Senate
File
505
S-3163
Amend
Senate
File
505
as
follows:
1
1.
Page
119,
after
line
25
by
inserting:
2
<
DIVISION
___
3
WELFARE
FRAUD
PREVENTION
4
Sec.
___.
DEFINITIONS.
For
the
purposes
of
this
5
division
of
this
Act,
unless
the
context
otherwise
6
requires:
7
1.
“Department”
means
the
department
of
human
8
services.
9
2.
“Identity
information”
means
an
applicant
or
10
recipient’s
full
name,
aliases,
date
of
birth,
address,
11
social
security
number,
and
other
related
information.
12
Sec.
___.
ESTABLISHMENT
OF
ENHANCED
ELIGIBILITY
13
VERIFICATION
SYSTEM.
14
1.
The
department
shall
establish
a
computerized
15
income,
asset,
and
identity
eligibility
verification
16
system
to
verify
eligibility,
eliminate
duplication
of
17
assistance,
and
deter
waste,
fraud,
and
abuse
within
18
each
respective
assistance
program
under
the
purview
19
of
and
administered
by
the
department.
The
department
20
shall
enter
into
a
competitively
bid
contract
with
a
21
third-party
vendor
for
the
purposes
of
developing
and
22
implementing
such
a
system
to
verify
the
income,
asset,
23
and
identity
information
of
applicants
when
determining
24
an
applicant’s
eligibility
for
assistance
prior
to
25
the
distribution
of
benefits,
periodically
between
26
eligibility
redeterminations,
and
during
eligibility
27
redeterminations
and
reviews
as
specified
in
this
28
section.
29
2.
When
the
department
enters
into
a
contract
with
30
a
third-party
vendor
for
the
purposes
of
carrying
out
31
this
division
of
this
Act,
payment
to
the
vendor
for
32
such
services
shall
be
contingent
upon
the
annualized
33
savings
realized
by
implementation
of
the
verification
34
system
as
specified
in
the
contract
exceeding
the
total
35
yearly
cost
to
the
state
for
implementation
of
the
36
verification
system.
37
3.
When
the
department
enters
into
a
contract
with
38
a
third-party
vendor
for
the
purposes
of
carrying
out
39
this
division
of
this
Act,
the
payment
structure
shall
40
be
based
on
a
per-applicant
rate
and
may
include
a
41
performance
bonus
for
achieving
above
a
predetermined
42
rate
of
success
in
identifying
waste,
fraud,
and
abuse.
43
4.
To
avoid
any
conflict
of
interest,
when
the
44
department
enters
into
a
contract
with
a
third-party
45
vendor
for
the
purposes
of
carrying
out
this
division
46
of
this
Act,
that
primary
vendor
shall
not
currently
47
be
and
shall
not
be
allowed
in
the
future
to
bid
on
48
a
contract
to
be
the
state
contractor
to
administer
49
enrollment
services.
50
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9
#1.
5.
This
division
of
this
Act
shall
not
be
1
interpreted
to
preclude
the
department
from
continuing
2
to
conduct
additional
eligibility
verification
3
processes
not
specified
in
this
division
of
this
Act,
4
that
are
not
currently
practiced.
5
6.
Under
the
system
implemented
pursuant
to
this
6
division
of
this
Act,
all
applications
for
benefits
7
shall
be
processed
within
a
ten-day
period
or
the
8
minimum
period
required
by
federal
law.
9
7.
Under
the
system
implemented
pursuant
to
this
10
division
of
this
Act,
prior
to
awarding
or
continuing
11
assistance,
and
on
a
quarterly
basis
thereafter,
the
12
department
shall
verify
identity
information
for
each
13
respective
applicant
for
and
recipient
of
assistance
14
from
the
department
against
the
following
to
the
extent
15
such
information
or
database
is
available:
16
a.
Earned
and
unearned
income
information
17
maintained
by
the
internal
revenue
service.
18
b.
Employer
weekly,
monthly,
or
quarterly
19
reports
of
income
and
unemployment
insurance
payment
20
information
maintained
by
the
department
of
workforce
21
development.
22
c.
Earned
income
information
maintained
by
the
23
United
States
social
security
administration.
24
d.
Immigration
status
information
maintained
by
the
25
United
States
citizen
and
immigration
services.
26
e.
Death
register
information
maintained
by
the
27
United
States
social
security
administration.
28
f.
Prisoner
information
maintained
by
the
United
29
States
social
security
administration.
30
g.
Public
housing
and
section
8
housing
assistance
31
payment
information
maintained
by
the
United
States
32
department
of
housing
and
urban
development.
33
h.
National
fleeing
felon
information
maintained
by
34
the
United
States
federal
bureau
of
investigation.
