reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 441 - Human Services Department › Title III - Mental Health › Chapter 36 - Facility Assessments › Rule 441-36.10 - Application of Assessment

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Participating hospitals.
For the purpose of the health care
				access assessment program, a "participating hospital" is defined as a
				non-state-owned hospital licensed under Iowa Code chapter 135B that is paid on
				a prospective payment system basis by Medicare and the medical assistance
				programs for inpatient and outpatient services.
(2)
Assessment.
Participating hospitals are required to pay a quarterly health care access
				assessment equal to 1.26 percent of net patient revenue as specified in the
				hospital's fiscal year 2008 Medicare cost report. "Net patient revenue" means
				all revenue reported for acute patient care and services but does not include:
a. Contractual adjustments,
b. Charity care,
c. Bad debt,
d. Medicare revenue, or
e. Other revenue derived from sources other
				than hospital operations including but not limited to:
(1) Nonoperating revenue,
(2) Other operating revenue,
(3) Skilled nursing facility
				revenue,
(4) Physician revenue,
				and
(5) Long-term care
				revenue.
Iowa Administrative Code › Agency 441 - Human Services Department › Title III - Mental Health › Chapter 36 - Facility Assessments › Rule 441-36.11 - Determination and Payment of Assessment

Current through Register Vol. 47, No. 3, July 24, 2024
The assessment shall be determined and paid as
				  follows:
(1) The department shall
				calculate the annual amount of the health care access assessment as 1.26
				percent of net patient revenue as specified in the participating hospital's
				fiscal year 2008 Medicare cost report. The annual amount shall be divided by
				four to calculate the quarterly amount.
(2) Each participating hospital shall pay the
				health care access assessment to the department on a quarterly basis. The
				hospital shall submit the quarterly assessment payment no later than 30 days
				following the end of each calendar quarter.
(3) A participating hospital shall retain and
				preserve the Medicare cost report and financial statements used to prepare the
				cost report for a period of three years.
(4) If the department determines that a
				participating hospital has underpaid or overpaid the health care access
				assessment, the department shall notify the hospital of the amount of the
				unpaid health care access assessment or refund due. Such amount shall be due or
				refunded within 30 days of the issuance of the notice.
(5) A participating hospital that fails to
				pay the health care access assessment within the time frame specified in
				subrule 36.11(2) shall pay a penalty in the amount of 1.5 percent of the health
				care access assessment amount owed for each month or portion of a month that
				the payment is overdue.
a. If the department
				determines that good cause is shown for failure to comply with payment of the
				health care access assessment, the department shall waive the penalty or a
				portion of the penalty.
b. Requests
				for a good cause waiver must be submitted to Iowa Medicaid, Provider Cost Audit
				and Rate Setting Unit, 1305 East Walnut Street, Des Moines, Iowa 50319-0114,
				within 30 days of notice to the facility that the penalty is due.
Iowa Administrative Code › Agency 441 - Human Services Department › Title III - Mental Health › Chapter 36 - Facility Assessments › Rule 441-36.12 - Termination of Health Care Access Assessment

Current through Register Vol. 47, No. 3, July 24, 2024
If the federal government fully funds Iowa's medical
				  assistance program, if federal law changes to negatively impact the assessment
				  program as determined by the department, or if a federal audit determines the
				  assessment program is invalid, the assessment shall terminate on the date the
				  federal statutory, regulatory, or interpretive change takes
				  effect.
Iowa Administrative Code › Agency 441 - Human Services Department › Title III - Mental Health › Chapter 38 - Developmental Disabilities Basic State Grant › Rule 441-38.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Department"
means the Iowa department of
				  human services.
"Developmental disability"
means a severe,
				  chronic disability of a person which is attributed to a mental or physical
				  impairment or a combination of mental and physical impairments; is manifested
				  before the person attains the age of 22; is likely to continue indefinitely;
				  substantially limits the person's ability to carry out major life activities in
				  at least three of the areas of self-care, receptive and expressive language,
				  learning, mobility, self-direction, capacity for independent living and
				  economic self-sufficiency; and reflects an ongoing need for individualized,
				  coordinated services. The term, when applied to infants and children from birth
				  to the age of nine, means a substantial developmental delay or specific
				  congenital or acquired conditions with a high probability of resulting in
				  developmental disabilities if services are not provided.
"Director"
means the director of the
				  department or successor agency.
"Iowa DD council"
means the Iowa
				  developmental disabilities council.
"Projects"
means activities described in the
				  Iowa DD council's five-year plan that are designed to address the purpose and
				  priorities established by the DD Act to undertake advocacy, capacity-building,
				  and systemic-change activities that contribute to a coordinated, person- and
				  family-centered, and individual- and family-directed comprehensive system of
				  community services, individualized supports, and other forms of assistance that
				  promote self-determination for individuals with developmental disabilities and
				  their families.
"State plan"
means the document required
				  under the DD Act describing goals, objectives and funding
				  priorities.
Iowa Administrative Code › Agency 441 - Human Services Department › Title III - Mental Health › Chapter 38 - Developmental Disabilities Basic State Grant › Rule 441-38.2 - Program Eligibility

