Section 481.67.7. Waiver of criteria for retention of a tenant in the program.

         67.7(1) Time-limited waiver. Upon receipt of a program’s request for waiver of the criteria for retention of a tenant, the department may grant a waiver of the criteria under applicable requirements for a time-limited basis. Absent extenuating circumstances, a waiver of the criteria for retention of a tenant is limited to a period of six months or less.

         67.7(2) Waiver petition procedures. The following procedures shall be used to request and to receive approval of a waiver from criteria for the retention of a tenant:

            a.               A program shall submit the waiver request on a form and in a manner designated by the department as soon as it becomes apparent that a tenant exceeds retention criteria pursuant to an evaluation by a health care or human service professional.

            b.               The department shall respond in writing to a waiver request within 15 working days of receipt of all required documentation. In consultation with the program, the department may take an additional 15 working days to report its determination regarding the waiver request.

            c.               The program shall provide to the department within 5 working days written notification of any changes in the condition of the tenant as described in the approved waiver request.

         67.7(3) Factors for consideration for waiver of criteria for retention of a tenant. In addition to the criteria established in Iowa Code subsection 17A.9A(2), the following factors may be demonstrative in determining whether the criteria for issuance of a waiver have been met.

            a.               It is the informed choice of the tenant or the tenant’s legal representative, if applicable, to remain in the program;

            b.               The program is able to provide the staff necessary to meet the tenant’s service needs in addition to the service needs of the other tenants;

            c.               The department shall only issue a waiver if the waiver will not jeopardize the health, safety, security or welfare of the tenant, program staff, or other tenants; and

            d.               The tenant has been diagnosed with a terminal illness and has been admitted to hospice, and the tenant exceeds the criteria for retention and admission for a temporary period of less than six months. A terminal diagnosis means the tenant is within six months of the end of life.

         67.7(4) Conditional waiver. A conditional waiver may be granted contingent upon the department’s receipt of additional information or performance of monitoring.

            a.               If a waiver has been in effect for six months, a monitoring shall be conducted to determine whether the tenant meets the criteria to continue on a waiver.

            b.               The department may seek additional information during the period to determine if a waiver should be granted.

         67.7(5) Appeals. The denial of a waiver request may be appealed by the program pursuant to Iowa Code chapter 17A.

[ARC 8174B, IAB 9/23/09, effective 1/1/10; ARC 2463C, IAB 3/16/16, effective 4/20/16]