225C.40 Termination or denial of subsidy — hearing.
1. The family support subsidy shall terminate if any of the following occur:
a. The family member dies.
b. The family no longer meets the eligibility criteria in section 225C.37.
c. The family member attains the age of eighteen years.
d. The family member is no longer eligible for special education pursuant to section 256B.9, subsection 1, paragraph “c” or “d”.
2. The family support subsidy may be terminated by the department if a report required by section 225C.38, subsection 3, is not timely made or a report required by section 225C.38, subsection 3, paragraph “a”, contains false information.
3. If an application for a family support subsidy is denied, the family member end-of-eligibility age identified in the application is not approved by the department, or a family support subsidy is terminated by the department, the parent or legal guardian of the affected family member may request, in writing, a hearing before an impartial hearing officer.
4. If a family appeals the termination of a family member who has attained the age of eighteen years, family support subsidy payments for that family member shall be withheld pending resolution of the appeal.
88 Acts, ch 1122, §7; 2006 Acts, ch 1159, §14; 2008 Acts, ch 1187, §114
Referred to in §225C.36, 225C.37, 225C.38
Structure Iowa Code
Chapter 225C - MENTAL HEALTH AND DISABILITY SERVICES
Section 225C.1 - Findings and purpose.
Section 225C.3 - Division of mental health and disability services — state mental health authority.
Section 225C.4 - Administrator’s duties.
Section 225C.5 - Mental health and disability services commission.
Section 225C.6 - Duties of commission.
Section 225C.6A - Disability services system central data repository.
Section 225C.6C - Regional service system — regulatory requirements.
Section 225C.7 - Mental health and developmental disabilities community services fund.
Section 225C.8 - Legal settlement dispute resolution.
Section 225C.13 - Authority to establish and lease facilities.
Section 225C.14 - Preliminary diagnostic evaluation.
Section 225C.15 - County implementation of evaluations.
Section 225C.16 - Referrals for evaluation.
Section 225C.17 - Alternative diagnostic facility.
Section 225C.18 - Mental health and developmental disabilities regional planning councils.
Section 225C.19 - Emergency mental health crisis services system.
Section 225C.19A - Crisis stabilization programs.
Section 225C.21 - Supported community living services.
Section 225C.23 - Brain injury recognized as disability.
Section 225C.25 - Short title.
Section 225C.28A - Service quality standards.
Section 225C.32 - Plan appeals process.
Section 225C.35 - Definitions.
Section 225C.36 - Family support subsidy program.
Section 225C.37 - Program specifications rules.
Section 225C.38 - Payment — amount — reports.
Section 225C.39 - Subsidy payments not alienable.
Section 225C.40 - Termination or denial of subsidy — hearing.
Section 225C.41 - Appropriations.
Section 225C.42 - Annual evaluation of program.
Section 225C.45 - Public housing unit.
Section 225C.46 - Personal assistance services program.
Section 225C.47 - Comprehensive family support program.
Section 225C.48 - Comprehensive family support council.
Section 225C.49 - Departmental duties concerning services to individuals with a disability.
Section 225C.51 - Children’s behavioral health system state board.
Section 225C.52 - Children’s behavioral health system state board — duties.
Section 225C.53 - Role of department and division — transition to adult system.
Section 225C.54 - Mental health services system for children and youth — initial implementation.