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Title 5: Centrally Administered Programs Page 28 Iowa Department of Human Services Employees’ Manual Chapter E: Healthy and Well Kids in Iowa (hawk-i) Nonfinancial Eligibility Factors Revised August 20, 2010 Residents of Institutions Residents of Institutions for Mental Disease Legal reference: 441 IAC 86.2(10) A child who is a resident of an institution for mental disease is not eligible for coverage under the hawk-i program. An “institution for mental disease” means: ♦ a hospital, nursing facility, or other institution of more than 16 beds ♦ that is primarily engaged in providing diagnosis, treatment, or care of persons with mental diseases, including medical attention, nursing care, and related services. Residents of Nonmedical Public Institutions Legal reference: 441 IAC 86.2(9) A child who is a resident of a nonmedical public institution is not eligible for coverage under the hawk-i program. A “public institution” is one that is the responsibility of a government unit or over which a governmental unit exercises administrative control. It includes, but is not limited to, publicly operated penal institutions, jails, work release centers, and wholly tax-supported care facilities, such as some county residential care facilities. EXCEPTION: A publicly operated community residence that serves fewer than 16 residents is not considered a public institution. For example, a residential care facility (RCF) that is owned and operated by a county but has fewer than 16 beds may be a publicly operated community residence. To be considered a “publicly operated community residence,” the facility: ♦ Must provide services beyond food and shelter, such as social services, help with personal living activities, or training in social and life skills. ♦ Must not be a jail, prison, or other holding facility for people who have been arrested or detained pending charges. ♦ Must not be located on the grounds of or immediately adjacent to any large institution or multiple-purpose complex.