeting. e. Physical and documentary submissions presented by participants in the hearing shall be submitted to the presiding officer. Such submissions become the property of the board. f. The hearing may be continued by the presiding officer to a later time without notice other than by announcement at the hearing. g. Participants in a public hearing shall not be required to take an oath or to submit to cross-examination. However, the presiding officer in a hearing may question participants and permit the questioning of participants by other participants about any matter relating to that rule-making proceeding, including any prior written submissions made by those participants in that proceeding; but no participant shall be required to answer any question. h. The presiding officer in a hearing may permit rebuttal statements and request the filing of written statements subsequent to the adjournment of the oral presentations. 28.5(5) Additional information. In addition to receiving written comments and oral presentations on a proposed rule according to the provisions of this rule, the board may obtain information concerning a proposed rule through any other lawful means deemed appropriate under the circumstances. 28.5(6) Accessibility. The board shall schedule public hearings in rooms accessible to and functional for persons with physical disabilities. Persons who have special requirements should contact the board, telephone (515)281-5944, in advance to arrange access or other needed services.657—28.6(17A) Regulatory analyses. 28.6(1) Definition of small business. A “small business” is defined in Iowa Code section 17A.4A(8)“a.” 28.6(2) Regulatory analysis—economic impact. The board shall issue a regulatory analysis of a proposed board rule in response to a written request from the ARC or the ARRC. The regulatory analysis shall conform to the requirements of Iowa Code section 17A.4A. 28.6(3) Regulatory analysis—business impact. The board shall issue a regulatory analysis of a proposed board rule in response to a written request from one of the following. The regulatory analysis shall conform to the requirements of Iowa Code section 17A.4A. a. The administrative rules review committee; b. The administrative rules coordinator; c. At least 25 or more persons who sign the request provided that each represents a different small business; d. An organization representing at least 25 small businesses. That organization shall list the name, address, and telephone number of not less than 25 small businesses it represents. 28.6(4) Time period for analysis. Upon receipt of a timely request for a regulatory analysis, the board shall adhere to the time lines described in Iowa Code section 17A.4A. 28.6(5) Contents of request. A request for a regulatory analysis is made when it is mailed or delivered to the board. The request shall be in writing and satisfy the requirements of Iowa Code section 17A.4A. 28.6(6) Contents of concise summary. The contents of the concise summary shall conform to the requirements of Iowa Code section 17A.4A. 28.6(7) Publication of a concise summary. The board shall make available, to the maximum extent feasible, copies of the published summary in conformance with Iowa Code section 17A.4A. 28.6(8) Jobs impact statement. Pursuant to 2017 Iowa Acts, Senate File 1, the board shall include in the preamble of each rule making a jobs impact statement, unless such statement is waived by the ARC. The board may seek and shall accept public comments and information from stakeholders relating to a jobs impact statement.657—28.7(17A,25B) Fiscal impact statement. 28.7(1) A proposed rule that mandates additional combined expenditures exceeding $100,000 by all affected political subdivisions or agencies and entities which contract with political subdivisions to provide services shall be accompanied by a fiscal impact statement outlining the costs associated with the rule. A fiscal impact statement shall satisfy the requirements of Iowa Code section 25B.6. 28.7(2) If the board determines at the time it adopts a rule that the fiscal impact statement upon which the rule is based contains errors, the board shall, at the same time, issue a corrected fiscal impact statement and publish the corrected fiscal impact statement in the Iowa Administrative Bulletin.657—28.8(17A) Time and manner of rule adoption. 28.8(1) Time of adoption. At least 35 days following publication of a Notice of Intended Action, the board may adopt a rule or terminate the rule making. Within 180 days after the date of publication of the notice or the deadline for public comments, whichever is later, the board shall adopt a rule or terminate the proceeding. Subsequent actions shall be published in the Iowa Administrative Bulletin. 28.8(2) Consideration of public comment. Before the adoption of a rule, the board shall consider fully all of the written submissions and oral submissions received in that rule-making proceeding, or any memorandum summarizing such oral submissions, and any regulatory analysis, jobs impact statement, or fiscal impact statement issued in that rule-making proceeding. 28.8(3) Reliance on board expertise. Except as otherwise provided by law, the board may use its own experience, technical competence, specialized knowledge, and judgment in the adoption of a rule.657—28.9(17A) Variance between adopted rule and published notice of proposed rule adoption. 28.9(1) The board shall not adopt a rule that differs from the rule proposed in the Notice of Intended Action on which the rule is based unless: a. The differences are within the scope of the subject matter announced in the Notice of Intended Action and are in character with the issues raised in that notice; and b. The differences are a logical outgrowth of the contents of that Notice of Intended Action and the comments submitted in response thereto; and c. The Notice of Intended Action provided fair warning that the outcome of that rule-making proceeding could be the rule in question. 28.9(2) In determining whether the Notice of Intended Action provided fair warning that the outcome of that rule-making proceeding could be the rule in question, the board shall consider the following factors: a. The extent to which persons who will be affected by the rule should have understood that the rule-making proceeding on which it is based could affect their interests; b. The extent to which the subject matter of the rule or the issues determined by the rule are different from the subject matter or issues contained in the Notice of Intended Action; and c. The extent to which the effects of the rule differ from the effects of the proposed rule contained in the Notice of Intended Action. 28.9(3) Concurrent rule-making proceedings. Nothing in this rule disturbs the discretion of the board to initiate, concurrently, several different rule-making proceedings on the same subject with several different published Notices of Intended Action.657—28.10(17A) Exemptions from public rule-making procedures. 28.10(1) Emergency-adopted rule. To the extent the board for good cause finds that public notice and participation are unnecessary, impracticable, or contrary to the public interest in the process of adopting a particular rule, and with the prior approval of the ARRC and ARC, or if a statute so provides, the board may adopt that rule without publishing advance Notice of Intended Action in the Iowa Administrative Bulletin and without providing for written or oral public submissions prior to its adoption. The board shall incorporate the required finding and a brief statement of its supporting reasons in each rule adopted in reliance upon this subrule. 28.10(2) Notice of emergency-adopted rule. The board may, at any time, begin a standard rule-making proceeding for the adoption of a rule that is emergency-adopted without notice pursuant to subrule 28.10(1) and that is identical or similar to a rule it adopts in reliance upon subrule 28.10(1). After notice commenced pursuant to this subrule, the board may either readopt the rule it emergency-adopted without benefit of all usual procedures on the basis of subrule 28.10(1) or may take any other lawful action, including the amendment or repeal of the rule in question, with whatever further proceedings are appropriate.657—28.11(17A) Concise statement of reasons. When requested by a person, either prior to the adoption of a rule or within 30 days after its publication in the Iowa Administrative Bulletin as an adopted rule, the board shall issue a concise statement of reasons for the rule pursuant to Iowa Code section 17A.4(2). Requests for such a statement shall be in writing and be delivered to the Iowa Board of Pharmacy, 400 S.W. Eighth Street, Suite E, Des Moines, Iowa 50309-4688. The request shall indicate whether the statement is sought for all or only a specified part of the rule. Requests will be considered made on the date received.657—28.12(17A) Style and form. In preparing its rules, the board shall follow the uniform numbering system, form, and style prescribed by the administrative rules coordinator.657—28.13(17A) Board rule-making record. 28.13(1) Requirement. The board shall maintain an official rule-making record for each rule it proposes by publication in the Iowa Administrative Bulletin of a Notice of Intended Action or adopts. The rule making record and materials incorporated by reference shall be available for public inspection. 28.13(2) Contents. The board rule-making record shall contain: a. Copies of all publications in the Iowa Administrative Bulletin with respect to the rule or the proceeding upon which the rule is based; b. All written petitions, requests, and submissions received by the board, and all other written materials of a factual nature as distinguished from opinion that are relevant to the merits of the rule and that were created or compiled by the board and considered by the board, in connection with the formulation, proposal, or adoption of the rule or the proceeding upon which the rule is based, except to the extent the board is authorized by law to keep them confidential; provided, however, that when any such materials are deleted because they are authorized by law to be kept confidential, the board shall identify in the record the particular materials deleted and state the reasons for that deletion; c. Any official transcript of oral presentations made in the proceeding upon which the rule is based or, if not transcribed, the stenographic record or electronic recording of those presentations, and any memorandum prepared by a presiding officer summarizing the contents of those presentations; d. A copy of any regulatory analysis or fiscal impact statement; e. A copy of the rule and any concise statement of reasons prepared for that rule; f. All petitions for amendment of, or repeal or suspension of, the rule; g. A copy of any objection to the rule filed by the administrative rules review committee, the governor, or the attorney general pursuant to Iowa Code section 17A.4(6), and any board response to that objection; h. A copy of any significant written criticism of the rule, including a summary of any petitions for waiver of the rule; and i. A copy of any executive order concerning the rule. 28.13(3) Effect of record. Except as otherwise required by a provision of law, the board rule-making record required by this rule need not constitute the exclusive basis for board action on that rule. 28.13(4) Maintenance of record. The board shall maintain the rule-making record for a period of not less than five years from the later of the date the rule to which it pertains became effective or the date of the Notice of Intended Action. The board shall maintain a record of significant written criticism as described in paragraph 28.13(2)“g,” “h,” or “i,” for a period of not less than five years from the date of the written criticism.657—28.14(17A) Filing of rules. The board shall file each rule the board adopts with the office of the administrative rules coordinator. The filing shall be executed as soon after adoption of the rule as is practicable. In filing a rule, the board shall use the standard form prescribed by the administrative rules coordinator.657—28.15(17A) Effectiveness of rules prior to publication. 28.15(1) Grounds. The board may make a rule effective after its filing at any stated time prior to 35 days after its indexing and publication in the Iowa Administrative Bulletin if it finds that a statute so provides, the rule confers a benefit or removes a restriction on some segment of the public, or that the effective date of the rule is necessary to avoid imminent peril to the public health, safety, or welfare. The board shall incorporate the required finding and a brief statement of its supporting reasons in each rule adopted in reliance upon this subrule. 28.15(2) Special notice. When the board makes a rule effective prior to its indexing and publication in reliance upon the provisions of Iowa Code section 17A.5(2)“b,” the board shall employ all reasonable efforts to make its contents known to the persons who may be affected by that rule prior to the rule’s indexing and publication. The term “all reasonable efforts” requires the board to employ the most effective and prompt means of notice rationally calculated to inform potentially affected parties of the effectiveness of the rule that is justified and practical under the circumstances considering the various alternatives available for this purpose, the comparative costs to the board of utilizing each of those alternatives, and the harm suffered by affected persons from any lack of notice concerning the contents of the rule prior to its indexing and publication.657—28.16(17A) Review by board of rules. Over each five-year period of time beginning July 1, 2012, the board shall conduct an ongoing and comprehensive review of all the board’s rules pursuant to Iowa Code section 17A.7(2). The purpose of the review is to identify and eliminate all rules that are outdated, redundant, or inconsistent or incompatible with statute, other board rules, or rules of other agencies. When the board’s five-year review of its rules is completed, the board shall summarize the results and provide the summary to the ARC and the ARRC. These rules are intended to implement Iowa Code sections 17A.1 through 17A.9A.ARC 3372CProfessional Licensure Division[645]Notice of Intended ActionTwenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)“b.”
Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.
Pursuant to the authority of Iowa Code sections 147.7, 147.76 and 157.14, the Board of Cosmetology Arts and Sciences hereby gives Notice of Intended Action to amend Chapter 60, “Licensure of Cosmetologists, Electrologists, Estheticians, Manicurists, Nail Technologists, and Instructors of Cosmetology Arts and Sciences,” Chapter 61, “Licensure of Salons and Schools of Cosmetology Arts and Sciences,” and Chapter 64, “Continuing Education for Cosmetology Arts and Sciences,” Iowa Administrative Code. This rule making discusses licensure procedures for practitioners and establishments. These amendments update language to reflect provisions in the Iowa Code, clarify licensure requirements and remove temporary-permit requirements. The amendments align posting requirements for schools with those of salons and update curriculum requirements to include online coursework and allowable excused absences. These amendments update language to reflect provisions in the Iowa Code related to compliance with continuing education requirements for active duty military and extend continuing education protocols to the spouse of an active duty military service person. These amendments reduce the number of continuing education hours from eight hours biennially to reflect the minimum of six hours required by Iowa Code section 272C.2A to be earned during the two years immediately prior to a licensee’s license renewal. These amendments further update the required number of continuing education hours for consistency across chapters and remove outdated language. Consideration will be given to all written comments on the proposed amendments received no later than Tuesday, October 31, 2017, addressed to Venus Vendoures Walsh, Professional Licensure Division, Department of Public Health, Lucas State Office Building, Des Moines, Iowa 50319-0075; e-mail venus.vendoures-walsh@idph.iowa.gov. A public hearing will be held on Tuesday, October 31, 2017, from 12:30 to 1 p.m. in the Fifth Floor Board Conference Room 526, Lucas State Office Building, 321 East 12th Street, Des Moines, Iowa, at which time persons may present their views either orally or in writing. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the proposed amendments. A waiver provision is not included in this rule making because all administrative rules of the professional licensure boards in the Division of Professional Licensure are subject to the waiver provisions accorded under 645—Chapter 18. After analysis and review of this rule making, no impact on jobs has been found. These amendments are intended to implement Iowa Code chapters 147, 157 and 272C. The following amendments are proposed.
ITEM 1. Amend subrule 60.2(1) as follows: 60.2(1) Requirements for licensure. All persons providing services in one or more cosmetology arts and sciences disciplines shall hold a license issued by the board. The applicant shall: a. Submit a completed, board-approved application for licensureonline at www.ibplicense.iowa.gov. ApplicationPaper application forms may be obtained from the board’s Web site (www.idph.state.ia.us/licensure) or directly from the board office. Completedpaper applications and appropriate fees shall be sent to Board of Cosmetology Arts and Sciences, Professional Licensure Division, Fifth Floor, Lucas State Office Building, Des Moines, Iowa 50319-0075. b. Direct the educational program to submit to the board a diploma or an official transcriptindicating date of graduation and completion of gradesrequired hours in each practice discipline for which the applicant is requesting licensure. c. If the applicant graduated from a school that is not licensed by the board, the applicant shall direct the school to provide an official transcript showing completion of a course of study that meets the requirements of rule 645—61.14(157). d. Foreign-trained applicants.If educated outside the United States, the applicant shall attach an original evaluation of the applicant’s education from World Education Services (WES) or any other accredited evaluation service. An applicant may obtain an application for evaluation by contacting WESonline at www.wes.org or at (212)966-6311, or by writing to WES, P.O. Box 5087, Bowling Green Station, New York, New York 10274-5087. c. e. Examination requirements.Pass a national examination as prescribed by the board for the particular practice discipline with a score of 75 percent or greater. (1) If applying for licensure by examination on or after January 1, 2008, submit the test registration and registration fee directly to the test service.The applicant shall submit the test registration fee directly to the test service PSI at www.psiexams.com. NIC examinations are administered according to guidelines set forth by the National-Interstate Council of State Boards of Cosmetology. (2) If applying for licensure by endorsement,the applicant shall complete the requirements set forth in rule 645—60.7(157). ITEM 2. Amend subrule 60.2(3) as follows: 60.2(3) Conditions. The following conditions apply for all cosmetology arts and sciences licenses. a. Incomplete applications that have been on file in the board office for more than two years shall be considered invalid and shall be destroyed. b. The licensure fee is nonrefundable. c. Licensees who were issued their initial licenses within six months prior to the license renewal beginning date shall not be required to renew their licenses until the renewal month two years later. d. Beginning April 1, 2008, aA new license granted by the board of cosmetology arts and sciences to an individual who holds multiple active licenses with the board shall have the same license expiration date as the licensee’s existing license(s). If the licensee holds only one active license with the board, the license expiration date shall be in the current renewal period unless licensure is issued within six months of the end of the renewal cycle, in which case subrule 60.8(2) shall apply. ITEM 3. Amend subrule 60.8(1) as follows: 60.8(1) Biennial license renewal period for a license to practice cosmetology arts and sciences. a. Prior to April 1, 2008: (1) The renewal period shall begin on April 1 of one year and end on March 31 two years later. All licensees shall renew on a biennial basis. (2) The board shall send a renewal notice by regular mail to each licensee at the address on record at least 60 days prior to the expiration of the license. (3) The licensee is responsible for renewing the license prior to its expiration. Failure of the licensee to receive the notice does not relieve the licensee of the responsibility for renewing the license. b. Beginning April 1, 2008: (1) A licensee who has a license due for renewal in an even-numbered year shall renew all active licenses with the board by April 1, 2008. If one or more licenses are due for renewal in an odd-numbered year, the renewal fee for those licenses shall be prorated. Such prorated license fees shall apply only during the April 1, 2008, renewal period. (2) a. The renewal period shall begin on April 1 of one year and end on March 31 two years later. All licensees shall renew on a biennial basis. (3) b. The board shallmay send a renewal notice by regular mail to each licensee at the address on record at least 60 days prior to the expiration of the license. (4) c. The licensee is responsible for renewing the license prior to its expiration. Failure of the licensee to receive the notice does not relieve the licensee of the responsibility for renewing the license.(5) Licensees who renew their licenses one year early shall be subject to continuing education requirements by April 1, 2010. This extension does not apply to a license(s) originally scheduled for renewal on April 1, 2008. (6) d. A new or reactivated license granted by the board to a licensee who holds a current license in another practice discipline in cosmetology shall have the same license expiration date as the licensee’s other license(s). If the licensee does not have another active license with the board, the license expiration date shall be in the current renewal period unless the license is issued within six months of the end of the renewal cycle and subrule 60.8(2) applies. ITEM 4. Amend subrule 60.8(3) as follows: 60.8(3) License renewal.A licensee seeking renewal shall: a. Meet the continuing education requirements of rule 645—64.2(157). A licensee whose license was reactivated during the current renewal compliance period may use continuing education credit earned during the compliance period for the first renewal following reactivation; and b. Submit the completed renewal application and renewal fee before the license expiration date. c. Licensees currently licensed in Iowa but practicing exclusively in another stateor serving honorably as active duty military or the spouse of active duty military service personnel may comply with Iowa continuing education requirements for license renewal by meeting the continuing education requirements of the state where the licensee practices. Those licensees living and practicing exclusively in a state which has no continuing education requirement for renewal of a license shall not be required to meet Iowa’s continuing education requirement but shall pay all renewal fees when due. ITEM 5. Rescind and reserve rule 645—60.9(157). ITEM 6. Amend subparagraph 60.17(3)"a" as follows: (2) Verification of completion of 86 hours of continuing education that meet the continuing education standards defined in rule 645—64.3(157,272C) within two years of application for reactivation. ITEM 7. Amend subparagraph 60.17(3)"b" as follows: (2) Verification of completion of 1612 hours of continuing education that meet the continuing education standards defined in rule 645—64.3(157,272C) within two years of application for reactivation. ITEM 8. Amend subrule 60.17(4) as follows: 60.17(4) Licensees who are instructors of cosmetology arts and sciences shall obtain an additional 86 hours of continuing education in teaching methodologyas prescribed in 645—Chapter 64. ITEM 9. Amend rule 645—61.1(157), definition of “Salon license,” as follows: "Salon license" meansa license issued to anIowa establishment licensed to provide cosmetologyarts and sciences services to paying customers. ITEM 10. Amend rule 645—61.2(157), introductory paragraph, as follows:645—61.2(157) Salon licensing. No person shall operate a salon unless the owner has obtained a license issued by the board. A separate enclosed area inside a salon that is operated as an independent business for the purpose of providing cosmetology services shall be considered its own salon and shall not operate unless a salon license is obtained.To determine what defines an independent contractor versus an employee, persons should contact the Iowa division of labor services. ITEM 11. Amend subrule 61.2(2) as follows: 61.2(2) Each salon shall meet the requirements for sanitary conditions established in 645—Chapter 63 to be eligible for licensing. The salon shallmay be inspected for compliance with sanitation rules within 12 months following the issuance of the salon license. ITEM 12. Amend subrule 61.2(3) as follows: 61.2(3) Business may commence at the salon following receiptactivation of the license. ITEM 13. Amend paragraph 61.2(6)"e" as follows: e. The owner shall notify the board in writing of a change of name or address within 30 days after the occurrence and, in addition, shall return the current certificate and pay the reissued certificate fee as specified in rule 645—62.1(147,157)645—5.5(147,157). ITEM 14. Amend subrule 61.3(2) as follows: 61.3(2) A renewal of license applicationnotice shall beelectronically mailed to the owner of the salon at least 60 days prior to the expiration of the license. Failure to receive the renewal applicationnotice shall not relieve the owner of the obligation to pay the biennial renewal fee on or before the renewal date. ITEM 15. Amend subrule 61.3(6) as follows: 61.3(6) If the renewal fee and renewal application are postmarkedreceived in the office after the license expiration date, but within 30 days following the expiration date, the late fee for failure to renew before expiration shall be charged. ITEM 16. Rescind rule 645—61.7(157) and adopt the following new rule in lieu thereof:645—61.7(157) Licensure for schools of cosmetology arts and sciences. 61.7(1) An application for a school license shall be submitted 90 days prior to the anticipated opening day of the school to the Board of Cosmetology Arts and Sciences, Iowa Department of Public Health, Lucas State Office Building, Des Moines, Iowa 50319-0075. Prior to board review, the application shall include: a. A complete plan of the physical facilities and an explanation detailing how the facilities will be utilized relative to classrooms, clinic space, and a mentoring program; b. A list of the names of licensed instructors including the school director(s) for the proposed school if the instructors and school director(s) have been hired by the school at the time of application; c. Copies of the catalog, brochure, enrollment contract, student policies, and cancellation and refund policies that will be used by the school or distributed by the school to students and the public; and d. The school’s course of study and curriculum, which shall meet the course of study requirements outlined in rule 645—61.14(157). 61.7(2) Prior to issuance of the school license, the school shall: a. Submit a final list of licensed instructors and director(s) hired for the school. The number of instructors must meet the requirement outlined in Iowa Code section 157.8, with the exception of instructors for the mentoring program; and b. Meet the requirements of this chapter and 645—Chapter 63 and pass the board’s inspection of the facility. 61.7(3) The school owner shall be interviewed by the board during the review of the application. 61.7(4) After all criteria have been met, the school license shall be granted for the location(s) identified in the school’s application. 61.7(5) Instruction of students shall not begin until the school license is activated. 61.7(6) The school must provide proof of registration with the Iowa college student aid commission. 61.7(7) Incomplete applications that have been on file in the board office for more than two years shall be considered invalid and shall be destroyed. The records shall be maintained after two years only if the applicant submits a written request to the board. 61.7(8) Existing school license, new location. A change of location shall require submission of an application for a new school license and payment of the license fee 90 days in advance of the anticipated date of opening. A change of address without a change of actual location shall not be construed as a new site. 61.7(9) Existing school license, new name. The owner shall notify the board in writing of a change of name within 30 days after the occurrence. In addition, the owner shall return the current certificate and pay the reissued certificate fee as specified in rule 645—5.5(147,157). 61.7(10) Existing school license, change of ownership. A school license is not transferable. A change in ownership of a school shall require the issuance of a new license. “Change in ownership” means any change of controlling interest in any corporation or any change of name of sole proprietorship or partnership. a. A school cannot be sold if disciplinary actions are pending. b. The board may request legal proof of the ownership transfer. c. If a school owner sells the school, that owner must send the license certificate and a report of the sale to the board within ten days of the date on which the sale is final. The owner of the school on record shall retain responsibility for the school until the new school owner has been issued an active school license. d. The new school owner shall follow all requirements as outlined in rule 645—61.7(157). This rule is intended to implement Iowa Code sections 147.80, 157.6 and 157.8. ITEM 17. Amend subrule 61.8(4) as follows: 61.8(4) If the renewal fee and renewal application are postmarkedreceived in the office after the license expiration date, but within 30 days following the expiration date, the late fee for failure to renew before expiration shall be charged. ITEM 18. Amend subrule 61.9(1) as follows: 61.9(1) If the renewal application and fee are not postmarkedreceived in the office within 30 days after the license expiration date, the school license is inactive. To reactivate the school license, the reactivation application and fee shall be submitted to the board. ITEM 19. Amend rule 645—61.10(157) as follows:645—61.10(157) Display requirements for schools. 61.10(1) Every school shall have a sign visible outside the entrance designating the place of business. 61.10(2) A school license and the current renewal card shall be posted and visible to the public in the reception area at eye levelschool’s front entrance area to provide the public a full unobstructed view of the license.Photocopies and electronic copies are not acceptable. 61.10(3) The originalcurrent license certificate, duplicate certificate, or reissued certificaterenewal card for each instructor working at the school shall be visibly displayedposted in the reception area at eye levelschool’s front entrance area to provide the public a full unobstructed view of the license.Photocopies and electronic copies are not acceptable. ITEM 20. Rescind rule 645—61.12(157) and adopt the following new rule in lieu thereof:645—61.12(157) Physical requirements for schools of cosmetology arts and sciences. The school shall meet the following physical requirements: 61.12(1) The school premises shall have a minimum floor space of 3,000 square feet. 61.12(2) Each school shall provide a minimum of 100 square feet per student. When the enrollment in a school exceeds 30 students, additional floor space of 30 square feet shall be required for each additional student enrolled in the school. 61.12(3) Each licensed school offering a full cosmetology arts and sciences curriculum shall provide the following: a. At least one clinic area where the paying public will receive services. The clinic area shall be confined to the premises occupied by the school. b. A theory classroom(s) separate from the clinic area. c. A library that is maintained for students and consists of textbooks, current trade publications and business management materials. d. A separate area that shall be used as a dispensary. The dispensary shall be equipped with a lavatory, shelves or drawers for storing chemicals, cleansing agents and items, sterilization equipment and any other sanitation items required by 645—Chapter 63. Clean items and dirty items in the dispensary must be kept separated as required by 645—Chapter 63. e. Two restrooms that are equipped with toilets, lavatories, soap and disposable paper towel dispensers. f. A laundry room that is separated from the clinic area by a full wall or partition. Students may not lounge, eat, practice or study in the laundry room. g. A separate room that is equipped for the practice of esthetics and electrology. h. An administrative office. 61.12(4) Each licensed school offering a single discipline cosmetology arts and sciences curriculum shall provide the same physical space as outlined in 61.12(3). Single discipline schools are exempt from 61.12(3)“g” if the board did not originally approve an electrology or esthetics course of study in the curriculum. This rule is intended to implement Iowa Code sections 157.6 and 157.8. ITEM 21. Rescind rule 645—61.13(157) and adopt the following new rule in lieu thereof:645—61.13(157) Minimum equipment requirements. Each school of cosmetology arts and sciences shall have the following minimum equipment:- Workstations equipped with chair, workstation, closed drawer or container for sanitized articles, and mirror (maximum of two students per unit);
- Treatment room(s) when electrology or esthetics or both are offered;
- One set of textbooks for each student and instructor;
- Shampoo bowls located in the clinic area and readily accessible for students and clients if the school offers a curriculum course in cosmetology;
- Audiovisual equipment available for each classroom;
- Chair and table area for each student in the classroom; and
- Labeled bottles and containers showing intended use of the contents.
Twenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)“b.”
Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.
Pursuant to the authority of Iowa Code sections 147.76 and 152D.5, the Board of Athletic Training hereby gives Notice of Intended Action to amend Chapter 351, “Licensure of Athletic Trainers,” Iowa Administrative Code. These amendments are mainly technical in nature and are related to the updating of current Web sites and contact information for the Bureau of Professional Licensure and for Board of Certification (BOC) examination services. The amendments also remove out-of-date language to reflect current licensure processes. Consideration will be given to all written comments on the proposed amendments received no later than October 31, 2017, addressed to Venus Vendoures Walsh, Professional Licensure Division, Department of Public Health, Lucas State Office Building, Des Moines, Iowa 50319-0075; e-mail venus.vendoures-walsh@idph.state.ia.us. A public hearing will be held on Tuesday, October 31, 2017, from 1 to 1:30 p.m. in the Fifth Floor Board Conference Room 526, Lucas State Office Building, 321 East 12th Street, Des Moines, Iowa, at which time persons may present their views either orally or in writing. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the proposed amendments. A waiver provision is not included in this rule making because all administrative rules of the professional licensure boards in the Division of Professional Licensure are subject to the waiver provisions accorded under 645—Chapter 18. After analysis and review of this rule making, no impact on jobs has been found. These amendments are intended to implement Iowa Code chapters 147, 152D and 272C. The following amendments are proposed.
ITEM 1. Amend subrule 351.2(1) as follows: 351.2(1) The applicant shall complete a board-approved application packet. Application forms may be obtained from the board’s Web site (http://www.idph.state.ia.us/licensure)(http://idph.iowa.gov/Licensure/Iowa-Board-of-Athletic-Training) or directly from the board office. All applications shall be sent to Board of Athletic Training, Professional Licensure Division, Fifth Floor, Lucas State Office Building, Des Moines, Iowa 50319-0075. ITEM 2. Rescind subrules 351.2(8) to 351.2(11) as follows: .(8) An applicant for licensure who has not successfully completed the BOC examination by July 1, 2004, but who complies with subrules 351.2(1) through 351.2(4) shall be issued a temporary license to practice athletic training for a period not to extend beyond July 1, 2007, provided that the applicant satisfies all of the following requirements: a. Submits to the board a letter of recommendation from the applicant’s most recent employer when the applicant was employed as an athletic trainer. The letter shall include the dates of employment and the employee’s job description and shall provide the name of the physician or physician assistant responsible for direction of the care. b. Submits to the board a letter of recommendation from two licensed physicians who were responsible for the direction of care provided by the applicant attesting to the competency of the applicant. The letters of recommendation shall include the dates the physician was responsible for the direction of the care provided by the applicant and the athletic training service plan. The letter shall also include the name of the employer at the time the physician was responsible for direction of care. c. Submits to the board satisfactory evidence of current cardiopulmonary resuscitation and first-aid certification. d. Official academic transcripts sent directly from the school are received by the board showing applicant possesses a baccalaureate degree from an accredited college or university. .(9) An applicant issued a temporary license must successfully complete the BOC examination by July 1, 2007, and satisfy licensure requirements specified in Chapter 351 in order to maintain licensure. The licensee will be issued an initial license following submission of proof of successful completion of the examination received directly from the BOC and satisfying licensure requirements. No fee will be assessed for this initial license. Once the initial license is issued, the licensee will be eligible for license renewal in the next biennial renewal period and shall be subject to requirements specified in 645—351.9(147), except as noted in 351.2(10). .(10) A licensee who obtain an initial license following a temporary license as specified in subrule 351.2(8) is not eligible for the exception in 351.9(2), paragraph “b,” and must pay the license renewal fee specified in 645—subrule 354.1(2) for the biennial license renewal. .(11) As with licensed athletic trainers, applicants issued temporary licenses are accountable for meeting the criteria in Iowa Code chapters 147 and 152D and 645—Chapters 351 through 353, with the exception of 351.2(8), 351.2(9) and 351.2(10). ITEM 3. Amend subrule 351.3(2) as follows: 351.3(2) Foreign-trained athletic trainers shall: a. Provide an equivalency evaluation of their educational credentials by International Educational Research Foundations, Inc., Credentials Evaluation Service, P.O. Box 3665, Culver City, CA 90231-3665,; telephone (310)258-9451,; Web site www.ierf.org or E-maile-mail at info@ierf.org. The professional curriculum must be equivalent to that stated in these rules. A candidate shall bear the expense of the curriculum evaluation.An applicant who has passed the BOC examination is exempt from this requirement. b. Provide a notarized copy of the certificate or diploma awarded to the applicant from an athletic training program in the country in which the applicant was educated.An applicant who has passed the BOC examination is exempt from this requirement. c. Receive a final determination from the board regarding the application for licensure. d. Pass the BOC examination. Official results are to be submitted directly to the board from the BOC. ITEM 4. Amend subrule 351.4(1) as follows: 351.4(1) The examination required by the board shall be the BOC examination. Application and information may be obtained from the BOC Offices, 4223 S. 143rd Circle1415 Harney Street, Suite 200, Omaha, NE 6813768102,; telephone (402)559-0091,; Web site www.bocatc.orgor e-mail at BOC@bocatc.org.ARC 3350CPublic Health Department[641]Notice of Intended ActionTwenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)“b.”
Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.
Pursuant to the authority of Iowa Code section 135.152 and 2017 Iowa Acts, House File 393, division IV, the Iowa Department of Public Health hereby gives Notice of Intended Action to rescind Chapter 75, “Statewide Obstetrical and Newborn Indigent Patient Care Program,” Iowa Administrative Code. 2017 Iowa Acts, House File 393, division IV, section 24, repeals Iowa Code section 135.152 that directed the Department to establish the obstetrical and newborn indigent patient care program. The rules for administration of the program are located in Chapter 75. The proposed amendment rescinds Chapter 75. Any interested person may make written comments or suggestions on the proposed amendment on or before October 31, 2017. Such written comments or suggestions should be directed to Marcus Johnson-Miller, Bureau Chief of Family Health, Department of Public Health, 321 East 12th Street, Des Moines, Iowa 50319. Comments may be sent by e-mail to marcus.johnson-miller@idph.iowa.gov. After analysis and review of this rule making, no impact on jobs has been found. This amendment is intended to implement Iowa Code section 135.152 and 2017 Iowa Acts, House File 393, division IV. The following amendment is proposed.
ITEM 1. Rescind and reserve 641—Chapter 75.ARC 3351CPublic Health Department[641]Notice of Intended ActionTwenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)“b.”
Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.
Pursuant to the authority of Iowa Code section 135.12 and 2017 Iowa Acts, House File 653, the Iowa Department of Public Health hereby gives Notice of Intended Action to rescind Chapter 82, “Office of Minority and Multicultural Health,” Iowa Administrative Code. 2017 Iowa Acts, House File 653, division XXIII, removes all references to the Office of Minority and Multicultural Health from the Iowa Code. House File 653 removes the underlying statutory authority for Chapter 82. This proposed amendment will rescind Chapter 82. Any interested person may make written suggestions or comments on this proposed amendment on or before October 31, 2017. Such written comments should be directed to Bob Russell, Bureau of Oral Health Delivery Systems, Iowa Department of Public Health, 321 East 12th Street, Des Moines, Iowa 50319. Comments may be sent by e-mail to bob.russell@idph.iowa.gov. After analysis and review of this rule making, no impact on jobs has been found. This amendment is intended to implement 2017 Iowa Acts, House File 653, division XXIII. The following amendment is proposed.
ITEM 1. Rescind and reserve 641—Chapter 82.ARC 3379CPublic Health Department[641]Notice of TerminationPursuant to the authority of Iowa Code sections 17A.3(1)“b” and 136.3(9), the Iowa Department of Public Health hereby terminates the rule making initiated by its Notice of Intended Action published in the Iowa Administrative Bulletin as ARC 3151C on July 5, 2017, proposing to amend Chapter 154, “Medical Cannabidiol Act Registration Card Program,” Iowa Administrative Code. During the public comment period, two written comments were received that addressed the topic of medical cannabidiol generally, but did not specifically address the amendments proposed in ARC 3151C. A public hearing was held on August 9, 2017, during which no public comments were received. The amendments proposed in the Notice of Intended Action were also Adopted and Filed Emergency as ARC 3150C. Those amendments are already in effect and, due to the lack of public comments received, the Department sees no need to proceed with this rule making. After analysis and review of this rule making, no impact on jobs has been found. The State Board of Health approved the termination of this rule making on September 13, 2017.
ARC 3352CPublic Health Department[641]Notice of Intended ActionTwenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)“b.”
Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.
Pursuant to the authority of Iowa Code chapter 135 and 2017 Iowa Acts, House File 393, the Iowa Department of Public Health hereby gives Notice of Intended Action to rescind Chapter 206, “Iowa Health Information Network,” Iowa Administrative Code. 2017 Iowa Acts, House File 393, division VI, finalizes the transition of the Iowa Health Information Network outside of state government. Pursuant to 2015 Iowa Acts, House File 381 (86th General Assembly), the Iowa Department of Public Health engaged in a competitive bid process to move the management and governance of the Iowa Health Information Network outside of state government. The transition of duties to the designated entity occurred by agreement effective March 31, 2017. Accordingly, as provided in 2015 Iowa Acts, House File 381, Iowa Code sections 135.154 through 135.156F are repealed effective March 31, 2017, and Iowa Code sections 135D.1 through 135D.7 take effect. The rules associated with these repealed Iowa Code sections are proposed to be rescinded. Any interested person may make written suggestions or comments on this proposed amendment on or before October 31, 2017. Such written comments should be directed to Sarah Brooks, Bureau of Information Management, Iowa Department of Public Health, 321 East 12th Street, Des Moines, Iowa 50319. Comments may be sent by e-mail to sarah.brooks@idph.iowa.gov. After analysis and review of this rule making, no impact on jobs has been found. This amendment is intended to implement Iowa Code section 135.156E and 2017 Iowa Acts, House File 393, division VI. The following amendment is proposed.
ITEM 1. Rescind and reserve 641—Chapter 206.ARC 3366CTransportation Department[761]Notice of Intended ActionNotice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.
Pursuant to the authority of Iowa Code sections 307.12, 307A.2 and 314.27, the Iowa Department of Transportation hereby gives Notice of Intended Action to amend Chapter 105, “Holiday Rest Stops,” and Chapter 106, “Promotion of Iowa Agricultural Products at Rest Areas,” and to rescind Chapter 123, “Rest Area Sponsorship Program,” Iowa Administrative Code. The proposed amendments to Chapter 105 correct implementation statutes and the chapter’s implementation sentence, add the Department’s Web site, and eliminate unnecessary language. The proposed amendments to Chapter 106 add the Department’s Web site and eliminate unnecessary language. The Department is proposing to rescind Chapter 123. The Department developed this chapter based on the Federal Highway Administration allowing sponsorships of interstate rest areas. Once the rules were in place, the Department promoted the program and held a letting to secure sponsors. Only eight rest areas were adopted, resulting in only $55,000 of sponsorship funds per year. The Department conducted additional promotions, held a second letting and received no bidders. Once the three-year term expired, none of the current sponsors were interested in future sponsorships. Other states have experienced the same lack of interest. The restrictions put on the program by the Federal Highway Administration severely limited the benefits that potential sponsors would receive. These rules do not provide for 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. Any person or agency may submit written comments concerning these proposed amendments or may submit a written request to make an oral presentation. The comments or request shall:
A meeting to hear requested oral presentations is scheduled for Thursday, November 2, 2017, at 10 a.m. in the Administration Building, First Floor, South Conference Room, Iowa Department of Transportation, 800 Lincoln Way, Ames, Iowa. The meeting will be canceled without further notice if no oral presentation is requested. After analysis and review of this rule making, no impact on jobs has been found. These amendments are intended to implement Iowa Code section 314.27 and 1995 Iowa Acts, chapter 18, section 2. The following amendments are proposed.
- The Saturday, Sunday, and Monday of Memorial Day weekend and Labor Day weekend, starting at noon on the preceding Friday and ending at midnight between Monday and Tuesday of the holiday weekend.
- The period surrounding Independence Day, starting at noon on July 1 and ending at midnight between July 6 and July 7.
- The period surrounding Thanksgiving starting at noon the day before Thanksgiving and ending at midnight between Sunday and Monday of the holiday weekend.
- The period surrounding Christmas starting at noon on December 23 and ending at midnight between December 26 and December 27.
Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.
Pursuant to the authority of Iowa Code sections 307.12 and 307A.2, the Iowa Department of Transportation hereby gives Notice of Intended Action to amend Chapter 150, “Improvements and Maintenance on Primary Road Extensions,” Iowa Administrative Code. The Department proposes amending Chapter 150 to improve the overall quality of the language in the chapter as well as to provide more positive guidance and remove ambiguities. There are currently 13 separate occurrences in Chapter 150 which include “expect” and “expected” language in the form of “the department shall expect the city to” or “the city shall be expected to.” Couching responsibilities in the form of “expectations” creates ambiguity about whether action is required, which diminishes the ability to attain consistent standards, and accordingly, the Department determined that this language should be amended to better define the responsibilities for the Department and for cities. To address this, the Department proposes amending these rules to strike “expect” language and replace it with “shall” language (see Items 4, 5, 7, 8, 10 and 12). In Item 15, the Department proposes adding new rule 761—150.5(307) to reference 761—Chapter 11, Waiver of rules, to assist the Department and cities in unforeseen special circumstances. A city may submit a petition to the Department’s rules administrator to request a waiver of specific requirements of Chapter 150, and the petition for waiver must follow the procedures set out in 761—subrule 11.5(2). If the waiver request involves the interstate highway system, the request must also be approved by the Federal Highway Administration. The Department also proposes making the following changes to Chapter 150:
A meeting to hear requested oral presentations is scheduled for Thursday, November 2, 2017, at 9 a.m. in the Administration Building, First Floor, South Conference Room, Iowa Department of Transportation, 800 Lincoln Way, Ames, Iowa. The meeting will be canceled without further notice if no oral presentation is requested. After analysis and review of this rule making, no impact on jobs has been found. These amendments are intended to implement Iowa Code sections 17A.9A, 306.4, 307.12, 309.1, and 321E.3 and chapters 306A and 318. The following amendments are proposed.
Pursuant to the authority of Iowa Code section 96.11, the Director of the Department of Workforce Development hereby gives notice that a public hearing will be held on November 20, 2017, at 10 a.m. at the IWD Board Room, Room 135, Iowa Workforce Development Department, 1000 East Grand Avenue, Des Moines, Iowa, 50319. The purpose of the public hearing is to receive oral or written comments on the proposed amendments to Chapter 23, “Employer’s Contribution and Charges,” and Chapter 24, “Claims and Benefits,” Iowa Administrative Code. Notice of Intended Action was published in the Iowa Administrative Bulletin as ARC 3280C on August 3, 2017. After analysis and review of this rule making, no impact on jobs has been found.
ARC 3381CCollege Student Aid Commission[283]Filed Emergency After NoticePursuant to the authority of Iowa Code section 261.3, the Iowa College Student Aid Commission hereby amends Chapter 8, “All Iowa Opportunity Scholarship Program,” and rescinds Chapter 9, “All Iowa Opportunity Foster Care Grant Program,” Iowa Administrative Code. The adopted amendments reflect changes to Iowa Code sections 261.6 and 261.87 enacted in 2017 Iowa Acts, House File 642, sections 43 and 47. Section 43 rescinded the All Iowa Opportunity Foster Care Grant Program, and section 47 includes eligible foster care students as priority recipients under the All Iowa Opportunity Scholarship Program, eliminates the grade point average requirement, and increases the number of awards a student may receive. Notice of Intended Action was published in the Iowa Administrative Bulletin on June 21, 2017, as ARC 3125C. The adopted amendments are identical to the amendments published under Notice. The agency finds that the normal effective date of these amendments, 35 days after publication, should be waived and the amendments made effective September 20, 2017. The agency finds that these amendments confer a benefit on the public by ensuring clarity with respect to changes that affect program administration for the 2017-18 school year. Therefore, these amendments are filed pursuant to Iowa Code section 17A.5(2)“b”(1)(b), and the normal effective date of these amendments is waived. After analysis and review of this rule making, the Commission finds that there is no impact on jobs. These amendments are intended to implement Iowa Code chapter 261 and 2017 Iowa Acts, House File 642, sections 43 and 47. These amendments became effective September 20, 2017. The following amendments are adopted.
ITEM 1. Amend rule 283—8.2(261) as follows:283—8.2(261) Definitions. As used in this chapter: "Eligible college or university" means an Iowa community college, an institution of higher education governed by the state board of regents, or an accredited private institution located in Iowa that meets all eligibility requirements set forth in Iowa Code section 261.9. All eligible colleges and universities must submit annual reports which include student and faculty information, enrollment and employment information, and other information required by the commission as described in Iowa Code section 261.9. "Eligible foster care student" means a person who has a high school diploma or a high school equivalency diploma under Iowa Code chapter 259A and is described by any of the following:- Is age 17 and is in a court-ordered placement under Iowa Code chapter 232 under the care and custody of the department of human services or juvenile court services.
