225C.6 - DUTIES OF COMMISSION.
225C.6 DUTIES OF COMMISSION.
1. To the extent funding is available, the commission shall
perform the following duties:
a. Advise the administrator on the administration of the
overall state disability services system.
b. Adopt necessary rules pursuant to chapter 17A which relate
to disability programs and services, including but not limited to
definitions of each disability included within the term "disability
services" as necessary for purposes of state, county, and regional
planning, programs, and services.
c. Adopt standards for community mental health centers,
services, and programs as recommended under section 230A.16. The
commission shall determine whether to grant, deny, or revoke the
accreditation of the centers, services, and programs.
d. Adopt standards for the care of and services to persons
with mental illness and mental retardation residing in county care
facilities recommended under section 227.4.
e. Unless another governmental body sets standards for a
service available to persons with disabilities, adopt state standards
for that service. The commission shall provide that a service
provider's compliance with standards for a service set by a
nationally recognized body shall be deemed to be in compliance with
the state standards adopted by the commission for that service. The
commission shall adopt state standards for those residential and
community-based providers of services to persons with mental illness
or developmental disabilities that are not otherwise subject to
licensure by the department of human services or department of
inspections and appeals, including but not limited to remedial
services payable under the medical assistance program and other
services payable from funds credited to a county mental health,
mental retardation, and developmental disabilities services fund
created in section 331.424A. In addition, the commission shall
review the licensing standards used by the department of human
services or department of inspections and appeals for those
facilities providing services to persons with mental illness or
developmental disabilities.
f. Assure that proper appeal procedures are available to
persons aggrieved by decisions, actions, or circumstances relating to
accreditation.
g. Adopt necessary rules for awarding grants from the state
and federal government as well as other moneys that become available
to the division for grant purposes.
h. Annually submit to the governor and the general assembly:
(1) A report concerning the activities of the commission.
(2) Recommendations formulated by the commission for changes in
law.
i. By January 1 of each odd-numbered year, submit to the
governor and the general assembly an evaluation of:
(1) The extent to which services to persons with disabilities are
actually available to persons in each county in the state and the
quality of those services.
(2) The effectiveness of the services being provided by
disability service providers in this state and by each of the state
mental health institutes established under chapter 226 and by each of
the state resource centers established under chapter 222.
j. Advise the administrator, the council on human services,
the governor, and the general assembly on budgets and appropriations
concerning disability services.
k. Coordinate activities with the governor's developmental
disabilities council.
l. Establish standards for the provision under medical
assistance of individual case management services. The commission
shall determine whether to grant, deny, or revoke the accreditation
of the services.
m. Identify basic financial eligibility standards for
disability services. The standards shall include but are not limited
to the following:
(1) A financial eligibility standard providing that a person with
an income equal to or less than one hundred fifty percent of the
federal poverty level, as defined by the most recently revised
poverty income guidelines published by the United States department
of health and human services, is eligible for disability services
paid with public funding. However, a county may apply a copayment
requirement for a particular disability service to a person with an
income equal to or less than one hundred fifty percent of the federal
poverty level, provided the disability service and the copayment
amount both comply with rules adopted by the commission applying
uniform standards with respect to copayment requirements. A person
with an income above one hundred fifty percent of the federal poverty
level may be eligible subject to a copayment or other cost-sharing
arrangement subject to limitations adopted in rule by the commission.
(2) A requirement that a person who is eligible for federally
funded services and other support must apply for the services and
support.
(3) Resource limitations that are derived from the federal
supplemental security income program limitations. A person with
resources above the federal supplemental security income program
limitations may be eligible subject to limitations adopted in rule by
the commission. If a person does not qualify for federally funded
services and other support but meets income, resource, and functional
eligibility requirements, the following types of resources shall be
disregarded:
(a) A retirement account that is in the accumulation stage.
(b) A burial, medical savings, or assistive technology account.
n. Identify disability services outcomes and indicators to
support the ability of eligible persons with a disability to live,
learn, work, and recreate in communities of the persons' choice. The
identification duty includes but is not limited to responsibility for
identifying, collecting, and analyzing data as necessary to issue
reports on outcomes and indicators at the county and state levels.
o. Prepare five-year plans based upon the county management
plans developed pursuant to section 331.439.
p. Work with other state agencies on coordinating,
collaborating, and communicating concerning activities involving
persons with disabilities.
q. Perform analyses and other functions associated with a
redesign of the mental health and developmental disability services
systems for adults and for children.
2. Notwithstanding section 217.3, subsection 6, the commission
may adopt the rules authorized by subsection 1, pursuant to chapter
17A, without prior review and approval of those rules by the council
on human services.
3. If the executive branch creates a committee, task force,
council, or other advisory body to consider mental health and
developmental disabilities policy, services, or program options
involving children or adult consumers, the commission is designated
to receive and consider any report, findings, recommendations, or
other work product issued by such body. The commission may address
the report, findings, recommendations, or other work product in
fulfilling the commission's functions and to advise the department,
council on human services, governor, and general assembly concerning
disability services. Section History: Early Form
[C66, 71, 73, 75, 77, § 225B.4, 225B.7; C79, 81, § 225B.3(2); S81,
§ 225C.5; 81 Acts, ch 78, § 6, 20] Section History: Recent Form
83 Acts, ch 96, § 157, 159; 88 Acts, ch 1245, § 1; 94 Acts, ch
1170, §15; 98 Acts, ch 1181, §15; 99 Acts, ch 160, §4, 5; 2000 Acts,
ch 1112, §51; 2001 Acts, ch 74, § 14; 2001 Acts, ch 155, §28; 2002
Acts, ch 1146, §2, 3, 25; 2006 Acts, ch 1115, §6, 13; 2007 Acts, ch
218, §118
Referred to in § 225C.6B, 225C.28A, 225C.52, 249A.31, 331.439