Current through Register Vol. 47, No. 3, July 24, 2024
For any year in which Congress appropriates funds, the Iowa
				  DD council shall, consistent with the state plan and the priorities established
				  under the DD Act, determine projects to fund under the developmental
				  disabilities basic state grant program. Funding priorities will be established
				  by the Iowa DD council in the state plan and will be consistent with the
				  priorities established in the DD Act. (Applications for capital expenditures or
				  capital renovations are not eligible for funding.) The Iowa DD council may
				  award funding through any of the department-approved processes for competitive,
				  sole source, or unsolicited proposals in accordance with the provisions of
				  11-Chapter 117 for the procurement of goods and services of general
				  use.
Iowa Administrative Code › Agency 441 - Human Services Department › Title III - Mental Health › Chapter 38 - Developmental Disabilities Basic State Grant › Rule 441-38.3 - Contracts

Current through Register Vol. 47, No. 3, July 24, 2024
The Iowa DD council may award funding through any of the
				  department-approved processes for competitive or noncompetitive procurements in
				  accordance with the provisions of 11-Chapter 117 for the procurement of goods
				  and services of general use and 11-Chapter 118 for purchasing standards for
				  service contracts.
Iowa Administrative Code › Agency 441 - Human Services Department › Title III - Mental Health › Chapter 38 - Developmental Disabilities Basic State Grant › Rule 441-38.4 - Conflict of Interest Policy

Current through Register Vol. 47, No. 3, July 24, 2024
All Iowa DD council members and those serving in an advisory
				  capacity to the Iowa DD council as described in Iowa Code section
				  225C.5
				  shall not engage in activities that present a conflict of interest.
(1) Iowa DD council members and those serving
				in an advisory role to the Iowa DD council are prohibited from applying for any
				project when they were involved in recommending the project or designing or
				developing the request for proposal.
(2) All Iowa DD council members and those
				serving in an advisory capacity to the Iowa DD council who serve or whose
				family members serve as officers, directors, partners, consultants, or
				employees of the applicant being evaluated shall be excluded from preliminary
				review of proposals, discussing with Iowa DD council members who will be
				voting, and advising or voting on the evaluation of that applicant and all
				other applicants submitting proposals in that category.
Iowa Administrative Code › Agency 441 - Human Services Department › Title III - Mental Health › Chapter 38 - Developmental Disabilities Basic State Grant › Rule 441-38.12 - Conflict of Interest Policy

Current through Register Vol. 47, No. 3, July 24, 2024
All governor's DD council members and those serving in an
				  advisory capacity to the governor's DD council as defined in
				  441-1.7
				  (8)
"c"(2)
shall not engage in activities that present a
				  conflict of interest.
(1) Governor's
				DD council members and those serving in an advisory role to the governor's DD
				council are prohibited from applying for any project when they were involved in
				recommending the project, or designing or developing the request for
				proposal.
(2) All governor's DD
				council members and those serving in an advisory capacity to the governor's DD
				council who serve or whose family members serve as officers, directors,
				partners, consultants, or employees of the applicant being evaluated shall be
				excluded from preliminary review of proposals, discussing with governor's DD
				council members who will be voting, and advising or voting on the evaluation of
				that applicant and all other applicants submitting proposals in that
				category.
Iowa Administrative Code › Agency 441 - Human Services Department › Title IV - Family Investment Program › Chapter 40 - Application for Aid › Rule 441-40.23 - Date of Application

Current through Register Vol. 47, No. 3, July 24, 2024
The date of application is the date an identifiable Food and
				  Financial Support Application, Form 470-0462 or Form 470-0462(S), is received
				  by the department. When an application is delivered to a closed office, it will
				  be considered received on the first day that is not a weekend or state holiday
				  following the day that the office was last open.
(1) The date of application is also the date
				an identifiable application is received by a designated worker who is in any
				disproportionate share hospital, federally qualified health center or other
				facility in which outstationing activities are provided. The hospital, health
				center or other facility will forward the application to the department office
				that is responsible for the completion of the eligibility
				determination.
(2) An identifiable
				application is an application containing a legible name and address that has
				been signed.
(3) A new application
				is not required when adding a person to an existing eligible group. This person
				is considered to be included in the application that established the existing
				eligible group. However, in these instances, the date of application to add a
				person is the date the change is reported. When it is reported that a person is
				anticipated to enter the home, the date of application to add the person shall
				be the date of the report.
a. In those
				instances where a person previously excluded from the eligible group as
				described at 441-subrule 41.27(11) is to be added to the eligible group, the
				date of application to add the person is the date the person indicated
				willingness to cooperate.
b.
				EXCEPTIONS:
(1) When adding a person who was
				previously excluded from the eligible group for failing to comply with
				441-subrule 41.22(13), the date of application to add the person is the date
				the social security number or proof of application for a social security number
				is provided.
(2) When adding a
				person who was previously excluded from the eligible group as described at
				441-subrule 41.23(5) or 41.25(5) or rule
				441-46.29 (239B), the date of
				application to add the person is the first day after the period of
				ineligibility has ended.
(3) When
				adding a person who was previously excluded from the eligible group as
				described at 441-subrule 41.24(8), the date of application to add the person is
				the date the person signs a family investment agreement.
Iowa Administrative Code › Agency 441 - Human Services Department › Title IV - Family Investment Program › Chapter 40 - Application for Aid › Rule 441-40.24 - Procedure With Application