- Is age 17 and has been placed in a state juvenile institution pursuant to a court order entered under Iowa Code chapter 232 under the care and custody of the department of human services.
- Is age 18 through 23 and is described by any of the following:
- On the date the person reached age 18 or during the 30 calendar days preceding or succeeding that date, the person was in a licensed foster care placement pursuant to a court order entered under Iowa Code chapter 232 under the care and custody of the department of human services or juvenile court services.
- On the date the person reached age 18 or during the 30 calendar days preceding or succeeding that date, the person was under a court order under Iowa Code chapter 232 to live with a relative or other suitable person.
- The person was in a licensed foster care placement pursuant to an order entered under Iowa Code chapter 232 prior to being legally adopted after reaching age 16.
- On the date the person reached age 18 or during the 30 calendar days preceding or succeeding that date, the person was placed in a state juvenile institution pursuant to a court order entered under Iowa Code chapter 232 under the care and custody of the department of human services.
Pursuant to the authority of Iowa Code section 261.3, the Iowa College Student Aid Commission hereby adopts new Chapter 11, “Iowa Tuition Grant Program—For-Profit Institutions,” Iowa Administrative Code. The adopted chapter includes guidance for the administration of new Iowa Code section 261.16A enacted in 2017 Iowa Acts, House File 642, sections 15 and 17. Sections 15 and 17 provide eligibility requirements for student and institutional participation in the Iowa Tuition Grant Program for eligible students attending Iowa for-profit institutions. Notice of Intended Action was published in the Iowa Administrative Bulletin on June 21, 2017, as ARC 3126C. The adopted amendment is identical to the amendment published under Notice, except that an implementation sentence has been added to the end of the chapter. The agency finds that the normal effective date of this amendment, 35 days after publication, should be waived and the amendment made effective September 20, 2017. The agency finds that this amendment confers a benefit on the public by ensuring clarity with respect to changes that affect program administration for the 2017-18 school year. Therefore, this amendment is filed pursuant to Iowa Code section 17A.5(2)“b”(1)(b), and the normal effective date of this amendment is waived. After analysis and review of this rule making, the Commission finds that there is no impact on jobs. This amendment is intended to implement Iowa Code chapter 261 as amended by 2017 Iowa Acts, House File 642, sections 15 and 17. This amendment became effective September 20, 2017. The following amendment is adopted.
ITEM 1. Adopt the following new 283—Chapter 11: CHAPTER 11IOWA TUITION GRANT PROGRAM—FOR-PROFIT INSTITUTIONS283—11.1(261) Tuition grant based on financial need to Iowa residents enrolled at eligible private institutions of postsecondary education in Iowa. 11.1(1) Financial need. The need of an applicant for financial assistance under the Iowa tuition grant program—for-profit institutions shall be evaluated annually on the basis of a confidential statement of family finances filed on a form designated by the commission. For the purposes of determining financial need, the commission has adopted the use of the Free Application for Federal Student Aid (FAFSA), a federal form used to calculate a formula developed by the U.S. Department of Education, the results of which are used to determine relative need. The FAFSA must be received by the processing agent by the date specified in the application instructions. 11.1(2) Tuition and mandatory fees. Tuition and mandatory fees shall be defined as those college costs paid annually by all students enrolled in eligible institutions on a full-time basis as reported annually to the commission by each participating eligible institution. Each eligible institution also will provide annually its rates for part-time tuition and fees to the commission. 11.1(3) Student eligibility. A recipient must be an Iowa resident enrolled for at least three semester hours, or the quarter- or clock-hour equivalent, in a program of study eligible for federal student aid programs authorized under Title IV of the Higher Education Act of 1965, as amended. “Iowa resident” means an individual who meets the residency requirements established in 283—Chapter 10. a. An eligible student attending a school defined in 11.2(1)“a” must be enrolled in a program of study that leads to a degree. b. An eligible student attending a school defined in 11.2(1)“b” must be enrolled in a program of study that prepares the student for licensure as a barber in the state of Iowa as provided in Iowa Code chapter 158, or enrolled in a cosmetology arts and sciences program of study that prepares the student for licensure in the state of Iowa as provided in Iowa Code chapter 157. 11.1(4) Extent of grant. Iowa tuition grants are provided during the traditional nine-month academic year generally defined as September through May. a. Students attending institutions defined in 11.2(1)“a” may receive no more than 8 semesters of full-time Iowa tuition grants or 16 part-time semesters. b. Students attending institutions defined in 11.2(1)“b” may receive no more than 4 semesters, or the quarter- or clock-hour equivalent, of full-time Iowa tuition grants or 8 part-time semesters, or the quarter- or clock-hour equivalent. c. Students may receive a combined total of no more than 8 full-time semesters or 16 part-time semesters under the Iowa tuition grant for-profit and not-for-profit programs. d. A grant for summer enrollment may be provided if the recipient is enrolled in a commission-approved accelerated program that integrates summer attendance. The purpose of restricting summer Iowa tuition grants is to ensure that students who take classes during the summer do not exhaust Iowa tuition grant eligibility prior to completing four-year degree programs at eligible institutions, defined in 11.2(1)“a,” or prior to completing barber or cosmetology arts and sciences programs of study at eligible institutions, defined in 11.2(1)“b.” 11.1(5) Priority for grants. Applicants are ranked in order of the estimated amount which the family reasonably can be expected to contribute toward college expenses, and awards are granted to those who demonstrate need in order of expected family contribution, from lowest to highest, insofar as funds permit. 11.1(6) Award notification. A grant recipient is notified of the award by the eligible institution to which application is made. Each award notification must clearly indicate award amounts, the state programs from which funding will be received, and that funding is contingent upon the availability of state funds. Any award notification provided by an eligible institution on probation with the accrediting agency must be made contingent upon the eligible institution’s maintaining affiliation with the accrediting agency. The eligible institution is responsible for completing necessary verification and for coordinating other aid to ensure compliance with student eligibility requirements and allowable award amounts. The eligible institution reports changes in student eligibility to the commission. 11.1(7) Award transfers and adjustments. Recipients are responsible for promptly notifying the appropriate eligible institution of any change in enrollment or financial situation. The eligible institution will make necessary changes and notify the commission. 11.1(8) Restrictions. a. A student who is in default on a Stafford Loan, SLS Loan, or a Perkins/National Direct/National Defense Student Loan or who owes a repayment on any Title IV grant assistance shall be ineligible for assistance under the Iowa tuition grant program. The student regains eligibility under this rule by providing documentation to the institution that the student has regained eligibility under Title IV of the Higher Education Act of 1965, as amended. b. A student who is in default on a state award or owes a repayment on any state award is ineligible for assistance under the Iowa tuition grant program. Eligibility for state aid may be reinstated upon payment in full of the delinquent obligation or by commission ruling on the basis of adequate extenuating evidence presented in an appeal under the procedures set forth in 283—Chapters 4 and 5. Credits that a student receives through “life experience credit” and “credit by examination” are not eligible for tuition grant funding.283—11.2(261) Tuition grant institutional eligibility requirements. 11.2(1) Eligible institution. An institution requesting participation in the Iowa tuition grant program must apply to the college student aid commission using the commission’s designated application. a. A college or university participating in the Iowa tuition grant program under 2017 Iowa Acts, House File 642, section 15, must: (1) Be accredited by the Higher Learning Commission (HLC); and (2) Be an institution of higher learning located in Iowa which is operated privately and not controlled or administered by any state agency or any subdivision of the state, which is not exempt from taxation under Section 501(c)(3) of the Internal Revenue Code, and which meets all of the criteria described in Iowa Code section 261.9(1)“d” through “i”; and (3) Annually provide matching aggregate institutional financial aid to Iowa tuition grant recipients equal to a required percentage of the amount received by its students as described under 2017 Iowa Acts, House File 642, section 15 (institutional financial aid qualifying as match includes only institutional financial aid provided to students in periods of enrollment during which students are also receiving Iowa tuition grants); and (4) Effective January 8, 2010, have purchased an accredited private institution that was exempt from taxation under Section 501(c) of the Internal Revenue Code, or have students who were eligible to receive tuition grants in the fiscal year beginning July 1, 2003; and (5) Be located in Iowa. “Located in Iowa” means a college or university that is accredited by the Higher Learning Commission, that has made a substantial investment in a permanent Iowa campus and staff, that offers a full range of courses leading to the degrees offered by the institution as well as a full range of student services, and that is not required to register under Iowa Code chapter 261B. b. A school of cosmetology or barbering participating in the Iowa tuition grant program under 2017 Iowa Acts, House File 642, section 15, must: (1) Be a barber school licensed under Iowa Code section 158.7 or a school of cosmetology arts and sciences licensed under Iowa Code chapter 157 and be accredited by a national accrediting agency recognized by the United States Department of Education; and (2) Be an institution that is not exempt from taxation under Section 501(c)(3) of the Internal Revenue Code and be operated privately and not controlled or administered by any state agency or any subdivision of the state and meet all of the criteria described in Iowa Code section 261.9(1)“d” through “i”; and (3) For the fiscal year beginning July 1, 2017, provide a matching aggregate amount of institutional financial aid equal to at least 75 percent of the amount received by the institution’s students for Iowa tuition grant assistance under 2017 Iowa Acts, House File 642, section 17; for the fiscal year beginning July 1, 2018, provide a matching aggregate amount of institutional financial aid equal to at least 85 percent of the amount received in that fiscal year. Commencing with the fiscal year beginning July 1, 2019, and each succeeding fiscal year, the matching aggregate amount of institutional financial aid shall be at least equal to the match provided by eligible institutions under 2017 Iowa Acts, House File 642, section 15 (institutional financial aid qualifying as match includes only institutional financial aid provided to students in periods of enrollment during which students are also receiving Iowa tuition grants); and (4) Be located in Iowa. “Located in Iowa” means a school that is accredited by a national accrediting agency recognized by the United States Department of Education, that has made a substantial investment in a permanent Iowa campus and staff, that offers a full range of courses preparing students for a professional license, and that is not required to register under Iowa Code chapter 261B. 11.2(2) Processing institutional applications for participation. Application forms will be provided by the commission. a. Applicants are required to provide the commission with documentation establishing eligibility as described in 11.2(1). b. Applicants seeking to participate in the Iowa tuition grant program must submit applications by October 1 of the year prior to the beginning of the academic year for which they are applying for participation. c. Applicants must submit written plans outlining academic programs that integrate summer attendance in accelerated programs prior to making summer awards. If the summer program is approved by the commission, an applicant’s students may receive Iowa tuition grants beginning in the summer following approval. d. Academic programs at eligible institutions defined in 11.2(1)“a” which allow full-time students to complete four-year baccalaureate programs in less than the normal prescribed time period while taking the same courses as students completing the same degree during a traditional four-year time period will be approved for summer Iowa tuition grants. e. Academic programs at eligible institutions defined in 11.2(1)“b” which integrate summer attendance into the barber or cosmetology arts and sciences programs of study and allow full-time students to complete the program in less than the time period it would take to complete the same program of study without summer attendance will be approved for summer Iowa tuition grants. f. A summer academic program may be defined for a group of students or may be a self-directed program in which a student has received approval from appropriate officials of the eligible institution. 11.2(3) Notice of change of status. Any eligible institution which fails to meet the criteria set forth in 11.2(1) must immediately notify the commission. Failure to comply with this notice of change requirement may result in the eligible institution’s being required to return Iowa tuition grant funds to the commission. 11.2(4) Review of eligibility. a. The commission shall periodically, at least every three years, investigate and review compliance of institutions participating in the Iowa tuition grant program—for-profit institutions with criteria described in Iowa Code section 261.9 and this rule. b. If the commission finds that an eligible institution fails to comply with the provisions of Iowa Code section 261.9 and this rule, participation in the Iowa tuition grant program—for-profit institutions shall be suspended. 11.2(5) Reporting requirements. Every eligible institution participating in the Iowa tuition grant program shall submit an annual report which includes student and faculty information, enrollment and employment information, the amount of institutional matching financial aid dollars, and other information required by the commission as described in Iowa Code section 261.9.These rules are intended to implement Iowa Code chapter 261 as amended by 2017 Iowa Acts, House File 642, sections 15 and 17. [Filed Emergency After Notice 9/20/17, effective 9/20/17][Published 10/11/17]Editor’s Note: For replacement pages for IAC, see IAC Supplement 10/11/17.ARC 3353CHuman Services Department[441]Adopted and Filed EmergencyPursuant to the authority of Iowa Code section 249A.4 and 2017 Iowa Acts, House File 653, section 12(15)(c), the Department of Human Services amends Chapter 74, “Iowa Health and Wellness Plan,” Chapter 75, “Conditions of Eligibility,” and Chapter 76, “Enrollment and Reenrollment,” Iowa Administrative Code. These amendments eliminate the three-month retroactive Medicaid coverage benefit provisions for initial applications and applications to add new household members. Pursuant to 2017 Iowa Acts, House File 653, as passed during the 87th Session of the General Assembly, the Department requested a waiver from the Centers for Medicare and Medicaid Services of the U.S. Department of Health and Human Services to eliminate the retroactivity provisions. Upon federal approval, elimination of three-month retroactive eligibility for Medicaid applicants begins on October 1, 2017. The Council on Human Services adopted these amendments on September 13, 2017. Pursuant to Iowa Code section 17A.4(3), the Department finds that notice and public participation are unnecessary because emergency rule making is authorized by 2017 Iowa Acts, House File 653, section 12(15)(c). Pursuant to Iowa Code section 17A.5(2)“b”(1)(a), the Department also finds that the normal effective date of these amendments, 35 days after publication, should be waived and the amendments made effective October 1, 2017, because 2017 Iowa Acts, House File 653, section 12(15)(c), authorizes the Department to adopt emergency rules to implement this cost-containment strategy. These amendments are also published herein under Notice of Intended Action as ARC 3355C to allow for public comment. These amendments do not provide for waivers in specified situations because requests for the waiver of any rule may be submitted under the Department’s general rule on exceptions at 441—1.8(17A,217). After analysis and review of this rule making, it was determined that Medicaid providers may experience financial loss due to nonpayment of unpaid medical bills incurred in the three months prior to a Medicaid applicant’s filing of an application. The Administrative Rules Review Committee reviewed these amendments on September 12, 2017. These amendments are intended to implement Iowa Code section 249A.4 and 2017 Iowa Acts, House File 653, section 12(15)(a)(7). These amendments became effective October 1, 2017. The following amendments are adopted.
ITEM 1. Rescind subrule 74.5(2). ITEM 2. Renumber subrules 74.5(3) and 74.5(4) as 74.5(2) and 74.5(3). ITEM 3. Rescind subparagraph 75.1(35)"d". ITEM 4. Amend paragraph 75.1(35)"e" as follows: e. Medically needy income level (MNIL). (1) The MNIL is based on 133 1/3 percent of the schedule of basic needs, as provided in subrule 75.58(2), with households of one treated as households of two, as follows:Number of Persons12345678910MNIL$483$483$566$666$733$816$891$975$1058$1158Each additional person $116 (2) When determining household size for the MNIL, all potential eligibles and all individuals whose income is considered as specified in paragraph 75.1(35)“b” shall be included unless the person has been excluded according to the provisions of rule 441—75.59(249A). (3) The MNIL for the certification period shall be determined by adding both months’ MNIL to arrive at a total.The MNIL for the retroactive certification period shall be determined by adding each month of the retroactive period to arrive at a total. (4) The total net countable income for the certification period shall be compared to the total MNIL for the certification period based on family size as specified in subparagraph (2).If the total countable net income is equal to or less than the total MNIL, the medically needy individuals shall be eligible for Medicaid.If the total countable net income exceeds the total MNIL, the medically needy individuals shall not be eligible for Medicaid unless incurred medical expenses equal or exceed the difference between the net income and the MNIL. (5) Effective date of approval. Eligibility during the certification period or the retroactive certification period shall be effective as of the first day of the first month of the certification period or the retroactive certification period when the medically needy income level (MNIL) is met. ITEM 5. Amend subparagraph 75.1(35)"g" as follows: (1) Medical expenses that are incurred during the certification period may be used to meet spenddown. Medical expenses incurred prior to a certification period shall be used to meet spenddown if not already used to meet spenddown in a previous certification period and if all of the following requirements are met. The expenses:- Remain unpaid as of the first day of the certification period.
- Are not Medicaid-payable in a previous certification period or the retroactive certification period.
- Are not incurred during any prior certification period with the exception of the retroactive period in which the person was conditionally eligible but did not meet spenddown.
Pursuant to the authority of Iowa Code section 249A.4 and 2017 Iowa Acts, House File 653, section 91, the Department of Human Services amends Chapter 75, “Conditions of Eligibility,” and Chapter 76, “Enrollment and Reenrollment,” Iowa Administrative Code. These amendments remove references to medical assistance for family planning services, which refers to Medicaid under the Family Planning Network waiver. The state of Iowa will no longer provide Medicaid under the Family Planning Network waiver. The state of Iowa will continue to provide family planning services through the new state-funded Family Planning Program (FPP) pursuant to 2017 Iowa Acts, House File 653, section 90, as passed during the 87th Session of the General Assembly. Administrative rules for the new FPP are located at 441—Chapter 87. Pursuant to Iowa Code section 17A.4(3), the Department finds that notice and public participation are unnecessary because emergency rule making is authorized by 2017 Iowa Acts, House File 653, section 91. Pursuant to Iowa Code section 17A.5(2)“b”(1)(a), the Department also finds that the normal effective date of these amendments, 35 days after publication, should be waived and the amendments made effective October 1, 2017, because emergency rule making is authorized by 2017 Iowa Acts, House File 653, section 91. These amendments are also published herein under Notice of Intended Action as ARC 3356C to allow for public comment. These amendments do not provide for waivers in specified situations because requests for the waiver of any rule may be submitted under the Department’s general rule on exceptions at 441—1.8(17A,217). After analysis and review of this rule making, providers of family planning services may see an increase or decrease in staffing needs based on the number of individuals seeking family planning services from the providers’ agencies. The Administrative Rules Review Committee reviewed these amendments on September 12, 2017. These amendments are intended to implement Iowa Code chapter 249A and 2017 Iowa Acts, House File 653, section 90. These amendments became effective October 1, 2017. The following amendments are adopted.
ITEM 1. Rescind and reserve subrule 75.1(41). ITEM 2. Amend subparagraph 75.1(43)"d" as follows: (2) Only those persons identified in subparagraph (1) shall be considered a member of the child’s household. A person who receives medically needy coverage with a spenddown or limited benefits such as Medicare savings programs or family planning services only is not considered to be “receiving Medicaid” for the purposes of subparagraph (1). A child who lives alone or with persons not identified in subparagraph (1) shall be considered as having a household of one. ITEM 3. Amend rule 441—75.70(249A) as follows:441—75.70(249A) Financial eligibility based on modified adjusted gross income (MAGI). Notwithstanding any other provision of this chapter, effective January 1, 2014, financial eligibility for medical assistance shall be determined using “modified adjusted gross income” (MAGI) and “household income” pursuant to 42 U.S.C. § 1396a(e)(14), to the extent required by that section as a condition of federal funding under Title XIX of the Social Security Act. For this purpose, financial eligibility for medical assistance includes any applicable purpose for which a determination of income is required, including the imposition of any premiums or cost sharing. From January 1, 2014, through June 30, 2014, subject to a waiver of the requirements of 42 U.S.C. § 1396a(e)(14) by the federal Centers for Medicare and Medicaid Services, use of MAGI and “household income” shall not be considered to be required by that section for persons otherwise eligible for family planning services under subrule 75.1(41). ITEM 4. Rescind subparagraph 76.2(1)"c". ITEM 5. Renumber subparagraph 76.2(1)"c" as 76.2(1)"c". ITEM 6. Rescind subparagraph 76.2(2)"c". ITEM 7. Amend subparagraph 76.14(2)"a" as follows: (2) Information for the eligibility review shall be submitted on Review/Recertification Eligibility Document (RRED), Form 470-2881, 470-2881(M), 470-2881(S), or 470-2881(MS), with the following exceptions:- Persons whose eligibility for Medicaid is related to the family medical assistance program shall complete Medicaid Review, Form 470-3118 or 470-3118(S).
- Persons whose eligibility for Medicaid is related to supplemental security income and who are receiving state supplementary assistance shall complete Medicaid Review, Form 470-3118 or 470-3118(S).
- Persons whose eligibility for Medicaid is based on foster care, subsidized adoption or subsidized guardianship shall have continued eligibility determined by submission of Foster Care, Adoption and Guardianship Medicaid Review, Form 470-2914 or Form 470-2914(S).
- Individuals whose eligibility is for the medically needy coverage group shall complete Medicaid Review, Form 470-3118 or 470-3118(S).
- Members eligible for family planning services only shall complete Family Planning Medicaid Review, Form 470-4071. The member must submit the completed review form before the end of the eligibility period to any location specified in subparagraph 76.2(2)“c”(3).
- Members eligible for family planning services only shall complete Family Planning Medicaid Review, Form 470-4071whose eligibility is based on the modified adjusted gross income methodology shall complete and return Medicaid/HAWK-I Review, Form 470-5168, 470-5168(S), 470-5168(M), or 470-5168(MS).
- Members whose eligibility for Medicaid is not based on the modified adjusted gross income methodology shall complete and return Medicaid Review, Form 470-3118,or 470-3118(S), 470-3118(M), or 470-3118(MS)when requested to do so by the department. Members whose eligibility has been determined on the basis of age, blindness or disability must sign and return the notice within 30 days of the date on the notice and provide verification of income and resources before a determination of continued eligibility can be made.
