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PAG LIN
1 1 Section 1. WELFARE REFORM.
1 2 1. The department of human services shall submit a waiver
1 3 request or requests to the United States department of health
1 4 and human services as necessary to implement the changes in
1 5 the family investment program under chapter 239 and the job
1 6 opportunities and basic skills program under chapter 249C, as
1 7 provided by this section. In addition, the department may
1 8 submit additional waiver requests to the United States
1 9 department of agriculture to make changes in the federal food
1 10 stamp program and to the United States department of health
1 11 and human services to make changes to the medical assistance
1 12 program under chapter 249A, as necessary to revise these
1 13 programs in accordance with any waiver provision implemented
1 14 pursuant to this section.
1 15 2. For the purposes of this section unless the context
1 16 otherwise requires:
1 17 a. "Applicant" means an individual who has applied to be a
1 18 recipient of public assistance.
1 19 b. "Minor parent" means an applicant or recipient parent
1 20 who is less than eighteen years of age and has never been
1 21 married.
1 22 c. "Public assistance" means the family investment program
1 23 under chapter 239 and job opportunities and basic skills or
1 24 JOBS program under chapter 249C.
1 25 d. "Recipient" means the same as provided in chapter 239
1 26 and includes individuals whose income is considered by the
1 27 department.
1 28 3. The department of human services shall apply for
1 29 federal waivers to implement the following provisions for
1 30 applicants for and recipients of public assistance:
1 31 a. To promote responsibility and strengthen family values,
1 32 the department shall require the following of minor parents,
1 33 and recipient parents who are 19 years of age or less, as
1 34 indicated:
1 35 (1) Unless any of the following conditions apply, a minor
2 1 parent shall be required to live with their parent or legal
2 2 guardian:
2 3 (a) The parent or guardian of the minor parent is
2 4 deceased, missing, or living in another state.
2 5 (b) The minor parent's health or safety would be
2 6 jeopardized if the minor parent is required to live with the
2 7 parent or guardian.
2 8 (c) The minor parent is in foster care.
2 9 (d) The minor parent is participating in the job corps
2 10 solo parent program or independent living program.
2 11 (e) Other good cause exists which is identified in rules
2 12 adopted by the department for this purpose for the minor
2 13 parent to receive public assistance while living apart from
2 14 the minor parent's parent or guardian.
2 15 (2) A minor parent who is a recipient and is not required
2 16 to live with the minor parent's parent or guardian pursuant to
2 17 subparagraph (1) shall be required to participate in a family
2 18 development program identified in rules adopted by the
2 19 department.
2 20 (3) Minor parents who are recipients and recipient parents
2 21 who are 19 years of age or less shall be required to attend
2 22 parenting classes.
2 23 b. To encourage the development of a strong work ethic, in
2 24 calculating public assistance eligibility and the amount of
2 25 assistance, the department shall disregard earnings of an
2 26 applicant or a recipient who is 19 years of age or younger who
2 27 is engaged full-time in completing high school graduation or
2 28 equivalency requirements.
2 29 c. To strengthen measures addressing welfare fraud and
2 30 abuse, the department shall strengthen sanctions to disqualify
2 31 recipients who defraud or abuse public assistance. In
2 32 establishing sanctions pursuant to this paragraph, the
2 33 department shall establish the same or similar penalties for
2 34 the family investment program and for the food stamp program.
2 35 Sec. 2. CONTINGENCY PROVISION &endash; TRANSFER. The waiver
3 1 request or requests submitted by the department of human
3 2 services pursuant to section 1 of this Act to the United
3 3 States department of health and human services shall be to
3 4 apply the provisions of section 1 statewide. If federal
3 5 waiver approval of a provision of section 1 of this Act is
3 6 granted, the department of human services shall implement the
3 7 provision in accordance with the federal approval. If a
3 8 provision of this Act is in conflict with a provision of
3 9 chapter 239 or 249C, notwithstanding that provision in chapter
3 10 239 or 249C, the provision of this Act shall be implemented
3 11 and the department shall propose an amendment to chapter 239
3 12 or 249C to resolve the conflict. The department may transfer
3 13 moneys appropriated for a waiver provision to another
3 14 appropriation as deemed necessary by the department if the
3 15 waiver provision is denied by the federal government.
3 16 Sec. 3. RULES. The department of human services shall
3 17 adopt administrative rules pursuant to chapter 17A to
3 18 implement the provisions of section 1 of this Act. If
3 19 necessary to conform with federal waiver terms and conditions
3 20 or to efficiently administer the provisions, the rules may
3 21 apply additional policies and procedures which are consistent
3 22 with the provisions of section 1 of this Act.
3 23 Sec. 4. APPLICABILITY. The effective date of each waiver
3 24 provision in section 1 of this Act granted by the federal
3 25 government shall be set by rule. However, the provisions of
3 26 section 1 of this Act shall not be implemented before July 1,
3 27 1996. If federal law is amended to permit this state to
3 28 initiate any of the provisions of section 1 of this Act
3 29 without a federal waiver, the department of human services
3 30 shall proceed to implement the provisions within the time
3 31 period required by this section.
3 32 EXPLANATION
3 33 This bill relates to the family investment program and
3 34 related human services programs by requiring the department of
3 35 human services to apply for certain federal waivers and
4 1 providing applicability provisions.
4 2 The bill describes provisions of waivers involving the
4 3 family investment program (formerly aid to families with
4 4 dependent children now referred to as FIP) and the federal-
4 5 state job opportunities and basic skills (JOBS) program (a
4 6 work and training program for recipients under FIP). In
4 7 addition, the department may apply for federal waivers under
4 8 the federal food stamp program and medical assistance program
4 9 for any changes to coordinate with waivers approved for FIP
4 10 and JOBS.
4 11 The bill requires the department to apply for waivers to
4 12 implement the following provisions: require minor parents to
4 13 live with their parent or guardian except under certain
4 14 exceptions, require those who do not live with their parent or
4 15 guardian to participate in a family development program, and
4 16 require any recipient parent who is 19 years of age or less to
4 17 attend parenting classes; for a family with a recipient who is
4 18 less than 20 years of age and engaged full-time in completing
4 19 high school graduation or equivalency requirements, the
4 20 department is required to disregard that recipient's earnings
4 21 in calculating eligibility and amount of assistance for the
4 22 family; and adopt measures to strengthen sanctions to
4 23 disqualify recipients who defraud or abuse public assistance.
4 24 A contingency provision requires the department to request
4 25 approval of the waiver provisions statewide and authorize
4 26 implementation of a federally approved waiver in accordance
4 27 with the approval. In addition, if any of the waiver
4 28 provisions are in conflict with a state law in the FIP or JOBS
4 29 chapters, the provision is still to be implemented and the
4 30 department is directed to propose an amendment to resolve the
4 31 conflict. If moneys are appropriated for a waiver provision
4 32 that is later denied, the department may transfer the
4 33 appropriation to another appropriation, as deemed necessary by
4 34 the department.
4 35 The department is directed to adopt rules through the
5 1 regular rulemaking procedures to implement approved waiver
5 2 provisions. All of the waiver provisions are not to be
5 3 implemented until July 1, 1996. If federal law changes so
5 4 that a waiver is not necessary to implement any of the
5 5 provisions in the bill, the same start date restriction
5 6 applies.
5 7 LSB 1924XS 76
5 8 jp/sc/14
Text: SF00311 Text: SF00313 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
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