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The decision
				with respect to eligibility shall be based primarily on information furnished
				by the applicant.
a. The applicant shall
				report no later than at the time of the interview any change as defined at
				40.27(4)
"e"
that occurs after the application was signed. Any
				change that occurs after the interview shall be reported by the applicant
				within five days from the date the change occurred.
b. The department shall notify the applicant
				in writing of additional information or verification that is required to
				establish eligibility for assistance. Failure of the applicant to supply the
				information or verification requested or to request assistance and authorize
				the department to secure the requested information or verification from other
				sources shall serve as a basis for denial of assistance. Signing a general
				authorization for release of information to the department does not meet this
				responsibility.
(1) Five working days shall be
				considered as a reasonable period for the applicant to supply the required
				information or verification. The department shall extend the deadline when the
				applicant requests an extension because the applicant is making every effort to
				supply the information or verification but is unable to do so.
(2) "Supply" shall mean the requested
				information is received by the department by the specified due date. Any time
				taken beyond the required time frame shall be considered a delay on the part of
				the applicant.
c. When an
				individual is added to an existing eligible group, the five-day requirement for
				reporting changes shall be waived. These individuals and eligible groups shall
				be subject to the recipient's ten-day reporting requirement as defined in
				40.27(4).
Iowa Administrative Code › Agency 441 - Human Services Department › Title IV - Family Investment Program › Chapter 40 - Application for Aid › Rule 441-40.25 - Time Limit for Decision

Current through Register Vol. 47, No. 3, July 24, 2024
A determination of approval or denial shall be made as soon
				  as possible, but no later than 30 days following the date of filing an
				  application. A written notice of decision shall be issued to the applicant the
				  next working day following a determination of eligibility or ineligibility.
				  This time standard shall apply except in unusual circumstances, such as when
				  the department and the applicant have made every reasonable effort to secure
				  necessary information which has not been supplied by the date the time limit
				  expired; or because of emergency situations, such as fire, flood or other
				  conditions beyond the administrative control of the department. When
				  eligibility is dependent upon the birth of a child, the time limit may be
				  extended while awaiting the birth of the child. When it becomes evident that
				  due to an error on the part of the department, eligibility will not be
				  established within the 30-day limit, the application shall be approved pending
				  a determination of eligibility.
This rule is intended to implement Iowa Code sections
				  239B.3,
				  239B.4,
				  239B.5
				  and
				  239B.6.
Iowa Administrative Code › Agency 441 - Human Services Department › Title IV - Family Investment Program › Chapter 40 - Application for Aid › Rule 441-40.26 - Effective Date of Grant

Current through Register Vol. 47, No. 3, July 24, 2024
New approvals shall be effective as of the date the applicant
				  becomes eligible for assistance, but in no case shall the effective date be
				  earlier than seven days following the date of application. When an individual
				  is added to an existing eligible group, the individual shall be added effective
				  as of the date the individual becomes eligible for assistance, but in no case
				  shall the effective date be earlier than seven days following the date the
				  change is reported. When it is reported that a person is anticipated to enter
				  the home, the effective date of assistance shall be no earlier than the date of
				  entry or seven days following the date of report, whichever is later.
When the change is timely reported as described at subrule
				  40.27(4), a payment adjustment shall be made when indicated. When the
				  individual's presence is not timely reported as described at subrule 40.27(4),
				  excess assistance issued is subject to recovery.
In those instances where a person previously excluded from
				  the eligible group as described at 441-subrule 41.27(11) is to be added to the
				  eligible group, the effective date of eligibility shall be seven days following
				  the date the person indicated willingness to cooperate. However, in no instance
				  shall the person be added until cooperation has actually occurred.
EXCEPTIONS: When adding a person who was previously excluded
				  from the eligible group for failing to comply with 441-subrule 41.22(13), the
				  effective date of eligibility shall be seven days following the date that the
				  social security number or proof of application for a social security number is
				  provided.
When adding a person who was previously excluded from the
				  eligible group as described at 441-subrules 41.23(5) and 41.25(5) and rule
				  441-46.29 (239B), the effective
				  date of eligibility shall be seven days following the date that the period of
				  ineligibility ended.
When adding a person who was previously excluded from the
				  eligible group as described at 441-subrule 41.24(8), the effective date of
				  eligibility shall be seven days following the date the person signs a family
				  investment agreement or the date the person is otherwise eligible, whichever is
				  later. In no case shall the effective date be within the six-month
				  ineligibility period of a subsequent limited benefit plan as described at
				  441-paragraph 41.24(8)
"a."
This rule is intended to implement Iowa Code section
				  239B.3.
Iowa Administrative Code › Agency 441 - Human Services Department › Title IV - Family Investment Program › Chapter 40 - Application for Aid › Rule 441-40.27 - Continuing Eligibility

