Bill Text: IA SSB1105 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to public assistance program oversight.(See SF 494.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2023-03-02 - Committee report approving bill, renumbered as SF 494. [SSB1105 Detail]
Download: Iowa-2023-SSB1105-Introduced.html
Senate
Study
Bill
1105
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
HEALTH
AND
HUMAN
SERVICES
BILL
BY
CHAIRPERSON
EDLER)
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
TLSB
1320XC
(5)
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S.F.
_____
Section
1.
NEW
SECTION
.
239.1
Definitions.
1
As
used
in
this
chapter,
unless
the
context
otherwise
2
requires:
3
1.
“Applicant”
means
an
individual
who
is
applying
for
4
public
assistance
benefits
in
the
state.
5
2.
“Asset”
or
“asset
test”
means
all
assets
of
the
members
6
of
the
applicant’s
household,
including
all
of
the
following:
7
a.
All
bank
accounts,
excluding
retirement
accounts
of
8
members
of
the
household.
9
b.
All
cash,
excluding
the
first
two
thousand
dollars
of
10
members
of
the
household.
11
c.
All
lottery
and
gambling
income
of
the
household
whether
12
received
as
a
lump
sum
or
installment
payments.
13
d.
All
real
estate,
excluding
the
primary
household
14
residence
and
surrounding
lot.
15
e.
All
other
personal
property
excluding
personal
16
belongings,
household
goods,
and
one
vehicle.
17
3.
“Department”
means
the
department
of
health
and
human
18
services.
19
4.
“Public
assistance”
means
the
supplemental
nutrition
20
assistance
program
or
SNAP,
the
Medicaid
program
or
Medicaid
21
as
defined
in
section
249A.2,
the
family
investment
program
or
22
FIP
as
defined
in
section
239B.1,
and
the
children’s
health
23
insurance
program
or
CHIP.
24
5.
“Real-time
eligibility
system”
means
real-time
electronic
25
access
to
a
system
that
allows
verification
of
all
applicable
26
public
assistance
program
eligibility
information
based
on
the
27
most
recent
information
available
to
the
department
through
28
nonmodeled
earned
and
unearned
income,
such
as
commercially
29
available
wage
data.
30
6.
“Recipient”
means
an
individual
who
is
receiving
public
31
assistance
benefits
in
the
state.
32
Sec.
2.
NEW
SECTION
.
239.2
Asset
test
for
supplemental
33
nutrition
assistance
program.
34
1.
For
the
purposes
of
determining
eligibility
for
receipt
35
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of
SNAP
benefits,
the
department
shall
conduct
an
asset
test
1
on
all
members
of
the
applicant’s
household.
The
allowable
2
financial
resources
to
be
included
in
or
excluded
from
a
3
determination
of
eligibility
for
SNAP
shall
be
those
specified
4
in
7
U.S.C.
§2014(g)(1).
5
2.
Prior
to
determining
eligibility
for
SNAP
benefits,
6
the
department
shall
access,
at
a
minimum,
for
every
member
7
of
the
applicant’s
household,
the
following
information
from
8
the
following
federal,
state,
and
miscellaneous
sources,
or
9
successor
sources:
10
a.
Federal
sources
and
information:
11
(1)
Earned
and
unearned
income
information
maintained
by
12
the
internal
revenue
service.
13
(2)
The
following
sources
and
information
maintained
by
the
14
United
States
social
security
administration:
15
(a)
Earned
income
information.
16
(b)
Death
register
information.
17
(c)
Prisoner
or
incarceration
status
information.
18
(d)
Supplemental
security
income
information
maintained
in
19
the
state
data
exchange
database.
20
(e)
Beneficiary
records
and
earnings
information
maintained
21
in
the
beneficiary
and
earnings
data
exchange
database.
22
(f)
Earnings
and
pension
information
maintained
in
the
23
beneficiary
earnings
exchange
record
system
database.
