Bill Text: IA HSB666 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to public assistance program oversight.
Spectrum: Committee Bill
Status: (N/A - Dead) 2018-02-15 - Subcommittee recommends amendment and passage. [HSB666 Detail]
Download: Iowa-2017-HSB666-Introduced.html
House
Study
Bill
666
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
HUMAN
RESOURCES
BILL
BY
CHAIRPERSON
FRY)
A
BILL
FOR
An
Act
relating
to
public
assistance
program
oversight.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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Section
1.
PUBLIC
ASSISTANCE
PROGRAMS
——
VERIFICATION
OF
1
APPLICANT
ELIGIBILITY.
2
1.
The
department
of
human
services
shall
implement
an
3
eligibility
verification
system
for
public
assistance
programs
4
to
verify
the
eligibility
of
an
individual
who
is
an
applicant
5
for
any
such
program.
The
information
to
be
verified
and
6
sources
to
be
examined
for
each
individual
shall
include
but
7
are
not
limited
to
all
of
the
following:
8
a.
Earned
and
unearned
income.
9
b.
Employment
status
and
changes
in
employment.
10
c.
Immigration
status.
11
d.
Residency
status,
including
a
nationwide
best-address
12
source
to
verify
that
individuals
are
residents
of
the
state.
13
e.
Enrollment
status
in
other
state-administered
public
14
assistance
programs.
15
f.
Incarceration
status.
16
g.
Death
records.
17
h.
Enrollment
status
in
public
assistance
programs
outside
18
of
this
state.
19
i.
Records
of
any
potential
identity
fraud
or
identity
20
theft.
21
2.
The
department
of
human
services
shall
enter
into
a
22
memorandum
of
understanding
with
any
department,
division,
23
bureau,
section,
unit,
or
any
other
subunit
of
a
department,
as
24
necessary,
to
obtain
the
information
specified
in
subsection
1.
25
3.
The
department
may
contract
with
a
third-party
vendor
to
26
provide
the
information
specified
in
subsection
1.
Any
such
27
contract
shall
include
a
provision
that
ensures
that
annualized
28
savings
to
the
state
exceed
the
contract’s
total
annual
cost
29
to
the
state.
30
4.
Nothing
in
this
section
shall
preclude
the
department
31
of
human
services
from
receiving,
reviewing,
or
verifying
32
additional
information
related
to
the
eligibility
of
an
33
individual
not
specified
in
this
section
or
from
contracting
34
with
a
third-party
vendor
to
provide
additional
information
not
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specified
in
this
section.
1
5.
For
the
purposes
of
this
section,
“public
assistance
2
program”
shall
include
but
is
not
limited
to
the
Medicaid
3
program,
the
family
investment
program
(FIP),
and
the
4
supplemental
nutrition
assistance
program
(SNAP).
5
Sec.
2.
PUBLIC
ASSISTANCE
PROGRAMS
——
REAL-TIME
ELIGIBILITY
6
MONITORING.
7
1.
At
least
quarterly,
the
department
of
human
services
8
shall
obtain
and
review
all
of
the
following
information
and
9
sources
to
determine
ongoing
eligibility
of
an
enrollee
in
a
10
public
assistance
program:
11
a.
Earned
and
unearned
income.
12
b.
Employment
status
and
changes
in
employment.
13
c.
Residency
status.
14
d.
Enrollment
status
in
other
state-administered
public
15
assistance
programs.
16
e.
Financial
resources.
17
f.
Incarceration
status.
18
g.
Death
records.
19
h.
Lottery
winnings.
20
i.
Enrollment
status
in
public
assistance
programs
outside
21
of
the
state.
22
2.
The
department
of
human
services
shall
enter
into
a
23
memorandum
of
understanding
with
any
department,
division,
24
bureau,
section,
unit,
or
any
other
subunit
of
a
department
to
25
obtain
the
information
specified
in
subsection
1.
26
3.
The
department
may
contract
with
a
third-party
vendor
27
to
provide
the
information
specified
in
subsection
1.
Any
28
such
contract
shall
include
a
provision
that
ensures
that
any
29
annualized
savings
to
the
state
exceed
the
contract’s
total
30
annual
cost
to
the
state.
31
4.
The
department
shall
explore
opportunities
to
join
32
existing
multistate
collaborations
to
identify
individuals
who
33
are
also
enrolled
in
public
assistance
programs
outside
of
the
34
state,
including
the
national
accuracy
clearinghouse.
