135C.1 - DEFINITIONS.
135C.1 DEFINITIONS.
1. "Adult day services" means adult day services as defined
in section 231D.1 that are provided in a licensed health care
facility.
2. "Department" means the department of inspections and
appeals.
3. "Direction" means authoritative policy or procedural
guidance for the accomplishment of a function or activity.
4. "Director" means the director of the department of
inspections and appeals, or the director's designee.
5. "Governmental unit" means the state, or any county,
municipality, or other political subdivision or any department,
division, board or other agency of any of the foregoing.
6. "Health care facility" or "facility" means a
residential care facility, a nursing facility, an intermediate care
facility for persons with mental illness, or an intermediate care
facility for persons with mental retardation.
7. "House physician" means a physician who has entered into a
two-party contract with a health care facility to provide services in
that facility.
8. "Intermediate care facility for persons with mental
illness" means an institution, place, building, or agency designed
to provide accommodation, board, and nursing care for a period
exceeding twenty-four consecutive hours to three or more individuals,
who primarily have mental illness and who are not related to the
administrator or owner within the third degree of consanguinity.
9. "Intermediate care facility for persons with mental
retardation" means an institution or distinct part of an
institution with a primary purpose to provide health or
rehabilitative services to three or more individuals, who primarily
have mental retardation or a related condition and who are not
related to the administrator or owner within the third degree of
consanguinity, and which meets the requirements of this chapter and
federal standards for intermediate care facilities for persons with
mental retardation established pursuant to the federal Social
Security Act, § 1905(c)(d), as codified in 42 U.S.C. § 1936d, which
are contained in 42 C.F.R. pt. 483, subpt. D, § 410--480.
10. "Licensee" means the holder of a license issued for the
operation of a facility, pursuant to this chapter.
11. "Mental illness" means a substantial disorder of thought
or mood which significantly impairs judgment, behavior, or the
capacity to recognize reality or the ability to cope with the
ordinary demands of life.
12. "Nursing care" means those services which can be provided
only under the direction of a registered nurse or a licensed
practical nurse.
13. "Nursing facility" means an institution or a distinct
part of an institution housing three or more individuals not related
to the administrator or owner within the third degree of
consanguinity, which is primarily engaged in providing health-related
care and services, including rehabilitative services, but which is
not engaged primarily in providing treatment or care for mental
illness or mental retardation, for a period exceeding twenty-four
consecutive hours for individuals who, because of a mental or
physical condition, require nursing care and other services in
addition to room and board.
14. "Person" means any individual, firm, partnership,
corporation, company, association or joint stock association; and
includes trustee, receiver, assignee or other similar representative
thereof.
15. "Physician" has the meaning assigned that term by section
135.1, subsection 4.
16. "Rehabilitative services" means services to encourage and
assist restoration of optimum mental and physical capabilities of the
individual resident of a health care facility.
17. "Residential care facility" means any institution, place,
building, or agency providing for a period exceeding twenty-four
consecutive hours accommodation, board, personal assistance and other
essential daily living activities to three or more individuals, not
related to the administrator or owner thereof within the third degree
of consanguinity, who by reason of illness, disease, or physical or
mental infirmity are unable to sufficiently or properly care for
themselves but who do not require the services of a registered or
licensed practical nurse except on an emergency basis or who by
reason of illness, disease, or physical or mental infirmity are
unable to sufficiently or properly care for themselves but who do not
require the services of a registered or licensed practical nurse
except on an emergency basis if home and community-based services,
other than nursing care, as defined by this chapter and departmental
rule, are provided. For the purposes of this definition, the home
and community-based services to be provided are limited to the type
included under the medical assistance program provided pursuant to
chapter 249A, are subject to cost limitations established by the
department of human services under the medical assistance program,
and except as otherwise provided by the department of inspections and
appeals with the concurrence of the department of human services, are
limited in capacity to the number of licensed residential care
facilities and the number of licensed residential care facility beds
in the state as of December 1, 2003.
18. "Resident" means an individual admitted to a health care
facility in the manner prescribed by section 135C.23.
19. "Respite care services" means an organized program of
temporary supportive care provided for twenty-four hours or more to a
person in order to relieve the usual caregiver of the person from
providing continual care to the person.
20. "Social services" means services relating to the
psychological and social needs of the individual in adjusting to
living in a health care facility, and minimizing stress arising from
that circumstance.
21. "Supervision" means direct oversight and inspection of
the act of accomplishing a function or activity. Section History: Early Form
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 135C.1] Section History: Recent Form
87 Acts, ch 194, § 1; 90 Acts, ch 1039, § 2--5; 94 Acts, ch 1151,
§1; 96 Acts, ch 1129, § 24; 2001 Acts, ch 64, §2; 2003 Acts, ch 165,
§18; 2004 Acts, ch 1085, §1, 11
Referred to in § 16.1, 80.9, 100.1, 100.35, 124.501, 135.61,
135.63, 135C.6, 135M.2, 139A.2, 142D.2, 144C.2, 148A.3, 152.1, 231.4,
231.44, 232.69, 233.1, 235E.1, 237A.5, 249.3, 249A.3, 249A.18A,
249A.21, 249A.30A, 249H.3, 249J.3, 249K.2, 249L.2, 347.14, 347.26,
419.1, 427.1(14a), 427.9, 514D.5, 692A.114, 726.7