Text: HSB00608                          Text: HSB00610
Text: HSB00600 - HSB00699               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

House Study Bill 609

Bill Text

PAG LIN
  1  1    Section 1.  Section 217.30, subsection 4, paragraph c, Code
  1  2 1999, is amended by striking the paragraph.
  1  3    Sec. 2.  Section 239B.2, subsection 3, Code Supplement
  1  4 1999, is amended to read as follows:
  1  5    3.  UNEMPLOYMENT.  A determination of eligibility for a
  1  6 family with an unemployed parent shall not include
  1  7 consideration of either parent's number of hours of employment
  1  8 except to establish the date assistance would begin in
  1  9 accordance with rules.  However, both Both parents must enter
  1 10 into and participate in a family investment agreement and
  1 11 participate in JOBS program activities unless good cause not
  1 12 to participate is established in accordance with rules.  For
  1 13 the purposes of this chapter, an applicant family with a
  1 14 parent who is partially or totally unemployed under any of the
  1 15 following circumstances shall not be considered to be
  1 16 unemployed:
  1 17    a.  The period of unemployment is less than thirty days
  1 18 prior to commencing participation under this chapter.
  1 19    b.  The parent is partially or totally unemployed due to a
  1 20 work stoppage which exists because of a labor dispute at the
  1 21 factory, establishment, or other premises at which the parent
  1 22 is or was last employed.
  1 23    c.  At any time during the thirty-day period prior to
  1 24 commencing participation under this chapter, the parent has
  1 25 not been available for employment, has not actively sought
  1 26 employment, or has without good cause refused any bona fide
  1 27 offer of employment or training for employment.  Any of the
  1 28 following reasons for refusing employment or training are not
  1 29 good cause:
  1 30    (1) a.  Unsuitable or unpleasant work or training, if the
  1 31 parent is able to perform the work or training without unusual
  1 32 danger to the parent's health.
  1 33    (2) b.  The amount of wages or compensation, unless the
  1 34 wages for employment are below the amount customary for the
  1 35 same work in the community.
  2  1    d.  The parent has not registered for work with the state
  2  2 employment service established pursuant to section 96.12, or
  2  3 after registration has failed to report at an employment
  2  4 office in accordance with regulations prescribed pursuant to
  2  5 section 96.4, subsection 1.
  2  6    e.  The parent is eligible but refuses to apply for or to
  2  7 draw upon unemployment benefits.
  2  8    f.  The parent or family fails to meet other requirements
  2  9 adopted by the department applicable to the applicant parent
  2 10 or family.  The other requirements shall be limited to those
  2 11 necessary to meet federal requirements and may be in addition
  2 12 to or in lieu of the requirements of this subsection, for
  2 13 eligibility under this chapter to children whose parents are
  2 14 partially or totally unemployed.
  2 15    Sec. 3.  Section 239B.8, subsection 1, Code Supplement
  2 16 1999, is amended by adding the following new paragraph:
  2 17    NEW PARAGRAPH.  d.  The individual is not a United States
  2 18 citizen and is not a qualified alien as defined in 8 U.S.C.  }
  2 19 1641.
  2 20    Sec. 4.  Section 239B.9, subsection 1, paragraph b,
  2 21 subparagraph (3), Code Supplement 1999, is amended to read as
  2 22 follows:
  2 23    (3)  For a two-parent family in which both parents are
  2 24 responsible for a family investment agreement, a first or
  2 25 subsequent limited benefit plan shall remain applicable until
  2 26 both parents complete significant contact with or action in
  2 27 regard to the JOBS program.  A limited benefit plan applied
  2 28 more than once to the same two-parent family shall be treated
  2 29 as a subsequent limited benefit plan.
  2 30    Sec. 5.  Section 239B.11, subsection 2, Code Supplement
  2 31 1999, is amended to read as follows:
  2 32    2.  A diversion program subaccount is created within the
  2 33 family investment program account.  The subaccount may be used
  2 34 to provide incentives to divert applicants' participation in
  2 35 the family investment program if the applicants meet income
  3  1 eligibility requirements for assistance.  Incentives may be
  3  2 provided in the form of payment or services with a focus on
  3  3 helping applicants to obtain or retain employment.  The
  3  4 diversion program subaccount may also be used for payments to
  3  5 participants as necessary to cover the expenses of removing
  3  6 barriers to employment.  In addition, the diversion program
  3  7 subaccount may be used for funding of services and payments
  3  8 for persons whose family investment program eligibility has
  3  9 ended, in order to help the persons to stabilize or improve
  3 10 their employment status.
  3 11    Sec. 6.  Section 239B.14, Code 1999, is amended to read as
  3 12 follows:
  3 13    239B.14  FRAUDULENT PRACTICES – RECOVERY OF OVERPAYMENTS.
  3 14    1.  An individual who obtains, or attempts to obtain, or
  3 15 aids or abets an individual to obtain, by means of a willfully
  3 16 false statement or representation, by knowingly failing to
  3 17 disclose a material fact, or by impersonation, or any
  3 18 fraudulent device, any assistance or other benefits under this
  3 19 chapter to which the individual is not entitled, commits a
  3 20 fraudulent practice.