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Eligibility
				factors shall be reviewed at least every six months for the family investment
				program. An interview may be conducted at the time of a review.
(2) A redetermination of specific eligibility
				factors shall be made when:
a. The recipient
				reports a change in circumstances (for example, a change in income, as defined
				at rule 441-40.21 (239B)), or
b. A change in the recipient's circumstances
				comes to the attention of a staff member.
Iowa Administrative Code › Agency 441 - Human Services Department › Title IV - Family Investment Program › Chapter 40 - Application for Aid › Rule 441-40.28 - Referral for Investigation

Current through Register Vol. 47, No. 3, July 24, 2024
The department may refer questionable cases to the department
				  of inspections and appeals for further investigation. This rule is intended to
				  implement Iowa Code section
				  239B.5.
Iowa Administrative Code › Agency 441 - Human Services Department › Title IV - Family Investment Program › Chapter 41 - Granting Assistance › Rule 441-41.21 - Eligibility Factors Specific to Child

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Age.
The family
				investment program shall be available to a needy child under the age of 18
				years without regard to school attendance.
A child is eligible for the entire month in which the child's
				  eighteenth birthday occurs, unless the birthday falls on the first day of the
				  month. The family investment program shall also be available to a needy child
				  of 18 years who is a full-time student in a secondary school, or in the
				  equivalent level of vocational or technical training, as defined in paragraph
				  41.24(2)
"e"
and who is reasonably expected to complete the
				  program before reaching the age of 19.
(2) Rescinded, effective June 1,
				1988.
(3)
Residing with
				relative.
The child shall be living in the home of one of the
				relatives specified in subrule 41.22(3). When an unwed mother intends to place
				her child for adoption shortly after birth, the child shall be considered as
				living with the mother until the time custody is actually relinquished.
a. Living with relatives implies primarily
				the existence of a relationship involving an accepted responsibility on the
				part of the relative for the child's welfare, including the sharing of a common
				household.
b. Home is the family
				setting maintained or in the process of being established as evidenced by the
				assumption and continuation of responsibility for the child by the
				relative.
Iowa Administrative Code › Agency 441 - Human Services Department › Title IV - Family Investment Program › Chapter 41 - Granting Assistance › Rule 441-41.22 - Eligibility Factors Specific to Payee

Current through Register Vol. 47, No. 3, July 24, 2024
(1) and 41.22(2)
				Reserved.
(3)
Specified
				relationship.
a. A child may be
				considered as meeting the requirement of living with a specified relative if
				the child's home is with one of the following or with a spouse of the relative
				even though the marriage is terminated by death or divorce:
Father-adoptive father.
Mother-adoptive mother.
Grandfather-grandfather-in-law, meaning the subsequent
				  husband of the child's natural grandmother, i.e., stepgrandfather-adoptive
				  grandfather.
Grandmother-grandmother-in-law, meaning the subsequent wife
				  of the child's natural grandfather, i.e., stepgrandmother-adoptive
				  grandmother.
Great-grandfather-great-great-grandfather.
Great-grandmother-great-great-grandmother.
Stepfather, but not his parents.
Stepmother, but not her parents.
Brother-brother-of-half-blood-stepbrother-brother-in-law-adoptive
				  brother.
Sister-sister-of-half-blood-stepsister-sister-in-law-adoptive
				  sister.
Uncle-aunt, of whole or half blood.
Uncle-in-law-aunt-in-law.
Great uncle-great-great-uncle.
Great aunt-great-great-aunt.
First cousins-nephews-nieces.
Second cousins, meaning the son or daughter of one's parent's
				  first cousin.
b. A relative
				of the putative father can qualify as a specified relative if the putative
				father has acknowledged paternity by the type of written evidence on which a
				prudent person would rely.
c. The
				family investment program is available to a child of unmarried parents the same
				as to a child of married parents when all eligibility factors are
				met.
d. The presence of an
				able-bodied stepparent in the home shall not disqualify a child for assistance,
				provided that other eligibility factors are met.
Iowa Administrative Code › Agency 441 - Human Services Department › Title IV - Family Investment Program › Chapter 41 - Granting Assistance › Rule 441-41.23 - Home, Residence, Citizenship, and Alienage

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Iowa
				residence.
a. A resident of Iowa is
				one:
(1) Who is living in Iowa voluntarily
				with the intention of making that person's home there and not for a temporary
				purpose. A child is a resident of Iowa when living there on other than a
				temporary basis. Residence may not depend upon the reason for which the
				individual entered the state, except insofar as it may bear upon whether the
				individual is there voluntarily or for a temporary purpose; or
(2) Who, at the time of application, is
				living in Iowa, is not receiving assistance from another state, and entered
				Iowa with a job commitment or seeking employment in Iowa, whether or not
				currently employed. Under this definition the child is a resident of the state
				in which the caretaker is a resident.
Iowa Administrative Code › Agency 441 - Human Services Department › Title IV - Family Investment Program › Chapter 41 - Granting Assistance › Rule 441-41.24 - Promoting Independence and Self-sufficiency Through Employment Job Opportunities and Basic Skills (PROMISE JOBS) Program