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5.
Nothing
in
this
section
shall
preclude
the
department
1
of
human
services
from
receiving
or
reviewing
additional
2
information
related
to
the
eligibility
of
an
individual
3
not
specified
in
this
section
or
from
contracting
with
a
4
third-party
vendor
to
provide
additional
information
not
5
specified
in
this
section.
6
6.
If
the
department
receives
information
about
an
enrollee
7
in
a
public
assistance
program
that
indicates
a
potential
8
change
or
discrepancy
in
circumstances
that
may
affect
the
9
individual’s
eligibility
for
that
public
assistance
program,
10
the
department
shall
review
the
individual’s
circumstances
and
11
respond
appropriately,
as
follows:
12
a.
If
the
review
does
not
result
in
the
department
13
confirming
any
discrepancy
or
change
in
an
individual’s
14
circumstances
that
may
affect
eligibility,
the
department
shall
15
take
no
further
action.
16
b.
If
the
review
results
in
the
department
finding
17
a
potential
discrepancy
or
change
in
the
individual’s
18
circumstances
that
may
affect
eligibility,
the
department
shall
19
promptly
notify
the
individual.
20
(1)
The
department
shall
provide
written
notice
to
the
21
enrollee,
which
shall
describe
in
sufficient
detail
the
22
circumstances
of
the
potential
discrepancy
or
change,
the
23
manner
in
which
the
enrollee
may
respond,
and
the
consequences
24
of
failing
to
take
action.
However,
a
self-declaration
of
an
25
enrollee
alone
shall
not
be
accepted
as
verification
to
refute
26
the
information.
27
(2)
The
enrollee
shall
have
ten
business
days,
or
the
28
minimum
required
by
federal
or
state
law,
to
respond
to
the
29
department
in
writing,
to
provide
information
to
refute
and
30
resolve
the
potential
discrepancy
or
change.
After
receiving
31
the
enrollee’s
written
response,
the
department
may
request
32
additional
documentation
if
the
department
determines
that
33
the
documentation
is
inadequate
or
that
a
risk
of
fraud
or
34
misrepresentation
exists.
A
self-declaration
of
an
enrollee
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refuting
the
information
shall
not,
alone,
constitute
a
1
refutation
of
the
potential
discrepancy
or
change.
2
(3)
If
the
enrollee
does
not
respond
to
the
written
3
notice
in
a
timely
manner,
the
department
shall
provide
4
notice
to
terminate
the
individual’s
enrollment,
based
upon
5
the
individual’s
failure
to
cooperate,
and
shall
terminate
6
the
individual’s
enrollment
in
any
applicable
public
7
assistance
program.
The
individual’s
eligibility
shall
not
be
8
reestablished
until
the
discrepancy
or
change
is
resolved.
9
(4)
If
the
enrollee
responds
to
the
written
notice
in
a
10
timely
manner
and
disagrees
with
the
findings,
the
department
11
shall
reevaluate
the
enrollee’s
situation.
If
the
department
12
determines
through
the
reevaluation
that
the
information
upon
13
which
the
discrepancy
or
change
was
based
is
in
error,
the
14
department
shall
take
immediate
action
to
correct
the
error
and
15
no
further
action
on
the
enrollee’s
eligibility
status
shall
be
16
taken.
If
the
department
affirms
through
the
reevaluation
that
17
a
discrepancy
or
change
exists,
the
department
shall
determine
18
the
effect
on
the
enrollee’s
eligibility
and
take
appropriate
19
action.
Written
notice
of
the
results
of
the
department’s
20
reevaluation
and
the
actions
to
be
taken
shall
be
provided
to
21
the
individual.
22
(5)
If
the
enrollee
responds
to
the
written
notice
in
a
23
timely
manner
and
agrees
with
the
findings,
the
department
24
shall
determine
the
effect
on
the
enrollee’s
circumstances
and
25
take
appropriate
action.
Written
notice
of
the
actions
to
be
26
taken
by
the
department
shall
be
provided
to
the
individual.
27
7.
For
the
purposes
of
this
section,
“public
assistance
28
program”
shall
include
but
is
not
limited
to
Medicaid,
the
29
family
investment
program
(FIP),
and
the
supplemental
nutrition
30
assistance
program
(SNAP).
