"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)
Notes
Iowa Admin. Code
r. 481-57.44
ARC 0766C, IAB
5/29/2013, effective 7/3/2013
Amended by
IAB
December 10, 2014/Volume XXXVII, Number 12, effective
1/14/2015