Current through Register Vol. 47, No. 3, July 24, 2024
All persons in a family investment program (FIP) household
				  shall be referred to the PROMISE JOBS program and shall enter into a family
				  investment agreement (FIA) as a condition of receiving FIP, unless exempt from
				  referral, except as described at subrule 41.24(2).
(1)
FIA-responsible persons.
The following persons are FIA-responsible unless the department determines the
				person is exempt:
a. All persons whose needs
				are included in a grant under the FIP program.
b. Any parent living in the home of a child
				receiving a grant.
c. All FIP
				applicants unless the department determines that the applicant is exempt or
				does not meet other FIP eligibility requirements.
d. Applicants who have chosen and are in an
				active limited benefit plan (LBP). FIA-responsible applicants in an active
				limited benefit plan shall complete significant contact with or action in
				regard to PROMISE JOBS as described at paragraphs 41.24(8)
"d"
and
"e"
for FIP eligibility to be considered. For two-parent
				households, both parents must participate as previously stated except when one
				parent is exempt. Exceptions:
(1) The
				applicant has become exempt from PROMISE JOBS.
(2) The applicant is in a subsequent limited
				benefit plan and it is prior to the last day of the six-month period of
				ineligibility.
Iowa Administrative Code › Agency 441 - Human Services Department › Title IV - Family Investment Program › Chapter 41 - Granting Assistance › Rule 441-41.25 - Uncategorized Factors of Eligibility

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Divesting of income.
Rescinded IAB 9/7/22, effective
				11/1/22.
(2)
Duplication of
				assistance.
A recipient whose needs are included in a family
				investment program grant shall not concurrently receive a grant under any other
				public assistance program administered by the department, including IV-E foster
				care, state-funded foster care or kinship caregiver program payments.
a. A recipient shall not concurrently receive
				the family investment program and subsidized adoption unless exclusion of the
				person from the FIP grant will reduce benefits to the family.
b. When a family investment program recipient
				is approved for foster care or subsidized adoption assistance while remaining
				in the same home, family investment program assistance shall be canceled
				effective the first day of the next calendar month following the date approval
				of the foster care or subsidized adoption payment is successfully entered into
				the department's computer system. FIP assistance for the month for which the
				foster care or subsidized adoption payment is approved or any past months for
				which foster care or subsidized adoption payments are made retroactively shall
				not be subject to recoupment.
c. A
				recipient shall not concurrently receive a grant from a public assistance
				program in another state.
d. When a
				recipient leaves the home of a specified relative, no payment for a concurrent
				period shall be made for the same recipient in the home of another
				relative.
Iowa Administrative Code › Agency 441 - Human Services Department › Title IV - Family Investment Program › Chapter 41 - Granting Assistance › Rule 441-41.28 - Need Standards

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Definition of the eligible group.
The eligible group consists
				of all eligible people specified below and living together, except when one or
				more of these people receive supplemental security income under Title XVI of
				the Social Security Act. There shall be at least one child in the eligible
				group except when the only eligible child is receiving supplemental security
				income. The unborn child is not considered a member of the eligible group for
				purposes of establishing the number of people in the eligible group.
a. The following persons shall be included
				(except as otherwise provided in these rules), without regard to the person's
				employment status, income or resources:
(1)
				All dependent children who are siblings of whole or half blood or
				adoptive
(2) Any parent of such
				children, if the parent is living in the same home as the dependent
				children.
Iowa Administrative Code › Agency 441 - Human Services Department › Title IV - Family Investment Program › Chapter 41 - Granting Assistance › Rule 441-41.29 - Composite Fip/ssi Cases

Current through Register Vol. 47, No. 3, July 24, 2024
When persons in the family investment program household, who
				  would ordinarily be in the eligible group, are receiving supplemental security
				  income benefits, the following rules shall apply.
(1)
Pending SSI approval.
When a person who would ordinarily be in the eligible group has applied for
				supplemental security income benefits, the person's needs may be included in
				the family investment program grant pending approval of supplemental security
				income.
(2)
Ownership of
				property.
When property is owned by both the supplemental security
				income beneficiary and the family investment program recipient, each shall be
				considered as having a half interest in order to determine the value of the
				resource, unless the terms of the deed or purchase contract clearly establish
				ownership on a different proportional basis.
This rule is intended to implement Iowa Code section
				  239B.5.
Iowa Administrative Code › Agency 441 - Human Services Department › Title IV - Family Investment Program › Chapter 41 - Granting Assistance › Rule 441-41.30 - Time Limits

