House
File
2438
-
Introduced
HOUSE
FILE
2438
BY
COMMITTEE
ON
HUMAN
RESOURCES
(SUCCESSOR
TO
HSB
698)
A
BILL
FOR
An
Act
relating
to
public
assistance
program
integrity.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
TLSB
6217HV
(2)
89
pf/rh
H.F.
2438
DIVISION
I
1
AUTHENTICATION
SYSTEM
FOR
PUBLIC
ASSISTANCE
PROGRAMS
2
Section
1.
NEW
SECTION
.
239.1
Definitions.
3
As
used
in
this
chapter,
unless
the
context
otherwise
4
requires:
5
1.
“Applicant”
means
an
individual
who
is
applying
for
6
public
assistance
benefits
in
the
state.
7
2.
“Department”
means
the
department
of
human
services.
8
3.
“Public
assistance”
means
the
food
assistance
program
9
as
defined
in
section
234.1,
the
Medicaid
program
as
defined
10
in
section
249A.1,
the
family
investment
program
as
defined
in
11
section
239B.1,
and
the
children’s
health
insurance
program.
12
Sec.
2.
NEW
SECTION
.
239.2
Identity
authentication
——
13
rules.
14
Unless
otherwise
prohibited
by
federal
law
or
regulation,
15
prior
to
the
department
awarding
public
assistance
benefits,
an
16
applicant
shall
complete
a
computerized
identity
authentication
17
process
to
confirm
the
identity
of
the
applicant.
Identity
18
authentication
shall
be
accomplished
through
a
knowledge-based
19
questionnaire
consisting
of
financial
and
personal
questions.
20
The
questionnaire
shall
contain
questions
tailored
to
assist
21
persons
without
a
bank
account
or
those
who
have
poor
access
22
to
financial
and
banking
services
or
who
do
not
have
an
23
established
credit
history.
The
computerized
identity
24
authentication
process
and
questionnaire
may
be
completed
and
25
submitted
online,
in
person,
or
via
telephone
by
the
applicant
26
or
a
person
authorized
by
the
applicant.
The
department
may
27
adopt
rules
pursuant
to
chapter
17A
to
administer
this
section.
28
Sec.
3.
PROGRAM
REPORT.
The
department
of
human
services
29
shall
submit
a
report
to
the
governor
and
the
general
assembly
30
by
January
15,
2024,
and
by
January
15
annually
thereafter
31
through
January
15,
2029,
detailing
the
impact
of
the
identity
32
authentication
measures
taken
under
this
division
of
this
Act.
33
DIVISION
II
34
FOOD
ASSISTANCE
AND
MEDICAID
PROGRAM
INTEGRITY
AND
COOPERATION
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Sec.
4.
NEW
SECTION
.
234.12B
Ensuring
integrity
in
the
food
1
assistance
program
——
rules.
2
1.
State
records
——
individuals.
The
department
of
3
human
services
shall
receive
and
review
all
of
the
following
4
information
concerning
individuals
enrolled
in
the
food
5
assistance
program
that
indicates
a
change
in
circumstances
6
that
may
affect
eligibility:
7
a.
Death
records.
On
at
least
a
monthly
basis,
information
8
from
the
department
of
public
health
including
but
not
limited
9
to
death
records.
10
b.
Employment
information.
On
at
least
a
quarterly
basis,
11
information
from
the
department
of
workforce
development
12
including
but
not
limited
to
changes
in
employment
or
wages.
13
c.
Residency
information.
On
at
least
a
monthly
basis,
14
information
including
but
not
limited
to
potential
changes
in
15
residency
as
identified
by
out-of-state
electronic
benefit
16
transfer
transactions.
17
d.
Incarceration
information.
On
at
least
a
monthly
basis,
18
information
from
the
department
of
corrections.
19
2.
State
records
——
households.
The
department
of
human
20
services
shall
receive
and
review
all
of
the
following
21
information
concerning
individuals
in
households
enrolled
22
in
the
food
assistance
program
that
indicates
a
change
in
23
circumstances
that
may
affect
eligibility:
24
a.
Tax
information.
On
at
least
a
quarterly
basis,
25
information
from
the
department
of
revenue
including
but
not
26
limited
to
potential
changes
in
income,
wages,
or
residency
as
27
identified
by
tax
records.
28
b.
Unemployment
information.
On
at
least
a
semi-monthly
29
basis,
information
from
the
department
of
workforce
development
30
including
but
not
limited
to
potential
changes
in
employment,
31
income,
or
assets.
32
3.
Federal
records
——
households.
The
department
of
human
33
services
shall
cross-check
information
relating
to
individuals
34
in
households
enrolled
in
the
food
assistance
program
with
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federal
databases
including
but
not
limited
to
all
of
the
1
following,
on
at
least
a
monthly
basis:
2
a.