24
(3)
The
following
sources
and
information
maintained
by
the
25
United
States
department
of
health
and
human
services:
26
(a)
Income
and
employment
information
maintained
in
the
27
national
directory
of
new
hires
database
by
the
office
of
child
28
support
enforcement
of
the
administration
for
children
and
29
families.
30
(b)
Other
federal
data
sources
maintained
by
the
office
of
31
child
support
enforcement
of
the
administration
for
children
32
and
families.
33
b.
State
sources
and
information:
34
(1)
The
department’s
sources
and
information
including
but
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not
limited
to
all
of
the
following:
1
(a)
Income
and
employment
information
maintained
by
the
2
child
support
recovery
unit.
3
(b)
Child
care
assistance
information
maintained
by
the
4
division
of
child
and
family
services.
5
(c)
Enrollment
status
in
other
public
assistance
programs.
6
(2)
The
department
of
workforce
development
sources
and
7
information
including
all
of
the
following:
8
(a)
Employment
information.
9
(b)
Employer
weekly,
monthly,
and
quarterly
reports
of
10
income
and
unemployment
insurance
payments.
11
(3)
The
Iowa
public
employees’
retirement
system
for
12
earnings
and
pension
information.
13
c.
Miscellaneous
sources:
14
(1)
Any
existing
real-time
database
of
persons
currently
15
receiving
benefits
in
other
states,
such
as
the
national
16
accuracy
clearinghouse.
17
(2)
Any
databases
maintained
by
the
Iowa
lottery
18
commission.
19
(3)
Any
existing
real-time
eligibility
system
that
includes
20
employment
and
income
information
maintained
by
a
consumer
21
reporting
agency,
as
defined
by
the
federal
Fair
Credit
22
Reporting
Act,
15
U.S.C.
§1681a,
for
the
purpose
of
obtaining
23
real-time
employment
and
income
information.
24
3.
Prior
to
determining
eligibility
for
SNAP
benefits,
the
25
department
shall
access
information
for
every
member
of
the
26
applicant’s
household
from
the
following
public
records:
27
a.
A
nationwide
public
records
data
source
of
physical
asset
28
ownership.
The
data
source
may
include
but
is
not
limited
to
29
real
property,
automobiles,
watercraft,
aircraft,
and
luxury
30
vehicles,
or
any
other
vehicle
owned
by
the
applicant.
31
b.
National
and
state
financial
institutions
in
order
32
to
locate
undisclosed
depository
accounts
or
verify
account
33
balances
of
disclosed
accounts.
34
4.
The
department
shall
enter
into
a
memorandum
of
35
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understanding
with
any
department,
division,
bureau,
section,
1
unit,
or
any
other
subunit
of
a
department
to
obtain
the
2
information
specified
in
this
section.
3
5.
The
provisions
of
this
section
shall
not
apply
if
every
4
member
of
the
applicant’s
household
receives
supplemental
5
security
income.
6
Sec.
3.
NEW
SECTION
.
239.3
Cooperation
with
child
support
7
enforcement
——
supplemental
nutrition
assistance
program
8
eligibility.
9
An
applicant
for
SNAP
benefits
shall
be
required
to
10
cooperate
with
the
child
support
recovery
unit
as
a
condition
11
of
eligibility
as
specified
in
7
C.F.R.
§273.11(o).
12
Sec.
4.
NEW
SECTION
.
239.4
Verification
and
authentication
13
systems
——
public
assistance
programs.
14
1.
By
July
1,
2024,
the
department
shall
redesign
an
15
existing
system;
establish
a
new
computerized
income,
asset,
16
and
identity
eligibility
verification
system;
or
contract
with
17
a
third-party
vendor
to
provide
for
identity
verification,
18
identity
authentication,
asset
verification,
and
dual
19
enrollment
prevention
in
order
to
deter
waste,
fraud,
and
20
abuse
in
each
public
assistance
program
administered
by
the
21
department.
22
2.