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Sixty-month limit.
Assistance shall not be provided to a FIP
				applicant or recipient family that includes an adult who has received
				assistance for 60 calendar months under FIP or under any program in another
				state that is funded by the federal Temporary Assistance for Needy Families
				(TANF) block grant unless the applicant or recipient family is eligible for a
				hardship as defined in subrule 41.30(3). The 60-month period need not be
				consecutive. In two-parent households or households that include a parent and a
				stepparent, the 60-month limit is determined when either a parent or stepparent
				has received assistance for 60 months.
a. An
				"adult" is any person who is a parent of the FIP child in the home, the
				parent's spouse, or included as an optional member under subparagraph
				41.28(1)
"b"
(1) or (2).
b. "Assistance," for the purpose of this
				rule, shall include any month for which the adult receives a FIP grant or a
				payment in another state using federal Temporary Assistance for Needy Families
				(TANF) funds that the other state deems countable toward the 60-month federal
				limit. Assistance received for a partial month shall count as a full
				month.
Iowa Administrative Code › Agency 441 - Human Services Department › Title IV - Family Investment Program › Chapter 43 - Alternate Payees › Rule 441-43.21 - Conservatorship or Guardianship

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
				When application is filed for the family investment program by a person under
				conservatorship or guardianship, a copy of the court order shall be secured by
				the department. Assistance payments shall be made to the conservator or
				guardian to be allocated for the support and care of the dependent
				child.
(2) Rescinded lAB 8/31/05,
				effective 11/1/05.
Iowa Administrative Code › Agency 441 - Human Services Department › Title IV - Family Investment Program › Chapter 43 - Alternate Payees › Rule 441-43.24 - Emergency Payee

Current through Register Vol. 47, No. 3, July 24, 2024
Payments may be made to persons acting for relatives who have
				  been receiving assistance for a child in emergency situations that deprive the
				  child of the relatives' care. These payments shall be made for a temporary
				  period, not to exceed three months, to allow time to make and implement plans
				  for the child's continuing care and support.
Iowa Administrative Code › Agency 441 - Human Services Department › Title IV - Family Investment Program › Chapter 45 - Payment › Rule 441-45.21 - Issuing Payment

Current through Register Vol. 47, No. 3, July 24, 2024
The department may issue assistance payments under the family
				  investment program (FIP):
1. By
				electronic access card,
2. By
				direct deposit to the recipient's own account in a financial institution,
				or
3. By warrant.
(1)
Electronic access card.
The department shall make payments available through an electronic access card
				issued to the payee except when:
a. The
				recipient requests direct deposit; or
b. The department determines it is not
				practicable to issue the payment by electronic access card.
Iowa Administrative Code › Agency 441 - Human Services Department › Title IV - Family Investment Program › Chapter 45 - Payment › Rule 441-45.23 - Held Warrants

Current through Register Vol. 47, No. 3, July 24, 2024
A warrant may be held by the department only in the following
				  instances:
(1) The recipient's
				whereabouts is unknown.
(2) The
				recipient is not in the home due to an emergency and it is not known who will
				be serving as emergency payee.
Iowa Administrative Code › Agency 441 - Human Services Department › Title IV - Family Investment Program › Chapter 45 - Payment › Rule 441-45.24 - Underpayment

Current through Register Vol. 47, No. 3, July 24, 2024
A corrective payment shall be made when the recipient
				  receives a payment in an amount less than that for which the recipient was
				  eligible due to an administrative or client error or the recipient reports the
				  completion of the federal tax return requiring repayment to Internal Revenue
				  Service of excess advance earned income credit payments received in the prior
				  calendar year.
(1) Attribution of
				underpayments.
a. An underpayment may be
				attributed to the department as a result of one of the following circumstances:
(1) Misfiling or loss of forms or
				documents.
(2) Errors in typing or
				copying.
(3) Computer input
				errors.
(4) Mathematical
				errors.
(5) Failure to certify
				assistance in the correct amount when all essential information was available
				to the department.
(6) Failure to
				make prompt revisions in grants following changes in policies requiring the
				changes as of a specific date.
Iowa Administrative Code › Agency 441 - Human Services Department › Title IV - Family Investment Program › Chapter 45 - Payment › Rule 441-45.25 - Deceased Payees

Current through Register Vol. 47, No. 3, July 24, 2024
A retroactive corrective payment shall be made for deceased
				  payees only when the payment was approved by the department before the
				  recipient's death. Payment for a special need shall be made only when the
				  payment is entered on the automated benefit calculation system before the
				  effective date of cancellation.
Iowa Administrative Code › Agency 441 - Human Services Department › Title IV - Family Investment Program › Chapter 45 - Payment › Rule 441-45.27 - Rounding of Need Standard and Payment Amount

