§321-15.9  Developmental disabilitiesresidential services.  (a)  The department of health is authorized tolicense developmental disabilities domiciliary homes for individuals withdevelopmental disabilities or mental retardation who are unable to live independentlyand who require supervision or care, but do not require care by licensed nursesin a domiciliary setting; provided that nothing in this section shall excludethe department of human services from licensing, certifying, regulating, orentering into contracts for child foster homes or providers that serve personswith developmental disabilities or mental retardation.

(b)  For the purposes of this section:

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

"Developmental disabilities apartmentcomplex" means an apartment building composed of five or more separateapartment units in which every apartment unit, except for one apartment unitoccupied by the operator or staff for the complex, is dedicated to providingresidences for individuals with developmental disabilities or mentalretardation who do not require twenty-four hour supervision or care.

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

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

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

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

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

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

(4)    Provide for thelicensure of homes of up to five persons with developmental disabilities ormental retardation, and who are not related to the home operator or facilitystaff;

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

(6)  Establish criteria for training of operators andstaff of any developmental disabilities domiciliary home licensed under thissection.

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

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

(f)  The director shall establish criteria forcontracts for developmental disabilities apartment complexes and wherenecessary to provide for additional funding for developmental disabilitiesdomiciliary homes.

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

(h)  The department of health may enter intocontracts for additional payments for residential services to the providers ofdevelopmental disabilities domiciliary homes and payments to operators ofdevelopmental disabilities apartment complexes for residential services onterms determined by the department of health. [L 1990, c 180, §1; am L 2005, c168, §2]