The
department
may
contract
with
a
third-party
vendor
23
to
develop
or
provide
a
service
for
a
real-time
eligibility
24
system
that
allows
the
department
to
verify
or
authenticate
25
income,
assets,
and
identity
eligibility
of
applicants
and
26
recipients
to
prevent
fraud,
misrepresentation,
and
inadequate
27
documentation
when
determining
eligibility
for
public
28
assistance
programs.
The
system
shall
be
accessed
prior
to
29
determining
eligibility,
periodically
between
eligibility
30
redeterminations,
and
during
eligibility
redeterminations
31
and
reviews.
The
department
may
also
contract
with
a
32
third-party
vendor
to
provide
information
to
facilitate
33
reviews
of
recipient
eligibility
conducted
by
the
department.
34
Specifically,
the
department
may
contract
with
a
third-party
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consumer
reporting
agency,
as
defined
by
the
federal
Fair
1
Credit
Reporting
Act,
15
U.S.C.
§1681a,
for
the
purpose
of
2
obtaining
real-time
employment
and
income
information.
3
3.
A
contract
entered
into
under
this
section
shall
provide,
4
at
a
minimum,
for
all
of
the
following:
5
a.
The
establishment
of
the
annual
savings
amount
from
6
utilization
of
the
system
or
service,
and
a
provision
that
the
7
contract
may
be
terminated
contingent
upon
the
savings
not
8
exceeding
the
total
yearly
cost
to
the
state
for
utilization
of
9
the
system
or
service.
10
b.
That
the
contract
shall
not
preclude
the
department
11
from
continuing
to
conduct
additional
eligibility
verification
12
or
authentication
processes,
to
receive,
review,
or
verify
13
additional
information
related
to
the
eligibility
of
an
14
individual,
or
from
contracting
with
a
third-party
vendor
to
15
provide
additional
eligibility
authentication
or
verification
16
information.
17
4.
The
department
shall
seek
federal
approval
as
necessary
18
to
implement
and
administer
this
section.
19
Sec.
5.
NEW
SECTION
.
239.5
Public
assistance
programs
——
20
applicant
and
recipient
eligibility
verification.
21
1.
All
applications
for
initial
public
assistance
22
program
benefits
and
all
determinations
of
ongoing
recipient
23
eligibility
shall
be
processed
through
a
system
as
specified
24
in
this
section.
Complete
initial
applications
shall
be
25
processed
within
the
minimum
period
required
by
federal
law.
26
Prior
to
determining
initial
eligibility
of
an
applicant
for,
27
or
ongoing
eligibility
of
a
recipient
of,
public
assistance,
28
the
department
shall
access
information
for
every
applicant
or
29
recipient
from
the
following
federal,
state,
and
other
sources:
30
a.
Federal
sources
and
information:
31
(1)
Earned
and
unearned
income
information
maintained
by
32
the
internal
revenue
service.
33
(2)
The
following
sources
and
information
maintained
by
the
34
United
States
social
security
administration:
35
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(a)
Earned
income
information.
1
(b)
Death
register
information.
2
(c)
Prisoner
or
incarceration
status
information.
3
(d)
Supplemental
security
income
information
maintained
in
4
the
state
data
exchange
database.
5
(e)
Beneficiary
records
and
earnings
information
maintained
6
in
the
beneficiary
and
earnings
data
exchange
database.
7
(f)
Earnings
and
pension
information
maintained
in
the
8
beneficiary
earnings
exchange
record
system
database.
9
(3)
The
following
sources
and
information
maintained
by
the
10
United
States
department
of
health
and
human
services:
11
(a)
Income
and
employment
information
maintained
in
the
12
national
directory
of
new
hires
database
by
the
office
of
child
13
support
enforcement
of
the
administration
for
children
and
14
families.
15
(b)
Other
federal
data
sources
maintained
by
the
office
of
16
child
support
enforcement
of
the
administration
for
children
17
and
families.
18
(4)
Information
maintained
by
the
United
States
citizenship
19
and
immigration
services
of
the
United
States
department
of
20
homeland
security.
