Text: SSB00339 Text: SSB00341 Text: SSB00300 - SSB00399 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. WELFARE REFORM. The purpose of this section is
1 2 to place greater emphasis under the family investment program
1 3 on participant responsibility by enumerating the consequences
1 4 of noncompliance and by making the consequences easier to
1 5 understand. To achieve this purpose the department shall
1 6 amend the limited benefit plan process for participants as
1 7 provided in this Act.
1 8 1. The department of human services shall submit a waiver
1 9 request to the United States department of health and human
1 10 services as necessary to implement the changes in the family
1 11 investment program under chapter 239 and the job opportunities
1 12 and basic skills program under chapter 249C, as provided by
1 13 this section. In addition, the department may submit
1 14 additional waiver requests to the United States department of
1 15 agriculture to make changes in the federal food stamp program
1 16 and to the United States department of health and human
1 17 services to make changes to the medical assistance program
1 18 under chapter 249A, as necessary to revise these programs in
1 19 accordance with any waiver provision implemented pursuant to
1 20 this section.
1 21 2. For the purposes of this section unless the context
1 22 otherwise requires:
1 23 a. "Jobs opportunities and basic skills program" or "JOBS
1 24 program" means the job opportunities and basic skills program
1 25 under chapter 249C.
1 26 b. "Limited benefit plan" means a twelve-month period in
1 27 which a participant or members of a participant's eligible
1 28 group are either eligible for reduced benefits or ineligible
1 29 for any benefits under the family investment program.
1 30 c. "Participant" means a participant in the family
1 31 investment program under chapter 239 and includes individuals
1 32 whose income is considered by the department under the family
1 33 investment program. If a participant responsible for signing
1 34 and meeting the terms of a family investment agreement, as
1 35 defined by the director of human services, chooses not to
2 1 fulfill the terms of the agreement, the family investment
2 2 program eligibility group, or the individual participant shall
2 3 enter into a limited benefit plan. A limited benefit plan
2 4 shall be twelve months in length. The first month of the
2 5 twelve-month period is the first month after the month in
2 6 which timely and adequate notice is given to the participant
2 7 as defined by the director of human services. A participant
2 8 who is exempt from the JOBS program but who volunteers for the
2 9 program is not subject to the limited benefit plan. The
2 10 elements of a limited benefit plan shall be specified in the
2 11 department's administrative rules.
2 12 4. The department shall apply the limited benefit plan to
2 13 the participants responsible for the family investment
2 14 agreement and other members of the participant's family as
2 15 follows:
2 16 a. If the participant responsible for the family
2 17 investment agreement is a parent or needy caretaker relative,
2 18 for a first limited benefit plan, the family investment
2 19 program eligible group is eligible for up to three months of
2 20 benefits based on the needs of the children only. At the end
2 21 of the three-month period of reduced benefits, the family
2 22 investment program eligibility group becomes ineligible for
2 23 family investment program benefits for a nine-month period.
2 24 For a second or subsequent limited benefit plan chosen by the
2 25 same participant a subsequent twelve-month period of
2 26 ineligibility applies. If the eligible group reapplies for
2 27 assistance after the nine-month or twelve-month ineligibility
2 28 period, whichever is applicable, eligibility shall be
2 29 established in the same manner as for any other new applicant.
2 30 A limited benefit plan imposed in error shall not be
2 31 considered a first limited benefit plan.
2 32 b. If the participant choosing a limited benefit plan is a
2 33 needy relative who acts as payee when the parent is in the
2 34 home but is unable to act as payee, or is a dependent child's
2 35 stepparent who is in the family investment program eligible
3 1 group because of incapacity or caregiving, the limited benefit
3 2 plan shall apply only to the individual participant choosing
3 3 the plan. The individual participant choosing the limited
3 4 benefit plan is ineligible for twelve months from the
3 5 effective date of the limited benefit plan. This time period
3 6 applies to the first and any subsequent limited benefit plan.
