CHAPTER 217
DEPARTMENT OF HUMAN SERVICES

Referred to in §252B.9

SUBCHAPTER I
GENERAL PROVISIONS

     
217.1  Programs of department.
  There is established a department of human services to administer programs designed to improve the well-being and productivity of the people of the state of Iowa. The department shall concern itself with the problems of human behavior, adjustment, and daily living through the administration of programs of family, child, and adult welfare, economic assistance including costs of medical care, rehabilitation toward self-care and support, delinquency prevention and control, treatment and rehabilitation of juvenile offenders, care and treatment of persons with mental illness or an intellectual disability, and other related programs as provided by law.
[C71, 73, 75, 77, 79, 81, §217.1]
83 Acts, ch 96, §63, 159; 96 Acts, ch 1129, §38; 2012 Acts, ch 1019, §20
Referred to in §7E.5
Department to develop and implement strategies to increase efficiencies by reducing paperwork, decreasing staff time, and providing more streamlined services; annual progress report to joint appropriations subcommittee on health and human services; 
2010 Acts, ch 1031, §335

     
217.2  Council on human services.
  1.  a.  There is created within the department of human services a council on human services which shall act in a policymaking and advisory capacity on matters within the jurisdiction of the department. The council shall consist of seven voting members appointed by the governor subject to confirmation by the senate. Appointments shall be made on the basis of interest in public affairs, good judgment, and knowledge and ability in the field of human services. Appointments shall be made to provide a diversity of interest and point of view in the membership and without regard to religious opinions or affiliations. The voting members of the council shall serve for six-year staggered terms.
  b.  Each term of a voting member shall commence and end as provided by section 69.19.
  c.  All voting members of the council shall be electors of the state of Iowa. No more than four members shall belong to the same political party and no more than two members shall, at the time of appointment, reside in the same congressional district. At least one member of the council shall be a member of a county board of supervisors at the time of appointment to the council. Vacancies occurring during a term of office shall be filled in the same manner as the original appointment for the balance of the unexpired term subject to confirmation by the senate.
  2.  In addition to the voting members described in subsection 1, the membership of the council shall include four legislators as ex officio, nonvoting members. The four legislators shall be appointed one each by the majority leader of the senate, the minority leader of the senate, the speaker of the house of representatives, and the minority leader of the house of representatives for terms as provided in section 69.16B.
[C71, 73, 75, 77, 79, 81, §217.2; 81 Acts, ch 78, §20, 21]
83 Acts, ch 96, §157, 159; 2009 Acts, ch 115, §1
Confirmation, see §2.32 

  
     
217.3  Duties of council.
  The council on human services shall:
  1.  Organize annually and select a chairperson and vice chairperson.
  2.  Adopt and establish policy for the operation and conduct of the department of human services, subject to any guidelines which may be adopted by the general assembly, and the implementation of all services and programs thereunder.
  3.  Report immediately to the governor any failure by the director or any administrator of the department of human services to carry out any of the policy decisions or directives of the council.
  4.  Approve the budget of the department of human services prior to submission to the governor. Prior to approval of the budget, the council shall publicize and hold a public hearing to provide explanations and hear questions, opinions, and suggestions regarding the budget. Invitations to the hearing shall be extended to the governor, the governor-elect, the director of the department of management, and other persons deemed by the council as integral to the budget process. The budget materials submitted to the governor shall include a review of options for revising the medical assistance program made available by federal action or by actions implemented by other states as identified by the department, the medical assistance advisory council created in section 249A.4B, and by county representatives. The review shall address what potential revisions could be made in this state and how the changes would be beneficial to Iowans.
  5.  Insure that all programs administered or services rendered by the department directly to any citizen or through a local agency to any citizen are coordinated and integrated so that any citizen does not receive a duplication of services from various departments or local agencies that could be rendered by one department or local agency. If the council finds that such is not the case, it shall hear and determine which department or local agency shall provide the needed service or services and enter an order of their determination by resolution of the council which must be concurred in by at least a majority of the members. Thereafter such order or resolution of the council shall be obeyed by all state departments and local agencies to which it is directed.
  6.  Adopt all necessary rules recommended by the director or administrators of divisions hereinafter established prior to their promulgation pursuant to chapter 17A.
  7.  Approve the establishment of any new division or reorganization, consolidation or abolition of any established division prior to the same becoming effective.
  8.  Recommend to the governor the names of individuals qualified for the position of director of human services when a vacancy exists in the office.
[C71, 73, 75, 77, 79, 81, §217.3]
83 Acts, ch 96, §157, 159; 89 Acts, ch 283, §18; 95 Acts, ch 205, §36; 98 Acts, ch 1155, §7; 2005 Acts, ch 120, §1; 2019 Acts, ch 85, §90; 2021 Acts, ch 80, §107
Referred to in §225C.6, 249A.4B
Subsection 5 amended