21
(5)
Payment
information
for
public
housing
and
section
8
22
housing
assistance
guidelines
maintained
by
the
United
States
23
department
of
housing
and
urban
development.
24
(6)
National
fleeing
felon
information
maintained
by
the
25
United
States
federal
bureau
of
investigation.
26
b.
State
sources
and
information:
27
(1)
The
department’s
sources
and
information
including
but
28
not
limited
to
all
of
the
following:
29
(a)
Income
and
employment
information
maintained
by
the
30
child
support
recovery
unit.
31
(b)
Child
care
assistance
information
maintained
by
the
32
division
of
child
and
family
services.
33
(c)
Enrollment
status
in
other
public
assistance
programs.
34
(2)
The
department
of
workforce
development
sources
and
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information
including
all
of
the
following:
1
(a)
Employment
information.
2
(b)
Employer
weekly,
monthly,
and
quarterly
reports
of
3
income
and
unemployment
insurance
payments.
4
(3)
The
Iowa
public
employees’
retirement
system
for
5
earnings
and
pension
information.
6
c.
Other
sources
including
all
of
the
following:
7
(1)
Any
existing
real-time
database
of
persons
currently
8
receiving
benefits
in
other
states,
such
as
the
national
9
accuracy
clearinghouse.
10
(2)
An
available
database
of
persons
who
currently
hold
a
11
license,
permit,
or
certificate
from
any
state
agency,
the
cost
12
of
which
exceeds
five
hundred
dollars.
13
(3)
Wage
reporting
and
similar
information
maintained
by
14
states
contiguous
to
Iowa.
15
(4)
A
third-party
consumer
reporting
agency,
as
defined
16
by
the
federal
Fair
Credit
Reporting
Act,
15
U.S.C.
§1681a,
17
for
the
purpose
of
obtaining
real-time
employment
and
income
18
information.
19
2.
Prior
to
determining
the
initial
eligibility
of
an
20
applicant
for,
or
the
ongoing
eligibility
of
a
recipient
21
of,
public
assistance
benefits,
the
department
shall
access
22
information
for
every
applicant
or
recipient
from,
at
a
23
minimum,
the
following
public
records:
24
a.
A
nationwide
public
records
data
source
of
physical
asset
25
ownership.
The
data
source
may
include
but
is
not
limited
to
26
real
property,
automobiles,
watercraft,
aircraft,
and
luxury
27
vehicles,
or
any
other
vehicle
owned
by
the
applicant
for
or
28
recipient
of
assistance.
29
b.
A
nationwide
public
records
data
source
of
incarcerated
30
individuals.
31
c.
A
nationwide
best
address
and
driver’s
license
data
32
source
to
verify
that
individuals
are
residents
of
the
state.
33
d.
A
comprehensive
public
records
database
from
which
the
34
department
may
identify
potential
identity
fraud
or
identity
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theft
that
is
capable
of
closely
associating
name,
social
1
security
number,
date
of
birth,
phone,
and
address
information.
2
e.
National
and
local
financial
institutions
in
order
3
to
locate
undisclosed
depository
accounts
or
verify
account
4
balances
of
disclosed
accounts.
5
f.
Outstanding
default
or
arrest
warrant
information.
6
3.
The
state
may
contract
with
a
third-party
consumer
7
reporting
agency,
as
defined
by
the
federal
Fair
Credit
8
Reporting
Act,
15
U.S.C.
§1681a,
for
the
purpose
of
obtaining
9
real-time
employment
and
income
information
under
this
section.
10
Sec.
6.
NEW
SECTION
.
239.6
Identity
authentication.
11
Unless
otherwise
prohibited
by
federal
law
or
regulation,
12
prior
to
the
department
awarding
public
assistance
benefits,
an
13
applicant
shall
complete
a
computerized
identity
authentication
14
process
to
confirm
the
identity
of
the
applicant.