Pursuant to the authority of Iowa Code section 249A.4 and 2017 Iowa Acts, House File 653, section 93, the Department of Human Services amends Chapter 79, “Other Policies Relating to Providers of Medical and Remedial Care,” Iowa Administrative Code. These amendments allow Medicaid providers, in addition to providing narrative documentation, to provide narrative documentation of service in a checkbox form format. This change is being made to assist Medicaid providers to have a consistent interpretation of the documentation requirements for services provided. Pursuant to Iowa Code section 17A.4(3), the Department finds that notice and public participation are unnecessary because emergency rule making is authorized by 2017 Iowa Acts, House File 653, section 93. Pursuant to Iowa Code section 17A.5(2)“b”(1)(a), the Department also finds that the normal effective date of these amendments, 35 days after publication, should be waived and the amendments made effective October 1, 2017, because emergency rule making is authorized by 2017 Iowa Acts, House File 653, section 93. These amendments are also published herein under Notice of Intended Action as ARC 3357C to allow for public comment. These amendments do not provide for waivers in specific situations because requests for the waiver of any rule may be submitted under the Department’s general rule on exceptions at 441—1.8(17A,217). After analysis and review of this rule making, no impact on jobs has been found. The Administrative Rules Review Committee reviewed these amendments on September 12, 2017. These amendments are intended to implement Iowa Code section 249A.4 and 2017 Iowa Acts, House File 653, section 93. These amendments became effective October 1, 2017. The following amendments are adopted.
ITEM 1. Amend subparagraph 79.3(2)"c" as follows: (3) Service documentation. The record for each service provided shall include information necessary to substantiate that the service was provided. Service documentation shall include narrative documentation andmay also include documentation in checkbox format. The service record shall include the following:- The specific procedures or treatments performed.
- The complete date of the service, including the beginning and ending date if the service is rendered over more than one day.
- The complete time of the service, including the beginning and ending time if the service is billed on a time-related basis. For those non-time-related services billed using Current Procedural Terminology (CPT) codes, the total time of the service shall be recorded, rather than the beginning and ending time.
- The location where the service was provided if otherwise required on the billing form or in 441—paragraph 77.30(5)“c” or “d,”441—paragraph 77.33(6)“d,”441—paragraph 77.34(5)“d,”441—paragraph 77.37(15)“d,”441—paragraph 77.39(13)“e,”441—paragraph 77.39(14)“d,” or 441—paragraph 77.46(5)“i,” or 441—subparagraph 78.9(10)“a”(1).
- The name, dosage, and route of administration of any medication dispensed or administered as part of the service.
- Any supplies dispensed as part of the service.
- The first and last name and professional credentials, if any, of the person providing the service.
- The signature of the person providing the service, or the initials of the person providing the service if a signature log indicates the person’s identity.
- For 24-hour care, documentation for every shift of the services provided, the member’s response to the services provided, and the person who provided the services.
- Service or office notes or narratives.
- Procedure, laboratory, or test orders and results.
- Other service documentation as applicable.
- Service or office psychotherapy notes or narratives.
- Psychological examination report and notes.
- Other service documentation as applicable.
- Service referral documentation.
- Initial evaluation.
- Individual treatment plan.
- Service or office notes or narratives.
- Narratives related to the peer review process and peer review activities related to a member’s treatment.
- Written plan for accessing emergency services.
- Other service documentation as applicable.
- Notice of decision for service authorization.
- Service plan (initial and subsequent).
- Service notes or narratives.
- Other service documentation as applicable.
- Order for services.
- Comprehensive treatment or service plan (initial and subsequent).
- Service notes or narratives.
- Other service documentation as applicable.
- Form 470-3956, MR/CMI/DD Case Management Service Authorization Request, for services authorized before May 1, 2007.
- Notice of decision for service authorization.
- Service notes or narratives.
- Social history.
- Comprehensive service plan.
- Reassessment of member needs.
- Incident reports in accordance with 441—subrule 24.4(5).
- Other service documentation as applicable.
- Notice of decision for service authorization.
- Service plan.
- Service logs, notes, or narratives.
- Mileage and transportation logs.
- Log of meal delivery.
- Invoices or receipts.
- Forms 470-3372, HCBS Consumer-Directed Attendant Care Agreement, and 470-4389, Consumer-Directed Attendant Care (CDAC) Service Record.
- Other service documentation as applicable.
- Assessment.
- Individual treatment plan.
- Service or office notes or narratives.
- Other service documentation as applicable.
- Department-approved standardized neurobehavioral assessment tool.
- Community-based neurobehavioral treatment order.
- Treatment plan.
- Clinical records documenting diagnosis and treatment history.
- Progress or status notes.
- Service notes or narratives.
- Procedure, laboratory, or test orders and results.
- Therapy notes including but not limited to occupational therapy, physical therapy, and speech-language pathology services as applicable.
- Medication administration records.
- Other service documentation as applicable.
Pursuant to the authority of Iowa Code chapters 505, 513C, and 514E, the Insurance Division hereby amends Chapter 82, “Iowa Stopgap Measure,” Iowa Administrative Code. These new rules augment the rules adopted as Chapter 82 on August 4, 2017 (see ARC 3281C, IAB 8/30/17). Chapter 82 primarily allows for implementation of the Iowa Stopgap Measure that has been developed by the Insurance Division upon request by the Governor. The Iowa Stopgap Measure is intended to provide an innovative solution to temporarily stabilize Iowa’s individual health insurance market. The Iowa Stopgap Measure was first submitted by the Insurance Division on June 7, 2017, to the Centers for Medicare and Medicaid Services (CMS) as a waiver application under Section 1332 of the Patient Protection and Affordable Care Act (ACA) (42 U.S.C. Section 18052). The Insurance Division worked with CMS to develop the waiver application and submitted the application on August 21, 2017. The instability of Iowa’s individual ACA-compliant market was first marked with the liquidation of CoOportunity Health, Inc., which began with an order of rehabilitation on December 23, 2014, and the market has seen continued instability. On April 25, 2016, UnitedHealthcare notified the Insurance Division that it will not offer individual ACA-compliant plans in 2017. Then, on March 30, 2017, Wellmark, Inc. and Wellmark Health Plan of Iowa, Inc. notified the Insurance Division that they will not offer individual ACA-compliant plans in 2018. On April 6, 2017, Aetna, Inc. notified the Insurance Division that it will not offer individual ACA-compliant plans in 2018. Finally, before Iowa’s rate filing deadline, June 19, 2017, Wellmark Value Health, Wellmark Synergy Health and Gundersen Health Plan, Inc. informed the Insurance Division that they will not offer individual ACA-compliant plans in 2018. On June 19, 2017, Medica, a Minnesota-based health insurance company that first sold individual health insurance policies in Iowa in 2016, filed ACA-compliant plans for approval by the Insurance Division to be available on the ACA-compliant individual health insurance marketplace in 2018 in all of Iowa’s 99 counties. The premium rates that Medica filed with the Insurance Division have an average increase of 43.5 percent over Medica’s 2017 rates. No other carriers filed rates for the ACA-compliant individual health insurance marketplace for 2018. The premium rates filed by Medica will drive healthier, younger, and middle-aged individuals out of the market, which will sink Iowa’s market further into collapse. This dramatic proposed premium rate increase will mean that, for some consumers, premiums will increase almost 100 percent from their current 2017 premium rates. It is likely that many individuals who are not currently receiving federal subsidies (those whose household income is above 400 percent of federal poverty level) will be unable to afford the cost of the Medica rates as filed and thus will drop from the market. The Insurance Division estimates that the health insurance premium costs for a family of four with a total household income at this federal poverty level (which is approximately $98,000) would be almost $24,000 under the rates filed by Medica for 2018. These rates simply are not affordable for a working class family or small business owner. It is plausible that individuals could refuse a promotion, quit a primary or secondary job, or take other steps to lower their household income in order to be eligible for federal subsidies. These rates will directly impact the ability of small business owners, the majority of whom participate in the individual commercial health insurance market, to continue to sustain and grow their own businesses. Governor Kim Reynolds asked the Insurance Division to develop a solution to provide temporary stability to the individual health insurance market and ensure that the approximately 72,000 Iowans currently covered through the individual health insurance market would have coverage options for 2018. The Insurance Division, in response to its directive from the Governor and under the authority of Iowa Code chapters 505, 513C and 514E, developed the Iowa Stopgap Measure as a proposed Section 1332 application to CMS and the Department of the Treasury to waive certain provisions of the ACA. The federal government, through CMS and the Department of the Treasury, has the authority under Section 1332 of the ACA to grant to a state a waiver to implement innovative strategies to provide the state’s residents with access to high-quality, affordable health coverage. These waivers allow states to implement innovative ways to provide access to quality health care that: (1) are at least as comprehensive and affordable as would be provided absent a waiver; (2) provide coverage to a comparable number of residents of the state as would be provided coverage absent a waiver; and (3) do not increase the federal deficit. The Iowa Stopgap Measure is designed to facilitate the implementation of a reinsurance program; a per-member, per-month premium credit mechanism; and a standardized health benefits plan to be offered to all eligible Iowa consumers for the plan year 2018. Iowa’s waiver application asks CMS to use the Insurance Division and the existing Iowa Individual Health Benefit Reinsurance Association (IIHBRA) as administrators of a pass-through of the federal funding that would be allocated to Iowa consumers via the existing Advanced Premium Tax Credit (APTC) and Cost-Sharing Reduction (CSR) funding under the ACA to be used by Iowa for a reinsurance program and per-member, per-month premium credits. That is, federal funds allocated by CMS would be paid to the Insurance Division or IIHBRA, and the Insurance Division would, in compliance with the Iowa Stopgap Measure, disburse the funds accordingly. The Insurance Division intends that this program will be completely funded by the federal funds allocated to Iowa. The Insurance Division worked diligently with CMS to develop and finalize the waiver application, which was submitted August 21, 2017 (the full application is available here: https://iid.iowa.gov/iowa-stopgap-measure). The Insurance Division developed the Iowa Stopgap Measure, with advice and support from several insurance companies and other entities, to establish conditions which would support reentry of insurance carriers into the individual health insurance market and at rates that are affordable to consumers. The Iowa Stopgap Measure has three primary means of doing this. First, it implements a reinsurance program under the IIHBRA to support the costs associated with consumers enrolled in the Iowa Stopgap Measure who have annual claims costs of over $100,000. Providing support for these high-cost claimants will help the carriers keep monthly premium rates down for all consumers under the Iowa Stopgap Measure. Second, the Iowa Stopgap Measure will replace the current premium subsidy structure with a per-member, per-month premium credit that will be available for all eligible Iowa consumers based on their age and income. These credits will be paid directly to the carriers via funds paid by the federal government and passed through the Insurance Division or the Iowa Comprehensive Health Association (HIPIOWA), and are intended to keep monthly costs low to entice young and healthy individuals back into the individual health insurance marketplace. Third, the Iowa Stopgap Measure would allow for a single, standard health benefits plan to be offered to all eligible Iowa consumers for the plan year 2018. Having a single, standard health benefits plan that provides coverage for all of the essential health benefits defined by the ACA as well as all Iowa-mandated benefits ensures that consumers will be able to purchase coverage as comprehensive as that which is currently offered in the individual health insurance marketplace. The use of a single plan also provides administrative simplicity which, given the implementation timeline, is critical to entice health insurance carriers back to the individual health insurance marketplace. In compliance with Iowa Code section 17A.4(3), these rules are filed emergency because immediate adoption of the rules is necessary to implement the Iowa Stopgap Measure in time for the 2018 open enrollment period beginning on November 1, 2017, and delays caused by the notice and public participation requirements of Iowa Code section 17A.4 would be contrary to public interest. The Insurance Division finds that the availability and affordability of individual commercial health insurance is critical for the greater public interest, and the necessity of ensuring that coverage will be available in 2018 requires these rules to be immediately implemented. Insurance carriers who will participate in the Iowa Stopgap Measure will need several months to prepare the application procedures and internal processes necessary to facilitate the purchase of coverage for all enrollees prior to the open enrollment date of November 1, 2017. The insurance carriers also need to prepare plan documents, develop the electronic application, finalize coverage networks, and file the rates and forms for Insurance Division review and approval. The Insurance Division needs to work with various entities to coordinate the eligibility verification process, develop a consumer education program, coordinate funding mechanisms with the federal government, and review and approve all rate and form filings made by carriers who want to participate in the program. Review of filings by the staff at the Insurance Division is a process that takes several weeks to complete for each carrier and filing. The Insurance Division made its proposal for the Iowa Stopgap Measure public on June 12, 2017, opened a formal public and tribal comment period on July 13, 2017, and accepted public comments on the Iowa Stopgap Measure in writing by mail and through a Web form through August 16, 2017. These materials are all available on the Insurance Division’s Web site at https://iid.iowa.gov/press-releases/iowa-seeks-federal-approval-of-health-insurance-stopgap-measure and https://iid.iowa.gov/press-releases/notice-of-public-hearings-for-iowa-stopgap-measure. As part of the formal public comment period, the Insurance Division held four public hearings on the Iowa Stopgap Measure: Council Bluffs on July 19, 2017; Des Moines on August 2 and 14, 2017; and Cedar Rapids on August 10, 2017. The Insurance Division submitted these rules to the Administrative Rules Review Committee, seeking its approval that the situation described above constitutes good cause that notice and publication would be unnecessary, impracticable, or contrary to public interest, as required by Iowa Code section 17A.4(3)“a,” such that the provisions of Iowa Code section 17A.4(1) would be inapplicable. The Administrative Rules Review Committee met on September 14, 2017, reviewed the Insurance Division’s findings and the rules, and unanimously approved the emergency adoption. The Insurance Division also finds, pursuant to Iowa Code section 17A.5(2)“b”(2), that the situation described above proves (as required by section 17A.5(2)“b”(2)) that, because of imminent peril to the public health, safety, or welfare (as required by section 17A.5(2)“b”(1)(c)), the normal effective date of the amendment, 35 days after publication, should be waived and the amendment should be made effective on September 14, 2017, to allow for the Insurance Division to move forward and implement the Iowa Stopgap Measure in order to allow interested insurance carriers sufficient time to set up and prepare the Iowa Stopgap Measure and allow consumers to purchase the standard plan during the open enrollment period to have coverage starting January 1, 2018. As the Iowa Stopgap Measure, upon approval by CMS, would utilize federal funding that would be allocated to Iowa consumers via the premium tax credit mechanism of the ACA, no state funds will be used for the premium credits or reinsurance program. If the Iowa Stopgap Measure is not approved by CMS, the Iowa Stopgap Measure will not be implemented. The Insurance Division adopted this amendment on September 14, 2017. This amendment is also published herein under Notice of Intended Action as ARC 3348C to allow for public comment. After analysis and review of this rule making, no impact on jobs has been found. These rules do not include a provision for the waiver of the rule because the Insurance Division’s general waiver rules of 191—Chapter 4 apply. These rules are intended primarily to allow for implementation of the Iowa Stopgap Measure that has been developed by the Insurance Division upon request by the Governor. The Insurance Commissioner has filed these rules under his rule-making authority of Iowa Code chapters 505, 513C, and 514E. This amendment became effective on September 14, 2017. If CMS does not approve the Iowa Stopgap Measure, it will not be funded and there will be no coverage available under these rules. This amendment is intended to implement Iowa Code chapters 505, 513C, and 514E. The following amendment is adopted.
ITEM 2. Adopt the following new rules 191—82.7(505,513C,514E) to 191—82.14(505,513C,514E):191—82.7(505,513C,514E) Definitions. As used in this chapter, unless the context otherwise requires: "Benefit year" means a period of time in which health benefits are to be provided, beginning on or after January 1 and ending December 31. "Eligible consumer" means a consumer who meets the following criteria:- Is a resident of Iowa;
- Is a citizen or national of the United States, or is considered an alien lawfully present;
- Is not enrolled in Medicaid, Children’s Health Insurance Program (CHIP), or Medicare;
- Does not receive minimum essential coverage; and
- Is not incarcerated.
- The 2017 modified adjusted gross income of the individual; and
- The 2017 modified adjusted gross income of all individuals, including a spouse and dependents, who are on the same federal income tax filing, regardless of whether or not these individuals reside in the same household and whether or not coverage is being purchased for each of the individuals.
Pursuant to the authority of Iowa Code section 15.106A, the Iowa Economic Development Authority hereby adopts amendments to Chapter 5, “Iowa Industrial New Jobs Training Program,” Chapter 7, “Iowa Jobs Training Program,” Chapter 8, “Workforce Development Fund,” Chapter 9, “Workforce Training and Economic Development Funds,” Chapter 20, “Accelerated Career Education (ACE) Program,” and Chapter 58, “New Jobs and Income Program,” Iowa Administrative Code. These amendments make technical changes to the Authority’s administrative rules by replacing the term “vocational” with “career and technical” as required by 2016 Iowa Acts, House File 2392. Notice of Intended Action was published in the Iowa Administrative Bulletin as ARC 2995C on March 29, 2017. The Authority did not receive any comments. These amendments are identical to those published under Notice. The Economic Development Authority Board adopted these amendments on June 16, 2017. This rule making does not have any fiscal impact to the state of Iowa. After analysis and review of this rule making, no impact on jobs has been found. These amendments are intended to implement Iowa Code section 15.411. These amendments will become effective November 15, 2017. The following amendments are adopted.
ITEM 1. Amend rule 261—5.3(15,260E), definition of “Program services,” as follows: "Program services" includes but is not limited to the following:- New jobs training.
- Adult basic education and job-related instruction.
- VocationalCareer andtechnical skill-assessment services and testing.
- Training facilities, equipment, materials, and supplies.
- On-the-job training.
- Administrative expenses for the new jobs training program.
- Subcontracted services with institutions governed by the board of regents, private colleges or universities, or other federal, state, or local agencies.
- Contracted or professional services.
- Issuance of certificates.
Pursuant to the authority of Iowa Code sections 15.106A and 15.231, the Iowa Economic Development Authority hereby adopts new Chapter 45, “Community Catalyst Building Remediation Program,” Iowa Administrative Code. This amendment creates a new chapter of rules governing the administration of the Community Catalyst Building Remediation Program. Pursuant to Iowa Code section 15.231, the Authority is directed to establish a community catalyst building remediation fund to provide grants to cities for the remediation or redevelopment of underutilized buildings. The new chapter contains definitions, a program description, a description of the application process by which cities apply for grant funds, program eligibility requirements, and application scoring criteria and includes that an agreement is required for the provision of any financial assistance awarded. Notice of Intended Action was published in the Iowa Administrative Bulletin as ARC 3256C on August 16, 2017. No oral or written comments were received. This amendment is identical to that published under Notice, except that the word “contract” was changed to “agreement” in the catchwords of subrule 45.3(4). The Economic Development Authority Board adopted this amendment on September 22, 2017. This rule making does not have any fiscal impact to the state of Iowa. After analysis and review of this rule making, no impact on jobs has been found. This amendment is intended to implement Iowa Code section 15.231. This amendment will become effective November 15, 2017. The following amendment is adopted.
ITEM 1. Adopt the following new 261—Chapter 45: CHAPTER 45COMMUNITY CATALYST BUILDING REMEDIATION PROGRAM261—45.1(15) Purpose. Pursuant to Iowa Code sections 15.231 and 15.106A, the authority is directed to establish a community catalyst building remediation program fund for the purpose of providing grants to cities for the remediation or redevelopment of underutilized buildings. The authority shall administer the fund in a manner to make grant moneys annually available to cities for the purposes of this chapter.261—45.2(15) Definitions. For purposes of this chapter, unless the context otherwise requires: "Agreement" means a contract for financial assistance under the program describing the terms on which the financial assistance is to be provided. "Applicant" means a city applying for financial assistance under the program. "Authority" means the economic development authority created in Iowa Code section 15.105. "Building" means a structure located in a city that is either:- Used or intended to be used for commercial or industrial purposes; or
- Used or intended to be used for residential purposes.
Pursuant to the authority of Iowa Code section 15.106A, the Iowa Economic Development Authority hereby amends Chapter 59, “Enterprise Zone (EZ) Program,” and Chapter 68, “High Quality Jobs Program (HQJP),” Iowa Administrative Code. This adopted rule making makes technical changes to the Authority’s administrative rules, as required by 2016 Iowa Acts, House File 2443. The amendment to rule 261—59.15(15E) provides that the Authority may amend an enterprise zone agreement for compliance reasons if the total award amount is not increased. The amendments to rule 261—68.4(15) change the existing phrase “new investment directly related to jobs created or retained by the project” to “new investment.” Notice of Intended Action was published in the Iowa Administrative Bulletin as ARC 2996C on March 29, 2017. The Authority did not receive any written or oral comments. These amendments are identical to those published under Notice. The Economic Development Authority Board adopted these amendments at its meeting held on June 16, 2017. These amendments do not have any fiscal impact to the state of Iowa. After analysis and review of this rule making, no impact on jobs has been found. These amendments are intended to implement 2016 Iowa Acts, House File 2443. These amendments will become effective November 15, 2017. The following amendments are adopted.