  
     
217.3A  Advisory committees.
  1.  General.  The council on human services shall establish and utilize the advisory committee identified in this section and may establish and utilize other advisory committees. The council shall establish appointment provisions, membership terms, operating guidelines, and other operational requirements for committees established pursuant to this section.
  2.  Child abuse prevention.  The council shall establish a child abuse prevention program advisory committee to support the child abuse prevention program implemented in accordance with section 235A.1. The duties of the advisory committee shall include all of the following:
  a.  Advise the director of human services and the administrator of the division of the department of human services responsible for child and family programs regarding expenditures of funds received for the child abuse prevention program.
  b.  Review the implementation and effectiveness of legislation and administrative rules concerning the child abuse prevention program.
  c.  Recommend changes in legislation and administrative rules to the general assembly and the appropriate administrative officials.
  d.  Require reports from state agencies and other entities as necessary to perform its duties.
  e.  Receive and review complaints from the public concerning the operation and management of the child abuse prevention program.
  f.  Approve grant proposals.
2010 Acts, ch 1031, §391; 2013 Acts, ch 10, §29; 2019 Acts, ch 85, §86, 87

     
217.4  Meetings of council.
  The council shall meet at least monthly. Additional meetings shall be called by the chairperson or upon written request of any three members thereof as necessary to carry out the duties of the council. The chairperson shall preside at all meetings or in the absence of the chairperson the vice chairperson shall preside. The members of the council shall be paid a per diem as specified in section 7E.6 and their reasonable and necessary expenses.
[C71, 73, 75, 77, 79, 81, §217.4]
90 Acts, ch 1256, §36
Mileage expense rate, see §70A.9 

  
     
217.5  Director of human services.
  The chief administrative officer for the department of human services is the director of human services. The director shall be appointed by the governor subject to confirmation by the senate and shall serve at the pleasure of the governor. The governor shall fill a vacancy in this office in the same manner as the original appointment was made. The director shall be selected primarily for administrative ability. The director shall not be selected on the basis of political affiliation and shall not engage in political activity while holding this position.
[C71, 73, 75, 77, 79, 81, §217.5]
83 Acts, ch 96, §157, 159; 88 Acts, ch 1134, §43; 2018 Acts, ch 1041, §56
Confirmation, see §2.32 

  
     
217.6  Rules and regulations — organization of department.
  1.  The director is hereby authorized to recommend to the council for adoption such rules and regulations as are necessary to carry into practice the programs of the various divisions and to establish such divisions and to assign or reassign duties, powers, and responsibilities within the department, all with the approval of the council on human services, within the department as the director deems necessary and appropriate for the proper administration of the duties, functions and programs with which the department is charged. Any action taken, decision made, or administrative rule adopted by any administrator of a division may be reviewed by the director. The director, upon such review, may affirm, modify, or reverse any such action, decision, or rule.
  2.  The rules and regulations adopted for the public benefits and programs administered by the department of human services shall apply the residency eligibility restrictions required by federal and state law.
  3.  The director shall organize the department of human services into divisions to carry out in an efficient manner the intent of this chapter. The department of human services may be initially divided into the following divisions of responsibility:  
  a.  The division of child and family services.
  b.  The division of mental health and disability services.
  c.  The division of administration.
  d.  The division of planning, research, and statistics.
  4.  If the department of human services requires or requests a service consumer, service provider, or other person to maintain required documentation in electronic form, the department shall accept such documentation submitted by electronic means and shall not require a physical copy of the documentation unless required by state or federal law.
[C71, 73, 75, 77, 79, 81, §217.6; 81 Acts, ch 78, §20, 22]
83 Acts, ch 96, §64, 159; 94 Acts, ch 1170, §27; 2006 Acts, ch 1115, §21; 2010 Acts, ch 1031, §406; 2011 Acts, ch 34, §52; 2011 Acts, ch 122, §19, 23; 2020 Acts, ch 1062, §26

     
217.7  Administrators of divisions.
  The director may appoint an administrator of each of the divisions. The administrators shall be selected on the basis of their particular professional qualifications, education, and background relative to the assigned responsibilities of their divisions.
[C71, 73, 75, 77, 79, 81, §217.7]
88 Acts, ch 1134, §44

     
217.8  Division of child and family services.
  The administrator of the division of child and family services shall be qualified by training, experience, and education in the field of welfare and social problems. The administrator is charged with the administration of programs involving neglected, dependent, and delinquent children, child welfare, family investment program, and aid to persons with disabilities and shall administer and be in control of other related programs established for the general welfare of families, adults, and children as directed by the director.
[C50, 54, 58, 62, 66, §218.79; C71, 73, 75, 77, 79, 81, §217.8; 81 Acts, ch 27, §2; 82 Acts, ch 1260, §17]
90 Acts, ch 1239, §3; 93 Acts, ch 97, §24; 96 Acts, ch 1129, §113