3 7 c. If the family investment program eligible group
3 8 includes a minor parent living with the minor parent's adult
3 9 parent who receives family investment program benefits and
3 10 both the minor parent and the adult parent are responsible for
3 11 developing a family investment agreement, each parent is
3 12 responsible for a separate family investment agreement, and
3 13 the limited benefit plan shall be applied as follows:
3 14 (1) If the adult parent chooses the limited benefit plan,
3 15 the requirements of the limited benefit plan shall apply to
3 16 the entire eligible group, even though the minor parent has
3 17 not chosen the limited benefit plan. However, the minor
3 18 parent may reapply for family investment program benefits as a
3 19 minor parent living with self-supporting parents and continue
3 20 in the family investment agreement process.
3 21 (2) If the minor parent chooses the limited benefit plan,
3 22 the requirements of the limited benefit plan shall apply to
3 23 the minor parent and any child of the minor parent.
3 24 d. If the minor parent is the only child in the adult
3 25 parent's home and the minor parent chooses the limited benefit
3 26 plan, the adult parent shall remain eligible as long as the
3 27 adult parent fulfills family investment agreement
3 28 responsibilities and other family investment program
3 29 eligibility factors are met. However, the department may
3 30 adopt administrative rules to prohibit family investment
3 31 program benefits from being paid to the adult parent in this
3 32 instance.
3 33 e. If the family investment program eligible group
3 34 includes children who are mandatory JOBS program participants,
3 35 the children shall not have a separate family investment
4 1 agreement but shall be asked to sign the eligible group's
4 2 family investment agreement and to carry out the
4 3 responsibilities of that family investment agreement. A
4 4 limited benefit plan shall be applied as follows:
4 5 (1) If the parent responsible for a family investment
4 6 agreement meets those responsibilities but a child who is a
4 7 mandatory JOBS program participant chooses an individual
4 8 limited benefit plan, the family investment program eligible
4 9 group is eligible for up to twelve months of reduced benefits.
4 10 However, the child as part of the eligible group is ineligible
4 11 for twelve months.
4 12 (2) If the child who chooses a limited benefit plan under
4 13 subparagraph (1) is the only child in the eligible group, the
4 14 parent or parents shall remain eligible as long as the parent
4 15 or parents fulfill their family investment agreement
4 16 responsibilities and other family investment program
4 17 eligibility requirements are met. However, the department may
4 18 adopt administrative rules to prohibit family investment
4 19 program benefits from being paid to the adult parent or
4 20 parents in this instance.
4 21 f. If the family investment program eligible group
4 22 includes a parent or parents who are exempt from JOBS program
4 23 participation and children who are mandatory JOBS program
4 24 participants, the children are responsible for completing a
4 25 family investment agreement. If a child who is a mandatory
4 26 JOBS program participant chooses the limited benefit plan, the
4 27 limited benefit plan shall be applied in the manner provided
4 28 in paragraph "e".
4 29 g. If the family investment program eligible group
4 30 includes two parents, a limited benefit plan shall be applied
4 31 as follows:
4 32 (1) If only one parent of a child in the eligible group is
4 33 responsible for a family investment agreement and that parent
4 34 chooses the limited benefit plan, the limited benefit plan
4 35 cannot be ended by the voluntary participation in a family
5 1 investment agreement by the exempt parent. However, the
5 2 exempt parent may continue to be included in the eligible
5 3 group's grant during the three-month reduced benefit period by
5 4 participating in the JOBS family investment program-unemployed
5 5 parent work program. If a second or subsequent limited
5 6 benefit plan is chosen by either parent, the family investment
5 7 program eligible group becomes ineligible for a twelve-month
5 8 period beginning with the effective date of the limited
5 9 benefit plan.
5 10 (2) If both parents of a child in the eligible group are
5 11 responsible for a family investment agreement, both are
5 12 expected to sign the agreement. If either parent chooses the
5 13 limited benefit plan, the limited benefit plan cannot be ended
5 14 by the participation of the other parent in a family
5 15 investment agreement. However, the other parent may continue
5 16 to be included in the eligible group's grant during the three-
5 17 month reduced benefit period by participating in the JOBS
5 18 family investment program-unemployed parent work program. If
5 19 a second or subsequent limited benefit plan is chosen by
5 20 either parent, the family investment program eligible group
5 21 becomes ineligible for a twelve-month period beginning with
5 22 the effective date of the limited benefit plan.
5 23 (3) If the parents from a two-parent eligible group in a
5 24 limited benefit plan separate, the limited benefit plan shall
5 25 follow only the parent who chose the limited benefit plan and
5 26 any children in the home of that parent.