31
Sec.
3.
SUPPLEMENTAL
NUTRITION
ASSISTANCE
PROGRAM
——
32
RESOURCE
LIMITATIONS
——
CHILD
SUPPORT
COOPERATION
AS
A
33
CONDITION
OF
ELIGIBILITY
——
WORK
REQUIREMENTS.
34
1.
The
department
of
human
services
shall
not
establish
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resource
limits
for
the
supplemental
nutrition
assistance
1
program
(SNAP)
that
exceed
the
resource
limitations
specified
2
in
7
U.S.C.
§2014(g)(1),
unless
specifically
required
under
3
federal
law.
Additionally,
categorical
eligibility
shall
not
4
exempt
households
from
these
resource
limits
for
any
noncash,
5
in-kind,
or
other
benefit,
unless
expressly
required
by
federal
6
law.
7
2.
The
department
of
human
services
shall
require,
as
a
8
condition
of
eligibility
for
SNAP,
that
an
individual
cooperate
9
with
the
child
support
recovery
unit
in
establishing
and
10
enforcing
a
child
support
order
pursuant
to
7
C.F.R.
§273.11(o)
11
and
(p).
12
3.
a.
The
department
of
human
services
shall
not
seek,
13
apply
for,
accept,
or
renew
any
waiver
of
the
work
requirements
14
applicable
to
an
individual
to
be
eligible
for
SNAP
pursuant
to
15
7
U.S.C.
§2015(o).
16
b.
The
department
of
human
services
shall
assign
an
17
individual
who
is
subject
to
the
work
requirements
specified
18
in
7
U.S.C.
§2015(d)(1),
but
who
is
exempt
from
the
work
19
requirements
pursuant
to
7
U.S.C.
§2015(o),
to
participate
in
20
an
employment
and
training
program
established
pursuant
to
7
21
U.S.C.
§2015(d)(4).
22
Sec.
4.
WORK
REQUIREMENTS
——
MEDICAID
PROGRAM.
23
1.
The
department
of
human
services
shall
require
that,
24
unless
an
individual
is
exempt
pursuant
to
subsection
2,
as
a
25
condition
of
eligibility
for
Medicaid,
a
recipient
shall
do
one
26
of
the
following:
27
a.
Work
twenty
hours
or
more
per
week,
averaged
on
a
monthly
28
basis.
29
b.
Participate
in
and
comply
with
the
requirements
of
a
work
30
program
for
twenty
hours
or
more
per
week,
as
determined
by
the
31
department.
32
c.
Volunteer
twenty
hours
or
more
per
week,
as
determined
33
by
the
department.
34
d.
Meet
a
combination
of
work
and
work
program
participation
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requirements
for
a
total
of
twenty
hours
or
more
per
week,
as
1
determined
by
the
department.
2
e.
Participate
in
and
comply
with
the
PROMISE
JOBS
program
3
pursuant
to
chapter
239B.
4
2.
The
following
individuals
shall
be
exempt
from
the
5
requirements
specified
in
subsection
1:
6
a.
An
individual
under
the
age
of
nineteen.
7
b.
An
individual
over
the
age
of
sixty-four.
8
c.
An
individual
medically
certified
as
physically
or
9
mentally
unfit
for
employment.
10
d.
An
individual
who
is
pregnant.
11
e.
A
parent
or
caretaker
responsible
for
the
care
of
a
12
dependent
child
under
one
year
of
age.
13
f.
A
parent
or
caretaker
personally
providing
the
care
for
a
14
dependent
child
with
a
serious
medical
condition
or
disability,
15
as
determined
by
the
department.
16
g.
An
individual
receiving
unemployment
compensation
and
17
complying
with
work
requirements
of
the
federal
or
state
18
unemployment
compensation
system.
19
h.
An
individual
participating
in
a
drug
or
alcohol
20
treatment
and
rehabilitation
program.
21
Sec.
5.
REPORTING
OF
FRAUD.
If,
through
the
department’s
22
activities
under
this
Act,
the
department
discovers
potential
23
fraudulent
activity,
the
department
shall
report
its
findings
24
and
any
supportive
information
to
the
office
of
the
attorney
25
general
for
review.
26
Sec.
6.
ADMINISTRATION
——
REPORTING.
27
1.
The
department
of
human
services
shall
adopt
rules
28
pursuant
to
chapter
17A
to
administer
this
Act.