35
i.
Wage
reporting
and
similar
information
36
maintained
by
states
contiguous
to
Iowa.
37
j.
Beneficiary
records
and
earnings
information
38
maintained
by
the
United
States
social
security
39
administration
in
its
beneficiary
and
earnings
data
40
exchange
database.
41
k.
Earnings
and
pension
information
maintained
by
42
the
United
States
social
security
administration
in
its
43
beneficiary
earnings
exchange
record
system
database.
44
l.
Employment
information
maintained
by
the
45
department
of
workforce
development.
46
m.
Employment
information
maintained
by
the
United
47
States
department
of
health
and
human
services
in
its
48
national
directory
of
new
hires
database.
49
n.
Supplemental
security
income
information
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maintained
by
the
United
States
social
security
1
administration
in
its
supplemental
security
income
2
state
data
exchange
database.
3
o.
Veterans’
benefits
information
maintained
by
the
4
United
States
department
of
health
and
human
services
5
in
the
federal
public
assistance
reporting
information
6
system
database.
7
p.
Child
care
services
information
maintained
by
8
the
department.
9
q.
Utility
payments
information
maintained
by
the
10
state
under
the
low-income
home
energy
assistance
11
program.
12
r.
Emergency
utility
payment
information
maintained
13
by
state
or
local
entities.
14
s.
A
database
of
all
persons
who
currently
hold
a
15
license,
permit,
or
certificate
from
any
state
agency,
16
the
cost
of
which
exceeds
five
hundred
dollars.
17
t.
Income
and
employment
information
maintained
by
18
the
child
support
recovery
unit
and
the
United
States
19
department
of
health
and
human
services
office
of
child
20
support
enforcement.
21
u.
Earnings
and
pension
information
maintained
by
22
the
Iowa
public
employees’
retirement
system.
23
v.
Any
existing
real-time
database
of
persons
24
currently
receiving
benefits
in
other
states,
such
as
25
the
national
accuracy
clearinghouse.
26
w.
A
database
which
is
substantially
similar
to
or
27
a
successor
of
a
database
described
in
this
subsection.
28
8.
Under
the
system
implemented
pursuant
to
this
29
division
of
this
Act,
prior
to
awarding
or
continuing
30
assistance
and
on
a
quarterly
basis,
the
department
31
shall
match
identity
information
for
each
respective
32
applicant
for
and
recipient
of
assistance
from
the
33
department
against,
at
a
minimum,
all
of
the
following
34
data
sources,
to
the
extent
such
data
sources
are
35
available:
36
a.
A
nationwide
public
records
data
source
of
37
physical
asset
ownership
such
as
real
property,
38
automobiles,
watercraft,
aircraft,
and
luxury
vehicles,
39
or
any
other
vehicle
owned
by
an
applicant
for
or
40
recipient
of
assistance.
41
b.
A
nationwide
public
records
data
source
of
42
incarcerated
individuals.
43
c.
A
nationwide
best-address
and
driver’s
license
44
data
source
to
verify
that
an
individual
is
a
resident
45
of
this
state.
46
d.
A
comprehensive
public
records
database
that
47
identifies
potential
identity
fraud
or
identity
theft
48
that
can
closely
associate
name,
social
security
49
number,
date
of
birth,
telephone,
and
address
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information.
1
e.
National
and
local
financial
institutions,
in
2
order
to
locate
undisclosed
depository
accounts
or
to
3
verify
account
balances
of
disclosed
accounts.
4
f.
Outstanding
default
or
arrest
warrant
5
information
maintained
by
the
Iowa
online
warrants
6
and
articles
criminal
justice
information
network
7
maintained
by
the
department
of
public
safety.
8
g.
A
data
source
or
database
which
is
substantially
9
similar
to
or
a
successor
of
a
data
source
or
database
10
described
in
this
subsection.
11
9.
As
part
of
the
verification
process,
prior
to
12
awarding
assistance,
applicants
for
benefits
shall
13
complete
a
computerized
identity
authentication
process
14
that
shall
confirm
the
applicant
owns
the
identity
15
presented
in
the
application.
The
department
shall
16
review
the
respective
applicant’s
identity
ownership
17
using
the
following
procedures:
18
a.
Provide
a
knowledge-based
quiz
consisting
19
of
financial
or
personal
questions.
The
quiz
shall
20
attempt
to
accommodate
nonbanked
or
under-banked
21
applicants
who
do
not
have
an
established
credit
22
history.
23
b.
Require
the
quiz
for
applications
be
available
24
to
be
submitted
through
a
variety
of
approaches
25
including
online,
in-person,
and
via
telephone.
26
10.