5 27 5. A participant shall be considered to have chosen a
5 28 limited benefit plan under any of the following circumstances:
5 29 a. A participant who does not establish an orientation
5 30 appointment with the JOBS program or who fails to keep or
5 31 reschedule an orientation appointment shall receive a reminder
5 32 letter which informs the participant that those who do not
5 33 attend orientation have elected to choose the limited benefit
5 34 plan. A participant who chooses not to respond to the
5 35 reminder letter within ten calendar days from the mailing date
6 1 shall receive notice establishing the effective date of the
6 2 limited benefit plan, the beginning date of the period of
6 3 reduced benefits, and the beginning and ending dates of the
6 4 nine-month or twelve-month period of ineligibility, whichever
6 5 is applicable. Timely and adequate notice provisions, as
6 6 determined by the director of human services, apply.
6 7 b. A participant who chooses not to sign the family
6 8 investment agreement after attending a JOBS program
6 9 orientation shall enter into the limited benefit plan as
6 10 described in paragraph "a".
6 11 c. A participant who has signed a family investment
6 12 agreement but then chooses the limited benefit plan under
6 13 circumstances defined by the director of human services.
6 14 6. A participant who chooses a limited benefit plan may
6 15 reconsider that choice as follows:
6 16 a. A participant who chooses a first limited benefit plan
6 17 rather than sign a family investment agreement shall have the
6 18 entire three-month period of reduced benefits following the
6 19 effective date of the limited benefit plan to reconsider and
6 20 begin development of the family investment agreement. The
6 21 participant may contact the department or the appropriate JOBS
6 22 program office anytime during the first three months of the
6 23 limited benefit plan to begin the reconsideration process.
6 24 Although family investment program benefits shall not begin
6 25 until the participant signs a family investment agreement
6 26 during the JOBS program orientation and assessment process,
6 27 retroactive benefits shall be issued as defined by the
6 28 director of human services. A limited benefit plan imposed in
6 29 error shall be considered a first limited benefit plan.
6 30 b. A participant who signs a family investment agreement
6 31 but does not carry out the family investment agreement
6 32 responsibilities shall be deemed to have chosen a limited
6 33 benefit plan and shall not be allowed to reconsider that
6 34 choice.
6 35 c. A participant who chooses a second or subsequent
7 1 limited benefit plan shall not be allowed to reconsider that
7 2 choice.
7 3 7. If a participant has chosen a limited benefit plan, a
7 4 qualified social services professional shall attempt to visit
7 5 with the participant to inquire into the eligible group's
7 6 well-being. The visit shall be performed as an extension of
7 7 the family investment program and the family investment
7 8 agreement philosophy of supporting families as they move
7 9 toward self-sufficiency. The department may contract for
7 10 these services. The visit shall be made in accordance with
7 11 the following:
7 12 a. For a participant in a first limited benefit plan who
7 13 has the reconsideration option, a qualified social services
7 14 professional, as defined by the director of human services,
7 15 shall inquire into the well-being of the eligible group during
7 16 month two of the reduced benefit period. If the participant
7 17 who is responsible for a family investment agreement indicates
7 18 a desire to develop a family investment agreement, the
7 19 qualified social services professional shall assist the
7 20 participant in establishing an appointment with the
7 21 appropriate JOBS program office.
7 22 b. For a participant in a first limited benefit plan who
7 23 does not enter into the family investment agreement process
7 24 during the three-month reconsideration period, a qualified
7 25 social services professional shall make another inquiry as to
7 26 the well-being of the eligible group during month four of the
7 27 limited benefit plan, the month after the end of the three-
7 28 month reduced benefit period.
7 29 c. A participant who signs the family investment agreement
7 30 but does not carry out family investment agreement
7 31 responsibilities and, consequently, has chosen a first limited
7 32 benefit plan, shall not be allowed to reconsider that choice.
7 33 However, a social services professional shall inquire as to
7 34 the well-being of the eligible group during month four, the
7 35 month after the end of the three-month reduced benefit period.
8 1 d. A participant who has chosen a second or subsequent
8 2 limited benefit plan shall not be allowed to reconsider that
8 3 choice. However, a qualified social services professional
8 4 shall make inquiry into the well-being of the eligible group
8 5 during month two of the limited benefit plan.