     
217.9  Additional duties.
  The administrator of the division of child and family services may have the additional following duties, powers and responsibilities:
  1.  Develop a program of basic education, recreation, career and technical training and guidance for social adjustment.
  2.  Administer programs and statutes involved with child placement, employment and supervision of state boards.
  3.  Prepare a budget and such report or reports as required by law or as directed by the director.
  4.  Develop a program in corrective institutions for juveniles designed to rehabilitate the inmates and patients and institute a program of placement and parole supervision for all parolees of said corrective institutions for juveniles.
[C50, 54, 58, 62, 66, §218.80; C71, 73, 75, 77, 79, 81, §217.9]
2016 Acts, ch 1108, §20

  
     
217.9A  Commission on children, youth, and families.  Repealed by 98 Acts, ch 1206, §19. 

     
217.10  Administrator of division of mental health and disability services.
  The administrator of the division of mental health and disability services shall be qualified as provided in section 225C.3, subsection 3. The administrator’s duties are enumerated in section 225C.4.
[C50, 54, 58, 62, 66, §218.75; C71, 73, 75, 77, 79, 81, §217.10; 81 Acts, ch 78, §20, 23, 50]
94 Acts, ch 1170, §28; 2006 Acts, ch 1115, §22
217.11 and 217.12Repealed by 2008 Acts, ch 1072, §62008 Acts, ch 1072, §6.  See §216A.107. 

     
217.13  Department to provide certain volunteer services — volunteer liability.
  1.  The department of human services shall establish volunteer programs designed to enhance the services provided by the department. Roles for volunteers may include but shall not be limited to parent aides, friendly visitors, commodity distributors, clerical assistants, medical transporters, and other functions to complement and supplement the department’s work with clients. Roles for volunteers shall include conservators and guardians. The department shall adopt rules for programs which are established.
  2.  a.  The director shall appoint a coordinator of volunteer services to oversee the provision of services of volunteer conservators and guardians on a volunteer basis to individuals in this state requiring such services. The coordinator, after consulting with personnel assigned to the district of the department, shall recommend to the director how best to serve the needs of individuals in need of the services of a guardian or conservator. Where possible, the coordinator shall recommend that the services be provided on a multicounty basis.
  b.  The coordinator shall cooperate with the administrators of the divisions of the department in providing these services and shall seek out alternative sources for providing the services required under this section.
  3.  All volunteers registered with the department and in compliance with departmental rules are considered state employees for purposes of chapter 669. However, this section does not except a conservator or guardian from an action brought under section 658.1A or 658.3. This section does not relieve a guardian or conservator from duties under chapter 633.
88 Acts, ch 1170, §1; 2005 Acts, ch 175, §91

217.14  Reserved. 

     
217.15  Administrator of division of administration.
  The administrator of the division of administration shall be qualified in the general field of governmental administration with special training and experience in the areas of competitive bidding, contract letting, accounting and budget preparation.
[C71, 73, 75, 77, 79, 81, §217.15]

     
217.16  Cooperation with other divisions.
  The administrator of the division of administration shall cooperate with the administrators of the other divisions of the department of human services, assist them and the director of the department in the preparation of annual budgets and such other like reports as may be requested by the director or required by law.
[C71, 73, 75, 77, 79, 81, §217.16]
83 Acts, ch 96, §157, 159

     
217.17  Administrator of division of planning.
  The administrator of the division of planning, research, and statistics shall be qualified in the general field of governmental planning with special training and experience in the areas of preparation and development of plans for future efficient reorganization and administration of government social functions. The administrator of the division of planning, research, and statistics shall cooperate with the administrators of the other divisions of the department of human services, assisting them and the director of the department in their planning, research, and statistical problems. The administrator of the division of planning, research, and statistics shall assist the administrators, director, and the council on human services by proposing administrative and organizational changes at both the state and local level to provide more efficient and integrated social services to the citizens of this state. The planning, research, and statistical operations now forming an integral part of the present state functions assigned to the administrators of this department along with their future needs in this regard are all assigned to and shall be administered by the administrator of the division.
[C71, 73, 75, 77, 79, 81, §217.17]
83 Acts, ch 96, §65, 159; 2013 Acts, ch 90, §42

     
217.18  Official seal.
  The department shall have an official seal with the words “Iowa Department of Human Services” and such other design as the department prescribes engraved thereon. Every commission, order or other paper of an official nature executed by the department may be attested with such seal.
[S13, §2727-a1; SS15, §2727-a3; C24, 27, 31, 35, 39, §3281; C46, 50, 54, 58, 62, 66, §217.8; C71, 73, 75, 77, 79, 81, §217.18]
83 Acts, ch 96, §157, 159