Earned
income
information,
death
register
information,
3
incarceration
records,
supplemental
security
income
4
information,
beneficiary
records,
earnings
information,
and
5
pension
information
maintained
by
the
United
States
social
6
security
administration.
7
b.
Income
and
employment
information
maintained
in
the
8
national
directory
of
new
hires
database
and
child
support
9
enforcement
data
maintained
by
the
United
States
department
of
10
health
and
human
services.
11
c.
Payment
and
earnings
information
maintained
by
the
United
12
States
department
of
housing
and
urban
development.
13
d.
National
fleeing
felon
information
maintained
by
the
14
United
States
federal
bureau
of
investigation.
15
4.
Rules.
The
department
of
human
services
may
adopt
rules
16
pursuant
to
chapter
17A
to
administer
this
section.
17
Sec.
5.
NEW
SECTION
.
234.12C
Cooperation
with
child
support
18
enforcement.
19
An
applicant
for
food
assistance
program
benefits
shall
be
20
required
to
cooperate
with
the
child
support
recovery
unit
as
a
21
condition
of
eligibility
as
specified
in
7
C.F.R.
§273.11(o).
22
Sec.
6.
NEW
SECTION
.
249A.58
Ensuring
integrity
in
the
23
medical
assistance
program
——
recipient
and
applicant
information
24
reviewed
——
rules.
25
1.
State
records
——
recipients.
The
department
shall
26
receive
and
review
all
of
the
following
information
concerning
27
recipients
that
indicates
a
change
in
circumstances
that
may
28
affect
eligibility:
29
a.
Death
records.
On
at
least
a
monthly
basis,
information
30
from
the
department
of
public
health
including
but
not
limited
31
to
death
records.
32
b.
Employment
information.
On
at
least
a
quarterly
basis,
33
information
from
the
department
of
workforce
development
34
including
but
not
limited
to
changes
in
employment
or
wages.
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c.
Residency
information.
On
at
least
a
monthly
basis,
1
information
including
but
not
limited
to
potential
changes
in
2
residency
as
identified
by
out-of-state
electronic
benefit
3
transfer
transactions.
4
d.
Tax
records.
On
at
least
a
quarterly
basis,
information
5
from
the
department
of
revenue
including
but
not
limited
to
6
potential
changes
in
income,
wages,
or
residency
as
identified
7
by
tax
records.
8
e.
Unemployment
information.
On
at
least
a
semi-monthly
9
basis,
information
from
the
department
of
workforce
development
10
including
but
not
limited
to
potential
changes
in
employment,
11
income,
or
assets.
12
2.
Federal
records
——
recipients.
The
department
shall
13
cross-check
information
relating
to
recipients
with
federal
14
databases
including
but
not
limited
to
all
of
the
following,
on
15
at
least
a
monthly
basis:
16
a.
Earned
income
information,
death
register
information,
17
incarceration
records,
supplemental
security
income
18
information,
beneficiary
records,
earnings
information,
and
19
pension
information
maintained
by
the
United
States
social
20
security
administration.
21
b.
Income
and
employment
information
maintained
by
the
22
national
directory
of
new
hires
database
and
child
support
23
enforcement
data
maintained
by
the
United
States
department
of
24
health
and
human
services.
25
c.
Payment
and
earnings
information
maintained
by
the
United
26
States
department
of
housing
and
urban
development.
27
d.
National
fleeing
felon
information
maintained
by
the
28
United
States
federal
bureau
of
investigation.
29
3.
Real-time
record
review
——
applicants.
Prior
to
30
determining
the
eligibility
of
an
applicant
for
Medicaid,
the
31
department
shall
access
information
for
every
member
of
the
32
applicant’s
household
from
the
data
sources
specified
in
this
33
section
and
shall
conduct
a
review
of
nationwide
public
records
34
data
sources
of
physical
asset
ownership.
The
nationwide
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public
records
data
sources
may
include
but
are
not
limited
to
1
records
of
real
property
and
automobiles,
watercraft,
aircraft,
2
luxury
vehicles,
and
any
other
vehicles
owned
by
the
applicant.
3
4.
Rules.
The
department
may
adopt
rules
pursuant
to
4
chapter
17A
to
administer
this
section.
5
DIVISION
III
6
IOWA
HEALTH
AND
WELLNESS
PLAN
——
REENROLLMENT
7
Sec.
7.
IOWA
HEALTH
AND
WELLNESS
PLAN
——
MEMBER
8
REENROLLMENT
FOLLOWING
TERMINATION
FOR
NONPAYMENT
OF
MONTHLY
9
CONTRIBUTIONS.
The
department
of
human
services
shall
seek
10
approval
of
an
amendment
to
the
section
1115
demonstration
11
waiver
for
the
Iowa
health
and
wellness
plan
from
the
centers
12
for
Medicare
and
Medicaid
services
of
the
United
States
13
department
of
health
and
human
services
to
provide
the
14
following:
15
1.