8 6 8. A participant only has the right to appeal the
8 7 establishment of the limited benefit plan once, but for a
8 8 first limited benefit plan there shall be two opportunities to
8 9 do so. A participant in a first limited benefit plan has the
8 10 right to appeal the limited benefit plan at the time the
8 11 department issues timely and adequate notice establishing the
8 12 limited benefit plan, or at the time the department issues the
8 13 subsequent notice that establishes the nine-month period of
8 14 ineligibility. A participant who has chosen a second or
8 15 subsequent limited benefit plan has the right to appeal only
8 16 at the time the department issues the timely and adequate
8 17 notice that establishes the twelve-month period of
8 18 ineligibility. However, if the reason for the appeal is based
8 19 on an incorrect grant computation, an error in determining the
8 20 eligible group, or another worker error, a hearing shall be
8 21 granted, regardless of the person's limited benefit plan
8 22 status.
8 23 9. For a participant who is in a limited benefit plan when
8 24 the rules adopted pursuant to this Act take effect, the terms
8 25 of the participant's existing limited benefit plan shall
8 26 continue until that limited benefit plan either ends or is
8 27 lifted in accordance with previous limited benefit plan
8 28 policies. A participant who chose a limited benefit plan
8 29 under the previous policy and who then chooses a limited
8 30 benefit plan after the rules adopted pursuant to this Act take
8 31 effect shall be subject to the provisions of a second limited
8 32 benefit plan unless the prior limited benefit plan was imposed
8 33 in error.
8 34 10. An eligible group applying for the emergency
8 35 assistance program shall be denied benefits under that program
9 1 if the applicant is part of a family or eligible group with a
9 2 member who has chosen a limited benefit plan. The eligible
9 3 group shall be ineligible for emergency assistance for the
9 4 period the limited benefit plan applies. If the eligible
9 5 group becomes ineligible for the family investment program
9 6 during the limited benefit plan period for a reason unrelated
9 7 to the limited benefit plan, the ineligibility for emergency
9 8 assistance continues until the limited benefit plan period has
9 9 ended. If the participant responsible for the family
9 10 investment agreement reconsiders and signs a family investment
9 11 agreement, the department shall determine eligibility for
9 12 emergency assistance as of the date the limited benefit plan
9 13 is lifted. If the limited benefit plan was imposed in error
9 14 and is subsequently lifted, the department shall determine
9 15 eligibility for emergency assistance as of the date of the
9 16 emergency assistance application.
9 17 11. The department shall assess the ramifications of the
9 18 limited benefit plan on the food stamp program and may adopt
9 19 changes in administrative rules for that program, if
9 20 appropriate.
9 21 Sec. 2. CONTINGENCY PROVISION &endash; TRANSFER. The waiver
9 22 request submitted by the department of human services pursuant
9 23 to section 1 of this Act to the United States department of
9 24 health and human services shall be to apply the provisions of
9 25 section 1 statewide. If federal waiver approval of a
9 26 provision of section 1 of this Act is granted, the department
9 27 of human services shall implement the provision in accordance
9 28 with the federal approval. If implementing a provision of
9 29 this Act is in conflict with a provision of chapter 239 or
9 30 249C, notwithstanding that provision in chapter 239 or 249C,
9 31 the provision of this Act shall be implemented. The
9 32 department shall propose an amendment in accordance with the
9 33 provisions of section 2.16 to chapter 239 or 249C to resolve
9 34 the conflict and to place the provisions of this Act before
9 35 the public in a statute. The department may transfer moneys
10 1 appropriated for a waiver provision to another appropriation
10 2 as deemed necessary by the department if the waiver provision
10 3 is denied by the federal government.
10 4 Sec. 3. EMERGENCY RULES. The department of human services
10 5 may adopt emergency rules under section 17A.4, subsection 2,
10 6 and section 17A.5, subsection 2, paragraph "b", to implement
10 7 the provisions of this Act and the rules shall be effective
10 8 immediately upon filing unless a later date is specified in
10 9 the rules. If necessary to conform with federal waiver terms
10 10 or to efficiently administer the provisions, the rules may
10 11 apply additional policies and procedures which are consistent
10 12 with the provisions of section 1 of this Act. Any rules
10 13 adopted in accordance with this section shall also be
10 14 published as a notice of intended action as provided in
10 15 section 17A.4.