  3 21    2.  An individual who commits a fraudulent practice under
  3 22 this section is personally liable for the amount of assistance
  3 23 or other benefits fraudulently obtained.  The amount of the
  3 24 assistance or other benefits may be recovered from the
  3 25 offender or the offender's estate in an action brought or by
  3 26 claim filed in the name of the state and the recovered funds
  3 27 shall be deposited in the family investment program account.
  3 28 The action or claim filed in the name of the state shall not
  3 29 be considered an election of remedies to the exclusion of
  3 30 other remedies.
  3 31    3.  The department shall adopt rules pursuant to chapter
  3 32 17A as necessary to recover overpayments of assistance and
  3 33 benefits provided under this chapter.  The recovery methods
  3 34 shall include but are not limited to reducing the amount of
  3 35 assistance or benefits provided.
  4  1    Sec. 7.  Section 239B.17, subsection 2, Code 1999, is
  4  2 amended by adding the following new paragraph:
  4  3    NEW PARAGRAPH.  e.  Providing services and payments for
  4  4 persons whose family investment program eligibility has ended,
  4  5 in order to help the persons to stabilize or improve their
  4  6 employment status.
  4  7    Sec. 8.  Section 239B.18, Code 1999, is amended to read as
  4  8 follows:
  4  9    239B.18  JOBS PROGRAM PARTICIPATION.
  4 10    Except for participants who are exempt from the requirement
  4 11 to enter into a family investment agreement under section
  4 12 239B.8, a participant in the family investment program shall
  4 13 participate in JOBS program activities as provided in the
  4 14 participant's family investment agreement.  A Except for
  4 15 individuals who are not a United States citizen and are not a
  4 16 qualified alien and exempt from the requirement to enter into
  4 17 a family investment agreement under section 239B.8, subsection
  4 18 1, paragraph "d", a participant who is exempt may voluntarily
  4 19 participate in the JOBS program.  
  4 20                           EXPLANATION 
  4 21    This bill relates to the family investment program (FIP)
  4 22 and associated provisions.
  4 23    Code section 217.30, subsection 4, paragraph "c", relating
  4 24 to confidentiality of records of persons receiving assistance
  4 25 through the department of human services, is stricken.  The
  4 26 stricken provision requires the department to file a quarterly
  4 27 report in local and county offices showing the names and last
  4 28 known addresses of persons receiving assistance under Code
  4 29 chapter 249, state supplementary assistance; Code chapter
  4 30 239B, family investment program; and Code chapter 249A,
  4 31 medical assistance (Medicaid).
  4 32    Code section 239B.2, relating to conditions of eligibility
  4 33 for FIP, is amended.  The bill strikes various restrictions
  4 34 and requirements regarding the unemployment status of parents
  4 35 in a two-parent family.
  5  1    Code section 239B.8, relating to policy requirements for
  5  2 family investment agreements, is amended.  The bill provides a
  5  3 new exemption to the requirements for participation in a
  5  4 family investment agreement for persons who are not United
  5  5 States citizens and are not qualified aliens as defined in
  5  6 federal law.
  5  7    Code section 239B.9, relating to limited benefit plans
  5  8 under FIP, is amended.  The bill specifies that any limited
  5  9 benefit plan applied to a two-parent family more than once is
  5 10 to be treated as a subsequent limited benefit plan.  A
  5 11 subsequent limited benefit plan is a defined term requiring a
  5 12 six-month period of eligibility for reduced assistance or
  5 13 ineligibility for cash assistance, followed by an
  5 14 indeterminate period until the individual participant
  5 15 completes significant contact with or action in regard to the
  5 16 JOBS program.
  5 17    Code section 239B.11, relating to the family investment
  5 18 program account, is amended to expand the uses of the program
  5 19 diversion subaccount.  Under the bill, the subaccount can be
  5 20 used to provide services and payments for persons whose family
  5 21 investment program eligibility has ended, in order to help the
  5 22 persons to stabilize or improve their employment status.  The
  5 23 bill provides a similar authorization in Code section 239B.17,
  5 24 relating to activities required to be provided as part of the
  5 25 JOBS program under FIP.
  5 26    Code section 239B.14, relating to fraudulent practices
  5 27 under FIP, is amended to refer to recovery of overpayments in
  5 28 the section headnote and to direct the department to adopt
  5 29 rules for such recovery.  The rules are to include provision
  5 30 for withholding of cash assistance or other FIP benefits.
  5 31    Code section 239B.18, relating to required participation in
  5 32 the JOBS program for FIP participants, is amended.  Under
  5 33 current law, those exempt from the requirement to enter into a
  5 34 family investment agreement may choose to voluntarily
  5 35 participate in the JOBS program.  However, under the bill,
  6  1 this choice is not available to a participant who is not a
  6  2 United States citizen and is not a qualified alien as defined
  6  3 in federal law.  
  6  4 LSB 5235DP 78
  6  5 jp/gg/8.1
     

Text: HSB00608                          Text: HSB00610
Text: HSB00600 - HSB00699               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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