ITEM 1. Amend subrule 59.15(3) as follows: 59.15(3) On or after July 1, 2014, a city or county shall not create an enterprise zone under Iowa Code chapter 15E, division XVIII, or enter into a new agreement or amend an existing agreement under Iowa Code chapter 15E, division XVIII.A city or county and the authority, with the approval of the authority board, may amend an agreement for compliance reasons if the amendment does not increase the amount of incentives awarded under the agreement. ITEM 2. Amend subrule 68.4(4) as follows: 68.4(4) Investment tax credit. a. Claiming the investment tax credit.Pursuant to Iowa Code section 15.333, the approved business may claim an investment tax credit equal to a percentage of the new investment directly related to jobs created or retained by the project. The tax credit shall be earned when the qualifying asset is placed in service. (1) Five-year amortization period. The tax credit shall be amortized over a five-year period. The annual amounts that may be claimed by the business during that period are subject to negotiations. The final five-year amortization period and the negotiated annual amounts will be specified in a contract entered into with the authority. The tax credit shall be allowed against taxes imposed under Iowa Code chapter 422, division II, III, or V and against the moneys and credits tax imposed in Iowa Code section 533.24. (2) Flow-through of tax credits. If the business is a partnership, S corporation, limited liability company, cooperative organized under Iowa Code chapter 501 or 501A and filing as a partnership for federal tax purposes, or estate or trust electing to have the income taxed directly to the individual, an individual may claim the tax credit allowed. The amount claimed by the individual shall be based upon the pro rata share of the individual’s earnings of the partnership, S corporation, limited liability company, cooperative organized under Iowa Code chapter 501 or 501A and filing as a partnership for federal tax purposes, or estate or trust. (3) Seven-year carryforward. A tax credit in excess of the tax liability for the tax year may be credited to the tax liability for the following seven years or until depleted, whichever occurs first. b. Investment qualifying for the tax credit.For purposes of this subrule, new investment directly related to jobs created or retained by the project means all of the following: (1) The cost of machinery and equipment, as defined in Iowa Code section 427A.1, subsection 1, paragraphs “e” and “j,” purchased for use in the operation of the approved business. (2) The purchase price of real property and any buildings and structures located on the real property. (3) The cost of improvements made to real property which is used in the operation of the approved business. (4) The annual base rent paid to a third-party developer by an approved business for a period equal to the term of the lease agreement but not to exceed the maximum term specified in a contract entered into with the authority, provided the cumulative cost of the base rent payments for that period does not exceed the cost of the land and the third-party developer’s costs to build or renovate the building for the approved business. Annual base rent shall be considered only when the project includes the construction of a new building or the major renovation of an existing building. The approved business shall enter into a lease agreement with the third-party developer for a minimum of five years.The approved business shall not claim a tax credit above the amount defined in the final award documentation or the amount specified in a contract entered into with the authority. ITEM 3. Amend subrule 68.4(5) as follows: 68.4(5) Insurance premium tax credit. Pursuant to Iowa Code section 15.333A, the approved business may claim an insurance premium tax credit equal to a percentage of the new investment directly related to jobs created or retained by the project. a. Claiming the tax credit.The tax credit shall be earned when the qualifying asset is placed in service. The tax credit shall be amortized equally over a five-year period which the authority will, in consultation with the eligible business, define. The five-year amortization period shall be specified in a contract entered into with the authority. The tax credit shall be allowed against taxes imposed under Iowa Code chapter 432. A tax credit in excess of the tax liability for the tax year may be credited to the tax liability for the following seven years or until depleted, whichever occurs first. b. Investment qualifying for the tax credit.For purposes of this subrule, new investment directly related to jobs created or retained by the project means all of the following: (1) The cost of machinery and equipment, as defined in Iowa Code section 427A.1, subsection 1, paragraphs “e” and “j,” purchased for use in the operation of the approved business. (2) The purchase price of real property and any buildings and structures located on the real property. (3) The cost of improvements made to real property which is used in the operation of the approved business. (4) The annual base rent paid to a third-party developer by an approved business for a period equal to the term of the lease agreement but not to exceed the maximum term specified in a contract entered into with the authority, provided the cumulative cost of the base rent payments for that period does not exceed the cost of the land and the third-party developer’s costs to build or renovate the building for the approved business. Annual base rent shall be considered only when the project includes the construction of a new building or the major renovation of an existing building. The approved business shall enter into a lease agreement with the third-party developer for a minimum of five years.The approved business shall not claim a tax credit above the amount defined in the final award documentation or the amount specified in a contract entered into with the authority. [Filed 9/15/17, effective 11/15/17][Published 10/11/17]Editor’s Note: For replacement pages for IAC, see IAC Supplement 10/11/17.ARC 3386CEconomic Development Authority[261]Adopted and FiledPursuant to the authority of Iowa Code section 15.106A, the Iowa Economic Development Authority hereby adopts amendments to Chapter 110, “STEM Internship Program,” Iowa Administrative Code. This amendment changes the maximum amount that may be awarded to any one employer under the STEM internship program in any one fiscal year from $100,000 to $50,000. The maximum award per intern will remain the same at $5,000 per student. Since the program has been fully subscribed in past years, this change will ensure that more employers are able to take advantage of the program. Notice of Intended Action was published in the Iowa Administrative Bulletin as ARC 3155C on July 5, 2017. No oral or written comments were received. This amendment is identical to that published under Notice. The Economic Development Authority Board adopted this amendment on September 22, 2017. This rule making does not have any fiscal impact to the state of Iowa. After analysis and review of this rule making, no impact on jobs has been found. This amendment is intended to implement Iowa Code section 15.411. This amendment will become effective November 15, 2017. The following amendment is adopted.
ITEM 1. Amend subrule 110.4(1) as follows: 110.4(1) The maximum amount awarded to an employer for any one internship shall not exceed $5,000. The maximum amount that may be awarded to any one employer in any one fiscal year shall not exceed $100,000$50,000. [Filed 9/22/17, effective 11/15/17][Published 10/11/17]Editor’s Note: For replacement pages for IAC, see IAC Supplement 10/11/17.ARC 3387CEducation Department[281]Adopted and Filed Pursuant to the authority of Iowa Code section 256.7(5), the State Board of Education hereby amends Chapter 14, “School Health Services,” and Chapter 41, “Special Education,” Iowa Administrative Code. Notice of Intended Action was published in the June 7, 2017, Iowa Administrative Bulletin as ARC 3088C. Public comments were allowed until 4:30 p.m. on June 27, 2017. A public hearing was held on that date. Two people attended the public hearing, and two public comments were received. Those comments were reviewed and are reflected in the changes made to the rules since publication of the Notice, as outlined below. Some Items have been renumbered to incorporate additional Items (see final bulleted paragraph below). The Iowa Department of Education (Department) has also considered amendments to federal special education regulations that were published on June 30, 2017 (82 Fed. Reg. 29,755). This rule making does the following:
- Interpretation or intervention,
- Administration of health procedures and health care, or
- Use of a health device to compensate for the reduction or loss of a body function.
- Licensed health personnel are physically present.
- Licensed health personnel are available at the same site.
- Licensed health personnel are available on call.
- Before and while teaching, receives high-quality professional development that is sustained, intensive, and classroom-focused in order to have a positive and lasting impact on classroom instruction;
- Participates in a program of intensive supervision that consists of structured guidance and regular ongoing support for teachers or in a teacher mentoring program;
- Assumes functions as a teacher only for a specified period of time not to exceed three years; and
- Demonstrates satisfactory progress toward full certification as prescribed by the state; and
- Intellectual disabilities;
- Specific learning disabilities;
- Emotional disturbance;
- Speech or language impairments;
- Other health impairments; and
- Autism.
Pursuant to the authority of Iowa Code sections 459.103 and 459A.104, the Environmental Protection Commission (Commission) hereby amends Chapter 65, “Animal Feeding Operations,” Iowa Administrative Code. The purpose of the amendment to the animal feeding operation rules is to allow for the submittal of manure management plan updates and associated fees electronically through the Department of Natural Resources’ (Department’s) Web application system. Notice of Intended Action was published in the Iowa Administrative Bulletin on August 16, 2017, as ARC 3257C. A public hearing was held on September 5, 2017, in Des Moines, Iowa. The Department received three written comments and two oral comments. Four of the five comments were in support of the amendment, and the remaining comment offered general comments and questions regarding the implementation of the electronic submittal process. This amendment is identical to that published under Notice. After analysis and review of this rule making, the Commission has determined that the amendment will have a positive impact on private sector jobs due to savings in costs associated with postage, time, plan preparation and transportation. The complete jobs impact statement is available from the Department upon request. This amendment is intended to implement Iowa Code sections 459.103 and 459.302. This amendment shall become effective on November 15, 2017. The following amendment is adopted.
ITEM 1. Amend paragraph 65.16(3)"b" as follows: b. The owner of a confinement feeding operation who is required to submit a manure management plan under this rule shall submit an updated manure management plan on an annual basis to the department.The updated manure management plan may be submitted by hard copy or by electronic submittal. The updated plan must reflect all amendments made during the period of time since the previous manure management plan submission. (1) If the plan is submitted by hard copy, the submittal process shall be as follows:The owner of the animal feeding operation shall also submit the updated manure management plan on an annual basis to the board of supervisors of each county where the confinement feeding operation is located and to the board of supervisors of each county where manure from the confinement feeding operation is land-applied. If the owner of the animal feeding operation has not previously submitted a manure management plan to the board of supervisors of each county where the confinement feeding operation is located and each county where manure is land-applied, the owner must submit a complete manure management plan to each required county. The county auditor or other county official or employee designated by the county board of supervisors may accept the updated plan on behalf of the board. The updated plan shall include documentation that the county board of supervisors or other designated county official or employee received the manure management plan update. (2) If the plan is submitted electronically, the submittal process shall be as follows: The owner of the animal feeding operation shall submit the updated manure management plan to the department through the department’s electronic Web application. Once the submittal has been completed, the department shall provide electronic access of the updated manure management plan to the board of supervisors of each county where the confinement feeding operation is located and each county where manure is land-applied. (3) The department will stagger the dates by which the updated manure management plans are due and will notify each confinement feeding operation owner of the date on which the updated manure management plan is due. To satisfy the requirements of an updated manure management plan, an owner of a confinement feeding operation must submit one of the following:- (1) A complete manure management plan;
- (2) A department-approved document stating that the manure management plan submitted in the prior year has not changed; or
- (3) A department-approved document listing all the changes made since the previous manure management plan was submitted and approved.
Pursuant to the authority of Iowa Code section 234.6 and 2017 Iowa Acts, House File 653, sections 90 through 92, the Department of Human Services hereby amends Chapter 7, “Appeals and Hearings,” and rescinds Chapter 87, “State-Funded Family Planning Program,” and adopts a new Chapter 87, “Family Planning Program,” Iowa Administrative Code. These amendments implement a new state Family Planning Program (FPP) in accordance with legislative guidance pursuant to 2017 Iowa Acts, House File 653, sections 90 through 92. As a result of these amendments, providers of family planning services will change as entities that provide abortions can no longer participate as an FPP provider. Providers unable to participate as an FPP provider will also be unable to participate as a point-of-service agency for eligibility determinations for FPP. Notice of Intended Action for these amendments was published in the Iowa Administrative Bulletin as ARC 3198C on July 19, 2017. These amendments were also Adopted and Filed Emergency and published as ARC 3199C on the same date and became effective July 1, 2017. The Department received comments from one respondent during the public comment period. A compilation of the respondent’s comments and the Department’s responses follows: Comment: The respondent believes that portions of the respondent’s integrated health system (i.e., particular National Provider Identifier (NPI)-Tax Identification Number (TIN) entities and their providers) will be able to continue providing needed FPP services. The respondent also feels that the Department should approve FPP enrollment for each eligible provider associated with NPI-TIN entities in which restricted services are not performed, regardless of affiliation with an integrated health system. Department response: The purpose of the new state law is to offer family planning services but to restrict that financial support to only entities that do not provide abortions. The law specifically states, “Distribution of family planning services program funds shall not be made to any entity that performs abortions or that maintains or operates a facility where abortions are performed.” Restriction at the “entity” level, rather than at the site or provider level, was a specific choice. The Department of Human Services’ interpretation of the restriction at the broad, entity level is consistent with legislative intent. The Department did not revise these amendments based on the respondent’s comments. These amendments are identical to those published under Notice of Intended Action and Adopted and Filed Emergency. The Council on Human Services adopted these amendments on September 13, 2017. These amendments do not provide for waivers in specified situations because requests for the waiver of any rule may be submitted under the Department’s general rule on exceptions at 441—1.8(17A,217). After analysis and review of this rule making, no impact on jobs has been found. These amendments are intended to implement Iowa Code section 249A.4 and 2017 Iowa Acts, House File 653, sections 90 through 92. These amendments will become effective November 15, 2017, at which time the Adopted and Filed Emergency amendments are hereby rescinded. The following amendments are adopted.
ITEM 1. Amend subrule 7.2(3), introductory paragraph, as follows: 7.2(3) Medical assistance eligibility. Medical assistance eligibility includes, but is not limited to, FMAP-related coverage groups, SSI-related coverage groups, the breast and cervical cancer treatment program, the health insurance premium payment program, healthy and well kids in Iowa (HAWK-I), the Iowa Health and Wellness Plan, family planning services, and waiver services. Issues may include: ITEM 2. Rescind subrule 7.2(15) and adopt the following new subrule in lieu thereof: 7.2(15) Family planning program. Issues may include: a. A request to be given an application was denied. b. An application has been denied or has not been acted on in a timely manner. c. The person’s eligibility has been terminated or reduced. d. Who contests the effective date of assistance or services. e. Whose claim for payment or prior authorization has been denied. f. Who has received notice from the medical assistance hotline that services not received or services for which an individual is being billed are not payable by the family planning program. g. Who has been notified that an overpayment of benefits has been established and repayment is requested. ITEM 3. Adopt the following new subrule 7.2(16): 7.2(16) Other individuals or providers. Individuals or providers that are not listed in rule 441—7.2(17A) may meet the definition of an aggrieved person if the department has taken an adverse action against that individual or provider. ITEM 4. Amend paragraph 7.5(2)"f" as follows: f. The sole basis for denying, terminating or limiting assistance under 441—Chapter 47, or 441—Chapter 58or 441—Chapter 87 is that funds for the respective programs have been reduced, exhausted, eliminated or otherwise encumbered. ITEM 5. Amend paragraph 7.5(4)"b" as follows: b. Food assistance, medical assistance, family planning program or autism support program standard.For appeals regarding food assistance, medical assistance, the family planning program or the autism support program, a hearing shall be held if the appeal is made within 90 days after official notification of an action. For appeals regarding a health care decision made by a managed care organization, a hearing shall be held if the appeal is made within 90 days after written notification that the first-level review process through the managed care organization has been exhausted. A hearing shall be held if the appeal is made within 90 days after the appeal is deemed to have exhausted the managed care organization’s appeals process, as provided in paragraph 7.2(5)“c.” ITEM 6. Adopt the following new subrule 7.5(11): 7.5(11) Appeals of family planning program overpayments. a. Subject to the time limits described in subrule 7.5(4), a person’s right to appeal the existence and amount of a family planning program overpayment begins when the department sends the first notice informing the person of the overpayment. The notice shall be sent on Form 470-5483, Notice of Family Planning Program Assistance Overpayment. b. A hearing shall not be held if an appeal is filed in response to a second or subsequent notice as identified in paragraph 7.5(11)“a.” ITEM 7. Amend paragraph 7.7(1)"b" as follows: b. For the purpose of this subrule, “assistance” includes food assistance, medical assistance, the family investment program, refugee cash assistance, child care assistance, emergency assistance,the family planning program, family or community self-sufficiency grant, PROMISE JOBS, state supplementary assistance, healthy and well kids in Iowa (HAWK-I) program, foster care, adoption, aftercare services, or other programs or services provided by the department. ITEM 8. Amend paragraph 7.8(1)"a" as follows: a. Food assistance, medical assistance, child care assistance, family planning program and family investment program appeals may be made in person, by telephone or in writing as specified in subrule 7.8(2). ITEM 9. Amend subrule 7.8(2) as follows: 7.8(2) Filing the appeal. The appellant shall be encouraged, but not required, to make written appeal on Form 470-0487 or 470-0487(S), Appeal and Request for Hearing, and the worker shall provide any instructions or assistance required in completing the form. When the appellant is unwilling to complete or sign this form, nothing in this rule shall be construed to preclude the right to perfect the appeal, as long as the appeal is in writing (except for food assistance, medical assistance, child care assistance, family planning program and family investment program appeals) and has been communicated to the department by the appellant or appellant’s representative.A written appeal submitted by mail is filed on the date postmarked on the envelope sent to the department, or, when the postmarked envelope is not available, on the date the appeal is stamped received by the agency. When an appeal is submitted through an electronic delivery method, such as electronic mail, submission of an online form, or facsimile, the appeal is filed on the date it is submitted. The electronic delivery method shall record the date and time the appeal request was submitted. If there is no date recorded by the electronic delivery method, the date of filing is the date the appeal is stamped received by the agency. Receipt date of all appeals shall be documented by the office where the appeal is received. ITEM 10. Rescind 441—Chapter 87 and adopt the following new chapter in lieu thereof: CHAPTER 87FAMILY PLANNING PROGRAMPreambleThis chapter defines and structures the family planning program administered by the department pursuant to 2017 Iowa Acts, House File 653, section 90. The purpose of this program is to provide family planning services to individuals who are not enrolled in medical assistance under 441—Chapter 74 or 441—Chapter 75. The department is not receiving federal financial participation for expenditures under the family planning program. Therefore, this chapter shall remain in effect only as long as state funding is available.The family planning program shall replicate the eligibility requirements and other provisions included in the Medicaid family planning network waiver, as approved by the Centers for Medicare and Medicaid Services of the U.S. Department of Health and Human Services in effect on June 30, 2017, but shall provide for distribution of the family planning services program funds in accordance with this chapter.Distribution of family planning program funds under this chapter shall be made in a manner that continues access to family planning services.441—87.1(217) Definitions. "Applicant" means a person who applies for assistance under the family planning program described in this chapter. "Authorized Title X agency" means an agency or entity with an executed memorandum of understanding (MOU) with the Iowa department of human services authorizing the agency to perform point-of-service eligibility determinations for the family planning program. "Creditable qualifying quarters" means all of the qualifying quarters of coverage as defined under Title II of the Social Security Act worked by a parent of an alien while the alien was under the age of 18, and qualifying quarters worked by a spouse of an alien during their marriage if the alien remains married to the spouse or was married to the spouse at the spouse’s death, except for quarters beginning after December 31, 1996, if the parent or spouse of the alien received any federal means-tested public benefit during the period for which the qualifying quarter is credited. "Department" means the Iowa department of human services. "Family planning services" means pregnancy prevention and related reproductive health services. 441—87.2(217) Eligibility. Eligibility for the family planning program shall be determined according to the provisions of this rule. 87.2(1) Persons covered. Subject to funding as described in subrule 87.7(1) and to the requirements of subrules 87.2(2), 87.2(4), and 87.2(6), assistance for family planning services shall be available to the following individuals who are not enrolled in medical assistance pursuant to 441—Chapter 74 or 441—Chapter 75: a. Women who were enrolled in medical assistance when their pregnancy ended and who are capable of bearing children but are not pregnant. Eligibility for these women extends for 12 consecutive months after the month when their 60-day postpartum period ends; b. Women who are under the age of 55, who are capable of bearing children but are not pregnant, and who have household income that does not exceed 300 percent of the federal poverty level as determined pursuant to subrule 87.2(3); c. Men who are under the age of 55, who are capable of fathering children, and who have household income that does not exceed 300 percent of the federal poverty level as determined pursuant to subrule 87.2(3). 87.2(2) Furnishing of social security number. As a condition of eligibility, except as provided by paragraph 87.2(2)“a,” all social security numbers issued to each individual (including children) for whom family planning services are sought must be furnished to the department. a. The requirement of furnishing a social security number does not apply to an individual who: (1) Is not eligible to receive a social security number; (2) Does not have a social security number and may only be issued a social security number for a valid nonwork reason in accordance with 20 CFR § 422.104; or (3) Refuses to obtain a social security number because of a well-established religious objection. For this purpose, a well-established religious objection means that the individual:- Is a member of a recognized religious sect or division of a sect; and
- Adheres to the tenets or teachings of the sect or division of the sect and for that reason is conscientiously opposed to applying for or using a national identification number.
- Requires proof of United States citizenship before issuance of the license or document; or
- Obtains a social security number from the applicant and verifies before certification that the number is valid and is assigned to the applicant who is a citizen.
- A certificate of birth in the United States.
- Form FS-545 or Form DS-1350 (Certification of Birth Abroad) issued by the U.S. Citizenship and Immigration Services.
- Form I-97 (United States Citizen Identification Card) issued by the U.S. Citizenship and Immigration Services.
- Form FS-240 (Report of Birth Abroad of a Citizen of the United States) issued by the U.S. Citizenship and Immigration Services.
- Another document that provides proof of United States citizenship or nationality, as the Secretary of the U.S. Department of Health and Human Services may specify pursuant to 42 U.S.C. Section 1396b(x)(3)(C)(v).
Pursuant to the authority of Iowa Code sections 10A.104(5) and 135C.14, the Department of Inspections and Appeals hereby amends Chapter 56, “Fining and Citations,” Iowa Administrative Code. Item 1 makes a technical correction to rule 481—56.7(135C) by correcting a reference to the Director of the Department of Inspections and Appeals. Item 2 rescinds current rule 481—56.10(135C), Factors determining imposition of citation and fine, and adopts a new rule on the same subject. The new rule clarifies the process by which fines imposed against health care facilities for violations of state rules are calculated. The rule also provides a clear and transparent method for calculating the amount of a state fine for a Class I violation and provides related explanations for the calculations. The amendment in Item 2 is the result of a kaizen event held by the Department during which the calculation of state fines was reviewed and discussed. Included among the kaizen participants was a representative from a long-term care association. One of the most commonly heard complaints from long-term care providers is the lack of transparency in the calculation of state fines, especially those associated with Class I violations. As a result of the kaizen, a chart was developed that will clearly indicate how fines associated with Class I violations are calculated. Prior to publication of the Notice of Intended Action, a draft of the amendments was shared with providers for comment. Notice of Intended Action was published in the Iowa Administrative Bulletin on August 2, 2017, as ARC 3222C. Comments were received from LeadingAge Iowa, which feels that the calculation table contained in the rules will lead to larger fines. Additionally, the association believes there should be some method to reduce fines based on mitigating factors. While the Department acknowledges the association’s concerns, it does not believe the use of a table to calculate fines will automatically lead to an increase in the amount of fines. The amount of a state fine that can be imposed is limited by statutory language, and the table is designed simply to provide transparency in how a state fine is calculated. Additionally, the table does provide a space for “additional circumstances surrounding the violation” where mitigating factors could be listed and considered. One adjustment to the rules, however, has been made by the Department since the publication of the Notice of Intended Action. A change has been made to Item 2 to clarify that the maximum state fine for a Class I violation may be impacted by provisions contained in Iowa Code sections 135C.44 and 135C.44A. Iowa Code section 135C.44 provides that any fine issued by the Department for a Class I or Class II violation shall be trebled for a second or subsequent Class I or Class II violation occurring within any 12-month period if a citation was issued previously and a state fine was imposed. Likewise, Iowa Code section 135C.44A provides that the fine for a Class I violation shall be doubled when the violation is due to an intentional act by the facility in violation of Iowa Code chapter 135C or a rule promulgated thereunder by the Department. The Department does not believe that the amendments will pose any financial hardship on any regulated entity or individual. The State Board of Health initially reviewed the proposed amendments at its July 12, 2017, meeting, and subsequently approved them at its September 13, 2017, meeting. After analysis and review of this rule making, no impact on jobs has been found. These amendments are intended to implement Iowa Code sections 10A.104(5) and 135C.14. These amendments shall become effective November 15, 2017. The following amendments are adopted.