If
a
discrepancy
results
between
an
applicant’s
27
or
recipient’s
identity
information
and
information
28
available
through
one
or
more
of
the
databases
or
29
information
tools
specified
in
this
section,
the
30
department
shall
review
the
respective
applicant’s
or
31
recipient’s
case
using
the
following
procedures:
32
a.
If
the
information
discovered
does
not
result
33
in
the
department
finding
a
discrepancy
or
change
34
in
an
applicant’s
or
recipient’s
circumstances
that
35
may
affect
eligibility,
the
department
shall
take
no
36
further
action.
37
b.
If
the
information
discovered
results
in
the
38
department
finding
a
discrepancy
or
change
in
a
39
recipient’s
circumstances
that
may
affect
eligibility,
40
the
department
shall
promptly
redetermine
eligibility
41
after
receiving
such
information.
42
c.
(1)
If
the
information
discovered
results
in
43
the
department
finding
a
discrepancy
or
change
in
an
44
applicant’s
or
recipient’s
circumstances
that
may
45
affect
eligibility,
the
applicant
or
recipient
shall
46
be
given
an
opportunity
to
explain
the
discrepancy.
47
However,
a
self-declaration
by
an
applicant
or
48
recipient
shall
not
be
accepted
as
verification
49
of
categorical
and
financial
eligibility
during
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eligibility
evaluations,
reviews,
and
redeterminations.
1
(2)
The
department
shall
provide
written
notice
to
2
the
applicant
or
recipient,
which
shall
describe
in
3
sufficient
detail
the
circumstances
of
the
discrepancy
4
or
change,
the
manner
in
which
the
applicant
or
5
recipient
may
respond,
and
the
consequences
of
failing
6
to
take
action.
The
applicant
or
recipient
shall
have
7
ten
business
days,
or
the
minimum
period
otherwise
8
required
by
state
or
federal
law,
to
respond
to
an
9
attempt
to
resolve
the
discrepancy
or
change.
The
10
explanation
provided
by
the
recipient
or
applicant
11
shall
be
provided
in
writing.
After
receiving
the
12
explanation
from
the
recipient
or
applicant,
the
13
department
may
request
additional
documentation
if
14
the
department
determines
there
is
a
risk
of
fraud,
15
misrepresentation,
or
inadequate
documentation.
16
d.
If
the
applicant
or
recipient
does
not
respond
17
to
the
notice,
the
department
shall
deny
or
discontinue
18
assistance
for
failure
to
cooperate,
in
which
case
the
19
department
shall
provide
notice
of
intent
to
deny
or
20
discontinue
assistance
to
the
applicant
or
recipient.
21
Eligibility
for
assistance
shall
not
be
established
or
22
reestablished
until
the
discrepancy
or
change
has
been
23
resolved.
24
e.
If
an
applicant
or
recipient
responds
to
the
25
notice
and
disagrees
with
the
findings
of
the
match
26
between
the
applicant’s
or
recipient’s
identity
27
information
and
one
or
more
databases
or
information
28
tools
utilized
under
this
division
of
this
Act,
the
29
department
shall
reinvestigate
the
matter.
If
the
30
department
finds
that
there
has
been
an
error,
the
31
department
shall
take
immediate
action
to
correct
32
the
error
and
no
further
action
shall
be
taken.
If,
33
after
the
reinvestigation,
the
department
determines
34
that
there
has
not
been
an
error,
the
department
shall
35
determine
the
effect
on
the
applicant’s
or
recipient’s
36
case
and
take
appropriate
action.
Written
notice
of
37
the
respective
department
action
shall
be
provided
to
38
the
applicant
or
recipient.
39
f.
If
the
applicant
or
recipient
agrees
with
40
the
findings
of
the
match
between
the
applicant’s
41
or
recipient’s
identity
information
and
one
or
more
42
databases
or
information
tools
utilized
under
this
43
division
of
this
Act,
the
department
shall
determine
44
the
effect
on
the
applicant’s
or
recipient’s
case
45
and
take
appropriate
action.
Written
notice
of
the
46
department’s
action
shall
be
provided
to
the
applicant
47
or
recipient.
The
department
shall
not
discontinue
48
assistance
upon
finding
a
discrepancy
or
change
49
in
circumstances
between
an
individual’s
identity
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information
and
one
or
more
databases
or
information
1
tools
utilized
under
this
division
of
this
Act
until
2
the
applicant
or
recipient
has
been
provided
notice
3
of
the
discrepancy
or
change
and
the
opportunity
to
4
respond
as
required
under
this
division
of
this
Act.
5
11.
a.
