§321-15.9  Developmental disabilities
residential services.  (a)  The department of health is authorized to
license developmental disabilities domiciliary homes for individuals with
developmental disabilities or mental retardation who are unable to live independently
and who require supervision or care, but do not require care by licensed nurses
in a domiciliary setting; provided that nothing in this section shall exclude
the department of human services from licensing, certifying, regulating, or
entering into contracts for child foster homes or providers that serve persons
with developmental disabilities or mental retardation.



(b)  For the purposes of this section:



"Developmental disabilities" shall be
as defined under section 333E-2.



"Developmental disabilities apartment
complex" means an apartment building composed of five or more separate
apartment units in which every apartment unit, except for one apartment unit
occupied by the operator or staff for the complex, is dedicated to providing
residences for individuals with developmental disabilities or mental
retardation who do not require twenty-four hour supervision or care.



"Developmental disabilities domiciliary
home" means a residence for not more than five persons with developmental
disabilities or mental retardation that require twenty-four hour supervision or
care, but do not require care by licensed nurses in a domiciliary setting.



"Mental retardation" shall be as
defined under section 333F‑1.



(c)  The director shall adopt rules regarding
developmental disabilities domiciliary homes in accordance with chapter 91 that
shall be designed to:



(1)  Establish criteria for licensure of homes,
including inspections, registration, fees, qualifications of operators and
staff, and other factors necessary to ensure safe and appropriate operation of
each home;



(2)  Protect the health, safety, and civil rights of
persons residing in the homes;



(3)  Provide for plans of care that include community
integration and support of persons residing in the licensed homes;



(4)    Provide for the
licensure of homes of up to five persons with developmental disabilities or
mental retardation, and who are not related to the home operator or facility
staff;



(5)    Establish
penalties for the failure to comply with any rule; and



(6)  Establish criteria for training of operators and
staff of any developmental disabilities domiciliary home licensed under this
section.



(d)  Rules adopted under this section shall be
enforced by the director.



(e)  No single apartment in a developmental
disabilities apartment complex funded under this section shall be occupied by
more than two residents with developmental disabilities or mental retardation.



(f)  The director shall establish criteria for
contracts for developmental disabilities apartment complexes and where
necessary to provide for additional funding for developmental disabilities
domiciliary homes.



(g)  The department shall maintain a registry
of all developmental disabilities domiciliary homes licensed under this section
and a current inventory of vacancies.



(h)  The department of health may enter into
contracts for additional payments for residential services to the providers of
developmental disabilities domiciliary homes and payments to operators of
developmental disabilities apartment complexes for residential services on
terms determined by the department of health. [L 1990, c 180, §1; am L 2005, c
168, §2]