Identity
15
authentication
shall
be
accomplished
through
a
knowledge-based
16
questionnaire
consisting
of
financial
and
personal
questions.
17
The
questionnaire
shall
contain
questions
tailored
to
assist
18
persons
without
a
bank
account
or
those
who
have
poor
access
19
to
financial
and
banking
services
or
who
do
not
have
an
20
established
credit
history.
The
questionnaire
may
be
submitted
21
by
the
applicant
online,
in
person,
or
via
telephone.
22
Sec.
7.
NEW
SECTION
.
239.7
Case
review
of
applicant
and
23
recipient
information.
24
1.
If
the
information
obtained
from
a
review
of
an
25
applicant’s
or
recipient’s
information
under
this
chapter
does
26
not
result
in
the
department
finding
a
discrepancy
or
change
27
in
an
individual’s
circumstances
affecting
eligibility,
the
28
department
shall
take
no
further
action.
29
2.
If
the
information
obtained
from
a
review
of
the
30
applicant’s
or
recipient’s
information
under
this
chapter
31
results
in
the
department
finding
a
discrepancy
or
change
in
32
the
individual’s
circumstances
affecting
eligibility,
the
33
department
shall
respond
in
accordance
with
the
provisions
of
34
section
239.8.
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Sec.
8.
NEW
SECTION
.
239.8
Notice
and
right
to
be
heard.
1
1.
An
applicant
for,
or
recipient
of,
public
assistance
2
shall
be
provided
written
notice
and
the
opportunity
to
explain
3
any
issues
identified
in
a
review
performed
under
this
chapter
4
for
initial
eligibility
or
redetermination
of
eligibility.
5
Unless
otherwise
prohibited
by
federal
law
or
regulation,
6
a
self-declaration
by
an
applicant
or
recipient
shall
not
7
be
accepted
as
verification
of
categorical
and
financial
8
eligibility
during
such
review.
9
2.
The
notice
provided
to
the
applicant
or
recipient
shall
10
describe
in
sufficient
detail
the
circumstances
of
the
issue
11
identified,
the
manner
in
which
the
applicant
or
recipient
12
may
respond,
and
the
consequences
of
failing
to
respond
to
13
the
notice
or
resolve
the
issue
identified.
The
applicant
or
14
recipient
shall
be
provided
ten
days
to
respond
to
the
notice.
15
The
department
may
request
additional
information
as
necessary
16
to
reach
a
decision.
17
3.
An
applicant
or
recipient
may
respond
to
the
notice
as
18
follows:
19
a.
By
disagreeing
with
the
findings
of
the
department.
If
20
the
applicant
or
recipient
responds
in
a
timely
manner
and
21
disagrees
with
the
findings
of
the
department,
the
department
22
shall
reevaluate
the
circumstances
to
determine
if
the
23
applicant’s
or
recipient’s
position
is
valid.
If,
through
24
reevaluation,
the
department
finds
that
the
department
is
in
25
error,
the
department
shall
take
immediate
action
to
correct
26
the
error.
If,
through
reevaluation,
the
department
affirms
27
that
the
applicant’s
or
recipient’s
position
is
invalid,
the
28
department
shall
determine
the
effect
on
the
applicant’s
or
29
recipient’s
eligibility
and
take
appropriate
action.
Written
30
notice
of
the
department’s
determination
and
the
actions
taken
31
shall
be
provided
to
the
applicant
or
recipient.
32
b.
By
agreeing
with
the
findings
of
the
department.
If
33
the
applicant
or
recipient
responds
in
a
timely
manner
and
34
agrees
with
the
findings
of
the
department,
the
department
35
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shall
determine
the
effect
on
the
applicant’s
or
recipient’s
1
eligibility
and
take
appropriate
action.
Written
notice
of
the
2
department’s
determination
and
actions
taken
shall
be
provided
3
to
the
applicant
or
recipient.
4
4.