Under
the
system
implemented
pursuant
to
6
this
division
of
this
Act,
after
reviewing
changes
or
7
discrepancies
that
may
affect
program
eligibility,
the
8
department
shall
refer
suspected
cases
of
fraud
to
the
9
department
of
inspections
and
appeals,
the
office
of
10
the
attorney
general,
or
other
entity
responsible
for
11
prosecuting
eligibility
fraud
relating
to
the
programs
12
under
the
purview
of
the
department
for
investigation
13
and
possible
criminal
prosecution,
recovery
of
improper
14
payments,
and
collection
of
civil
penalties.
15
b.
After
reviewing
changes
and
discrepancies
that
16
may
affect
program
eligibility,
the
department
shall
17
refer
suspected
cases
of
identity
fraud
to
the
office
18
of
the
attorney
general
or
other
entity
responsible
for
19
prosecuting
identity
theft
for
criminal
prosecution.
20
c.
In
cases
of
fraud
substantiated
by
the
21
department,
upon
conviction,
the
state
shall
review
all
22
legal
options
to
remove
the
recipient
from
other
public
23
programs
and
garnish
wages
or
state
income
tax
refunds
24
until
the
state
recovers
an
equal
amount
of
benefits
25
fraudulently
received.
26
d.
After
reviewing
changes
or
discrepancies
that
27
may
affect
program
eligibility,
the
department
shall
28
refer
suspected
cases
of
fraud,
misrepresentation,
or
29
inadequate
documentation
to
appropriate
entities
for
30
review
of
eligibility
discrepancies
in
other
public
31
programs.
Such
referral
includes
cases
in
which
an
32
individual
is
determined
to
be
ineligible
for
the
33
original
program.
34
Sec.
___.
REPORTING.
Beginning
July
1,
2016,
and
35
quarterly
thereafter,
the
department
shall
provide
a
36
written
report
to
the
governor,
the
general
assembly,
37
and
the
department
of
management
detailing
the
38
effectiveness
and
general
findings
of
the
eligibility
39
verification
system
implemented
pursuant
to
this
40
division
of
this
Act,
including
the
number
of
cases
41
reviewed,
the
number
of
case
closures,
the
number
42
of
referrals
for
criminal
prosecution,
recovery
of
43
improper
payment,
collection
of
civil
penalties,
44
the
outcomes
of
cases
referred
to
the
department
of
45
inspections
and
appeals,
the
office
of
the
attorney
46
general,
or
other
entity
responsible
for
prosecuting
47
eligibility
or
identity
fraud
under
this
division
48
of
this
Act,
and
the
savings
that
have
resulted
from
49
implementation
of
the
system.
50
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Sec.
___.
TRANSPARENCY
IN
THE
MEDICAID
1
PROGRAM.
The
department
shall
electronically
release
2
to
the
public
data
that
includes
but
is
not
limited
to
3
all
of
the
following
for
each
Medicaid
provider:
4
1.
The
provider’s
name
and
office
location.
5
2.
The
provider’s
national
provider
identifier.
6
3.
The
type
of
service
provided,
identified
by
7
healthcare
common
procedure
coding
system
code.
8
4.
Whether
the
service
was
performed
in
a
facility
9
or
office
setting.
10
5.
The
number
of
services
provided,
average
11
submitted
charges,
average
allowed
amount,
average
12
Medicaid
payment,
and
a
count
of
unique
Medicaid
13
beneficiaries
treated.
14
Sec.
___.
ADOPTION
OF
RULES.
The
department
shall
15
adopt
rules
pursuant
to
chapter
17A
to
administer
this
16
division
of
this
Act.
17
Sec.
___.
IMPLEMENTATION.
This
division
of
this
18
Act
shall
be
implemented
beginning
January
1,
2016.
>
19
2.
By
renumbering
as
necessary.
20
______________________________
BILL
ANDERSON
______________________________
JERRY
BEHN
______________________________
RICK
BERTRAND
______________________________
MICHAEL
BREITBACH
______________________________
JAKE
CHAPMAN
______________________________
MARK
CHELGREN
______________________________
MARK
COSTELLO
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#2.
______________________________
BILL
DIX
______________________________
RANDY
FEENSTRA
______________________________
JULIAN
GARRETT
______________________________
DENNIS
GUTH
______________________________
DAVID
JOHNSON
______________________________
TIM
L.
KAPUCIAN
______________________________
KEN
ROZENBOOM
______________________________
CHARLES
SCHNEIDER
______________________________
JASON
SCHULTZ
______________________________
MARK
SEGEBART
______________________________
TOM
SHIPLEY
______________________________
AMY
SINCLAIR
______________________________
ROBY
SMITH
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______________________________
JACK
WHITVER
______________________________
BRAD
ZAUN
______________________________
DAN
ZUMBACH
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9