12/06/2023 14:471035:3E4D811D-9AB4-4163-B412-645A1459500A32239PUBLIC ASSISTANCE PROGRAM REQUIREMENTS239.1Definitions.As used in this chapter, unless the context otherwise requires:1“Applicant” means an individual who is applying for public assistance benefits in the state.2“Asset” for the purposes of the asset test for the supplemental nutrition assistance program under section 239.4 means all of the following resources countable toward the maximum allowed household asset limit of fifteen thousand dollars:aAll liquid resources.bAll other personal property excluding one vehicle and the fair market value in excess of ten thousand dollars of an additional vehicle.3“Asset test” for the purposes of the asset test for the supplemental nutrition assistance program under section 239.4 means the comparison of the collective value of all countable assets of the members of the applicant’s household to the maximum allowed household asset limit of fifteen thousand dollars.4“Department” means the department of health and human services.5“Public assistance” means the supplemental nutrition assistance program or SNAP, the Medicaid program or Medicaid as defined in section 249A.2, the family investment program or FIP as defined in section 239B.1, and the children’s health insurance program or CHIP.6“Real-time eligibility system” means real-time electronic access to a system that allows verification of all applicable public assistance program eligibility information based on the most recent information available to the department through nonmodeled earned and unearned income, such as commercially available wage data.7“Recipient” means an individual who is receiving public assistance benefits in the state.8“Supplemental nutrition assistance program” or “SNAP” means benefits provided by the federal program administered through 7 C.F.R. pts. 270 283, as amended.2023 Acts, ch 104, §1; 2023 Acts, ch 112, §57239.2Supplemental nutrition assistance program income eligibility.The department shall establish the gross countable monthly income threshold for the supplemental nutrition assistance program at less than or equal to one hundred sixty percent of the federal poverty level for the household size.2023 Acts, ch 104, §2239.3Identity authentication.Unless otherwise prohibited by federal law or regulation, prior to the department awarding public assistance benefits, an applicant shall complete a computerized identity authentication process to confirm the identity of the applicant. Identity authentication shall be accomplished through a knowledge-based questionnaire consisting of financial and personal questions. The questionnaire shall contain questions tailored to assist persons without a bank account or those who have poor access to financial and banking services or who do not have an established credit history. The computerized identity authentication process and questionnaire may be completed and submitted online, in person, or via telephone by the applicant or a person authorized by the applicant. The department may adopt rules pursuant to chapter 17A to administer this section.2023 Acts, ch 104, §3239.4Asset test for supplemental nutrition assistance program.1For the purposes of determining eligibility for receipt of SNAP benefits, the department shall conduct an asset test on all members of the applicant’s household. The allowable financial resources to be included in or excluded from a determination of eligibility for SNAP shall be those specified in 7 U.S.C. §2014(g), to the extent consistent with the term “asset” as defined in this chapter.2Prior to determining eligibility for SNAP benefits, the department shall access, at a minimum, for every member of the applicant’s household, the following information from the following federal, state, and miscellaneous sources, or successor sources:aFederal sources and information:1Earned and unearned income information maintained by the internal revenue service.2The following sources and information maintained by the United States social security administration:aEarned income information.bDeath register information.cPrisoner or incarceration status information.dSupplemental security income information maintained in the state data exchange database.eBeneficiary records and earnings information maintained in the beneficiary and earnings data exchange database.fEarnings information maintained in the beneficiary earnings exchange record system database.3The following sources and information maintained by the United States department of health and human services:aIncome and employment information maintained in the national directory of new hires database by the office of child support enforcement of the administration for children and families.bOther federal data sources maintained by the office of child support enforcement of the administration for children and families.bState sources and information:1The department’s sources and information including but not limited to all of the following:aIncome and employment information maintained by child support services.bChild care assistance information maintained by the department.cEnrollment status in other public assistance programs.2The department of workforce development sources and information including all of the following:aEmployment information.bEmployer weekly, monthly, and quarterly reports of income and unemployment insurance payments.cMiscellaneous sources:1Any existing real-time database of persons currently receiving benefits in other states, such as the national accuracy clearinghouse.2Any lottery winner databases maintained by the Iowa lottery.3Any existing real-time eligibility system that includes employment and income information maintained by a consumer reporting agency, as defined by the federal Fair Credit Reporting Act, 15 U.S.C. §1681a, for the purpose of obtaining real-time employment and income information.3Prior to determining eligibility for SNAP benefits, the department shall access information for every member of the applicant’s household from the following public records:aA nationwide public records data source of physical asset ownership. The data source may include but is not limited to real