     
217.19  Expenses.
  1.  The director of said department, the director’s staff, assistants and employees shall, in addition to salary, receive their necessary traveling expenses by the nearest traveled and practicable route, when engaged in the performance of official business.
  2.  The department of administrative services shall work with the department of human services to develop and implement an expense policy applicable to the members of a board, commission, committee, or other body under the auspices of the department of human services who meet the income requirements for payment of per diem in accordance with section 7E.6, subsection 2. The policy shall allow for the payment of the member’s expenses to be addressed through use of direct billings, travel purchase card, prepaid expenses, or other alternative means of addressing the expenses in lieu of reimbursement of the member.
[S13, §2727-a5; C24, 27, 31, 35, 39, §3282; C46, 50, 54, 58, 62, 66, §217.9; C71, 73, 75, 77, 79, 81, §217.19]
2008 Acts, ch 1187, §113

     
217.20  Trips to other states.  Repealed by 2011 Acts, ch 127, §56, 89. See §8A.512A.

     
217.21  Annual report.
  The department shall, annually, at the time provided by law make a report to the governor and general assembly, and cover therein the annual period ending with June 30 preceding, which report shall embrace:
  1.  An itemized statement of its expenditures concerning each program under its administration.
  2.  Adequate and complete statistical reports for the state as a whole concerning all payments made under its administration.
  3.  Such recommendations as to changes in laws under its administration as the director may deem necessary.
  4.  The observations and recommendations of the director and the council on human services relative to the programs of the department.
  5.  Such other information as the director or council on human services may deem advisable, or which may be requested by the governor or by the general assembly.
[S13, §2727-a9, -a12, -a16, -a34; SS15, §2727-a3; C24, 27, 31, 35, 39, §3285; C46, 50, 54, 58, 62, 66, §217.11; C71, 73, 75, 77, 79, 81, §217.21]
83 Acts, ch 96, §157, 159

217.22  Reserved. 

     
217.23  Personnel — merit system — reimbursement for damaged property.
  1.  The director of human services or the director’s designee, shall employ such personnel as are necessary for the performance of the duties and responsibilities assigned to the department. All employees shall be selected on a basis of fitness for the work to be performed with due regard to training and experience and shall be subject to the provisions of chapter 8A, subchapter IV.
  2.  The department may expend moneys from the support allocation of the department as reimbursement for replacement or repair of personal items of the department’s employees damaged or destroyed by clients of the department during the employee’s tour of duty. However, the reimbursement shall not exceed three hundred dollars for each item. The department shall establish rules in accordance with chapter 17A to carry out the purpose of this section.
[C75, 77, 79, 81, §217.23]
85 Acts, ch 253, §7; 2003 Acts, ch 145, §208; 2007 Acts, ch 218, §37

     
217.24  Payment by electronic funds transfer.
  The department of human services shall continue expanding the practice of making payments to program participants and vendors by means of electronic funds transfer. The department shall seek the capacity for making payment by such means for all programs administered by the department.
2010 Acts, ch 1031, §407
217.25 through 217.29Reserved.

  
     