If
the
applicant
or
recipient
fails
to
respond
to
the
5
notice
in
a
timely
manner,
the
department
shall
provide
notice
6
to
terminate
the
applicant’s
application
or
to
discontinue
7
the
recipient’s
enrollment
for
failure
to
cooperate,
and
8
shall
terminate
the
applicant’s
application
or
discontinue
9
the
recipient’s
enrollment.
The
applicant’s
or
recipient’s
10
eligibility
for
such
public
assistance
shall
not
be
established
11
or
reestablished
until
the
issue
has
been
resolved.
12
Sec.
9.
NEW
SECTION
.
239.9
Referrals
for
fraud,
13
misrepresentation,
or
inadequate
documentation.
14
1.
Following
a
review
of
an
applicant’s
or
recipient’s
15
eligibility
under
this
chapter,
the
department
may
refer
cases
16
of
suspected
fraud
along
with
any
supportive
information
to
the
17
department
of
inspections
and
appeals
for
review.
18
2.
In
cases
of
substantiated
fraud,
upon
conviction,
the
19
state
shall
review
all
appropriate
legal
options
including
20
but
not
limited
to
removal
of
a
recipient
from
other
public
21
assistance
programs
and
garnishment
of
wages
or
state
income
22
tax
refunds
until
the
department
recovers
an
equal
amount
of
23
benefits
fraudulently
claimed.
24
3.
The
department
may
refer
suspected
cases
of
fraud,
25
misrepresentation,
or
inadequate
documentation
relating
to
26
initial
or
continued
eligibility
to
appropriate
state
agencies,
27
divisions,
or
departments
for
review
of
eligibility
issues
in
28
programs
providing
public
benefits
other
than
those
as
defined
29
in
this
chapter.
30
Sec.
10.
NEW
SECTION
.
239.10
Administration
——
rules
——
31
reporting.
32
1.
The
department
of
health
and
human
services
shall
adopt
33
rules
pursuant
to
chapter
17A
to
administer
this
chapter.
34
2.
The
department
shall
submit
a
report
to
the
governor
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and
the
general
assembly
by
January
15,
2025,
and
by
January
1
15
annually
thereafter
through
January
15,
2030,
detailing
the
2
impact
of
the
verification
and
authentication
measures
taken
3
under
this
chapter.
The
report
shall
include
data
for
all
4
affected
public
assistance
programs
including
the
number
of
5
cases
reviewed,
the
number
of
cases
closed,
the
number
of
fraud
6
investigation
referrals
made,
and
the
amount
of
savings
and
7
cost
avoidance
realized
from
the
provisions
of
this
chapter.
8
Sec.
11.
IMPLEMENTATION.
9
1.
The
department
of
health
and
human
services
shall
request
10
federal
approval
including
for
any
state
plan
amendment
or
11
waiver
necessary
to
administer
this
Act.
12
2.
The
provisions
of
this
Act
requiring
federal
approval
13
shall
be
implemented
upon
receipt
of
such
federal
approval.
14
3.
The
provisions
of
this
Act
not
requiring
federal
approval
15
shall
be
implemented
as
specified
in
this
Act,
or
if
not
16
specified
in
this
Act,
no
later
than
July
1,
2025.
17
4.
The
department
may
contract
with
multiple
third-party
18
vendors
to
administer
this
Act.
19
EXPLANATION
20
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
21
the
explanation’s
substance
by
the
members
of
the
general
assembly.
22
This
bill
relates
to
public
assistance
program
oversight.
23
The
bill
relates
to
various
eligibility
verification
and
24
authentication
measures
under
new
Code
chapter
239.
25
The
bill
provides
definitions
used
in
the
new
Code
chapter.
26
The
bill
requires
the
department
of
health
and
human
27
services
(HHS
or
the
department)
to
conduct
an
asset
test
on
28
all
members
of
the
household
of
an
applicant
for
SNAP
benefits.