ITEM 1. Amend rule 481—56.7(135C) as follows:481—56.7(135C) Notation of classes of violations. All rules relating to health care facilities, other than those which are informational in character, shall be followed by a notation at the end of each rule, or pertinent part thereof. This notation shall consist of a Roman numeral or numerals in parentheses. These Roman numerals refer to the class (either class I, class II, or class III) of violation which may be cited by the commissionerdirector of the department of inspections and appeals when that rule, ora part of athat rule carrying the notation is violated by the facility. ITEM 2. Rescind rule 481—56.10(135C) and adopt the following new rule in lieu thereof:481—56.10(135C) Factors determining imposition of citation and fine. 56.10(1) The director of the department of inspections and appeals may consider evidence of the circumstances surrounding the violation including, but not limited to, those factors set out in rule 481—56.9(135C) when: a. Determining whether a violation will be subject to a fine or citation; and b. Determining the monetary amount of the penalty to be specified in the citation, when such a fine is authorized to be levied for a particular class of violation. 56.10(2) If it is determined that a violation shall be cited as a class I violation, the following chart shall be used by the department when calculating the fine amount. The amount of the fine shall be the sum total of the calculated fine amounts for each factor to be considered. With the exception of fines trebled pursuant to Iowa Code section 135C.44 or doubled pursuant to Iowa Code section 135C.44A, the total fine imposed for a single class I violation shall not be less than $2,000 nor more than $10,000.Class I Fine CalculationFactors to Be ConsideredAssociated Fine and Related ExplanationCalculated FineFrequency and length of time the violation occurred, as specified in subrule 56.9(1)Duration of violation: • If 30 days or less, add $250. • If more than 30 days, add $500. Breadth of violation: • One resident impacted, add $250. • More than one resident impacted, add $500.$Past history of the facility, as specified in subrule 56.9(2)Same violation of rule or related rule cited within the past 24 months, add $500.$Culpability of the facility, as specified in subrule 56.9(3)Degree of culpability of facility as it relates to the reason the violation occurred, add $0 to $500.1$Extent of any harm to a resident, as specified in subrule 56.9(4) • Death, imminent danger or substantial probability of death, add $6,000 to $8,500. • Moderate to severe physical harm, imminent danger or substantial probability of moderate to severe physical harm, add $3,000 to $7,500. • Minor to moderate physical harm, imminent danger or substantial probability of minor to moderate physical harm, add $1,000 to $3,000. $Relationship of the violation to any other types of violations, as specified in subrule 56.9(5) • One or more related class II or class III violations cited, add $250. • One or more related class I violations cited, add $500.2$Actions of the facility after the occurrence of the violation, as specified in subrule 56.9(6) • Good-faith corrective actions taken although violation not appropriately corrected, add $250. • Corrective actions not taken or the facility failed to notify the director as required, add $500. $Accuracy and extent of records kept by the facility, as specified in subrule 56.9(7)Records maintained by the facility contain pertinent inaccuracies or omissions or were unavailable to the department, add $500.$Rights of the residents to make informed decisions, as specified in subrule 56.9(8)Residents’ rights to make informed decisions were not respected, add $500.$Whether the facility made a good-faith effort to address a high-risk resident’s needs, as specified in subrule 56.9(9)Evidence indicates the facility did not make a good-faith effort to address a high-risk resident’s specific needs, add $500.$Additional circumstances surrounding the violation, as specified in rule 481—56.9(135C)Cite any additional circumstances considered and any associated fine amount.$Total Calculated Class I Fine Amount $1 For example, the culpability of a facility may range from acts or omissions that are inadvertent or negligent to acts or omissions that intentionally disregard known or obvious risks and make it highly probable that the outcome would cause harm to a resident.2 For example, a violation related to pressure sores could be correlated to a violation related to the use of restraints or failure to provide incontinent care. [Filed 9/13/17, effective 11/15/17][Published 10/11/17]Editor’s Note: For replacement pages for IAC, see IAC Supplement 10/11/17.ARC 3391CInsurance Division[191]Adopted and FiledPursuant to the authority of Iowa Code section 502.605(1), the Insurance Division (the Division) hereby amends Chapter 50, “Regulation of Securities Offerings and Those Who Engage in the Securities Business,” Iowa Administrative Code. These amendments implement Iowa Code chapter 502, the Iowa Uniform Securities Act, which regulates the sale of securities in Iowa. The amendments do the following: ● Update the current rules to bring them into accord with recent amendments to changes in Statements of Policy adopted by the North American Securities Administrators Association, Inc. (NASAA), as indicated in the new or amended rules. ● Add notice filing requirements for federal crowdfunding offerings. ● Update notice filing requirements for issuers planning to offer and sell securities in Iowa in an offering exempt under Tier 2 of 17 CFR Section 230.251 et seq. (“federal Regulation A”) and Sections 18(b)(3) and 18(b)(4) of the Securities Act of 1933. Notice of Intended Action was published in the Iowa Administrative Bulletin on July 19, 2017, as ARC 3200C. A public hearing was held on August 8, 2017, and written comments were accepted through that date. No persons attended the public hearing, and no written comments were received. These amendments are identical to those published under Notice, except for the addition of implementation sentences to new rules 191—50.91(502) and 191—50.92(502). The Insurance Division’s general waiver provisions of 191—Chapter 4 apply to these rules. These rules will impose no fiscal impact on the State. After analysis and review of this rule making, no impact on jobs has been found. These amendments are intended to implement Iowa Code chapter 502. These amendments will become effective November 15, 2017. The following amendments are adopted.
ITEM 1. Amend subrule 50.66(14) as follows: 50.66(14) Preferred stock. A public offering of preferred stock may be allowed by the administrator if theadministrator determines that the offering substantially complies, as determined by the administrator, with the NASAA Statement of Policy Regarding Preferred Stock as adopted by the NASAA membership on April 27, 1997, and as amended March 31, 2008, and published in CCH NASAA Reports at paragraph 3001and September 11, 2016 (http://nasaa.cdn.s3.amazonaws.com/wp-content/uploads/2011/07/SOP-Regarding-Preferred-Stock-Amended0916.pdf) . ITEM 2. Amend subrule 50.66(18) as follows: 50.66(18) Use of proceeds. The registration of a security may be disallowed if itthe administrator determines that the registration does not substantially comply, as determined by the administrator, with the NASAA Statement of Policy Regarding Specificity in Use of Proceeds as adoptedamended by the NASAA membership on April 27, 1997, and as amended September 28, 1999, and March 31, 2008, and published in CCH NASAA Reports at paragraph 3831and September 11, 2016 (http://nasaa.cdn.s3.amazonaws.com/wp-content/uploads/2011/07/SPECIFICITY_IN_USE_OF_PROCEEDS-Amended0916.pdf) . ITEM 3. Adopt the following new subrule 50.66(20): 50.66(20) Promoters’ equity investment. The registration of a security may be disallowed by the administrator if the administrator determines that the registration does not substantially comply with the NASAA Statement of Policy Regarding Promoters’ Equity Investment as amended by the NASAA membership on April 27, 1997, March 31, 2008, and September 11, 2016 (http://nasaa.cdn.s3.amazonaws.com/wp-content/uploads/2011/07/PROMOTERS_EQUITY_INVESTMENT-revised0916.pdf) . ITEM 4. Adopt the following new subrule 50.66(21): 50.66(21) Unequal voting rights. The registration of a security may be disallowed by the administrator if the administrator determines that the registration does not substantially comply with the NASAA Statement of Policy Regarding Unequal Voting Rights as adopted by the NASAA membership on October 24, 1991, and as amended March 31, 2008, and September 11, 2016 (http://nasaa.cdn.s3.amazonaws.com/wp-content/uploads/2011/07/SOP_Unequal_Voting_Rights-Amended0916.pdf) . ITEM 5. Adopt the following new subrule 50.66(22): 50.66(22) Use of electronic offering documents and electronic signatures. a. Definitions.For purposes of this subrule, the following definitions apply. "Offering documents" means documents that include, but are not limited to, the registration statement, prospectus, applicable agreements, charter, bylaws, opinion of counsel and other opinions, specimen, indenture, consent to service of process and associated resolution, sales materials, subscription agreement, and applicable exhibits. "Sales materials" means materials that include only those materials to be used in connection with the solicitation of purchasers of the securities approved as sales literature or other related materials by the SEC, FINRA, and the states, as applicable. "Security breach" means the unauthorized accessing, acquisition, or disclosure of any data that compromises the security or confidentiality of confidential personal information maintained by the person or business; provided, however, that for this purpose a “security breach” shall relate only to a system, technology, or process that is used in connection with or is introduced into a securities offering in order to implement the use of electronic offering documents or electronic signatures. b. Use of electronic offering documents and subscription agreements. (1) An issuer of securities or agent acting on behalf of the issuer may deliver offering documents over the Internet or by other electronic means, or in machine-readable format, provided all of the following requirements are met:- Each offering document:
- Is prepared, updated, and delivered in a manner consistent and in compliance with state and federal securities laws;
- Satisfies the formatting requirements applicable to printed documents, such as font size and typeface, and is identical in content to the printed version (other than electronic instructions or procedures as may be displayed and nonsubstantive updates to daily net asset value which can be updated more efficiently in the electronic version);
- Is delivered as a single, integrated document or file; when delivering multiple offering documents, the documents must be delivered together as a single package or list;
- Where the offering documents include a hyperlink to external documents or content, provides notice to investors or prospective investors that the document or content being accessed by the hyperlink is provided by an external source; and
- Is delivered in an electronic format that intrinsically enables the recipient to store, retrieve, and print the documents;
- The issuer or agent acting on behalf of the issuer:
- Obtains informed consent from the investor or prospective investor to receive offering documents electronically;
- Ensures that the investor or prospective investor receives timely, adequate, and direct notice when an electronic offering document has been delivered;
- Employs safeguards to ensure that delivery of offering documents occurred at or before the time required by law in relation to the time of sale; and
- Maintains evidence of delivery by keeping records of its electronic delivery of offering documents and makes those records available on demand by the securities administrator.
- Before completion of any subscription agreement, the issuer or agent acting on behalf of the issuer shall review with the prospective investor all appropriate documentation related to the prospective investment including documents and instructions on how to complete the subscription agreement;
- Mechanisms shall be established to ensure a prospective investor reviews all required disclosures and scrolls through the document in its entirety prior to initialing or signing; and
- Unless otherwise allowed by the securities administrator, a single subscription agreement shall be used to subscribe a prospective investor in no more than one offering.
- In the event of discovery of a security breach at any time in any jurisdiction, the issuer or its agents, as appropriate, shall take prompt action to do all of the following:
- Identify and locate the breach.
- Secure the affected information.
- Suspend the use of the particular device or technology that has been compromised until information security has been restored.
- Provide notice of the security breach to any investor whose confidential personal information has been improperly accessed in connection with the security breach and to the securities administrator of each state in which an affected investor resides.
- Compliance with subparagraph 50.66(22)“b”(3) after the discovery of a security breach or any other breach of personal information shall not substitute or in any way affect other requirements or obligations, including notification, imposed on an issuer or its agents pursuant to applicable laws, regulations, or standards.
- The process by which electronic signatures are obtained:
- Shall be implemented in compliance with the Electronic Signatures in Global and National Commerce Act and the Uniform Electronic Transactions Act, and, where applicable, shall include required federal disclosures;
- Shall include an appropriate level of security and assurances of accuracy;
- Shall employ an authentication process to establish signer credentials;
- Shall employ security features that protect signed records from alteration; and
- Shall provide that either the issuer or agent acting on behalf of the issuer retain, in compliance with applicable laws and regulations, electronically signed documents;
- An investor or prospective investor shall expressly opt in to the electronic signature initiative, and participation may be terminated at any time; and
- Investment opportunities shall not be conditioned on participation in the electronic signature initiative.
Pursuant to the authority of Iowa Code section 730.5 and 2017 Iowa Acts, Senate File 32, the Department of Public Health hereby amends Chapter 12, “Approval of Confirmatory Laboratories for Private Sector Drug-Free Workplace Testing,” Iowa Administrative Code. These amendments are made as a result of 2017 Iowa Acts, Senate File 32, which allows hair to be included in acceptable samples from the human body that may be taken to test a private sector prospective employee for drugs. Acceptable samples had been limited to urine, breath, blood, and saliva. Other amendments are made to align with College of American Pathologists language for accrediting “forensic drug testing” laboratories, not “forensic urine drug testing” laboratories. Specifically, the following amendments are adopted. In rule 641—12.2(730), the definition of “sample” is revised to add “hair” to the list of acceptable body samples which may reveal the presence of alcohol or other drugs. Subrule 12.3(4) is amended to strike the word “urine” in reference to accreditation for forensic drug testing. Rule 641—12.14(730), Renewal, is amended to strike the word “urine” in reference to accreditation for forensic drug testing. Rule 641—12.16(730), Changes during approval periods, is amended to strike the word “urine” in reference to accreditation for forensic drug testing. Rule 641—12.18(730), Denial, suspension, modification or revocation of approval, is amended to strike the word “urine” in reference to accreditation for forensic drug testing. Rule 641—12.19(730), Restoration of approval, is amended to strike the word “urine” in reference to the on-site inspection for forensic drug testing. Notice of Intended Action was published in the Iowa Administrative Bulletin as ARC 3209C on July 19, 2017. No public comments were received. These amendments are identical to those published under Notice of Intended Action. The State Board of Health adopted these amendments on September 13, 2017. After analysis and review of this rule making, no impact on jobs has been found. These amendments are intended to implement Iowa Code section 730.5 and 2017 Iowa Acts, Senate File 32. These amendments will become effective November 15, 2017. The following amendments are adopted.
ITEM 1. Amend rule 641—12.2(730), definition of “Sample,” as follows: "Sample" means such sample from the human body capable of revealing the presence of alcohol or other drugs, or their metabolites. However, “sample” does not mean blood except as authorized pursuant to Iowa Code subsection 730.5(7), paragraph “l.” For the purpose of these rules, the substances determined by the department to be samples from the human body capable of accurately and reliably revealing the presence of alcohol or other drugs, or their metabolites, are urine, breath, blood,hair and saliva. ITEM 2. Amend subrule 12.3(4) as follows: 12.3(4) Designating the UHL to conduct an on-site inspection of each approved confirmatory laboratory at least once every two years. Inspection may be waived by the director if the laboratory has been inspected and accredited for forensic urine drug testing by the College of American Pathologists, or if the laboratory has been inspected and certified, licensed, or approved to conduct confirmatory testing by another state whose requirements are at least equal to Iowa’s. ITEM 3. Amend rule 641—12.14(730) as follows:641—12.14(730) Renewal. Laboratory approval to continue confirmatory testing for alcohol or other drugs, or their metabolites, must be renewed annually. The request for renewal shall include the following:- Name and address of laboratory.
- Renewal fee.
- Information that reflects any changes that occurred during the current approval period.
- Copy of supporting documents ifthe laboratory is accredited for forensic urine drug testing by the College of American Pathologists, or ifit is certified, licensed, or approved through reciprocity.
- Change in laboratory director.
- Change of address.
- Change in supervisor.
- Change in confirmation procedures.
- Change in proficiency testing program.
- Addition or subtraction of alcohol or other drugs, or their metabolites, being tested.
- Change of ownership.
- Loss of accreditation for forensic urine drug testing by the College of American Pathologists.
- Remain in compliance with the requirements of these rules.
- Provide required documentation, including documentation of laboratory personnel and proficiency test results.
- Maintain confidentiality.
- Meet proficiency testing criteria.
- Provide correct information.
- Satisfactorily complete the two most recent and relevant graded proficiency test reports from a recognized proficiency testing program (for initial approval).
- Correctly represent facts on a self-inspection questionnaire or other application documents.
- Pass an on-site inspection conducted by the College of American Pathologists for forensic urine drug testing, or by another state whose requirements are at least equal to Iowa’s, or by the UHL.
- Documentation of actions that correct the reasons for suspension, modification, or revocation.
- Documentation of a successful on-site inspection, if necessary, conducted by the College of American Pathologists for forensic urine drug testing, or by another state whose requirements are at least equal to Iowa’s, or by the UHL.
Pursuant to the authority of Iowa Code chapter 136C and 2017 Iowa Acts, Senate File 250, the Iowa Department of Public Health hereby amends Chapter 41, “Safety Requirements for the Use of Radiation Machines and Certain Uses of Radioactive Materials,” Iowa Administrative Code. These amendments incorporate the language from 2017 Iowa Acts, Senate File 250, into administrative rule to meet the intent of the legislation enacted during the 2017 Legislative Session to require communication of breast density composition as reflected on the patient’s mammogram to physicians and patients. The Department currently regulates the content of the mammography reports sent to the patient’s physicians and of the lay letters sent directly to the patients. These amendments add requirements concerning the content of these reports and letters to include language and educational references regarding the patient’s breast density and resulting risk of cancer incidence and impacts on mammography interpretation related to increased tissue density. Notice of Intended Action was published in the Iowa Administrative Bulletin as ARC 3210C on July 19, 2017. No public comments were received. These amendments are identical to those published under Notice of Intended Action. The State Board of Health adopted these amendments on September 13, 2017. After analysis and review of this rule making, no impact on jobs has been found. These amendments are intended to implement Iowa Code chapter 136C and 2017 Iowa Acts, Senate File 250. These amendments will become effective November 15, 2017. The following amendments are adopted.
ITEM 1. Adopt the following new subparagraph 41.6(4)"b": (10) Information on a patient’s breast density, as categorized by an interpreting physician at the facility based on standards as defined in nationally recognized guidelines or systems for breast imaging reporting of mammography screening, including the breast imaging reporting and data system of the American College of Radiology. ITEM 2. Adopt the following new subparagraph 41.6(4)"d": (3) The breast density information as designated in the report pursuant to 41.6(4)“b”(10) shall be included in the patient lay letter with a reference to a department-accepted site or document where the patient can obtain more information about breast density. For patients categorized as having heterogeneously dense breasts or extremely dense breasts, or an equivalent determination by another nationally recognized density gradient system, the notification to the patient shall include evidence-based information on dense breast tissue, the increased risk associated with dense breast tissue, and the effects of dense breast tissue on screening mammography and shall be stated in language appropriate for the facility’s patient population. [Filed 9/14/17, effective 11/15/17][Published 10/11/17]Editor’s Note: For replacement pages for IAC, see IAC Supplement 10/11/17.ARC 3394CPublic Health Department[641]Adopted and FiledPursuant to the authority of Iowa Code chapter 144 and 2017 Iowa Acts, Senate File 471, section 3, the Iowa Department of Public Health hereby amends Chapter 100, “Vital Records Registries and Reports,” Iowa Administrative Code. These amendments to Chapter 100 are required in order to implement and enforce the reporting requirements established under Iowa Code section 144.29A and 2017 Iowa Acts, Senate File 471, for the reporting of terminations of pregnancy. Notice of Intended Action was published in the Iowa Administrative Bulletin as ARC 3211C on July 19, 2017. No public comments were received. These amendments are identical to those published under Notice of Intended Action. The State Board of Health adopted these amendments on September 13, 2017. After analysis and review of this rule making, no impact on jobs has been found. These amendments are intended to implement Iowa Code chapter 144 and 2017 Iowa Acts, Senate File 471. These amendments will become effective November 15, 2017. The following amendments are adopted.
