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Iowa Administrative Code 441 Chapter 77 — Conditions of Participation for Providers of Medical and Remedial Care
IowaregulationIowa Department of Health and Human Services (Human Services [441])· effective 2026-07-01
What this rule requires your agency to do
- 1Independent support brokers under the consumer choices option must be at least 18, must not be the member's guardian/attorney-in-fact or provide any other paid service to the member, must consent to a criminal background check and child and dependent adult abuse checks (results provided to the member), and must complete department-approved brokerage training (subrule 77.35(14)).(Iowa Administrative Code 441 Chapter 77 — Conditions of Participation for Providers of Medical and Remedial Care)
- 2A home health agency may participate only if it is certified to participate in the Medicare program and, unless exempted, has submitted a surety bond as required by subrules 77.10(2) through 77.10(4) (rule 441—77.10).(Iowa Administrative Code 441 Chapter 77 — Conditions of Participation for Providers of Medical and Remedial Care)
- 3Surety bonds secured by home health agencies participating in Medicaid shall comply with 42 CFR 484 Subparts A, B, and C and with the Medicare Program Integrity Manual, Chapter 10.2.5.3 (subrule 77.10(4)).(Iowa Administrative Code 441 Chapter 77 — Conditions of Participation for Providers of Medical and Remedial Care)
- 4A person providing direct care shall be at least 16 years of age and shall not be an immediate family member of the member (subrule 77.30(2)"c" and "d").(Iowa Administrative Code 441 Chapter 77 — Conditions of Participation for Providers of Medical and Remedial Care)
- 5Community businesses providing attendant care services must have all necessary licenses and permits to operate in conformity with federal, state, and local laws and must submit verification of current liability and workers' compensation coverage (subrule 77.35(7)"g").(Iowa Administrative Code 441 Chapter 77 — Conditions of Participation for Providers of Medical and Remedial Care)
- 6A provider shall complete child abuse, dependent adult abuse, and criminal background screenings pursuant to Iowa Code section 249A.29 before employing a person who will provide direct care (subrule 77.30(2)"b").(Iowa Administrative Code 441 Chapter 77 — Conditions of Participation for Providers of Medical and Remedial Care)
- 7Interim medical monitoring and treatment staff must be at least 18, not the member's spouse/parent/stepparent (for minors) or usual caregiver, and be qualified by documented training or experience to provide medical intervention per the member's service plan (subrule 77.35(8)"b").(Iowa Administrative Code 441 Chapter 77 — Conditions of Participation for Providers of Medical and Remedial Care)
- 8HCBS elderly waiver, AIDS/HIV waiver, and other HCBS providers must comply with Iowa Code sections 232.69 and 235B.3 on reporting child abuse and dependent adult abuse and with the incident management and reporting requirements in the HCBS Waiver Provider Manual (subrules 77.30(3), 77.38(21), 77.39(14)).(Iowa Administrative Code 441 Chapter 77 — Conditions of Participation for Providers of Medical and Remedial Care)
Applies to: personal care
Sets the enrollment/participation conditions Medicaid home health agencies and HCBS waiver attendant-care, home-health-aide, and self-directed personal care providers must meet, including surety bonds, background screening, staffing age/relationship limits, and incident reporting.
Regulatory information, not legal advice — always confirm against the cited official source. Verification reduces error; it does not certify compliance.