217.30  Confidentiality of records — report of recipients.
  1.  For purposes of this section unless the context otherwise requires, “person” means the same as defined in section 4.1.
  2.  The following information relative to an individual receiving services or assistance from the department shall be held confidential except as otherwise provided in subsection 5:
  a.  The name and address of an individual receiving services or assistance from the department, and the type of services or amount of assistance provided.
  b.  Information concerning the social or economic conditions or circumstances of an individual who is receiving or has received services or assistance from the department.
  c.  An agency evaluation of information about an individual.
  d.  Medical or psychiatric data, including diagnosis and past history of disease or disability, concerning an individual.
  3.  Information described in subsection 2 shall not be disclosed to or used by any person except for purposes of administration of a program of services or assistance, and shall not, except as provided in subsection 5, be disclosed to or used by a person outside the department unless the person is subject to standards of confidentiality comparable to those imposed on the department by this section.
  4.  Nothing in this section shall restrict the disclosure or use of information regarding the cost, purpose, number of individuals served or assisted by, and results of any program administered by the department, and other general and statistical information, provided the information does not identify any particular individual served or assisted.
  5.  a.  The general assembly finds and determines that the use and disclosure of information as provided in this subsection are for purposes directly connected with the administration of the programs of services and assistance referred to in this section and are essential for their proper administration.
  b.  Confidential information described in subsection 2 shall only be disclosed under the following circumstances:
  (1)  Upon written application to and with the approval of the director or the director’s designee, confidential information described in subsection 2, paragraphs “a”, “b”, and “c”, shall be disclosed to a public official for use in connection with the public official’s duties relating to law enforcement, audits, the support and protection of children and families, and other purposes directly connected with the administration of the programs of services and assistance referred to in this section.
  (2)  If necessary for an individual to receive services, upon written application to and with the approval of the director or the director’s designee, confidential information described in subsection 2 shall be disclosed to a state agency, or a person that is not subject to chapter 17A, and that is providing services to the individual pursuant to chapter 239B promoting independence and self-sufficiency through employment through the job opportunities and basic skills program.
  (3)  Information described in subsection 2, paragraphs “a”, “b”, and “c”, in accordance with section 235A.15, subsection 10.
  (4)  To a multidisciplinary team as defined in section 235A.13, subsection 8, if the department approves the composition of the multidisciplinary team and the team’s sole focus is identifying services for children who are victims of, and children at risk of becoming victims of, human trafficking as defined in section 710A.1. Confidential information shall only be shared if a fully executed multidisciplinary agreement is in place between the department and the multidisciplinary team certifying that all confidential information shared between the parties to the multidisciplinary agreement shall be used solely for identifying services for children who are victims of, and children at risk of becoming victims of, human trafficking.
  c.  It shall be unlawful for any person to solicit, disclose, receive, use, or to authorize or knowingly permit, participate in, or acquiesce in the use of any information obtained from any such report or record for commercial or political purposes.
  6.  If the director or the director’s designee finds that any provision of this section will cause a program of services or assistance referred to in this section to be ineligible for federal funds, such provision shall be limited or restricted to the extent which is essential to make such program eligible for federal funds. The department shall adopt, pursuant to chapter 17A, any rules necessary to implement this subsection.
  7.   This section shall apply to an individual receiving assistance pursuant to chapter 252. Any report required to be prepared by the department under this section regarding assistance or services provided pursuant to chapter 252 shall be prepared by the individual appointed pursuant to section 252.26.
  8.  An individual that violates this section commits a serious misdemeanor.
  9.   This section shall take precedence over section 17A.12, subsection 7.
[C39, §3828.047; C46, 50, 54, 58, §239.10, 241.25, 249.44; C62, 66, §239.10, 241.25, 241A.16, 249.44, 249A.18; C71, 73, §239.10, 241.25, 241A.16, 249.44, 249A.8; C75, 77, 79, 81, §217.30]
93 Acts, ch 54, §1; 93 Acts, ch 97, §8; 97 Acts, ch 41, §32; 2000 Acts, ch 1088, §1; 2000 Acts, ch 1123, §1; 2004 Acts, ch 1153, §1; 2008 Acts, ch 1072, §2; 2013 Acts, ch 90, §43; 2019 Acts, ch 125, §1
Referred to in §135G.12, 135H.13, 216A.107, 217.31, 232.71D, 235A.15, 235A.17, 235A.24, 237.9, 237.21, 239B.8, 299.13
For requirement to make available requested record of reasons for excluding child from attending a hearing or meeting, see §232.91

  
     
217.31  Action for damages.
  1.  Any person may institute a civil action for damages under chapter 669 or to restrain the dissemination of confidential records set out in section 217.30, subsection 2, paragraph “b”, “c”, or “d”, in violation of that section, and any person, agency or governmental body proven to have disseminated or to have requested and received confidential records in violation of section 217.30, subsection 2, paragraph “b”, “c”, or “d”, shall be liable for actual damages and exemplary damages for each violation and shall be liable for court costs, expenses, and reasonable attorney fees incurred by the party bringing the action. In no case shall the award for damages be less than one hundred dollars.
  2.  Any reasonable grounds that a public employee has violated any provision of section 217.30 shall be grounds for immediate removal from access of any kind to confidential records or suspension from duty without pay.
[C75, 77, 79, 81, §217.31]
2013 Acts, ch 90, §44; 2019 Acts, ch 125, §2

     
217.32  Office space in county.
  Where the department of human services assigns personnel to an office located in a county for the purpose of performing in that county designated duties and responsibilities assigned by law to the department, it shall be the responsibility of the county to provide and maintain the necessary office space and office supplies and equipment for the personnel so assigned in the same manner as if they were employees of the county. The department shall at least annually, or more frequently if the department so elects, reimburse the county for a portion, designated by law, of the cost of maintaining office space and providing supplies and equipment as required by this section, and also for a similar portion of the cost of providing the necessary office space if in order to do so it is necessary for the county to lease office space outside the courthouse or any other building owned by the county. The portion of the foregoing costs reimbursed to the county under this section shall be equivalent to the proportion of those costs which the federal government authorizes to be paid from available federal funds, unless the general assembly directs otherwise when appropriating funds for support of the department.
[C75, 77, 79, 81, §217.32]
83 Acts, ch 96, §157, 159