ITEM 1. Amend rule 641—100.1(144) as follows:641—100.1(144) Definitions. For the purpose of this chapter, the definitions in 641—Chapter 95 shall apply. In addition, the following definitions shall apply solely to this chapter: "Abortion" means the termination of a human pregnancy with the intent other than to produce a live birth or to remove a dead fetus. "Adult," when used in reference to the mutual consent voluntary adoption registry, means an individual who has reached the age of 18 years at the time application is made. "Aggregate form" means a compilation of the information received by the department on the Statistical Report of Termination of Pregnancy form for each item listed, with the exception of the report tracking number, the health care provider code, and any set of data for which the number is so small that the confidentiality of any person to whom the information relates may be compromised. "Attempt to perform an abortion" means an act, or an omission of a statutorily required act, that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in the performing of an abortion. "Child," when used in reference to the declaration of paternity registry, means a person under 18 years of age for whom paternity has not been established. "Court" means the juvenile court when used in reference to the declaration of paternity registry. "Father" means the male, biological parent of a child when used in reference to the declaration of paternity registry. "Fertilization" means the fusion of a human spermatozoon with a human ovum. "Health care provider" means an individual licensed under Iowa Code chapter 148, 148C, 148D, or 152, or any individual who provides medical services under the authorization of the licensee. "Inducing a termination of pregnancy" means the use of any means to terminate the pregnancy of a woman known to be pregnant with the intent other than to produce a live birth or to remove a dead fetus. “Inducing a termination of pregnancy” includes abortion. "Major bodily function" includes but is not limited to functions of the immune system, normal cell growth, and digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions. "Medical emergency" means a situation in which an abortion is performed to preserve the life of the pregnant woman whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy, or when continuation of the pregnancy will create a serious risk of substantial and irreversible impairment of a major bodily function of the pregnant woman. "Medical facility" means any public or private hospital, clinic, center, medical school, medical training institution, health care facility, physician’s office, infirmary, dispensary, ambulatory surgical center, or other institution or location where medical care is provided to any person. "Perform,” “performed," or “performing,” relative to an abortion, means the use of any means, including medical or surgical, to terminate the pregnancy of a woman known to be pregnant with the intent other than to produce a live birth or to remove a dead fetus. "Physician" means a person licensed under Iowa Code chapter 148. "Postfertilization age" means the age of the unborn child as calculated from fertilization. "Probable postfertilization age" means what, in reasonable medical judgment, will with reasonable probability be the postfertilization age of the unborn child at the time the abortion is to be performed. "Reasonable medical judgment" means a medical judgment made by a reasonably prudent physician who is knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved. "Registrant," when used in reference to the declaration of paternity registry, means a person who has registered and claims to be the father of a child. "Registry" means the declaration of paternity registry or the mutual consent voluntary adoption registry. "Sibling" means one of two or more persons who are born of the same parents or, sometimes, who have at least one parent in common. “Sibling” also means brother or sister when used in reference to the mutual consent voluntary adoption registry. "Spontaneous termination of pregnancy" means the occurrence of an unintended termination of pregnancy at any time during the period from conception to 20 weeks gestation and which is not a spontaneous termination of pregnancy at any time during the period from 20 weeks or greater which is reported to the department as a fetal death under Iowa Code chapter 144. "Unborn child" means an individual organism of the species Homo sapiens from fertilization until live birth. ITEM 2. Amend rule 641—100.5(144) as follows:641—100.5(144) Statistical report of termination of pregnancy report. A health care provider who initially identifies and diagnoses a spontaneous termination of pregnancy or who induces a termination of pregnancy shall file with the department a Statistical Report of Termination of Pregnancy form for each termination. 100.5(1) The health care provider shall make a good-faith effort to obtain all of the following information that is available with respect to each termination: a. The confidential health care provider code as assigned by the department. b. The report tracking number. c. The maternal health services region of the Iowa department of public health, as designated as of July 1, 1997, in which the patient resides. If the patient resides in another state, the residence shall be reported as “nonresident.” d. The race of the patient. e. The age of the patient. f. The marital status of the patient. g. The educational level of the patient. h. The number of previous pregnancies, live births, and spontaneous or induced terminations of pregnancies. i. The month and year in which the termination occurred. j. The number of weeks since the patient’s last menstrual period and a clinical estimate of gestation. k. Whether the termination was spontaneous or induced. l. The method used for an induced termination, including whether mifepristone was used. 100.5(2) In addition, a physician who performs or attempts to perform an abortion shall report to the department all of the following: a. If a determination of probable postfertilization age of the unborn child was made, the probable postfertilization age determined and the method and basis of the determination. b. If a determination of probable postfertilization age of the unborn child was not made, the basis of the determination that a medical emergency existed. c. If the probable postfertilization age of the unborn child was determined to be 20 or more weeks: (1) The basis of the determination of a medical emergency, or (2) The basis of the determination that the abortion was necessary to preserve the life of an unborn child. d. The method used for the abortion and: (1) In the case of an abortion performed when the probable postfertilization age was determined to be 20 or more weeks, whether the method of abortion used was one that, in the physician’s reasonable medical judgment, provided the best opportunity for an unborn child to survive, or (2) If such a method was not used, the basis of the determination that termination of the human pregnancy in that manner would pose a greater risk than would any other available method of the death of the pregnant woman or of the substantial and irreversible physical impairment of a major bodily function. 100.(2) 100.5(3) The health care provider who identifies a spontaneoustermination orperforms an induced termination shall prepare the report on the standard form and forward to the state registrar on or before the tenth day of each calendar month all records for the preceding month. Reports may be sent by certified mail to the state registrar. Termination reports shall be submitted within 30 days of the date of the occurrence. 100.(3) 100.5(4) The department shall provide the forms, or the provider may use the master copy of the form provided by the department to make copies for reporting. 100.(4) 100.5(5) The information shall be collected, reproduced, released, and disclosed in a manner which ensures the anonymity of: a. The patient who experiences a termination of pregnancy; b. The health care provider who identifies and diagnoses or induces a termination of pregnancy; and c. The hospital, clinic, or health facility in which a termination of pregnancy is identified and diagnosed or induced. 100.(5) 100.5(6) The department may share information with federal public health officials for the purpose of securing federal funding or conducting public health research. However, in sharing the information, the department shall not relinquish control of the information, and any agreement entered into by the department with federal public health officials to share information shall prohibit the use, reproduction, release, or disclosure of the information by federal public health officials in a manner which violates Iowa Code section 144.29A. 100.(6) 100.5(7) TheBy June 30, annually, the department shall annually publish a demographic summary of the information obtainedstatistics for the previous calendar year, compiled from the reports for that year, except that the department shall not reproduce, release, or disclose any information obtained which reveals the identity of any patient, health care provider, hospital, clinic, or other health facility, and shall ensure anonymity in the following ways: a. The department may use information concerning the report tracking number or concerning the identity of a reporting health care provider, hospital, clinic, or other health facility only for the purpose of information collection. The department shall not reproduce, release, or disclose this information for any purpose other than for use in annually publishing the demographic summary. b. The department shall enter information from any report of termination submitted within 30 days of receipt of the statistical report of termination of pregnancy and, following entry of the information, shall immediately destroy the report by shredding it. However, entry of the information from a report shall not include any health care provider, hospital, clinic, or other health facility identification information including, but not limited to, the confidential health care provider code, as assigned by the department. c. To protect confidentiality, the department shall limit release of information in an aggregate form which prevents identification of any individual patient, health care provider, hospital, clinic, or other health facility. d. The department shall establish and use a methodology to provide a statistically verifiable basis for any determination of the aggregate level at which information may be released so that the confidentiality of any person is not comprised. The methodology shall consider both the counts of the events for each item of information and the population that could be represented. 100.(7) 100.5(8) Reports, information, and records submitted and maintained are strictly confidential and shall not be released or made public upon subpoena, search warrant, discovery proceedings, or by any other means. 100.(8) 100.5(9) The department shall assign a code to any health care provider who may be required to report a termination. An application procedure shall not be required for assignment of a code to a health care provider. 100.(9) 100.5(10) A health care provider shall assign a report tracking number which enables the health care provider to access the patient’s medical information without identifying the patient. The report tracking number shall be maintained by the provider for a period of six months after the end of the calendar year. 100.(10) 100.5(11) To ensure proper performance of the reporting requirements, it is preferred that a health care provider who practices within a hospital, clinic, or other health facility authorize one staff person to fulfill the reporting requirements.For reporting of spontaneous terminations of pregnancy, a health care provider who practices within a hospital, clinic, or other health facility may file the required reporting forms with the department or may authorize one staff person to fulfill the reporting requirements. For reporting of induced terminations of pregnancy, the physician performing the termination shall file the required reporting forms with the department. 100.5(12) Reporting penalties. a. A physician who fails to submit a report in accordance with 2017 Iowa Acts, Senate File 471, section 3(3), and these rules by the end of 30 days following the due date shall be subject to a late fee of $500 for each additional 30-day period or portion of a 30-day period the report is overdue. The fee shall be collected by the department. b. A physician required to report in accordance with 2017 Iowa Acts, Senate File 471, section 3(3), who has not submitted a report or who has submitted only an incomplete report more than one year following the due date may, in an action brought by the board of medicine in the manner in which actions are brought to enforce Iowa Code chapter 148, be directed by a court of competent jurisdiction to submit a complete report within a time period stated by court order or be subject to contempt of court. c. A physician who intentionally or recklessly falsifies a report required under 2017 Iowa Acts, Senate File 471, section 3, is subject to a civil penalty of $100. The civil penalty shall be collected by the department pursuant to Iowa Code chapter 17A and 641—Chapter 173. 100.(11) 100.5(13) Any person who knowingly violates a provision of these rules is guilty of a serious misdemeanor pursuant to Iowa Code section 144.52. ITEM 3. Amend 641—Chapter 100, implementation sentence, as follows: These rules are intended to implement Iowa Code sections 144.29A, 144.52 and 252A.3Aand 2017 Iowa Acts, Senate File 471, section 3. [Filed 9/14/17, effective 11/15/17][Published 10/11/17]Editor’s Note: For replacement pages for IAC, see IAC Supplement 10/11/17.ARC 3395CPublic Health Department[641]Adopted and FiledPursuant to the authority of Iowa Code chapter 135 as amended by 2017 Iowa Acts, House File 393, the Iowa Department of Public Health hereby rescinds Chapter 112, “Biological Agent Risk Assessment,” Iowa Administrative Code. 2017 Iowa Acts, House File 393, repeals Iowa Code section 135.141(2)“c” that directs the Department to conduct and maintain a statewide risk assessment of biological agent danger. Since the creation of this statute in 2003, the federal government has established and implemented an effective national program. The Iowa Homeland Security and Emergency Management Department and the State Hygienic Laboratory are key partners in these efforts and agree that the federal program for identifying and tracking biological agents is adequately meeting the intent of this statute. This amendment rescinds Chapter 112. Notice of Intended Action was published in the Iowa Administrative Bulletin as ARC 3205C on July 19, 2017. No public comments were received. This amendment is identical to that published under Notice of Intended Action. The State Board of Health adopted this amendment on September 13, 2017. After analysis and review of this rule making, no impact on jobs has been found. This amendment is intended to implement Iowa Code chapter 135 and 2017 Iowa Acts, House File 393. This amendment will become effective November 15, 2017. The following amendment is adopted.
ITEM 1. Rescind and reserve 641—Chapter 112. [Filed 9/14/17, effective 11/15/17][Published 10/11/17]Editor’s Note: For replacement pages for IAC, see IAC Supplement 10/11/17.ARC 3396CPublic Health Department[641]Adopted and FiledPursuant to the authority of Iowa Code chapters 135, 147A and 613 and 2017 Iowa Acts, House File 393, the Iowa Department of Public Health hereby amends Chapter 143, “Automated External Defibrillator Program,” Iowa Administrative Code. 2017 Iowa Acts, House File 393, repeals the automated external defibrillator (AED) program established in Iowa Code section 135.26. It has been ten years since the funding for the program was eliminated, and the goal of providing defibrillators was achieved. This amendment updates Chapter 143 by amending the chapter title, striking the rules that relate to the purchase and placement of automated external defibrillators, renumbering the rules regarding automated external defibrillator maintenance and amending the parenthetical reference to the statute implemented, and striking the rules concerning fire department response with automated external defibrillator. Notice of Intended Action was published in the Iowa Administrative Bulletin as ARC 3204C on July 19, 2017. No public comments were received. This amendment is identical to that published under Notice of Intended Action. The State Board of Health adopted this amendment on September 13, 2017. After analysis and review of this rule making, no impact on jobs has been found. This amendment is intended to implement Iowa Code chapters 135, 147A and 613 and 2017 Iowa Acts, House File 393. This amendment will become effective November 15, 2017. The following amendment is adopted.
ITEM 1. Amend 641—Chapter 143 as follows: CHAPTER 143AUTOMATED EXTERNAL DEFIBRILLATOR PROGRAMMAINTENANCEAUTOMATED EXTERNAL DEFIBRILLATOR GRANT PROGRAM641—143.1(135) Purpose. An automated external defibrillator grant program is established to provide matching funds to eligible organizations that are seeking to implement an early defibrillation program. The objective of the grant program is to enhance and supplement the emergency response system in rural areas of the state by providing increased access to automated external defibrillator equipment by rural emergency and community personnel.641—143.2(135) Definitions. For the purposes of these rules, the following definitions shall apply: "Automated external defibrillator" "AED" means an external semiautomatic device that determines whether defibrillation is required. "Community organization" means an educational institution, nonprofit organization, social service agency, philanthropic organization, or business, trade, or professional association. "CPR" means cardiopulmonary resuscitation. "Department" means the Iowa department of public health. "Early defibrillation program" means a program established by the applicant to enhance and supplement the local EMS system. "EMS" means emergency medical services. "Local board of health" means a county, city, or district board of health. "Rural" means a geographic area outside an urban or suburban setting with a population of less than 15,000 persons.641—143.3(135) Application process. To be eligible for an automated external defibrillator program grant, a local board of health, community organization or city shall: 143.3(1) Properly complete and submit the department’s AED grant program application, which shall require an applicant to: a. Demonstrate the ability to provide matching funds of 50 percent of the cost of the program; b. Designate an individual who shall be responsible for the overall supervision of the early defibrillation program; and c. Include a plan for increasing rural emergency or community personnel access to automated external defibrillator equipment; and 143.3(2) Notify local EMS service programs of the intent to establish an early defibrillation program.641—143.4(135) Early defibrillation program. A local board of health, community organization or city that receives an automated external defibrillator program grant shall: 143.4(1) Adopt and implement a policy that ensures establishment of an emergency plan of action; AED maintenance; personnel competency in the use of an AED and CPR; and a method for postevent analysis and staff debriefing. 143.4(2) Designate an individual who shall be responsible for the overall supervision of the early defibrillation program. 143.4(3) Submit an annual report to the department indicating the number of AED uses, patient outcomes and number of individuals trained. 143.4(4) Comply with the terms and conditions of the contract with the department for implementation of the program.641—143.5(135) Review process. The department shall establish a request for proposal and application process for eligible organizations to apply for an automated external defibrillator program grant. The department shall establish a process to review applications, which shall include receiving input from a review committee. The review process and review criteria shall be described in the request for proposals.641—143.6(135) Appeals. An applicant may appeal the denial of a properly submitted grant application. Appeals shall be governed by 641—176.8(135,17A).641—143.7() Reserved.641—143.8() Reserved.641—143.9() Reserved.AUTOMATED EXTERNAL DEFIBRILLATOR MAINTENANCE641—143.10 641—143.1(135613) Purpose. These rules establish standards for the maintenance of automated external defibrillators for a person or entity that owns, manages or is otherwise responsible for the premises on which an automated external defibrillator is located if the person or entity maintains the automated external defibrillator in accordance with Iowa Code section 613.17as amended by 2008 Iowa Acts, Senate File 505.641—143.11 641—143.2(135613) Definition. For the purposes of these rules, the following definition shall apply: "Automated external defibrillator" "AED" means an external semiautomatic device that determines whether defibrillation is required.641—143.12 641—143.3(135613) AED maintenance. The person or entity maintaining the AED shall: 143.12(1) 143.3(1) Ensure that the AED is maintained and inspected in accordance with the manufacturer’s guidelines. 143.12(2) 143.3(2) Maintain records of all maintenance and inspections of the AED for the usable life of the device. 143.12(3) 143.3(3) Ensure that the AED is programmed to conform to nationally accepted guidelines for treatment of cardiac arrest patients. These rules are intended to implement Iowa Code section 135.26613.17.641—143.13() Reserved.641—143.14() Reserved.641—143.15() Reserved.FIRE DEPARTMENT RESPONSE WITH AUTOMATED EXTERNAL DEFIBRILLATOR641—143.16(147A) Purpose. The purpose of these rules is to allow a local fire department that is not authorized as an EMS service program and that has an AED to respond to cardiac arrest events in the department’s community. These rules are intended to enhance and supplement the local EMS system with nontraditional early defibrillation programs.641—143.17(147A) Definitions. For the purpose of these rules, the following definitions shall apply: "Automated external defibrillator" "AED" means an external semiautomatic device that determines whether defibrillation is required. "CPR" means training and successful course completion in cardiopulmonary resuscitation, AED, and obstructed airway procedures for all age groups according to recognized national standards. "Emergency medical care provider" means an individual who has been trained to provide emergency and nonemergency medical care at the first responder, EMT-basic, EMT-intermediate, EMT-paramedic, paramedic specialist or other certification levels recognized by the department before 1984 and who has been issued a certificate by the department. "Local fire department" means a paid, volunteer, or combination fire protection service provided by a benefited fire district under Iowa Code chapter 357B or by a county, municipality or township or a private corporate organization that has a valid contract to provide fire protection service for a benefited fire district, county, municipality, township or governmental agency. “Local fire department” does not include a military or private industrial fire department or an authorized Iowa EMS service. "Service program" "service" means any medical care ambulance service or nontransport service that has received authorization by the department.641—143.18(147A) Local fire department AED service registration. A local fire department that desires to allow its firefighters to use an AED may register with the department to provide AED coverage. 143.18(1) Training requirements. Local fire department personnel wishing to provide AED coverage shall have current course completion in CPR. 143.18(2) Local fire department AED service—registration, guidelines, and standards. A local fire department may register with the department to provide AED coverage. Local fire departments seeking registration with the department shall: a. Complete the department’s AED service registration form initially and every five years thereafter. b. Provide an AED liaison to be responsible for supervision of the AED service. c. Ensure that the AED is maintained and inspected in accordance with rule 641—143.12(135). d. Maintain records of all maintenance and inspections of the AED for the usable life of the device. e. Ensure that the fire department’s AED providers maintain AED and CPR skill competency. f. Identify which authorized Iowa ambulance service program(s) will provide patient transportation. g. Ensure that emergency medical care is limited to CPR and AED. 143.18(3) Complaints and investigations. Complaints and investigations shall be conducted as with any complaint received against an EMS service program in accordance with rule 641—132.10(147A). These rules are intended to implement Iowa Code chapters 135, 147A and 613. [Filed 9/14/17, effective 11/15/17][Published 10/11/17]Editor’s Note: For replacement pages for IAC, see IAC Supplement 10/11/17.ARC 3397CPublic Health Department[641]Adopted and FiledPursuant to the authority of Iowa Code chapter 135 and section 135A.9 and 2017 Iowa Acts, House File 393, the Iowa Department of Public Health hereby amends Chapter 186, “Governmental Public Health Advisory Council,” Iowa Administrative Code. 2017 Iowa Acts, House File 393, division V, changes the definition of “local board of health” to be the same as defined in Iowa Code section 137.102. This amendment updates the definition in Chapter 186. Notice of Intended Action was published in the Iowa Administrative Bulletin as ARC 3213C on July 19, 2017. No public comments were received. This amendment is identical to that published under Notice of Intended Action. The State Board of Health adopted this amendment on September 13, 2017. After analysis and review of this rule making, no impact on jobs is anticipated. This amendment is intended to implement Iowa Code chapter 135A and 2017 Iowa Acts, House File 393, divisions V and VII. This amendment will become effective November 15, 2017. The following amendment is adopted.
ITEM 1. Amend rule 641—186.2(135A), definition of “Local board of health,” as follows: "Local board of health" means acity, county, or district board of health. [Filed 9/14/17, effective 11/15/17][Published 10/11/17]Editor’s Note: For replacement pages for IAC, see IAC Supplement 10/11/17.ARC 3398CPublic Health Department[641]Adopted and FiledPursuant to the authority of Iowa Code chapter 135 and 2017 Iowa Acts, House File 393, the Iowa Department of Public Health hereby rescinds Chapter 201, “Organized Delivery Systems,” Iowa Administrative Code. 2017 Iowa Acts, House File 393, division VII, removes all references to organized delivery systems from the Iowa Code. House File 393 removes the underlying statutory authority for Chapter 201. Iowa does not have any organized delivery systems operating in the state at this time due to other health organizational structures meeting the original intent of the legislation that created organized delivery systems. This amendment rescinds Chapter 201. Notice of Intended Action was published in the Iowa Administrative Bulletin as ARC 3214C on July 19, 2017. No public comments were received. This amendment is identical to that published under Notice of Intended Action. The State Board of Health adopted this amendment on September 13, 2017. After analysis and review of this rule making, no impact on jobs has been found. This amendment is intended to implement Iowa Code chapter 135A and 2017 Iowa Acts, House File 393, division VII. This amendment will become effective November 15, 2017. The following amendment is adopted.
ITEM 1. Rescind and reserve 641—Chapter 201. [Filed 9/14/17, effective 11/15/17][Published 10/11/17]Editor’s Note: For replacement pages for IAC, see IAC Supplement 10/11/17.ARC 3399CTransportation Department[761]Adopted and FiledPursuant to the authority of Iowa Code sections 307.12 and 307A.2, the Iowa Department of Transportation, on September 21, 2017, adopted an amendment to rescind Chapter 110, “Highway Project Planning,” Iowa Administrative Code. The Department is rescinding Chapter 110. This chapter is redundant and superfluous. Iowa Code section 22.2 and 761—Chapter 4 allow for the public to obtain public records regarding highway project planning. The public may find information concerning highway project planning on the Department’s Web site. Notice of Intended Action for this amendment was published in the July 19, 2017, Iowa Administrative Bulletin as ARC 3201C. This amendment is identical to the one published under Notice of Intended Action. These rules do not provide for 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. After analysis and review of this rule making, no impact on jobs has been found. This amendment is intended to implement Iowa Code section 17A.3. This amendment will become effective November 15, 2017. The following amendment is adopted.
ITEM 1. Rescind and reserve 761—Chapter 110. [Filed 9/21/17, effective 11/15/17][Published 10/11/17]Editor’s Note: For replacement pages for IAC, see IAC Supplement 10/11/17.ARC 3400CTransportation Department[761]Adopted and FiledPursuant to the authority of Iowa Code sections 307.12 and 307A.2, the Iowa Department of Transportation, on September 21, 2017, adopted an amendment to rescind Chapter 125, “General Requirements and Covenants for Highway and Bridge Construction,” Iowa Administrative Code. Chapter 125 includes information on the Department’s “Standard Specifications for Highway and Bridge Construction” and supplemental specifications. The Department is rescinding Chapter 125 since this chapter is no longer needed. These publications are available in electronic format on the Department’s Web site at www.iowadot.gov. Contact and other information concerning specifications is also available on the Department’s Web site. Notice of Intended Action for this amendment was published in the August 2, 2017, Iowa Administrative Bulletin as ARC 3219C. This amendment is identical to the one published under Notice of Intended Action. These rules do not provide for 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. After analysis and review of this rule making, no impact on jobs has been found. This amendment is intended to implement Iowa Code section 307.24. This amendment will become effective November 15, 2017. The following amendment is adopted.
ITEM 1. Rescind and reserve 761—Chapter 125. [Filed 9/21/17, effective 11/15/17][Published 10/11/17]Editor’s Note: For replacement pages for IAC, see IAC Supplement 10/11/17.ARC 3401CWorkforce Development Department[871]Adopted and FiledPursuant to the authority of Iowa Code section 96.11, the Director of the Department of Workforce Development hereby amends Chapter 22, “Employer Records and Reports,” Chapter 23, “Employer’s Contribution and Charges,” and Chapter 24, “Claims and Benefits,” Iowa Administrative Code. These amendments update, clarify and simplify the procedures by which claimants and employers interact with Iowa Workforce Development. Notice of Intended Action for these amendments was published in the August 16, 2017, Iowa Administrative Bulletin as ARC 3250C. No comments were received. The Notice was on the agenda at the Administrative Rules Review Committee (ARRC) meeting held on September 12, 2017. No questions or comments were received during this public meeting of the ARRC. These amendments are identical to those published under Notice. These amendments do not have any fiscal impact on the State of Iowa. Waiver provisions do not apply to this rule making. After analysis and review of this rule making, no impact on jobs has been found. These amendments are intended to implement Iowa Code chapter 96. These amendments will become effective November 15, 2017. The following amendments are adopted.
