House File 2535 HOUSE FILE BY COMMITTEE ON HUMAN RESOURCES (SUCCESSOR TO HSB 153) Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to public assistance benefits received by persons 2 who were not entitled or eligible to receive the benefits, 3 providing criminal and civil penalties, and appropriating 4 certain penalties received. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 6880HV 80 7 rh/pj/5 PAG LIN 1 1 Section 1. NEW SECTION. 10A.404 CIVIL PENALTIES AND 1 2 PAYMENT OF INVESTIGATION COSTS == PRESUMPTION OF LIABILITY == 1 3 LIMITATION OF ACTIONS. 1 4 1. For the purposes of this section, unless the context 1 5 otherwise requires, "benefit" means a service, payment, 1 6 merchandise, or other assistance. In addition to any other 1 7 penalty or payment amount under law, a person is liable for 1 8 the civil penalty and payment of the investigation costs 1 9 listed in subsection 2 if the person receives a benefit to 1 10 which the person was not entitled or for which the person was 1 11 not eligible under any of the following chapters administered 1 12 by the state: 1 13 a. Chapter 234, relating to child and family services. 1 14 b. Chapter 237A, relating to child care. 1 15 c. Chapter 239B, relating to the family investment 1 16 program. 1 17 d. Chapter 249, relating to the state supplementary 1 18 assistance program. 1 19 e. Chapter 249A, relating to the medical assistance 1 20 program. 1 21 2. a. If the person liable under subsection 1 was the 1 22 program benefit recipient of the benefit to which the person 1 23 was not entitled or eligible under any of the chapters listed 1 24 in subsection 1 and the total dollar amount of such benefit 1 25 received was proven to be more than one thousand dollars, the 1 26 person is liable for both of the following amounts: 1 27 (1) A civil penalty of not more than three times the total 1 28 dollar amount of the benefit to which the person was not 1 29 entitled or eligible to receive. 1 30 (2) Not more than five hundred dollars of the costs 1 31 incurred by the department in investigating the matter. 1 32 b. If the person liable under subsection 1 was a provider 1 33 of service, merchandise, or other assistance under any of the 1 34 chapters listed in subsection 1, the person is liable for both 1 35 of the following amounts: 2 1 (1) A civil penalty. If a provider received benefits to 2 2 which the provider was not entitled with a proven dollar 2 3 amount, the civil penalty shall be at least twenty=five 2 4 percent of the amount of benefits to which the provider was 2 5 not entitled. The court ordering payment of this civil 2 6 penalty may order payment of a maximum penalty not to exceed 2 7 three times the proven total dollar amount of benefits to 2 8 which the provider was not entitled. 2 9 (2) Not more than five thousand dollars of the costs 2 10 incurred by the department in investigating the matter. 2 11 3. Liability for the civil penalty and payment of costs of 2 12 investigation under subsections 1 and 2 is separate from and 2 13 cumulative with any other administrative, civil, or criminal 2 14 penalty or payments ordered under federal or state law or 2 15 regulation. Institution of a criminal proceeding is not a 2 16 prerequisite or condition for an action to enforce subsections 2 17 1 and 2. 2 18 4. Liability for the civil penalty and payment of costs of 2 19 investigation under subsections 1 and 2 may be established by 2 20 any of the following means: 2 21 a. Upon a criminal conviction, entry of a guilty plea, or 2 22 entry of a finding of guilt in a state or federal prosecution 2 23 that is directly related to a benefit administered by the 2 24 state under a chapter listed in subsection 1, the sentencing 2 25 court may order payment in accordance with subsections 1 and 2 26 2. However, if the sentencing court fails to order the 2 27 payment, a civil proceeding to enforce payment may be 2 28 instituted in accordance with subsection 5. 2 29 b. Upon entry of a civil judgment or confession of 2 30 judgment in a state or federal court proceeding that is 2 31 directly related to a benefit administered by the state under 2 32 a chapter listed in subsection 1, the court entering judgment 2 33 may order payment in accordance with subsections 1 and 2. 2 34 However, if the court ordering judgment fails to order the 2 35 payment, a civil proceeding to enforce payment may be 3 1 instituted in accordance with subsection 5. 3 2 c. Upon an administrative finding in a state or federal 3 3 proceeding that is directly related to a benefit administered 3 4 by the state under a chapter listed in subsection 1, a civil 3 5 proceeding to enforce payment may be instituted in accordance 3 6 with subsection 5. 