House
Study
Bill
515
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
HUMAN
RESOURCES
BILL
BY
CHAIRPERSON
MEYER)
A
BILL
FOR
An
Act
relating
to
public
assistance
program
case
reviews.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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Section
1.
NEW
SECTION
.
239.1
Definitions.
1
As
used
in
this
chapter,
unless
the
context
otherwise
2
requires:
3
1.
“Applicant”
means
an
individual
who
is
applying
for
4
public
assistance
benefits
in
the
state.
5
2.
“Department”
means
the
department
of
human
services.
6
3.
“Public
assistance”
means
SNAP
(the
supplemental
7
nutrition
assistance
program),
the
Medicaid
program,
FIP
(the
8
family
investment
program),
and
CHIP
(the
children’s
health
9
insurance
program).
10
4.
“Recipient”
means
an
individual
who
is
receiving
public
11
assistance
benefits
in
the
state.
12
Sec.
2.
NEW
SECTION
.
239.2
Case
review
of
public
assistance
13
applicant
and
recipient
information.
14
1.
If
the
information
obtained
from
a
review
of
an
15
applicant’s
or
a
recipient’s
information
under
this
chapter
16
does
not
result
in
the
department
finding
a
discrepancy
or
17
change
in
the
individual’s
circumstances
affecting
eligibility,
18
the
department
shall
take
no
further
action.
19
2.
If
the
information
obtained
from
a
review
of
an
20
applicant’s
or
a
recipient’s
information
under
this
chapter
21
results
in
the
department
finding
a
discrepancy
or
change
in
22
the
individual’s
circumstances
affecting
eligibility,
the
23
department
shall
respond
in
accordance
with
the
provisions
of
24
section
239.3.
25
Sec.
3.
NEW
SECTION
.
239.3
Notice
and
right
to
be
heard.
26
1.
An
applicant
or
a
recipient
shall
be
provided
27
written
notice
and
the
opportunity
to
explain
any
issues
28
identified
in
a
review
performed
pursuant
to
section
239.2
29
for
initial
eligibility
or
redetermination
of
eligibility.
30
Unless
otherwise
prohibited
by
federal
law
or
regulation,
a
31
self-declaration
by
an
applicant
or
a
recipient
shall
not
32
be
accepted
as
verification
of
categorical
and
financial
33
eligibility
during
such
review.
34
2.
The
notice
provided
to
the
applicant
or
recipient
shall
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describe
in
sufficient
detail
the
circumstances
of
the
issue
1
identified,
the
manner
in
which
the
applicant
or
recipient
2
may
respond,
and
the
consequences
of
failing
to
respond
to
3
the
notice
or
resolve
the
issue
identified.
The
applicant
or
4
recipient
shall
be
provided
ten
days
to
respond
to
the
notice.
5
The
department
may
request
additional
information
as
necessary
6
to
reach
a
decision.
7
3.
An
applicant
or
a
recipient
may
respond
to
the
notice
as
8
follows:
9
a.
By
disagreeing
with
the
findings
of
the
department.
If
10
the
applicant
or
recipient
responds
in
a
timely
manner
and
11
disagrees
with
the
findings
of
the
department,
the
department
12
shall
reevaluate
the
circumstances
to
determine
if
the
13
applicant’s
or
recipient’s
position
is
valid.
If,
through
14
reevaluation,
the
department
finds
that
the
department
is
in
15
error,
the
department
shall
take
immediate
action
to
correct
16
the
error.
If,
through
reevaluation,
the
department
affirms
17
that
the
applicant’s
or
recipient’s
position
is
invalid,
the
18
department
shall
determine
the
effect
on
the
applicant’s
or
19
recipient’s
eligibility
and
take
appropriate
action.
Written
20
notice
of
the
department’s
determination
and
the
actions
taken
21
shall
be
provided
to
the
applicant
or
recipient.
22
b.
By
agreeing
with
the
findings
of
the
department.
If
23
the
applicant
or
recipient
responds
in
a
timely
manner
and
24
agrees
with
the
findings
of
the
department,
the
department
25
shall
determine
the
effect
on
the
applicant’s
or
recipient’s
26
eligibility
and
take
appropriate
action.
Written
notice
of
the
27
department’s
determination
and
actions
taken
shall
be
provided
28
to
the
applicant
or
recipient.
29
4.
If
the
applicant
or
recipient
fails
to
respond
to
the
30
notice
in
a
timely
manner,
the
department
shall
provide
notice
31
to
terminate
the
applicant’s
application
or
to
discontinue
32
the
recipient’s
enrollment
for
failure
to
cooperate,
and
33
shall
terminate
the
applicant’s
application
or
discontinue
34
the
recipient’s
enrollment.