     
217.33  Legal services.
  The director of human services pursuant to a state plan funded in part by the federal government may provide services for eligible persons by contract with nonprofit legal aid organizations.
[C77, 79, 81, §217.33]
83 Acts, ch 96, §157, 159

  
     
217.34  Debt setoff.
  The investigations division of the department of inspections and appeals and the department of human services shall provide assistance to set off against a person’s or provider’s income tax refund or rebate any debt which has accrued through written contract, nonpayment of premiums pursuant to section 249A.3, subsection 2, paragraph “a”, subparagraph (1), subrogation, departmental recoupment procedures, or court judgment and which is in the form of a liquidated sum due and owing the department of human services. The department of inspections and appeals, with approval of the department of human services, shall adopt rules under chapter 17A necessary to assist the department of administrative services in the implementation of the setoff under section 8A.504 in regard to money owed to the state for public assistance overpayments or nonpayment of premiums as specified in this section. The department of human services shall adopt rules under chapter 17A necessary to assist the department of administrative services in the implementation of the setoff under section 8A.504, in regard to collections by the child support recovery unit and the foster care recovery unit.
83 Acts, ch 96, §160; 83 Acts, ch 153, §2; 89 Acts, ch 250, §1; 2003 Acts, ch 145, §209; 2011 Acts, ch 120, §2; 2013 Acts, ch 138, §122, 127
For future amendment to this section effective upon the later of January 1, 2021, or the effective date of rules adopted by the department of revenue to implement 2020 Acts, ch 1064, see 2020 Acts, ch 1064, §9, 28; 2020 Acts, ch 1118, §73, 74

     
217.35  Fraud and recoupment activities.
  Notwithstanding the requirement for deposit of recovered moneys under section 239B.14, recovered moneys generated through fraud and recoupment activities are appropriated to the department of human services to be used for additional fraud and recoupment activities performed by the department of human services or the department of inspections and appeals. The department of human services may use the recovered moneys appropriated to add not more than five full-time equivalent positions, in addition to those funded by annual appropriations. The appropriation of the recovered moneys is subject to both of the following conditions:
  1.  The director of human services determines that the investment can reasonably be expected to increase recovery of assistance paid in error, due to fraudulent or nonfraudulent actions, in excess of the amount recovered in the previous fiscal year.
  2.  The amount expended for the additional fraud and recoupment activities shall not exceed the amount of the projected increase in assistance recovered.
2005 Acts, ch 175, §92

     
217.36  Distribution of earned income tax credit information.
  1.  The department shall ensure that educational materials relating to the federal and state earned income tax credits are provided in accordance with this section to each household receiving assistance or benefits under:
  a.  The hawk-i program under chapter 514I.
  b.  The family investment program under chapter 239B.
  c.  The medical assistance Act under chapter 249A.
  d.  The food programs defined in section 234.1 which are administered by the department.
  e.  Any other appropriate programs administered by, or under the oversight of, the department of human services.
  2.  The department shall, by mail or through the internet, provide a household described in subsection 1 with access to:
  a.  Internal revenue service publications relating to the federal earned income tax credit.
  b.  Department of revenue publications relating to the state earned income tax credit.
  c.  Information prepared by tax preparers who provide volunteer or free federal or state income tax preparation services to low-income and other eligible persons and who are located in close geographic proximity to the person.
  3.  In January of each year, the department or a representative of the department shall mail to each household described in subsection 1 information about the federal and state earned income tax credit that provides the household with referrals to the resources described in subsection 2.
  4.  The mailings required by the department under this section do not have to be made as a separate mailing but may be included in existing mailings being made to the appropriate households.
2008 Acts, ch 1157, §1

  
     
217.37  Reserved.

     
217.38  Restitution to individuals of Japanese ancestry.
  Notwithstanding any other law of this state, payments paid to an eligible individual of Japanese ancestry under section 105 of the Civil Liberties Act of 1988, Pub. L. No. 100-383, Tit. I, shall not be considered as income or an asset for determining the eligibility for state or local government benefit or entitlement programs. The proceeds are not subject to recoupment for the receipt of governmental benefits or entitlements and liens, except liens for child support, are not enforceable against these sums for any reason.
89 Acts, ch 285, §1; 2010 Acts, ch 1061, §180

  
     
217.39  Persecuted victims of World War II — reparations — heirs.
  Notwithstanding any other law of this state, payments paid to and income from lost property of a victim of persecution for racial, ethnic, or religious reasons by Nazi Germany or any other Axis regime or as an heir of such victim which is exempt from state income tax as provided in section 422.7, subsection 35, shall not be considered as income or an asset for determining the eligibility for state or local government benefit or entitlement programs. The proceeds are not subject to recoupment for the receipt of governmental benefits or entitlements, and liens, except liens for child support, are not enforceable against these sums for any reason.
2000 Acts, ch 1103, §1, 3
For future amendment to this section, effective January 1, 2023, see 2018 Acts, ch 1161, §100, 133, 134; 
2021 Acts, ch 177, §1