property, automobiles, watercraft, aircraft, and luxury vehicles, or any other vehicle owned by the applicant.bNational and state financial institutions in order to locate undisclosed depository accounts or verify account balances of disclosed accounts.4The department shall enter into a memorandum of understanding with any department, division, bureau, section, unit, or any other subunit of a department to obtain the information specified in this section.5The provisions of this section shall not apply if every member of the applicant’s household receives supplemental security income.2023 Acts, ch 104, §4; 2023 Acts, ch 112, §58239.5Verification and authentication systems public assistance programs.1No later than July 1, 2025, the department shall redesign an existing system; establish a new computerized income, asset, and identity eligibility verification system; or contract with a third-party vendor to provide for identity verification, identity authentication, asset verification, and dual enrollment prevention in order to deter waste, fraud, and abuse in each public assistance program administered by the department. 2The department may contract with a third-party vendor to develop or provide a service for a real-time eligibility system that allows the department to verify or authenticate income, assets, and identity eligibility of applicants and recipients to prevent fraud, misrepresentation, and inadequate documentation when determining eligibility for public assistance programs. The system shall be accessed prior to determining eligibility, periodically between eligibility redeterminations, and during eligibility redeterminations and reviews. The department may also contract with a third-party vendor to provide information to facilitate reviews of recipient eligibility conducted by the department. Specifically, the department may contract with a third-party consumer reporting agency, as defined by the federal Fair Credit Reporting Act, 15 U.S.C. §1681a, for the purpose of obtaining real-time employment and income information.3A contract entered into under this section shall provide, at a minimum, for all of the following:aThe establishment of the annual savings amount from utilization of the system or service, and a provision that the contract may be terminated contingent upon the savings not exceeding the total yearly cost to the state for utilization of the system or service.bThat the contract shall not preclude the department from continuing to conduct additional eligibility verification or authentication processes, to receive, review, or verify additional information related to the eligibility of an individual, or from contracting with a third-party vendor to provide additional eligibility authentication or verification information.4The department shall seek federal approval as necessary to implement and administer this section.2023 Acts, ch 104, §5239.6Public assistance programs applicant and recipient eligibility verification.1All applications for initial public assistance program benefits and all determinations of ongoing recipient eligibility shall be processed through a system as specified in this section. Complete initial applications shall be processed within the minimum period required by federal law. Prior to determining initial eligibility of an applicant for, or ongoing eligibility of a recipient of, public assistance, the department shall access information for every applicant or recipient from the following federal, state, and other sources:aFederal sources and information:1Earned and unearned income information maintained by the internal revenue service.2The following sources and information maintained by the United States social security administration:aEarned income information.bDeath register information.cPrisoner or incarceration status information.dSupplemental security income information maintained in the state data exchange database.eBeneficiary records and earnings information maintained in the beneficiary and earnings data exchange database.fEarnings information maintained in the beneficiary earnings exchange record system database.3The following sources and information maintained by the United States department of health and human services:aIncome and employment information maintained in the national directory of new hires database by the office of child support enforcement of the administration for children and families.bOther federal data sources maintained by the office of child support enforcement of the administration for children and families.4Information maintained by the United States citizenship and immigration services of the United States department of homeland security.5National fleeing felon information maintained by the United States federal bureau of investigation.bState sources and information:1The department’s sources and information including but not limited to all of the following:aIncome and employment information maintained by child support services.bChild care assistance information maintained by the department.cEnrollment status in other public assistance programs.2The department of workforce development sources and information including all of the following:aEmployment information.bEmployer weekly, monthly, and quarterly reports of income and unemployment insurance payments.cOther sources including all of the following:1Any existing real-time database of persons currently receiving benefits in other states, such as the national accuracy clearinghouse.2An available database of persons who currently hold a license, permit, or certificate from any state agency, the cost of which exceeds five hundred dollars.3Wage reporting and similar information maintained by states contiguous to Iowa.4A third-party consumer reporting agency, as defined by the federal Fair Credit Reporting Act, 15 U.S.C. §1681a, for the purpose of obtaining real-time employment and income information.2Prior to determining the initial eligibility of an applicant for, or the ongoing eligibility of a recipient of, public assistance benefits, the department shall access information for every applicant or recipient from, at a minimum, the following public records:aA nationwide