An
Iowa
health
and
wellness
plan
member
who
is
not
16
otherwise
exempt
from
payment
of
a
monthly
contribution,
who
17
is
subject
to
payment
of
a
monthly
contribution
as
the
result
18
of
failure
to
complete
required
healthy
behaviors,
and
whose
19
eligibility
for
the
program
is
terminated
due
to
nonpayment
20
of
monthly
contributions,
shall
be
allowed
to
subsequently
21
reenroll
in
the
program
without
first
paying
any
outstanding
22
monthly
contributions,
if
the
member
has
not
been
terminated
23
from
the
program
previously
for
nonpayment
of
monthly
24
contributions.
25
2.
Following
an
initial
termination
from
the
Iowa
health
and
26
wellness
program
pursuant
to
subsection
1,
if
an
Iowa
health
27
and
wellness
plan
member
is
subsequently
terminated
from
the
28
program
pursuant
to
subsection
1
for
nonpayment
of
monthly
29
contributions,
the
member
shall
be
subject
to
payment
of
any
30
outstanding
monthly
contributions
accrued
since
the
subsequent
31
termination
not
to
exceed
the
aggregate
annual
copayment
and
32
monthly
contribution
limits
prior
to
reenrollment
in
the
33
program.
34
3.
This
section
shall
not
apply
to
an
Iowa
health
and
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wellness
plan
member
who
is
deemed
to
be
in
substantial
1
compliance
with
the
healthy
behaviors
requirement
to
complete
a
2
wellness
examination
by
providing
proof
of
a
scheduled
wellness
3
examination
appointment,
if
the
appointment
is
scheduled
4
no
later
than
ninety
days
beyond
the
end
of
the
applicable
5
enrollment
period.
6
DIVISION
IV
7
IMPLEMENTATION
PROVISIONS
8
Sec.
8.
IMPLEMENTATION
PROVISIONS.
9
1.
The
department
of
human
services
shall
request
federal
10
approval
including
for
any
state
plan
amendment
or
waiver
11
necessary
to
administer
this
Act.
12
2.
If
the
department
of
human
services
determines
that
any
13
provision
of
this
Act
would
result
in
the
denial
of
funds
or
14
services
from
the
federal
government
that
would
otherwise
be
15
available
or
would
be
inconsistent
with
the
requirements
of
16
federal
law
or
regulation,
such
provision
shall
be
suspended,
17
but
only
to
the
extent
necessary
to
eliminate
the
inconsistency
18
with
federal
requirements.
19
3.
The
department
of
human
services
shall
implement
the
20
provisions
of
this
Act
in
an
incremental
fashion,
beginning
21
July
1,
2022,
with
a
goal
of
full
implementation
no
later
22
than
June
30,
2024,
to
minimize
duplication
of
efforts
and
to
23
maximize
coordination
with
the
implementation
time
frames
of
24
other
departmental
resource
enhancements.
25
EXPLANATION
26
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
27
the
explanation’s
substance
by
the
members
of
the
general
assembly.
28
This
bill
relates
to
various
public
assistance
programs
29
and
includes
provisions
regarding
authentication
of
public
30
assistance
program
applicant
identity,
integrity
in
and
31
cooperation
between
certain
programs,
and
reenrollment
32
following
member
termination
from
the
Iowa
health
and
wellness
33
plan.
34
DIVISION
I.
The
division
requires
that
prior
to
the
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department
of
human
services
(DHS)
awarding
public
assistance
1
benefits
to
an
applicant,
the
applicant
shall
complete
a
2
computerized
identity
authentication
process
to
confirm
the
3
identity
of
the
applicant
through
the
use
of
a
knowledge-based
4
questionnaire
consisting
of
financial
and
personal
questions
5
tailored
to
assist
persons
without
a
bank
account
or
those
6
who
have
poor
access
to
financial
and
banking
services
or
7
who
do
not
have
an
established
credit
history.
The
identity
8
authentication
process
and
questionnaire
may
be
submitted
9
online,
in
person,
or
via
telephone
by
the
applicant
or
a
10
person
authorized
by
the
applicant.
The
bill
authorizes
DHS
to
11
adopt
administrative
rules
to
administer
the
bill
and
requires
12
DHS
to
submit
an
annual
report
to
the
governor
and
the
general
13
assembly
to
assess
the
impact
of
the
bill.
14
DIVISION
II.
The
division
relates
to
food
assistance
15
program
and
Medicaid
program
integrity
by
requiring
DHS
16
to,
within
specified
time
frames,
receive
and
review
state
17
and
federal
information
from
various
entities
concerning
18
individuals
or
individuals
in
households
enrolled
in
the
food
19
assistance
program
or
the
Medicaid
program
that
indicates
20
a
change
in
circumstances
that
may
affect
eligibility.