The
applicant’s
or
recipient’s
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eligibility
for
such
public
assistance
shall
not
be
established
1
or
reestablished
until
the
issue
has
been
resolved.
2
Sec.
4.
NEW
SECTION
.
239.4
Administration
——
rules
——
3
reporting.
4
1.
The
department
of
human
services
shall
adopt
rules
5
pursuant
to
chapter
17A
to
administer
this
chapter.
6
2.
The
department
shall
submit
a
report
to
the
governor
7
and
the
general
assembly
by
January
15,
2024,
and
by
January
8
15
annually
thereafter
through
January
15,
2029,
detailing
the
9
impact
of
the
case
review
measures
taken
under
this
chapter.
10
Sec.
5.
IMPLEMENTATION.
11
1.
The
department
of
human
services
shall
request
federal
12
approval
including
for
any
state
plan
amendment
or
waiver
13
necessary
to
administer
this
Act.
14
2.
The
provisions
of
this
Act
requiring
federal
approval
15
shall
be
implemented
upon
receipt
of
such
federal
approval.
16
3.
The
provisions
of
this
Act
not
requiring
federal
approval
17
shall
be
implemented
no
later
than
July
1,
2023.
18
4.
The
department
may
contract
with
multiple
third-party
19
vendors
to
administer
this
Act.
20
EXPLANATION
21
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
22
the
explanation’s
substance
by
the
members
of
the
general
assembly.
23
This
bill
provides
that
if
information
obtained
from
a
24
review
by
the
department
of
human
services
(DHS)
of
a
public
25
assistance
applicant’s
or
recipient’s
information
under
the
26
bill
does
not
result
in
DHS
finding
a
discrepancy
or
change
in
27
the
individual’s
circumstances
affecting
eligibility,
DHS
shall
28
take
no
further
action.
29
If
the
information
obtained
from
a
review
of
the
applicant’s
30
or
recipient’s
information
under
the
bill
results
in
DHS
31
finding
a
discrepancy
or
a
change
in
the
individual’s
32
circumstances
affecting
eligibility,
DHS
shall
provide
written
33
notice
to
the
individual
and
the
opportunity
to
explain
any
34
issues
identified.
Unless
otherwise
prohibited
by
federal
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law
or
regulation,
a
self-declaration
by
an
applicant
or
a
1
recipient
shall
not
be
accepted
as
verification
of
categorical
2
and
financial
eligibility
during
such
review.
3
The
notice
provided
to
the
applicant
or
recipient
shall
4
describe
in
sufficient
detail
the
circumstances
of
the
issue
5
identified,
the
manner
in
which
the
applicant
or
recipient
6
may
respond,
and
the
consequences
of
failing
to
respond
to
7
the
notice
or
resolve
the
issue
identified.
The
applicant
or
8
recipient
shall
be
provided
10
days
to
respond
to
the
notice.
9
DHS
may
request
additional
information
as
necessary
to
reach
10
a
decision.
11
The
bill
specifies
the
processes
and
results
dependent
upon
12
whether
an
applicant
or
a
recipient
responds
by
disagreeing
13
or
agreeing
with
the
findings
of
a
review
by
DHS
or
fails
14
to
respond.
If
the
applicant
or
recipient
fails
to
respond
15
to
the
notice
in
a
timely
manner,
DHS
shall
provide
notice
16
to
terminate
the
applicant’s
application
or
to
discontinue
17
the
recipient’s
enrollment
for
failure
to
cooperate,
and
18
shall
terminate
the
applicant’s
application
or
discontinue
19
the
recipient’s
enrollment.
The
applicant’s
or
recipient’s
20
eligibility
for
such
public
assistance
shall
not
be
established
21
or
reestablished
until
the
issue
has
been
resolved.
22
Under
the
bill,
DHS
shall
adopt
administrative
rules
to
23
administer
the
Code
chapter.
DHS
shall
submit
a
report
to
the
24
governor
and
the
general
assembly
by
January
15,
2024,
and
25
by
January
15
annually
thereafter
through
January
15,
2029,
26
detailing
the
impact
of
the
case
review
measures
taken
under
27
the
bill.
28
DHS
shall
request
federal
approval
including
for
any
state
29
plan
amendment
or
waiver
necessary
to
administer
the
bill,
and
30
the
provisions
of
the
bill
requiring
federal
approval
shall
31
be
implemented
upon
receipt
of
such
federal
approval.
The
32
provisions
of
the
bill
that
do
not
require
federal
approval
33
shall
be
implemented
no
later
than
July
1,
2023.
DHS
may
34
contract
with
multiple
third-party
vendors
to
administer
the
35
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_____
bill.
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