     
217.40  Training for guardians and conservators.
  The department of human services, or a person designated by the director, shall establish training programs designed to assist all duly appointed guardians and conservators in understanding their fiduciary duties and liabilities, the special needs of the ward, and how to best serve the ward and the ward’s interests.
89 Acts, ch 178, §2

     
217.41  Refugee services foundation.
  1.  The department of human services shall cause a refugee services foundation to be created for the sole purpose of engaging in refugee resettlement activities to promote the welfare and self-sufficiency of refugees who live in Iowa and who are not citizens of the United States. The foundation may establish an endowment fund to assist in the financing of its activities. The foundation shall be incorporated under chapter 504.
  2.  The foundation shall be created in a manner so that donations and bequests to the foundation qualify as tax deductible under federal and state income tax laws. The foundation is not a state agency and shall not exercise sovereign power of the state. The state is not liable for any debts of the foundation.
  3.  The refugee services foundation shall have a board of directors of five members. One member shall be appointed by the governor and four members shall be appointed by the director of human services. Members of the board shall serve three-year terms beginning on July 1, and ending on June 30. A vacancy on the board shall be filled in the same manner as the original appointment for the remainder of the term. Not more than two members appointed by the director of human services shall be of the same gender or of the same political party.
  4.  The refugee services foundation may accept and administer trusts deemed by the board to be beneficial. Notwithstanding section 633.63, the foundation may act as trustee of such a trust.
2004 Acts, ch 1049, §191; 2004 Acts, ch 1175, §146; 2005 Acts, ch 3, §50

  
     
217.41A  Electronic health records system task force.  Repealed by 
2008 Acts, ch 1188, §28
.  

  
     
217.41B  State family planning services program — establishment — discontinuation of Medicaid family planning network waiver.
  1.  The department of human services shall discontinue the Medicaid family planning network waiver effective July 1, 2017, and shall instead establish a state family planning services program. The state program shall replicate the eligibility requirements and other provisions included in the Medicaid family planning network waiver as approved by the centers for Medicare and Medicaid services of the United States department of health and human services in effect on June 30, 2017.
  2.  Distribution of family planning services program funds under this section shall be made in a manner that continues access to family planning services.
  3.  a.  (1)  Distribution of family planning services program funds shall not be made to any entity that performs abortions or that maintains or operates a facility where abortions are performed, which shall not be interpreted to include a nonpublic entity that is a distinct location of a nonprofit health care delivery system, if the distinct location provides family planning services but does not perform abortions or maintain or operate as a facility where abortions are performed.
  (2)  The department of human services shall adopt rules pursuant to chapter 17A to require that as a condition of eligibility as a provider under the family planning services program, each distinct location of a nonprofit health care delivery system shall enroll in the program as a separate provider, be assigned a distinct provider identification number, and complete an attestation that abortions are not performed at the distinct location. 
  (3)  For the purposes of this section, “nonprofit health care delivery system” means an Iowa nonprofit corporation that controls, directly or indirectly, a regional health care network consisting of hospital facilities and various ambulatory and clinic locations that provide a range of primary, secondary, and tertiary inpatient, outpatient, and physician services.
  b.  For the purposes of this section, “abortion” does not include any of the following:
  (1)  The treatment of a woman for a physical disorder, physical injury, or physical illness, including a life-endangering physical condition caused by or arising from the pregnancy itself, that would, as certified by a physician, place the woman in danger of death.
  (2)  The treatment of a woman for a spontaneous abortion, commonly known as a miscarriage, when not all of the products of human conception are expelled.
  4.  Family planning services program funds distributed in accordance with this section shall not be used for direct or indirect costs, including but not limited to administrative costs or expenses, overhead, employee salaries, rent, and telephone and other utility costs, related to providing abortions as specified in subsection 3.
2017 Acts, ch 174, §90, 92; 2018 Acts, ch 1165, §83
SUBCHAPTER II
FIELD SERVICES ORGANIZATION

     
217.42  Service areas — offices.
  1.  The organizational structure to deliver the department’s field services shall be based upon service areas designated by the department. The service areas shall serve as a basis for providing field services to persons residing in the counties comprising the service area. 
  2.  The department shall maintain an office in each county. Based on the annual appropriations for field operations, the department shall strive to maintain a full-time presence in each county. If it is not possible to maintain a full-time presence in each county, the department shall provide staff based on its caseweight system to assure the provision of services. The department shall consult with the county boards of supervisors of those counties regarding staffing prior to any modification of office hours.
  3.  A county or group of counties may voluntarily enter into a chapter 28E agreement with the department to provide funding or staff persons to deliver field services in county offices. The agreement shall cover the full fiscal year but may be revised by mutual consent.
92 Acts, ch 1079, §1
; 2001 Acts, 2nd Ex, ch 4, §1, 9
; 2010 Acts, ch 1031, §296, 401, 402