29
2.
The
department
shall
submit
a
report
to
the
governor
30
and
the
general
assembly
by
January
15,
2019,
and
by
January
31
15
annually
thereafter,
detailing
the
impact
of
verification
32
of
applicant
eligibility
for
public
assistance
programs
and
33
real-time
eligibility
monitoring
of
recipients
of
public
34
assistance
programs
as
provided
in
this
Act.
The
initial
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report
shall
provide
information
for
the
period
beginning
July
1
1,
2018,
and
ending
December
31,
2018.
The
reports
shall
2
include
the
number
of
cases
reviewed,
the
number
of
cases
3
closed,
the
number
of
fraud
investigation
referrals
made,
and
4
the
amount
of
savings
and
cost
avoidance
realized
from
the
5
provisions
of
the
Act.
6
3.
The
department
of
human
services
shall
submit,
to
the
7
centers
for
Medicare
and
Medicaid
services
(CMS)
of
the
United
8
States
department
of
health
and
human
services
any
Medicaid
9
state
plan
amendment
or
waiver
request
necessary
to
administer
10
this
Act.
11
Sec.
7.
IMPLEMENTATION.
12
1.
The
provisions
of
this
Act
requiring
approval
of
a
13
Medicaid
state
plan
amendment
or
waiver
shall
be
implemented
14
upon
receipt
of
such
federal
approval.
15
2.
The
provisions
of
this
Act
not
requiring
approval
of
a
16
Medicaid
state
plan
amendment
or
waiver
shall
be
implemented
17
on
January
1,
2019.
18
EXPLANATION
19
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
20
the
explanation’s
substance
by
the
members
of
the
general
assembly.
21
This
bill
relates
to
public
assistance
program
oversight.
22
For
purposes
of
the
bill,
“public
assistance
program”
includes
23
but
is
not
limited
to
the
Medicaid
program,
the
family
24
investment
program
(FIP),
and
the
supplemental
nutrition
25
assistance
program
(SNAP).
26
The
bill
provides
for
verification
of
a
public
assistance
27
program
applicant’s
eligibility.
The
department
of
human
28
services
(DHS)
is
required
to
implement
an
eligibility
29
verification
system
for
public
assistance
programs
to
verify
30
the
eligibility
of
an
individual
who
is
an
applicant
for
31
any
such
program.
The
bill
specifies
the
information
to
32
be
verified;
requires
DHS
to
enter
into
a
memorandum
of
33
understanding
with
any
department
or
subunit
of
a
department,
34
as
necessary,
to
obtain
the
information
specified;
and
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authorizes
DHS
to
contract
with
a
third-party
vendor
to
1
provide
the
information
specified,
subject
to
a
provision
2
in
the
contract
that
ensures
that
annualized
savings
to
the
3
state
exceed
the
contract’s
total
annual
cost
to
the
state.
4
The
bill
does
not
preclude
DHS
from
receiving,
reviewing,
or
5
verifying
additional
information
related
to
the
eligibility
of
6
an
individual
not
specified
in
the
bill
or
from
contracting
7
with
a
third-party
vendor
to
provide
additional
information
not
8
specified
in
the
bill.
9
The
bill
provides
for
real-time
monitoring
of
the
10
eligibility
of
public
assistance
program
enrollees.
The
11
bill
requires
DHS,
as
least
quarterly,
to
obtain
and
review
12
specified
information
to
determine
ongoing
eligibility
of
13
an
individual
enrolled
in
a
public
assistance
program.
The
14
bill
requires
DHS
to
enter
into
memoranda
of
understanding
15
with
any
department
or
subunit
of
a
department,
as
necessary,
16
to
obtain
the
information
specified;
authorizes
DHS
to
17
contract
with
a
third-party
vendor
to
provide
the
information
18
specified,
subject
to
a
provision
in
the
contract
that
ensures
19
that
annualized
savings
to
the
state
exceed
the
contract’s
20
total
annual
cost
to
the
state;
and
requires
DHS
to
explore
21
opportunities
to
join
existing
multistate
collaborations
to
22
identify
individuals
who
are
also
enrolled
in
public
assistance
23
programs
outside
of
the
state,
including
the
national
accuracy
24
clearinghouse.