29
The
bill
specifies
the
minimum
information
from
federal,
state,
30
and
other
data
sources
and
public
records
that
HHS
must
access
31
prior
to
determining
eligibility
for
an
applicant’s
SNAP
32
benefits.
The
bill
requires
HHS
to
enter
into
a
memorandum
of
33
understanding
with
any
department
or
subunit
of
a
department
34
to
obtain
the
information
specified.
The
bill
provisions
do
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not
apply
if
every
member
of
the
applicant’s
household
receives
1
supplemental
security
income.
2
The
bill
requires
that
an
applicant
for
SNAP
benefits
shall
3
cooperate
with
the
child
support
recovery
unit
as
a
condition
4
of
eligibility
for
SNAP
benefits.
5
The
bill
requires
that
by
July
1,
2024,
HHS
shall
redesign
6
an
existing
system;
establish
a
new
computerized
income,
7
asset,
and
identity
eligibility
verification
system;
or
8
contract
with
a
third-party
vendor
to
provide
for
identity
9
verification,
identity
authentication,
asset
verification,
10
and
dual
enrollment
prevention
in
each
public
assistance
11
program
administered
by
HHS.
The
department
may
contract
12
with
a
third-party
vendor
to
develop
or
provide
a
real-time
13
eligibility
system
to
verify
or
authenticate
income,
assets,
14
and
identity
eligibility
of
applicants
and
recipients.
The
15
system
shall
be
accessed
prior
to
determining
eligibility,
16
periodically
between
eligibility
redeterminations,
and
during
17
eligibility
redeterminations
and
reviews.
The
department
may
18
contract
with
a
third-party
vendor
to
provide
information
to
19
facilitate
reviews
of
recipient
eligibility
conducted
by
HHS.
20
A
contract
entered
into
to
provide
a
system
or
service
must
21
establish
the
annual
savings
amount
from
utilization
of
the
22
system
or
service,
and
include
a
provision
that
the
contract
23
may
be
terminated
contingent
upon
the
savings
not
exceeding
the
24
total
yearly
cost
to
the
state
for
utilization
of
the
system
or
25
service.
The
contract
does
not
preclude
HHS
from
continuing
to
26
conduct
additional
eligibility
verification
or
authentication
27
processes
to
receive,
review,
or
verify
additional
information
28
related
to
the
eligibility
of
an
individual;
or
from
29
contracting
with
a
third-party
vendor
to
provide
additional
30
eligibility
authentication
or
verification
information.
31
The
department
shall
seek
federal
approval
as
necessary
to
32
implement
and
administer
this
provision
of
the
bill.
33
The
bill
requires
that
for
all
applications
for
initial
34
public
assistance
program
benefits
and
all
determinations
of
35
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ongoing
recipient
eligibility
processed
by
HHS,
HHS
shall
1
access
information
for
every
applicant
or
recipient
from
2
specified
federal,
state,
and
other
sources,
and
from
specified
3
public
records.
4
The
bill
requires
that
prior
to
awarding
public
assistance
5
benefits
to
an
applicant,
the
applicant
shall
complete
a
6
computerized
identity
authentication
process
to
confirm
the
7
identity
of
the
applicant
through
the
use
of
a
knowledge-based
8
questionnaire
consisting
of
financial
and
personal
questions
9
tailored
to
assist
persons
without
a
bank
account
or
those
who
10
have
poor
access
to
financial
and
banking
services
or
who
do
11
not
have
an
established
credit
history.
The
questionnaire
12
may
be
submitted
by
the
applicant
online,
in
person,
or
via
13
telephone.
14
The
bill
provides
that
if
information
obtained
from
a
review
15
of
an
applicant’s
or
recipient’s
information
under
the
bill
16
does
not
result
in
HHS
finding
a
discrepancy
or
change
in
an
17
individual’s
circumstances
affecting
eligibility,
HHS
shall
18
take
no
further
action.