  
     
217.43  Service area advisory boards — location of county offices.
  1.  a.  The department shall establish a service area advisory board in each service area. Each of the county boards of supervisors of the counties comprising the service area shall appoint two service area advisory board members. All of the following requirements apply to the appointments made by a county board of supervisors:  
  (1)  The membership shall be appointed in accordance with section 69.16, relating to political affiliation, and section 69.16A, relating to gender balance.
  (2)  Not more than one of the members shall be a member of the board of supervisors.
  (3)  Appointments shall be made on the basis of interest in maintaining and improving service delivery.
  b.  Appointments shall be made a part of the regular proceedings of the board of supervisors and shall be filed with the county auditor and the service area manager. A vacancy on the board shall be filled in the same manner as the original appointment.
  c.  The boards of supervisors shall develop and agree to other organizational provisions involving the advisory board, including reporting requirements.
  2.  The purpose of the advisory boards is to improve communication and coordination between the department and the counties and to advise the department regarding maintenance and improvement of service delivery in the counties and communities comprising the service areas.
  3.  The department shall determine the community in which each county office will be located. The county board of supervisors shall determine the location of the office space for the county office. The county board of supervisors shall make reasonable efforts to collocate the office with other state and local government or private entity offices in order to maintain the offices in a cost-effective location that is convenient to the public.
92 Acts, ch 1079, §2; 93 Acts, ch 54, §2
; 2001 Acts, 2nd Ex, ch 4, §2, 9
; 2020 Acts, ch 1062, §27
Referred to in §251.3, 251.5, 331.321
Emergency relief duties of service area advisory board, see §251.5 

     
217.44  Service areas — employee and volunteer record checks.
  1.  The department shall conduct criminal and child and dependent adult abuse record checks of persons who are potential employees, employees, potential volunteers, and volunteers in service area offices in a position having direct contact with the department’s clients. The record checks shall be performed in this state and the department may conduct these checks in other states. If the department determines that a person has been convicted of a crime or has a record of founded child or dependent adult abuse, the department shall perform an evaluation to determine whether the crime or founded abuse warrants prohibition of the person’s employment or participation as a volunteer. The record checks and evaluation shall be performed in accordance with procedures adopted for this purpose by the department.
  2.  In an evaluation, the department shall consider the nature and seriousness of the crime or founded child or dependent adult abuse in relation to the position sought or held, the time elapsed since the commission of the crime or founded abuse, the circumstances under which the crime or founded abuse was committed, the degree of rehabilitation, the likelihood that the person will commit the crime or founded abuse again, and the number of crimes or founded abuses committed by the person involved.
  3.  The department may permit a person who is evaluated to be employed or to participate as a volunteer if the person complies with the department’s conditions relating to employment or participation as a volunteer which may include completion of additional training.
  4.  If the department determines that the person has committed a crime or has a record of founded child or dependent adult abuse which warrants prohibition of employment or participation as a volunteer, the person shall not be employed by or participate as a volunteer in a department service area office in a position having direct contact with the department’s clients.
2000 Acts, ch 1112, §52; 
2001 Acts, 2nd Ex, ch 4, §3, 9

     
217.45  Background investigations.
  1.  A background investigation may be conducted by the department of human services on all of the following individuals:
  a.  An applicant for employment with the department.
  b.  A contractor, vendor, or employee performing work for the department with access to federal tax information used for purposes of the department.
  2.  An individual subject to this section shall authorize the release of the results of all of the following:
  a.  A work history. 
  b.  A state criminal history background check.
  c.  A national criminal history check through the federal bureau of investigation. 
  3.  An individual subject to this section shall provide the individual’s fingerprints to the department. The department shall request the national criminal history check and shall provide the individual’s fingerprints to the department of public safety for submission through the state criminal history repository to the federal bureau of investigation.
  4.  The department shall pay the actual cost of the fingerprinting and the national criminal history check, if any, unless otherwise agreed to as part of a vendor contract or other contract with the department.
  5.  A contractor, vendor, or employee performing work for the department with access to federal tax information used for purposes of the department may be subject to a background investigation by the department at least once every ten years after the date of the initial contract with the contractor or vendor or initial date of hire of the employee.
  6.  The results of background investigations conducted pursuant to this section shall not be considered public records under chapter 22.
2017 Acts, ch 57, §1