3 7 5. A civil proceeding to enforce payment under this 3 8 section shall be instituted in the district court of the 3 9 county in which the person received under a chapter listed in 3 10 subsection 1 a benefit to which the person was not entitled or 3 11 for which the person under rule was not eligible. The office 3 12 of the attorney general or the county attorney may institute 3 13 the civil proceeding, which may commence after or at the same 3 14 time as any related state or federal criminal, civil, or 3 15 administrative proceeding directly related to a benefit under 3 16 a chapter listed in subsection 1 to which the person was not 3 17 entitled or eligible to receive. 3 18 6. A rebuttable presumption arises that a person is liable 3 19 for the civil penalty and payment of costs of investigation 3 20 under subsections 1 and 2. The presumption may only be 3 21 rebutted by clear and convincing evidence that the person was 3 22 properly entitled to or eligible to receive such benefit under 3 23 a chapter listed in subsection 1. The rebuttable presumption 3 24 arises after any of the following occurs in a state or federal 3 25 criminal, civil, or administrative proceeding that is directly 3 26 related to payment or collection of payments received by a 3 27 person for a service or benefit administered by the state 3 28 under a chapter listed in subsection 1: 3 29 a. Entry of a criminal conviction, plea of guilty, or 3 30 finding of guilt. 3 31 b. Entry of a judgment or confession of judgment in a 3 32 civil proceeding. 3 33 c. Entry of an administrative finding adverse to the 3 34 person or establishing the person's liability. 3 35 7. The departments of human services and inspections and 4 1 appeals shall cooperate in adopting rules pursuant to chapter 4 2 17A as necessary for administration, collection, and 4 3 allocation of civil penalties described in subsection 2. The 4 4 department of inspections and appeals shall adopt rules 4 5 pursuant to chapter 17A as necessary for the administration, 4 6 collection, and allocation of costs of investigation described 4 7 in subsection 2. 4 8 8. An action under this section shall not be instituted 4 9 more than five years after the date the state discovered that 4 10 a person received a benefit under a chapter listed in 4 11 subsection 1 to which the person was not entitled or for which 4 12 the person under rule was not eligible. 4 13 9. a. This section shall be applicable in circumstances 4 14 when a person receiving the benefit or a portion thereof to 4 15 which the person was not entitled or eligible for knowingly 4 16 did any of the following: 4 17 (1) Presented, caused to be presented, or acquiesced in 4 18 the presentation of false claims or false information. 4 19 (2) Made or caused to be made, or used false records or 4 20 statements. 4 21 (3) Committed fraud or conspired to commit fraud. 4 22 (4) Failed to provide information or failed to disclose 4 23 material facts, including but not limited to property 4 24 interests and resources. 4 25 b. This section shall not be applicable in circumstances 4 26 when a person, through no fault of their own, receives a 4 27 benefit or a portion thereof to which the person or provider 4 28 was not entitled or eligible for, and when the benefit or a 4 29 portion thereof was the result of error, improper application, 4 30 interpretation, or implementation of the program rules or 4 31 policies specific to the chapter under which the benefits were 4 32 received. 4 33 10. The collection of penalties or investigation costs 4 34 under this section shall not occur until the person assessed 4 35 the penalties or investigation costs has exhausted all appeal 5 1 rights. 5 2 Sec. 2. NEW SECTION. 234.13A CIVIL PENALTIES == PAYMENT 5 3 OF INVESTIGATION COSTS. 5 4 If a person receives under this chapter a service, payment, 5 5 merchandise, or other assistance to which the person was not 5 6 entitled or for which the person was not eligible, the 5 7 person's liability for civil penalties and investigation costs 5 8 shall be determined in accordance with section 10A.404. 5 9 Sec. 3. NEW SECTION. 237A.14 FRAUDULENT PRACTICES == 5 10 RECOVERY OF OVERPAYMENTS. 5 11 1. An individual who receives, or attempts to receive, or 5 12 aids or abets an individual in receiving, by means of a 5 13 willfully false statement or representation, by knowingly 5 14 failing to disclose a material fact, or by impersonation, or 5 15 through any fraudulent device, any assistance, payment, or 5 16 other benefit under this chapter to which the individual is 5 17 not entitled, commits a fraudulent practice. 5 18 2. An individual who commits a fraudulent practice under 5 19 this section is personally liable for the amount of 5 20 assistance, payment, or other benefit fraudulently received. 5 21 The amount of the assistance, payment, or other benefit may be 5 22 recovered from the offender or the offender's estate in an 5 23 action brought or by claim filed in the name of the state and 5 24 the recovered funds are appropriated to the department to be 5 25 used for state child care assistance under section 237A.13. 5 26 The action or claim filed in the name of the state shall not 5 27 be considered an election of remedies to the exclusion of 5 28 other remedies. 