Current through Register Vol. 47, No. 3, July 24, 2024
The need standard and monthly payment amount must be rounded
				  down to the next whole dollar when the result of determining the standard of
				  need or the payment amount is not a whole dollar.
Iowa Administrative Code › Agency 441 - Human Services Department › Title IV - Family Investment Program › Chapter 46 - Overpayment Recovery › Rule 441-46.21 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Agency error"
in overpayments means:
(a) The same as circumstances
				described in 441-subrule 45.24(1) pertaining to underpayments, or (b) any error
				that is not a client or procedural error.
"Client"
means a current or former applicant
				  or recipient of the family investment program.
"Client error"
means and may result
				  from:
1. False or misleading
				statements, oral or written, regarding the client's income, resources, or other
				circumstances which may affect eligibility or the amount of assistance
				received;
2. Failure to timely
				report changes in income, resources, or other circumstances as required by rule
				441-40.27(239B);
3. Failure to
				refund to the child support recovery unit any nonexempt payment from the absent
				parent received after the date the decision on eligibility was made;
				or
4. Access of benefits issued via
				the electronic access card at a prohibited location pursuant to 441-subrule
				41.25(11).
"Overpayment"
means any assistance payment
				  received in an amount greater than the amount the eligible group is entitled to
				  receive or the amount of any payment accessed and any associated fees for
				  accessing the benefits at a prohibited location pursuant to 441-subrule
				  41.25(11).
"Procedural error"
means a technical error
				  that does not in and of itself result in an overpayment. Procedural errors
				  include:
1. Failure to secure a
				properly signed application at the time of initial application or
				reapplication.
2. Failure to secure
				a properly signed Form 470-3826 or Form 470-3826(S), Request for FIP Beyond 60
				Months, as described at 441-subrule 41.30(3).
3. Failure of the department to conduct the
				interviews described in 441-subrules 40.24(2) and 40.27(1).
4. Failure to request a
				Review/Recertification Eligibility Document at the time of a semiannual or
				annual review.
5. Failure of
				department staff to cancel the family investment program benefits when the
				client submits a Review/Recertification Eligibility Document that is not
				complete as defined in 441-paragraph 40.27(4)
"b."
However,
				overpayments of grants as defined above based on incomplete reports are subject
				to recoupment.
"Recoup"
means reimburse, return, or repay
				  an overpayment.
"Recoupment"
means the repayment of an
				  overpayment, either by a payment from the client or an amount withheld from the
				  assistance grant or both.
Iowa Administrative Code › Agency 441 - Human Services Department › Title IV - Family Investment Program › Chapter 46 - Overpayment Recovery › Rule 441-46.22 - Monetary Standards

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Amount subject to recoupment.
All family investment program
				overpayments shall be subject to recoupment.
(2)
Grant issued.
When
				recoupment is made by withholding from the family investment program grant, the
				grant issued shall be for no less than $10.
Iowa Administrative Code › Agency 441 - Human Services Department › Title IV - Family Investment Program › Chapter 46 - Overpayment Recovery › Rule 441-46.23 - Notification and Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
All clients shall be notified by the department of
				  inspections and appeals, as described at 441-paragraph
				  7.4(3)
"i,"
when it is determined that an overpayment exists.
				  Notification shall include the amount, date and reason for the overpayment. The
				  department shall provide additional information regarding the computation of
				  the overpayment upon the client's request. The client may appeal the
				  computation of the overpayment and any action to recover the overpayment
				  through benefit reduction in accordance with 441-paragraph 7.4(3)
"i.
				  "
Iowa Administrative Code › Agency 441 - Human Services Department › Title IV - Family Investment Program › Chapter 46 - Overpayment Recovery › Rule 441-46.24 - Determination of Overpayments

Current through Register Vol. 47, No. 3, July 24, 2024
All overpayments due to agency or client error or due to
				  assistance paid pending an appeal decision shall be recouped. A procedural
				  error alone does not result in an overpayment.
(1)
Agency error.
When an
				overpayment is due to an agency error, recoupment shall be made, including
				those instances when errors by the department prevent the requirements in
				441-subrule 41.22(6) or 41.22(7) from being met or when the client receives a
				duplicate grant.
a. An overpayment of any
				amount is subject to recoupment with one exception: When the client receives a
				grant that exceeds the amount on the most recent notice from the department,
				recoupment shall be made only when the amount received exceeds the amount on
				the notice by $10 or more.
b. An
				overpayment due to agency error shall be computed as if the information had
				been acted upon timely.
Iowa Administrative Code › Agency 441 - Human Services Department › Title IV - Family Investment Program › Chapter 46 - Overpayment Recovery › Rule 441-46.25 - Source of Recoupment

