Iowa Admin. Code r. 481-57.44
Current through Regsiter Vol. 46, No. 26, June 12, 2024
Rule 481-57.44 - Respite care services "Respite care services" means an organized program of temporary supportive care provided for 24 hours or more to a person in order to relieve the usual caregiver of the person from providing continual care to the person. "Respite care services" does not include crisis stabilization services provided pursuant to 2014 Iowa Acts, chapter 1044 (to be codified at Iowa Code section 225C. 19A). "Respite care individual" means a person receiving respite care services. A residential care facility which chooses to provide respite care services must meet the following requirements related to respite services and must be licensed as a residential care facility. (II, III)
(1)Length of stay. Respite care may be provided for no more than 30 consecutive days and for a total of no more than 60 days in a consecutive 12-month period. The 12-month period begins on the first day of the respite care individual's stay at the facility. (II, III)(2)No separate license. A residential care facility which chooses to provide respite care services is not required to obtain a separate license or pay a license fee.(3)Involuntary termination of respite services. The facility may terminate the respite services for a respite care individual. Rule 481-57.14 (135C) shall not apply. The facility shall make proper arrangements for the welfare of the respite care individual prior to involuntary termination of respite services, including notification of the respite care individual's family or legal representative. (II, III)(4)Contract. Pursuant to rule 481-57.15 (135C), the facility shall have a contract with each resident in the facility. When an individual is there for respite care services, the contract shall specify the time period during which the individual will be considered to be receiving respite care services. At the end of that period, the contract may be amended to extend that period of time. The contract shall specifically state that respite care services may be involuntarily terminated. The contract shall meet other requirements under rule 481-57.15 (135C), except the requirements under subrule 57.15(7). (II, III)(5)Admission as a resident.a. An individual being cared for under a respite care contract shall not be considered an admission to the facility.b. A respite care individual shall be included in the facility's census.c. The facility shall not enter into multiple 30-day contracts with an individual being cared for under a respite care contract in order to lengthen the individual's stay at the facility. (II, III)d. If an individual being cared for under a respite care contract remains in the facility beyond 30 consecutive days and is eligible for admission, the department shall consider the individual a resident in the facility. The facility shall follow all requirements for the individual's admission to the facility. (II, III)(6)Level of care. Respite care services shall not be provided by a health care facility to persons requiring a level of care which is higher than the level of care the facility is licensed to provide. (I, II, III)(7)Reporting requirements. The reporting requirements of rule 481-50.7 (135C) shall apply to residents being cared for under a respite care contract. (I, II, III)Iowa Admin. Code r. 481-57.44
ARC 0766C, IAB 5/29/2013, effective 7/3/2013Amended by IAB December 10, 2014/Volume XXXVII, Number 12, effective 1/14/2015