5 29 3. The department shall adopt rules pursuant to chapter 5 30 17A as necessary to recover overpayments of assistance, 5 31 payments, and benefits provided under this chapter. The 5 32 recovery methods shall include but are not limited to reducing 5 33 the amount of assistance, payments, or benefits provided. 5 34 Sec. 4. NEW SECTION. 237A.15 CIVIL PENALTIES == PAYMENT 5 35 OF INVESTIGATION COSTS. 6 1 If a person receives under this chapter assistance, 6 2 payment, or other benefit to which the person was not entitled 6 3 or for which the person was not eligible, the person's 6 4 liability for civil penalties and investigation costs shall be 6 5 determined in accordance with section 10A.404. 6 6 Sec. 5. NEW SECTION. 239B.14A CIVIL PENALTIES == PAYMENT 6 7 OF INVESTIGATION COSTS. 6 8 If a person receives under this chapter assistance or 6 9 another benefit to which the person was not entitled or for 6 10 which the person was not eligible, the person's liability for 6 11 civil penalties and investigation costs shall be determined in 6 12 accordance with section 10A.404. 6 13 Sec. 6. NEW SECTION. 249.11A CIVIL PENALTIES == PAYMENT 6 14 OF INVESTIGATION COSTS. 6 15 If a person receives under this chapter payment to which 6 16 the person was not entitled or for which the person was not 6 17 eligible, the person's liability for civil penalties and 6 18 investigation costs shall be determined in accordance with 6 19 section 10A.404. 6 20 Sec. 7. NEW SECTION. 249A.8A CIVIL PENALTIES == PAYMENT 6 21 OF INVESTIGATION COSTS. 6 22 If a person receives under this chapter assistance or 6 23 payment for medical assistance or payment for services or 6 24 merchandise under this chapter to which the person was not 6 25 entitled or for which the person was not eligible, the 6 26 person's liability for civil penalties and investigation costs 6 27 shall be determined in accordance with section 10A.404. 6 28 EXPLANATION 6 29 This bill relates to public assistance benefits received by 6 30 persons who were not entitled or eligible to receive the 6 31 benefits. The bill includes requirements for establishing 6 32 liability for civil penalties and recovery of investigation 6 33 costs from such persons under the following Code chapters: 6 34 chapter 234, relating to child and family services, including 6 35 child welfare services and food programs; chapter 237A, 7 1 relating to child care services; chapter 239B, relating to the 7 2 family investment program; chapter 249, relating to state 7 3 supplementary assistance; and chapter 249A, relating to the 7 4 medical assistance program. 7 5 In new Code section 10A.404, the bill provides authority as 7 6 applicable under each of these chapters to establish liability 7 7 for a person who receives a benefit, defined as a service, 7 8 payment, merchandise, or other assistance to which the person 7 9 was not entitled or for which the person by rule was not 7 10 eligible, in addition to any other penalty or payment under 7 11 law. The liability has two components: a civil penalty and 7 12 the costs of the investigation concerning the matter incurred 7 13 by the department of inspections and appeals. 7 14 The threshold for applying this liability to a recipient is 7 15 whether the recipient received more than $1,000 of benefits to 7 16 which the recipient was not entitled or eligible. The civil 7 17 liability limit for a recipient is three times the value of 7 18 such benefit and the liability for investigation costs is 7 19 limited to $500. If a provider received benefits to which the 7 20 provider was not entitled with a proven dollar amount, the 7 21 civil penalty shall be at least 25 percent of the amount of 7 22 benefits to which the provider was not entitled. 7 23 The liability may be established by a state or federal 7 24 court in a criminal or civil proceeding or pursuant to an 7 25 administrative finding. Otherwise the office of the attorney 7 26 general or county attorney is authorized to initiate the 7 27 proceedings in the county in which the person received the 7 28 benefit. 7 29 If a judgment or finding is issued in a criminal, civil, or 7 30 administrative proceeding that involves benefit programs 7 31 administered by the state, a rebuttable presumption arises 7 32 that the person is liable for the civil penalties and costs of 7 33 investigation. The presumption may be rebutted by showing 7 34 clear and convincing evidence that the person was eligible for 7 35 what was received. 8 1 The departments of human services and inspections and 8 2 appeals are authorized to adopt rules to implement the bill's 8 3 provisions. 8 4 In addition, new Code section 237A.14 establishes a 8 5 fraudulent practice crime involving persons obtaining child 8 6 care assistance, payments, or benefits. The state is 8 7 authorized to recover moneys to compensate for the 8 8 fraudulently obtained assistance, payment, or benefit, and 8 9 recovered moneys are appropriated to the department of human 8 10 services for the state child care assistance program. 8 11 LSB 6880HV 80 8 12 rh/pj/5