Current through Register Vol. 47, No. 3, July 24, 2024
Recoupment shall be made from basic needs. The minimum
				  recoupment amount shall be the amount prescribed in subrule 46.25(3).
				  Regardless of the source, the client may choose to make a lump sum payment,
				  make periodic installment payments when an agreement to do this is made with
				  the department of inspections and appeals, or have repayment withheld from the
				  grant. The client shall sign Form 470-0495, Agreement to Pay a Debt, when
				  requested to do so by the department of inspections and appeals. When the
				  client fails to make the agreed upon payment, the agency shall reduce the
				  grant.
(1) and
46.25(2)
Reserved.
(3)
Basic
				needs.
a. Recoupment by withholding
				from basic needs for overpayments due to client error or a combination of
				client and agency errors shall be 10 percent of the basic needs standard in
				accordance with the schedule in 441-subrule 41.28(2).
b. Recoupment by withholding from basic needs
				for overpayments due to the continuation of benefits pending a decision on an
				appeal as provided under rule
				441-7.9 (217) or a combination
				of continued benefits and agency or client errors shall be 10 percent of the
				basic needs standard in accordance with the schedule in 441-subrule
				41.28(2).
c. Recoupment by
				withholding from basic needs for overpayments due to agency error shall be 1
				percent of the basic needs standard in accordance with the schedule in
				441-subrule 41.28(2).
Iowa Administrative Code › Agency 441 - Human Services Department › Title IV - Family Investment Program › Chapter 46 - Overpayment Recovery › Rule 441-46.27 - Procedures for Recoupment

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
				Reserved.
(2)
Referral.
When the department determines that an overpayment
				exists, the case shall be referred to the department of inspections and appeals
				for investigation, recoupment, or referral for possible prosecution.
(3) Reserved.
(4)
Change of circumstances.
When financial circumstances change, the Agreement to Pay a Debt is subject to
				revision.
(5)
Collection.
Recoupment for overpayments shall be made from the
				parent or nonparental relative who was the caretaker relative, as defined in
				441-subrule 41.22(3), at the time the overpayment occurred. When both parents
				were in the home at the time the overpayment occurred, both parents are equally
				responsible for repayment of the overpayment.
(6)
Suspension and waiver.
Recoupment will be suspended on nonfraud overpayments when the case is canceled
				and the amount of the overpayment is less than $35. If the case is reopened
				within three years, recoupment is initiated again. Recoupment will be waived on
				nonfraud overpayments of less than $35 which have been held in suspense for
				three years.
Iowa Administrative Code › Agency 441 - Human Services Department › Title IV - Family Investment Program › Chapter 46 - Overpayment Recovery › Rule 441-46.29 - Fraudulent Misrepresentation of Residence

Current through Register Vol. 47, No. 3, July 24, 2024
A person convicted in a state or federal court, or in an
				  administrative hearing, of having made a fraudulent statement or representation
				  of the person's place of residence in order to receive assistance
				  simultaneously from two or more states shall be ineligible for assistance for
				  ten years. For the purpose of this rule, the term "assistance" means assistance
				  under Titles IV-A or XIX of the Social Security Act, or the Food Stamp Act of
				  1977, or benefits in two or more states under the Supplemental Security Income
				  program under Title XVI. The ten-year period begins on the date the person is
				  convicted. The prohibition does not apply to a convicted person who is pardoned
				  by the President of the United States, beginning with the month after the
				  pardon is given.
Iowa Administrative Code › Agency 441 - Human Services Department › Title IV - Family Investment Program › Chapter 47 - Diversion Initiatives › Rule 441-47.1 - Eligibility Criteria

Current through Register Vol. 47, No. 3, July 24, 2024
Eligibility for the promoting awareness of the benefits of a
				  healthy marriage program is always determined in conjunction with determination
				  of eligibility for SNAP under 441-Chapter 65.
(1)
Application.
There is no
				separate application for the program. Eligibility for the program is determined
				whenever the department determines a household's eligibility for
				SNAP.
(2)
Resources.
There is no asset test for the program.
(3)
Income.
The household's
				gross countable monthly income determined according to rule
				441-65.29 (234) must be less
				than or equal to 160 percent of the current federal poverty guidelines for the
				household size. The income eligibility limits as described in this subrule are
				revised each October 1 to reflect the annual adjustment to the federal poverty
				guidelines.
(4)
Otherwise
				eligible for SNAP.
The household must meet all eligibility criteria
				for SNAP except as provided in this rule. A household that includes a member
				who is currently disqualified from SNAP due to an intentional program violation
				is not eligible for the program.
(5)
Minimum SNAP benefit.
The household must be eligible for a monthly SNAP benefit greater than zero.
				Households with a monthly SNAP benefit of zero are not eligible for the
				program.
Iowa Administrative Code › Agency 441 - Human Services Department › Title IV - Family Investment Program › Chapter 47 - Diversion Initiatives › Rule 441-47.2 - Notice and Eligibility Period

Current through Register Vol. 47, No. 3, July 24, 2024
A household that meets all of the eligibility criteria in
				  rule 441-47.1 (234) shall receive
				  written notice of its eligibility for the promoting awareness of the benefits
				  of a healthy marriage program.
(1)
Written information.
Households determined eligible for the
				program shall receive written information about the benefits of a healthy and
				stable marriage.
(2)
Eligibility period.
A household that is determined eligible
				for the program shall remain eligible for the program until the earlier of the
				following events:
a. The household fails to
				meet the eligibility criteria under rule
				441-47.1 (234), or
b. The household's SNAP certification period
				under 441-Chapter 65 ends.