The
bill
does
not
preclude
DHS
from
receiving
25
or
reviewing
additional
information
related
to
the
eligibility
26
of
an
individual
not
specified
in
the
bill
or
from
contracting
27
with
a
third-party
vendor
to
provide
additional
information
not
28
specified
in
the
bill.
29
The
bill
provides
that
if
DHS
receives
information
about
30
an
individual
enrolled
in
a
public
assistance
program
that
31
indicates
a
potential
change
or
discrepancy
in
circumstances
32
that
may
affect
the
enrollee’s
eligibility
for
that
33
public
assistance
program,
DHS
shall
review
the
enrollee’s
34
circumstances
and
respond
appropriately.
The
bill
delineates
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the
appropriate
response
based
upon
the
response
of
the
1
enrollee
following
notice.
2
The
bill
prohibits
DHS
from
establishing
resource
limits
3
for
the
supplemental
nutrition
assistance
program
(SNAP)
that
4
exceed
the
resource
limitations
specified
in
federal
law,
5
unless
specifically
required
under
federal
law.
Additionally,
6
the
bill
provides
that
categorical
eligibility
shall
not
exempt
7
households
from
these
resource
limits
for
any
noncash,
in-kind,
8
or
other
benefit,
unless
expressly
required
by
federal
law.
9
The
bill
requires
DHS
to
require,
as
a
condition
of
10
eligibility
for
SNAP,
that
an
individual
cooperate
with
the
11
child
support
recovery
unit
in
establishing
and
enforcing
a
12
child
support
order
pursuant
to
federal
law.
13
The
bill
also
prohibits
DHS
from
seeking,
applying
for,
14
accepting,
or
renewing
any
waiver
of
the
work
requirements
15
applicable
to
an
individual
to
be
eligible
for
SNAP,
unless
16
the
individual
is
exempt
under
federal
law
and
requires
DHS
17
to
assign
an
individual
who
would
otherwise
be
subject
to
the
18
work
requirements
under
federal
law,
but
meets
the
criteria
for
19
one
of
the
exemptions
under
federal
law,
to
participate
in
an
20
employment
and
training
program
established
as
prescribed
in
21
federal
law.
22
The
bill
also
requires
DHS
to
require
that,
unless
an
23
individual
is
exempt
as
specified
in
the
bill,
as
a
condition
24
of
eligibility
for
Medicaid,
a
recipient
shall
work
or
25
participate
in
a
work
program
or
a
combination
of
both
for
26
a
certain
number
of
hours,
volunteer,
or
participate
in
the
27
PROMISE
JOBS
program.
28
The
bill
provides
that
if,
through
the
department’s
29
activities
under
the
bill,
the
department
discovers
potential
30
fraudulent
activity,
the
department
shall
report
its
31
findings
and
any
supportive
information
to
the
office
of
the
32
attorney
general
for
review.
The
bill
requires
DHS
to
adopt
33
administrative
rules
to
administer
the
bill.
34
The
bill
requires
DHS
to
submit
a
report
to
the
governor
and
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the
general
assembly
by
January
15,
2019,
and
by
January
15
1
annually
thereafter,
detailing
the
impact
of
the
provisions
of
2
the
bill
relating
to
verification
of
applicant
eligibility
for
3
public
assistance
programs
and
real-time
eligibility
monitoring
4
of
recipients
of
public
assistance
programs.
The
initial
5
report
must
include
information
for
the
period
beginning
July
6
1,
2018,
and
ending
December
31,
2018.
The
reports
shall
7
include
the
number
of
cases
reviewed,
the
number
of
cases
8
closed,
the
number
of
fraud
investigation
referrals
made,
and
9
the
amount
of
savings
and
cost
avoidance
resulting
from
the
10
provisions
of
the
bill.
11
The
bill
requires
DHS
to
submit,
to
the
centers
for
Medicare
12
and
Medicaid
services
(CMS)
of
the
United
States
department
of
13
health
and
human
services,
any
Medicaid
state
plan
amendment
or
14
waiver
request
necessary
to
administer
the
bill.
15
A
provision
of
the
bill
requiring
approval
of
a
Medicaid
16
state
plan
amendment
or
waiver
is
to
be
implemented
upon
17
receipt
of
such
federal
approval.
A
provision
of
the
bill
not
18
requiring
approval
of
a
Medicaid
state
plan
amendment
or
waiver
19
is
to
be
implemented
on
January
1,
2019.
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