10 16 Sec. 4. APPLICABILITY. The effective date of the waiver
10 17 provisions in section 1 of this Act granted by the federal
10 18 government shall be October 1, 1995, or at the beginning of
10 19 the second month following the month in which the federal
10 20 government approves the waiver, whichever is later. If
10 21 federal law is amended to permit the state to initiate any of
10 22 the provisions of section 1 of this Act without a federal
10 23 waiver, the department of human services shall proceed to
10 24 implement the provisions within the time period required by
10 25 this section.
10 26 EXPLANATION
10 27 This bill relates to the family investment program
10 28 (formerly known as aid to families with dependent children) by
10 29 requiring the department of human services to apply for a
10 30 federal waiver to revise the limited benefit plan provisions
10 31 of the program. The limited benefit plan provisions are not
10 32 specifically addressed in current law but are in
10 33 administrative rules.
10 34 As the program is implemented under current law, most adult
10 35 participants and some minor participants in the family
11 1 investment program are responsible for entering into a family
11 2 investment agreement. A participant may choose, or by certain
11 3 actions of noncompliance concerning a family investment
11 4 agreement is considered to have chosen, a limited benefit
11 5 plan. A limited benefit plan may be applied to the
11 6 participant alone or to the entire eligible group or family to
11 7 which the participant belongs. A limited benefit plan limits
11 8 both the amount of cash assistance and the period of
11 9 eligibility for the family investment program.
11 10 Under the department's current administrative rules a
11 11 limited benefit plan applies for a period of 12 months. Of
11 12 that 12-month period, benefits are limited for the fourth
11 13 through sixth months and the period of ineligibility applies
11 14 for the seventh through the twelfth months. Under the bill,
11 15 different provisions apply to the first limited benefit plan
11 16 than to subsequent limited benefit plans. The bill provides
11 17 in a first limited benefit plan that benefits are reduced for
11 18 the first three months and denied for the remaining nine
11 19 months and in subsequent limited benefit plans, benefits are
11 20 denied for the entire 12 months.
11 21 The bill directs the department of human services to apply
11 22 the limited benefit plan provisions to certain participants
11 23 who are responsible for developing a family investment
11 24 agreement, specifies the members of the eligible group to
11 25 which the limited benefit plan applies, outlines the
11 26 provisions of a first and subsequent limited benefit plan
11 27 periods, lists actions which will be considered to constitute
11 28 choosing a limited benefit plan, provides options and
11 29 limitations for reconsidering the choice of a limited benefit
11 30 plan, provides for one or more visits or inquiries by a social
11 31 services professional into the well-being of a family on a
11 32 limited benefit plan, limits appeals of a limited benefit plan
11 33 except in cases of error, provides for transition to the new
11 34 provisions from the provisions under the department's current
11 35 policies, prohibits benefits under the emergency assistance
12 1 program for families with a family member who has chosen a
12 2 limited benefit plan, and authorizes the department to make
12 3 changes in the rules for the food stamp program.
12 4 The department is directed to apply the waiver provisions
12 5 statewide as approved by the federal government. If
12 6 implementing the waiver provisions would be in conflict with
12 7 state law for the family investment program under chapter 239
12 8 or the job opportunities and basic skills program under
12 9 chapter 249C, those statutes in conflict are suspended. The
12 10 department is directed to propose, in accordance with the
12 11 legislative bill prefiling statute, an amendment to those
12 12 chapters and to codify the provisions in order to place the
12 13 provisions before the public.
12 14 The department is authorized to adopt administrative rules
12 15 under emergency provisions which eliminate the public comment
12 16 period and review by the administrative rules review
12 17 committee. However, the rules must then also be adopted under
12 18 the regular rule adoption provisions.
12 19 A special effective date for the provisions is provided.
12 20 The provisions would take effect on October 1, 1995, or during
12 21 the second month following the month the federal government
12 22 approves the waiver, whichever is later.
12 23 LSB 2608SC 76
12 24 jp/sc/14
Text: SSB00339 Text: SSB00341 Text: SSB00300 - SSB00399 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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