19
If
the
information
obtained
from
a
review
of
the
applicant’s
20
or
recipient’s
information
under
the
bill
results
in
HHS
21
finding
a
discrepancy
or
a
change
in
the
individual’s
22
circumstances
affecting
eligibility,
HHS
shall
provide
written
23
notice
to
the
individual
and
the
opportunity
to
explain
any
24
issues
identified.
Unless
otherwise
prohibited
by
federal
law
25
or
regulation,
a
self-declaration
by
an
applicant
or
recipient
26
shall
not
be
accepted
as
verification
of
categorical
and
27
financial
eligibility
during
such
review.
28
The
notice
provided
to
the
applicant
or
recipient
shall
29
describe
in
sufficient
detail
the
circumstances
of
the
issue
30
identified,
the
manner
in
which
the
applicant
or
recipient
31
may
respond,
and
the
consequences
of
failing
to
respond
to
32
the
notice
or
resolve
the
issue
identified.
The
applicant
or
33
recipient
shall
be
provided
10
days
to
respond
to
the
notice.
34
The
department
may
request
additional
information
as
necessary
35
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to
reach
a
decision.
1
The
bill
specifies
the
processes
and
results
dependent
upon
2
whether
an
applicant
or
recipient
responds
by
disagreeing
3
or
agreeing
with
the
findings
of
a
review
by
HHS.
If
the
4
applicant
or
recipient
fails
to
respond
to
the
notice
in
a
5
timely
manner,
HHS
shall
provide
notice
to
terminate
the
6
applicant’s
application
or
to
discontinue
the
recipient’s
7
enrollment
for
failure
to
cooperate,
and
shall
terminate
8
the
applicant’s
application
or
discontinue
the
recipient’s
9
enrollment.
The
applicant’s
or
recipient’s
eligibility
10
for
such
public
assistance
shall
not
be
established
or
11
reestablished
until
the
issue
has
been
resolved.
12
Following
a
review
of
an
applicant’s
or
recipient’s
13
eligibility,
HHS
may
refer
cases
of
suspected
fraud
along
with
14
any
supportive
information
to
the
department
of
inspections
15
and
appeals
for
review.
In
cases
of
substantiated
fraud,
16
upon
conviction,
the
state
shall
review
all
appropriate
legal
17
options
including
but
not
limited
to
removal
of
a
recipient
18
from
other
public
assistance
programs
and
garnishment
of
wages
19
or
state
income
tax
refunds
until
HHS
recovers
an
equal
amount
20
of
benefits
fraudulently
claimed.
The
department
may
refer
21
suspected
cases
of
fraud,
misrepresentation,
or
inadequate
22
documentation
relating
to
initial
or
continued
eligibility
23
to
appropriate
state
agencies,
divisions,
or
departments
24
for
review
of
eligibility
issues
in
other
public
assistance
25
programs.
26
Under
the
bill,
HHS
shall
adopt
administrative
rules
to
27
administer
the
Code
chapter.
The
department
shall
submit
a
28
report
to
the
governor
and
the
general
assembly
by
January
29
15,
2025,
and
by
January
15
annually
thereafter
through
30
January
15,
2030,
detailing
the
impact
of
the
verification
31
and
authentication
measures
taken
under
the
bill.
The
report
32
shall
include
data
for
all
affected
public
assistance
programs
33
including
the
number
of
cases
reviewed,
the
number
of
cases
34
closed,
the
number
of
fraud
investigation
referrals
made,
and
35
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the
amount
of
savings
and
cost
avoidance
realized
from
the
1
provisions
of
the
bill.
2
The
department
shall
request
federal
approval
including
for
3
any
state
plan
amendment
or
waiver
necessary
to
administer
the
4
bill,
and
the
provisions
of
the
bill
requiring
federal
approval
5
shall
be
implemented
upon
receipt
of
such
federal
approval.
6
The
provisions
of
the
bill
that
do
not
require
federal
approval
7
shall
be
implemented
as
specified
in
the
bill
or,
if
not
8
specified
in
the
bill,
no
later
than
July
1,
2024.
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