public records data source of physical asset ownership. The data source may include but is not limited to real property, automobiles, watercraft, aircraft, and luxury vehicles, or any other vehicle owned by the applicant for or recipient of assistance.bA nationwide public records data source of incarcerated individuals.cA nationwide best address and driver’s license data source to verify that individuals are residents of the state.dA comprehensive public records database from which the department may identify potential identity fraud or identity theft that is capable of closely associating name, social security number, date of birth, phone, and address information.eNational and local financial institutions in order to locate undisclosed depository accounts or verify account balances of disclosed accounts.fOutstanding default or arrest warrant information.3The state may contract with a third-party consumer reporting agency, as defined by the federal Fair Credit Reporting Act, 15 U.S.C. §1681a, for the purpose of obtaining real-time employment and income information under this section.2023 Acts, ch 104, §6239.7Case review of applicant and recipient information.1If the information obtained from a review of an applicant’s or recipient’s information under this chapter does not result in the department finding a discrepancy or change in an individual’s circumstances affecting eligibility, the department shall take no further action.2If the information obtained from a review of the applicant’s or recipient’s information under this chapter results in the department finding a discrepancy or change in the individual’s circumstances affecting eligibility, the department shall respond in accordance with the provisions of sections 239.8 and 239.9.2023 Acts, ch 104, §7239.8Notice and right to be heard.1An applicant for, or recipient of, public assistance shall be provided written notice and the opportunity to explain any issues identified in a review performed under this chapter for initial eligibility or redetermination of eligibility. Unless otherwise prohibited by federal law or regulation, a self-declaration by an applicant or recipient shall not be accepted as verification of categorical and financial eligibility during such review.2The notice provided to the applicant or recipient shall describe in sufficient detail the circumstances of the issue identified, the manner in which the applicant or recipient may respond, and the consequences of failing to respond to the notice or resolve the issue identified. The applicant or recipient shall be provided ten days to respond to the notice. The department may request additional information as necessary to reach a decision.3An applicant or recipient may respond to the notice as follows:aBy disagreeing with the findings of the department. If the applicant or recipient responds in a timely manner and disagrees with the findings of the department, the department shall reevaluate the circumstances to determine if the applicant’s or recipient’s position is valid. If, through reevaluation, the department finds that the department is in error, the department shall take immediate action to correct the error. If, through reevaluation, the department affirms that the applicant’s or recipient’s position is invalid, the department shall determine the effect on the applicant’s or recipient’s eligibility and take appropriate action. Written notice of the department’s determination and the actions taken shall be provided to the applicant or recipient.bBy agreeing with the findings of the department. If the applicant or recipient responds in a timely manner and agrees with the findings of the department, the department shall determine the effect on the applicant’s or recipient’s eligibility and take appropriate action. Written notice of the department’s determination and actions taken shall be provided to the applicant or recipient.4If the applicant or recipient fails to respond to the notice in a timely manner, the department shall provide notice to terminate the applicant’s application or to discontinue the recipient’s enrollment for failure to cooperate, and shall terminate the applicant’s application or discontinue the recipient’s enrollment. The applicant’s or recipient’s eligibility for such public assistance shall not be established or reestablished until the issue has been resolved.2023 Acts, ch 104, §8239.9Referrals for fraud, misrepresentation, or inadequate documentation.1Following a review of an applicant’s or recipient’s eligibility under this chapter, the department may refer cases of suspected fraud along with any supportive information to the department of inspections, appeals, and licensing for review.2In cases of substantiated fraud, upon conviction, the state shall review all appropriate legal options including but not limited to removal of a recipient from other public assistance programs and garnishment of wages or state income tax refunds until the department recovers an equal amount of benefits fraudulently claimed.3The department may refer suspected cases of fraud, misrepresentation, or inadequate documentation relating to initial or continued eligibility to appropriate state agencies, divisions, or departments for review of eligibility issues in programs providing public benefits other than those as defined in this chapter.2023 Acts, ch 104, §9; 2023 Acts, ch 112, §59239.10Administration rules reporting.1The department shall adopt rules pursuant to chapter 17A to administer this chapter.2The department shall submit a report to the governor and the general assembly by January 15, 2025, and by January 15 annually thereafter through January 15, 2030, detailing the impact of the verification and authentication measures taken under this chapter. The report shall include data for all affected public assistance programs including the number of cases reviewed, the number of cases closed, the number of fraud investigation referrals made, and the amount of savings and cost avoidance realized from the provisions of this chapter.2023 Acts, ch 104, §10; 2023 Acts, ch 112, §60239.11Public assistance modernization fund.Repealed by 2025 Acts, ch 133, §6.