Bill Text: IA HSB23 | 2025-2026 | 91st General Assembly | Introduced
Bill Title: A bill for an act relating to the recovery of benefits inappropriately obtained from the department of homeland security and emergency management.
Spectrum: Committee Bill
Status: (Introduced) 2025-01-15 - Subcommittee: Henderson, Gearhart and Gosa. H.J. 83. [HSB23 Detail]
Download: Iowa-2025-HSB23-Introduced.html
House
Study
Bill
23
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
DEPARTMENT
OF
HOMELAND
SECURITY
AND
EMERGENCY
MANAGEMENT
BILL)
A
BILL
FOR
An
Act
relating
to
the
recovery
of
benefits
inappropriately
1
obtained
from
the
department
of
homeland
security
and
2
emergency
management.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
10A.108,
subsection
1,
Code
2025,
is
1
amended
to
read
as
follows:
2
1.
a.
If
a
person
refuses
or
neglects
to
repay
benefits
or
3
provider
payments
inappropriately
obtained
from
the
department
4
of
health
and
human
services
or
the
department
of
homeland
5
security
and
emergency
management
,
the
amount
inappropriately
6
obtained,
including
any
interest,
penalty,
or
costs
attached
7
to
the
amount,
constitutes
a
debt
and
is
a
lien
in
favor
of
the
8
state
upon
all
property
and
any
rights
or
title
to
or
interest
9
in
property,
whether
real
or
personal,
belonging
to
the
person
10
for
the
period
established
in
subsection
2
,
with
the
exception
11
of
property
which
is
exempt
from
execution
pursuant
to
chapter
12
627
.
13
b.
A
lien
under
this
section
shall
not
attach
to
any
amount
14
of
inappropriately
obtained
benefits
or
provider
payments,
or
15
portions
of
the
benefits
or
provider
payments,
attributable
16
to
errors
by
the
department
of
health
and
human
services
or
17
the
department
of
homeland
security
and
emergency
management,
18
as
applicable
.
Liens
shall
only
attach
to
the
amounts
of
19
inappropriately
obtained
benefits
or
provider
payments
or
20
portions
of
the
benefits
or
provider
payments
which
were
21
obtained
due
to
false,
misleading,
incomplete,
or
inaccurate
22
information
submitted
by
a
person
in
connection
with
the
23
application
for
or
receipt
of
benefits
or
provider
payments.
24
Sec.
2.
Section
10A.108,
subsection
4,
unnumbered
paragraph
25
1,
Code
2025,
is
amended
to
read
as
follows:
26
The
county
recorder
of
each
county
shall
prepare
and
27
maintain
in
the
recorder’s
office
an
index
of
liens
of
28
debts
established
based
upon
benefits
or
provider
payments
29
inappropriately
obtained
from
and
owed
the
department
of
30
health
and
human
services
or
the
department
of
homeland
31
security
and
emergency
management
,
containing
the
applicable
32
entries
specified
in
sections
558.49
and
558.52
,
and
providing
33
appropriate
columns
for
all
of
the
following
data,
under
the
34
names
of
debtors,
arranged
alphabetically:
35
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Sec.
3.
Section
10A.108,
subsection
4,
paragraph
b,
Code
1
2025,
is
amended
to
read
as
follows:
2
b.
“State
of
Iowa,
Department
of
Health
and
Human
Services”
3
or
“State
of
Iowa,
Department
of
Homeland
Security
and
4
Emergency
Management”
as
claimant
,
as
applicable
.
5
Sec.
4.
Section
10A.108,
subsection
8,
Code
2025,
is
amended
6
to
read
as
follows:
7
8.
The
department
of
inspections,
appeals,
and
licensing,
8
as
provided
in
this
chapter
and
chapter
626
,
shall
proceed
9
to
collect
all
debts
owed
the
department
of
health
and
human
10
services
and
the
department
of
homeland
security
and
emergency
11
management
as
soon
as
practicable
after
the
debt
becomes
12
delinquent.
If
service
has
not
been
made
on
a
distress
warrant
13
by
the
officer
to
whom
addressed
within
five
days
from
the
14
date
the
distress
warrant
was
received
by
the
officer,
the
15
authorized
investigators
of
the
department
of
inspections,
16
appeals,
and
licensing
may
serve
and
make
return
of
the
warrant
17
to
the
clerk
of
the
district
court
of
the
county
named
in
the
18
distress
warrant,
and
all
subsequent
procedures
shall
be
in
19
compliance
with
chapter
626
.
20
Sec.
5.
NEW
SECTION
.
29C.26
Referrals
——
fraud
——
benefits
21
inappropriately
obtained.
22
1.
Following
a
review
of
an
applicant’s
or
recipient’s
23
eligibility
to
receive
moneys
under
section
29C.20A
or
29C.20B,
24
the
department
may
refer
cases
of
suspected
fraud
along
with
25
any
supportive
information
to
the
department
of
inspections,
26
appeals,
and
licensing
for
review.
27
2.
In
cases
of
substantiated
fraud,
upon
conviction,
the
28
state
shall
review
all
appropriate
legal
options
including
29
but
not
limited
to
removal
of
a
recipient
from
other
public
30
assistance
programs
and
garnishment
of
wages
or
state
income
31
tax
refunds
until
the
department
recovers
an
amount
equal
to
32
the
benefits
fraudulently
claimed.
33
3.
The
department
may
refer
suspected
cases
of
fraud,
34
misrepresentation,
or
inadequate
documentation
relating
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to
initial
or
continued
eligibility,
or
suspected
cases
1
of
benefits
being
otherwise
inappropriately
obtained,
to
2
appropriate
state
entities
for
review
of
such
issues
in
other
3
programs
providing
public
benefits.
4
EXPLANATION
5
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
6
the
explanation’s
substance
by
the
members
of
the
general
assembly.
7
Under
current
law,
the
department
of
inspections,
appeals,
8
and
licensing
(DIAL)
has
the
authority
to
collect
payments
9
inappropriately
obtained
from
the
department
of
health
and
10
human
services.
This
bill
expands
those
provisions
to
allow
11
DIAL
to
collect
payments
inappropriately
obtained
from
the
12
department
of
homeland
security
and
emergency
management
13
(HSEM).
14
The
bill
makes
benefits
obtained
through
false,
misleading,
15
incomplete,
or
inaccurate
information
given
to
HSEM
a
lien
in
16
favor
of
the
state
upon
a
person’s
property
and
requires
county
17
recorders
to
prepare
and
maintain
in
the
recorder’s
office
18
an
index
of
liens
owed
to
HSEM.
The
bill
requires
DIAL
to
19
collect
delinquent
debts
owed
HSEM
as
soon
as
practicable.
By
20
operation
of
law,
the
associated
provisions
relating
to
lien
21
attachment,
length,
preservation,
and
satisfaction,
payment
22
of
recording
fees
by
DIAL,
distress
warrants,
and
action
by
23
the
attorney
general
apply
to
the
inappropriately
obtained
24
HSEM
benefits.
HSEM
may
refer
cases
of
suspected
fraud
from
25
the
disaster
aid
individual
assistance
grant
program
and
the
26
disaster
case
advocacy
grant
program
to
DIAL
or
other
state
27
entities
for
review.
If
a
person
is
convicted
of
fraud,
the
28
state
must
review
all
legal
options
until
HSEM
recovers
an
29
amount
equal
to
the
benefits
fraudulently
claimed.
HSEM
may
30
also
refer
suspected
cases
of
impropriety
in
other
programs
to
31
the
appropriate
state
entity.
32
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