ITEM 1. Amend rule 871—22.4(96) as follows:871—22.4(96) Reporting of earnings data by secure file transfer. 22.4(1) The employer may submit an electronic file in lieu of Form 65-5300, Employer’s Contribution & Payroll Report. Authorization for this reporting method will be given if the employer meets the specification requirements to be compatible with the department’s computer capabilities. Such specifications will be furnished upon request. 22.4(2) The electronic file submitted willmust contain, for each reporting unit, all of therequired employer information, wage information, and labor market information required when filing using the Form 65-5300, Employer’s Contribution & Payroll Report. If this method of filing is selected, all wages must be filed using this method. The report will not be considered filed until all worksite reporting units have filed. All corrections to previous reports submitted to the department must be listed and submittedon Form 68-0061, Employer’s Wage Adjustment Reportelectronically. 22.4(3) The director shall annually designate the number of wage lines per report that will require the report be filed electronically. This rule is intended to implement Iowa Code section 96.11(6)“a.” ITEM 2. Amend rule 871—22.5(96) as follows:871—22.5(96) Filing of quarterly report formscontribution and payroll by newly subject or covered employers. Any employing unit which becomes an employer subject to this chapter within any calendar quarter other than by a voluntary election of the employing unit shall file reportscontribution and payroll for each calendar quarter on Form 65-5300, Employer’s Contribution and Payroll Report. ReportsPayroll shall include all wages paid during the current quarter as well as separate quarterly reports for wages paid in prior quarters of the same calendar year. The first quarterly reports of that employer shall be due on the last day of the calendar month following the close of the calendar quarter in which the employing unit becomes subject to theIowa Code and shall be considered delinquent if not submitted and paid by that date. Any employer filing a voluntary election for coverage must begin filing reports in the quarter the employer’s election is effective. This rule is intended to implement Iowa Code sections 96.7(1), 96.14(1), 96.14(2) and 96.8(3). ITEM 3. Amend subrule 22.9(2) as follows: 22.9(2) Each employing unit which shall hereafter begin business in the state of Iowa in any manner whatsoever whether by succession to a business already being operated, by starting a new business, or otherwise, shall, within 30 days after beginning such business, inform the department of that fact, request the forms referred to in 22.9(1) and make and file the report required of all employing units by said rulecomplete a registration and file contribution and payroll for all reporting units. ITEM 4. Amend subrule 22.10(1) as follows: 22.10(1) Change in partnership. In any case in which a partnership consisting of two or more partners adds to or deletes a partner or partners and is not required by the Internal Revenue Service to obtain a new federal identification number after such addition or deletion of partner or partners, the partnership shall notify the department of such change by filing a Form 68-0234, Report of a Partnership on Change in Partners, within ten days from the date the change occurred. The department will subsequently correct the partnership account to reflect this change. ITEM 5. Amend subrule 22.13(1), introductory paragraph, as follows: 22.13(1) Any employing unit reporting under an assigned account and having one or more reporting units in the state of Iowa may request in writing or electronically the assignment of a reporting unit number which will be assigned for the specific purpose of mailing Form 65-5317, Notice of Claim Filing, to the reporting unit so that responsible personnel at that location can make a timely protest on Form 65-5317 if the employment separation was for a disqualifiable reason. Those accounts so wishing may request in writing that all unemployment insurance material other than Form 65-5317, Notice of Claim Filing, be sent to the home office or regional accounting office. All such requests must be from a responsible financial or operating officer of the firm and shall indicate: ITEM 6. Amend paragraph 22.17(4)"e" as follows: e. To verify the reporting of all workers reportable to the department under Iowa Code chapter 96, questionable entries will be investigated and documented. Under rule 871—22.7(96), if the employer disagrees with the audit decision on coverage of a worker, the auditor may require the employer to complete Form 68-0192, Job Service Questionnaire Forfor Determining Status of Workers. In any disputed case, the auditor is to be granted access to records as necessary to determine the remuneration paid for any given calendar quarter. ITEM 7. Amend paragraph 22.17(5)"b" as follows: b. When an unemployment insurance claim is filed, an auditor may request to examine the records of an employer to establish the claimant’s rights to benefits under Iowa Code chapter 96. Form 68-0192, Job Insurance Questionnaire Forfor Determining Status of Workers, and supporting documents may be required in contested cases. If the department determines that the claimant is an employee, the records will be examined to determine the correct amount of wages paid to the claimant and the period to which the wages apply. ITEM 8. Amend paragraph 22.17(5)"c" as follows: c. When an employer fails or refuses to file a reportcontribution and payroll, the auditor may examine the records to determine the correct amount of wages that should be reported, prepare the report,and may compute and collect contributions, penalty, and interest due. Should records not be made available, the auditor may estimate the wages paid and amounts due pursuant to 871—subrule 23.59(2). ITEM 9. Amend subrule 23.1(30) as follows: 23.1(30) Quarterly Wagewage report. A report by an employer of the wages of individual workersthat generates after the employer has electronically submitted its quarterly contribution and payroll. ITEM 10. Amend subrule 23.1(31) as follows: 23.1(31) Quarterly Wage listingwage detail. A report listing workers and their wages by social security number. ITEM 11. Amend paragraph 23.70(11)"a" as follows: a. A nonprofit organization changing its tax status from reimbursable to contributory or contributory to reimbursable will retain the samebe given a new employer account number. A nonprofit organization terminating its election to reimburse the fund shall be treated as a newly covered employer for the purpose of establishing a contribution rate, except as provided in paragraph “b.” ITEM 12. Amend subparagraph 24.2(1)"e" as follows: (2) In order for an individual to receive payment by direct deposit, the individual must provide thefinancial institution selected by the department with the appropriate bank routing code number and a checking or savings account number. ITEM 13. Adopt the following new subrule 24.26(17): 24.26(17) Separation due to incarceration. a. The claimant shall be eligible for benefits if the department finds that all of the following conditions have been met: (1) The employer was notified by the claimant prior to the absence; (2) Criminal charges relating to the incarceration were not filed against the individual, all criminal charges against the individual relating to the incarceration were dismissed, or the claimant was found not guilty of all criminal charges relating to the incarceration; (3) The claimant reported back to the employer within two work days of the release from incarceration and offered services to the employer; and (4) The employer rejected the offer of services. b. If the claimant fails to satisfy the requirements of subparagraph 24.26(17)“a”(1), the claimant shall be considered to have voluntarily quit the employment if the claimant was absent for three work days or more under subrule 24.25(4). If the absence was two days or less, the separation shall be considered a discharge under rule 871—24.32(96). If all of the conditions of subparagraphs 24.26(17)“a”(2), (3) and (4) are not satisfied, the separation should be considered a discharge under rule 871—24.32(96). This subrule is intended to implement Iowa Code section 96.5 and Supreme Court of Iowa decision, Irving v. Employment Appeal Board, 883 N.W.2d 179. ITEM 14. Rescind subrule 24.32(3) and adopt the following new subrule in lieu thereof: 24.32(3) Gross misconduct. a. For the purposes of these rules, gross misconduct shall be defined as misconduct involving an indictable offense in connection with the claimant’s employment, provided that such claimant is duly convicted thereof, has signed a statement admitting that such claimant has committed such act, or has admitted to the department that claimant has committed such act. b. An indictable offense means a common law or statutory offense presented on indictment or on county attorney’s information, and includes all felonies and all indictable misdemeanors punishable by a fine of more than $500 or by imprisonment in the county jail for more than 30 days. c. If gross misconduct is established, the department shall cancel the individual’s wage credits earned, prior to the date of discharge, from all employers regardless of when the act occurred during the benefit year. [Filed 9/20/17, effective 11/15/17][Published 10/11/17]Editor’s Note: For replacement pages for IAC, see IAC Supplement 10/11/17.ARC 3402CWorkforce Development Department[871]Adopted and FiledPursuant to the authority of Iowa Code section 96.11, the Director of the Department of Workforce Development hereby amends Chapter 23, “Employer’s Contribution and Charges,” and Chapter 25, “Benefit Payment Control,” Iowa Administrative Code. These amendments update, clarify and simplify the procedures by which claimants and employers interact with Iowa Workforce Development. Notice of Intended Action for these amendments was published in the August 16, 2017, Iowa Administrative Bulletin as ARC 3254C. No comments were received. These amendments were on the agenda at the Administrative Rules Review Committee (ARRC) meeting held on September 12, 2017. No questions or comments were received during this public meeting of the ARRC. This Adopted and Filed rule making differs from the Notice of Intended Action. In Item 21, the amendment to subrule 23.66(1) has been revised to strike the word “certified” from the last sentence of the subrule. These amendments do not have any fiscal impact on the State of Iowa. Waiver provisions do not apply to this rule making. After analysis and review of this rule making, no impact on jobs has been found. These amendments are intended to implement Iowa Code chapter 96. These amendments will become effective November 15, 2017. The following amendments are adopted.
ITEM 1. Amend paragraph 23.2(6)"c" as follows: c. In the absence of an agreement in a contract of hire, the rate for board, rent, housing, lodging, meals, or similar advantage, furnished in addition to money wages or wholly comprising the wages of an employed individual, shall be deemed to have not less than the following cash value except as provided in paragraph “d” of this subrule.Full board and room per week$272.00300.00Meals (without lodging) per week92.00100.00Meals (without lodging) per day18.4020.20Lodging (without meals) per week180.00198.00Lodging (without meals) per day36.0040.00Individual meals:Breakfast4.004.50Lunch4.805.30Dinner9.6010.50A meal not identifiable as either breakfast, lunch or dinner4.004.50 ITEM 2. Amend subrule 23.14(1), introductory paragraph, as follows: 23.14(1) An employing unit having services performed for it which are not subject to the compulsory coverage provisions of the Act may file an application Form 68-0598, Voluntary Election, for voluntary election to become an employer under the law or to extend its coverage to individuals performing services which do not constitute employment as defined in the law. ITEM 3. Amend paragraph 23.14(1)"e" as follows: e. Theeffective date of filing of athe voluntary election shall be deemed to beis the date on which the written election, signed by a legally authorized individual,that it is received by the department. ITEM 4. Rescind subrule 23.31(1) and adopt the following new subrule in lieu thereof: 23.31(1) Application and required information. a. The experience of a distinct and segregable portion of an organization, trade, or business shall be transferred to an employing unit which has acquired such portion only if the successor employing unit: (1) Completes an electronic registration within 90 days after the date of purchase; (2) Submits necessary information establishing the separate identity of the accounts within 30 days after request is made by the department unless the time is extended for good cause shown; and (3) Continues to operate the acquired portion of the business. b. Necessary information establishing the separate identity of the account includes but is not limited to: (1) Authorized agreement to the transfer by the predecessor; (2) Date of acquisition of the segregable portion; (3) Date of commencement of the segregable portion by the predecessor; (4) The names of employees, their social security numbers, and their wages attributable to the acquired portion of the business for the six calendar quarters including and immediately preceding the quarter in which the acquisition occurred; and (5) The predecessor and successor names, addresses, and account numbers and information showing the total taxable wages and benefit charges to be transferred by quarter, for the 20 calendar quarters including and immediately preceding the date of the acquisition. c. It shall be the sole responsibility of the successor employer to determine whether or not to apply for a partial transfer of experience. An application for a partial transfer may be withdrawn at any time prior to the department’s notice that the transfer has been approved. d. It shall be the sole responsibility of the predecessor employer to determine whether or not to grant the partial transfer of experience. Permission to grant the partial transfer of experience may be withdrawn at any time prior to the department’s notice that the transfer has been approved. ITEM 5. Amend subparagraph 23.31(2)"b" as follows: (3) The individual wage records attributable to the acquired portion (as supplied on Form 68-0065); or ITEM 6. Amend paragraph 23.31(2)"c" as follows: c. If the predecessor’s account has been in existence more than five years but the acquired portion came into existence within the last five years, the actual taxable wages, benefit charges, and individual wage records (as supplied on Form 68-0065) attributable to the acquired portion shall be transferred; or ITEM 7. Amend paragraph 23.32(5)"a" as follows: a. The employer will be notified of the penalty contribution rate on Form 95-5306, Notice of Unemployment Insurance Contribution Rate. ITEM 8. Rescind subrule 23.37(2) and adopt the following new subrule in lieu thereof: 23.37(2) If the contribution and wage report first submitted by an employer understates the amount of wages paid for a given period, the employer will electronically submit a wage adjustment for the period and make payment covering all additional contributions, penalty and interest due. a. If it is apparent, upon examination of any wages reported or adjusted, that a greater contribution than is required by law has been paid, the department may, within three years from the date of such overpayment, make an adjustment and issue a credit for such overpayment. b. If it is not apparent from the examination of any wages reported or adjusted that a contribution greater than that required by law has been made, any employer or employing unit claiming a credit shall submit a request within three years from the date on which such overpayment was made. A credit shall be granted only after a review of the request which will set forth such information in the matter as may be required. If, after such review, the adjustment is found to be in order, the department shall issue a credit or refund for the overpayment. ITEM 9. Amend paragraph 23.43(9)"b" as follows: b. The Iowa employer whose wage credits have been transferred and who has potential liability will be notified on Form 65-5522, Notice of Wage Transfer, that the wages have been transferred, the state to which they have been transferred, and the mailing address to which a protest of potential charges may be mailed. This protest must be postmarked or received by the department within ten days of the date the Form 65-5522 was mailedon the notice to be considered as a timely protest of charges. If the protest from either the reimbursable or contributory employer justifies relief of charges, charges shall go to the balancing account. ITEM 10. Amend subrule 23.54(2) as follows: 23.54(2) An employing unit which has appealed a determination of liability, or a payment of contributions due, shall file Form 65-5300, Employer’s Contribution and Payroll Report,quarterly contribution and payroll for all quarters for which the employer is held liable regardless of any appeal. Such reports are to be marked by the employer “Appeal Filed” and submitted with fullFull payment of the disputed assessment, without payment or with a payment in theor amount estimated to be owed by the employing unitshall be submitted. ITEM 11. Amend subrule 23.57(1) as follows: 23.57(1) If an employer, on its own motion, submits an adjustment for an error made on a previous reportpreviously submitted wage detail and pays any additional contributions due on the adjustment when the employer submits the adjustment, no interest on the additional contributions will be charged if it is shown to the satisfaction of the department that the error on the original report and subsequent late payment of the contribution due on the adjustment was not the result of negligence, fraud, intentional disregard of the law or rules of the department. ITEM 12. Amend subrule 23.59(1) as follows: 23.59(1) If the department finds from the examination of the employer’s reports or account that the contributions have been underpaid because of a department error in assigning the contribution rate, the additional contributions shall be paid within 30 days after the department notifies the employer; however, no interest or penalty will accrue until 30 days after the notification. ITEM 13. Rescind subrule 23.59(2) and adopt the following new subrule in lieu thereof: 23.59(2) Assessment—failure to file quarterly contribution and payroll. a. If any employing unit fails to file quarterly contribution and payroll as required, the department shall make an estimate based upon any information in its possession or that may come into its possession of the amount of wages paid for employment in the period or periods for which no wage detail was filed. The basis of such estimates shall compute and assess the amounts of employer contributions payable by the employing unit together with interest and penalty. b. Whenever the department determines that the collection of contributions from an employer is in jeopardy and the employer has failed to file the necessary wages paid for the quarter for which such contributions are due and payable or have been declared due and payable prior to the reporting date set out in rule 871—23.8(96), the department shall prepare estimated reports. c. Such estimates may be made by authorized personnel in the tax bureau and shall be referred to the collection unit. ITEM 14. Amend subrule 23.60(1) as follows: 23.60(1) An employer who fails to file or make sufficient a report of wages paid to each of its employees for any period in the time and manner set forth in Iowa Code section 96.7 and rule 871—22.3(96) shall pay to the department a penalty in accordance with Iowa Code section 96.14(2). ITEM 15. Amend subrule 23.60(2) as follows: 23.60(2) The amount of the penalty for a delinquent or insufficient reportquarterly contribution and payroll shall be based on the total wages paid by the employer in the period for which the report was due, except that the. The penalty shall not be less than $35 for the delinquent reportdelinquency or the insufficient reportwage detail not made sufficient within 30 days of a request to do so. An insufficient reportInsufficient wage detail is defined as a quarterly reportsubmission that does not have all social security numbers, all corresponding names, total wages for each employee, or a reporting unit number. ReportsWage detail submitted without a correct account number, federal employer identification number, labor market information, signature, or reportwage detail submitted for an unemployment account that has not yet been established by the employer or agent may be considered insufficient. ITEM 16. Amend rule 871—23.61(96) as follows:871—23.61(96) Collection of interest and penalties. When a reportwage detail is filed with contributions paid but penalties and interest due, penalties and interest may be assessed and a lien filed in the same manner as for unpaid contributions. ITEM 17. Amend subrule 23.62(1) as follows: 23.62(1) Interest and penalty charges may be rescinded whenever an employer can provide documentary evidence to the satisfaction of the department that an inquiry in writing was directed to the department within 15 days following the end of the quarter for the report(s) or contribution(s)contribution or payroll, untimely filed or paid, and such contributions are paid in full. ITEM 18. Amend subrule 23.65(1) as follows: 23.65(1) Filing of liens and notice of jeopardy assessments. a. If reportswages are filed by an employer for the purpose of determining the amount of contribution due, or an assessment of contribution due, and the employer fails to pay any part of the contributions, interest and penalties due as determined by the report or assessment, Form 68-0043,a Notice of Assessment and Lien, will be sentissued to the employer. b. If, 30 days after a Notice of Assessment and Lien, or a Notice of Jeopardy Assessment, has been servedissued (see subrule 23.59(2)) and the employer has failed to make payment in full of the amounts that were assessed, the department may file a lien with the county recorder of the county in which the employer has its principal place of business, or with the county recorder of any county in which the employer has real or personal property. c. The lien, known as a Form 68-0024, Notice of Lien, shall state the date of assessment, the employer’s name, address and account number, and the amount due. The recorder shall record the Notice of Lien as provided in Iowa Code section 96.14(3). ITEM 19. Amend subrule 23.65(3) as follows: 23.65(3) As provided in Iowa Code section 96.14(3), the lien shall attach as of the date the assessment is mailed or personally served uponissued to the employer. ITEM 20. Amend subrule 23.65(10) as follows: 23.65(10) Upon payment of contributions, interest, penalty, and costs, the department shall execute a Form 68-0199, Satisfaction of Lien, by filing it with the recorder’s office for the county where the lien was filed. A copy of this satisfaction shall be mailedprovided to the employer. ITEM 21. Amend subrule 23.66(1) as follows: 23.66(1) If the department believes the collection of any contribution will be jeopardized by delay, the department may, whether or not the time otherwise prescribed by rule 871—23.8(96) for making returnfiling and paying any contribution has expired, immediately assess the contributions, together with all interest and penalty. The contributions, penalty and interest shall become immediately due and payable. The jeopardy assessment may be made by personal service upon the employer or the employer’s agent by a representative of the department or civil officer of the state. Should immediate personal service not be possible, the jeopardy assessment shall be sent by certified mail to the employer’s address of record and such mailing shall be a satisfactory service. ITEM 22. Amend rule 871—25.1(96), definition of “Wages,” as follows: "Wages" means the same as earnings. See rules 871—24.13(96) and 871—24.16(96).a. When a money value for board or lodging, or both, furnished a worker is agreed upon in a contract of hire, the amount so agreed upon, if more than the rates determined by the department or the rates prescribed herein, shall be deemed the cash value of the board and lodging.b. Cash value of room and board.(1) If board, rent, housing, lodging, meals, or similar advantage is extended in any medium other than cash as partial or entire remuneration for service constituting employment as defined in the Act (Iowa Code chapter 96), the reasonable cash value of same shall be deemed wages.(2) Where the cash value for such board, rent, housing, lodging, meals, or similar advantage is agreed upon in any contract of hire, the amount so agreed upon shall be deemed the value of such board, rent, housing, lodging, meals, or similar advantage. Check stubs, pay envelopes, contracts, and the like, furnished to employees setting forth such cash value, are acceptable evidence as to the amount of the cash value agreed upon in any contract of hire except as provided in subparagraphs (4) and (5) of this paragraph.(3) In the absence of an agreement in a contract of hire, the rate for board, rent, housing, lodging, meals, or similar advantage, furnished in addition to money wages or wholly comprising the wages of an employed individual, shall be deemed to have not less than the following cash value except as provided in subparagraph (4) of this paragraph.Full board and room per week$272.00300.00Meals (without lodging) per week92.00100.00Meals (without lodging) per day18.4020.20Lodging (without meals) per week180.00198.00Lodging (without meals) per day36.0040.00Individual meals:Breakfast4.004.50Lunch4.805.30Dinner9.6010.50A meal not identifiable as either breakfast, lunch, or dinner4.004.50(4) The department or its authorized representative may, after affording reasonable opportunity at a hearing for the submission of relevant information in writing or in person, determine the reasonable cash value of such board, rent, housing, lodging, meals, or similar advantage in particular instances or group of instances, if it is determined that the values fixed in or arrived at in accordance with subparagraph (3) of this paragraph, or in the contract of hire do not properly reflect the reasonable cash value of such remuneration. ITEM 23. Amend subrule 25.16(1) as follows: 25.16(1) If the individual has made no attempt to repay the overpayment of benefits within the preceding six months, theThe individual’s name and social security number are given to the department of revenue. [Filed 9/20/17, effective 11/15/17][Published 10/11/17]Editor’s Note: For replacement pages for IAC, see IAC Supplement 10/11/17.