21
The
information
relates
to
death,
employment,
residency,
22
incarceration,
tax,
and
unemployment
information
and
involves
23
the
provision
of
such
information
to
DHS
by
the
departments
of
24
public
health,
workforce
development,
corrections,
and
revenue,
25
and
information
identified
by
out-of-state
electronic
benefit
26
transfer
transactions.
Additionally,
the
bill
requires
DHS
to,
27
on
at
least
a
monthly
basis,
cross-check
information
relating
28
to
individuals
in
households
enrolled
in
the
food
assistance
29
program
or
the
Medicaid
program,
as
applicable,
with
specified
30
federal
databases
maintained
by
the
United
States
social
31
security
administration,
the
United
States
department
of
health
32
and
human
services,
the
United
States
department
of
housing
33
and
urban
development,
and
the
United
States
federal
bureau
34
of
investigation.
With
regard
to
the
Medicaid
program
only,
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the
bill
also
requires
that
prior
to
determining
eligibility
1
for
the
Medicaid
program,
DHS
shall
access
information
for
2
every
member
of
an
applicant’s
household
from
the
data
sources
3
outlined
in
the
bill
and
conduct
a
review
of
nationwide
4
public
records
data
sources
of
physical
asset
ownership.
The
5
data
sources
may
include
but
are
not
limited
to
records
of
6
real
property
and
automobiles,
watercraft,
aircraft,
luxury
7
vehicles,
and
any
other
vehicles
owned
by
the
applicant.
The
8
bill
also
requires
an
applicant
for
food
assistance
program
9
benefits
to
cooperate
with
the
child
support
recovery
unit
as
a
10
condition
of
eligibility
as
specified
under
federal
law.
11
DIVISION
III.
The
division
requires
DHS
to
seek
approval
12
of
an
amendment
to
the
section
1115
demonstration
waiver
for
13
the
Iowa
health
and
wellness
plan
from
the
centers
for
Medicare
14
and
Medicaid
services
of
the
United
States
department
of
15
health
and
human
services
to
provide
both
of
the
following:
16
(1)
that
an
Iowa
health
and
wellness
plan
member
who
is
not
17
otherwise
exempt
from
payment
of
a
monthly
contribution,
who
18
is
subject
to
payment
of
a
monthly
contribution
as
the
result
19
of
failure
to
complete
required
healthy
behaviors,
and
whose
20
eligibility
for
the
program
is
terminated
due
to
nonpayment
of
21
monthly
contributions
shall
be
allowed
to
subsequently
reenroll
22
in
the
program
without
first
paying
any
outstanding
monthly
23
contributions,
if
the
member
has
not
been
terminated
from
the
24
program
previously
for
nonpayment
of
monthly
contributions,
and
25
(2)
following
an
initial
termination
from
the
Iowa
health
and
26
wellness
program,
if
an
Iowa
health
and
wellness
plan
member
27
is
subsequently
terminated
from
the
program
for
nonpayment
of
28
monthly
contributions,
the
member
shall
be
subject
to
payment
29
of
any
outstanding
monthly
contributions
accrued
since
the
30
subsequent
termination
and
not
to
exceed
program
limits
prior
31
to
reenrollment
in
the
program.
32
The
bill
does
not
apply
to
an
Iowa
health
and
wellness
plan
33
member
who
is
deemed
to
be
in
substantial
compliance
with
the
34
requirement
to
complete
a
wellness
examination
by
providing
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proof
of
a
scheduled
examination
appointment
if
the
appointment
1
is
scheduled
no
later
than
90
days
beyond
the
end
of
the
2
applicable
enrollment
period.
3
DIVISION
IV.
The
division
provides
implementation
4
provisions
for
the
bill.
The
bill
requires
DHS
to
request
5
federal
approval
including
for
any
state
plan
amendment
or
6
waiver
necessary
to
administer
the
bill.
If
DHS
determines
7
that
any
provision
of
the
bill
would
result
in
the
denial
8
of
funds
or
services
from
the
federal
government
that
would
9
otherwise
be
available
or
would
be
inconsistent
with
the
10
requirements
of
federal
law
or
regulation,
such
provision
shall
11
be
suspended,
but
only
to
the
extent
necessary
to
eliminate
the
12
inconsistency
with
federal
requirements.
DHS
shall
implement
13
the
provisions
of
the
bill
in
an
incremental
fashion,
beginning
14
July
1,
2022,
with
a
goal
of
full
implementation
no
later
15
than
June
30,
2024,
to
minimize
duplication
of
efforts
and
to
16
maximize
coordination
with
the
implementation
time
frames
of
17
other
departmental
resource
enhancements.
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