House File 249 - Introduced HOUSE FILE 249 BY COMMITTEE ON PUBLIC SAFETY (SUCCESSOR TO HSB 23) A BILL FOR An Act relating to the recovery of benefits inappropriately 1 obtained from the department of homeland security and 2 emergency management. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1403HV (2) 91 sc/ns
H.F. 249 Section 1. Section 10A.108, subsection 1, Code 2025, is 1 amended to read as follows: 2 1. a. If a person refuses or neglects to repay benefits or 3 provider payments inappropriately obtained from the department 4 of health and human services or the department of homeland 5 security and emergency management , the amount inappropriately 6 obtained, including any interest, penalty, or costs attached 7 to the amount, constitutes a debt and is a lien in favor of the 8 state upon all property and any rights or title to or interest 9 in property, whether real or personal, belonging to the person 10 for the period established in subsection 2 , with the exception 11 of property which is exempt from execution pursuant to chapter 12 627 . 13 b. A lien under this section shall not attach to any amount 14 of inappropriately obtained benefits or provider payments, or 15 portions of the benefits or provider payments, attributable 16 to errors by the department of health and human services or 17 the department of homeland security and emergency management, 18 as applicable . Liens shall only attach to the amounts of 19 inappropriately obtained benefits or provider payments or 20 portions of the benefits or provider payments which were 21 obtained due to false, misleading, incomplete, or inaccurate 22 information submitted by a person in connection with the 23 application for or receipt of benefits or provider payments. 24 Sec. 2. Section 10A.108, subsection 4, unnumbered paragraph 25 1, Code 2025, is amended to read as follows: 26 The county recorder of each county shall prepare and 27 maintain in the recorders office an index of liens of 28 debts established based upon benefits or provider payments 29 inappropriately obtained from and owed the department of 30 health and human services or the department of homeland 31 security and emergency management , containing the applicable 32 entries specified in sections 558.49 and 558.52 , and providing 33 appropriate columns for all of the following data, under the 34 names of debtors, arranged alphabetically: 35 -1- LSB 1403HV (2) 91 sc/ns 1/ 4
H.F. 249 Sec. 3. Section 10A.108, subsection 4, paragraph b, Code 1 2025, is amended to read as follows: 2 b. State of Iowa, Department of Health and Human Services 3 or State of Iowa, Department of Homeland Security and 4 Emergency Management as claimant , as applicable . 5 Sec. 4. Section 10A.108, subsection 8, Code 2025, is amended 6 to read as follows: 7 8. The department of inspections, appeals, and licensing, 8 as provided in this chapter and chapter 626 , shall proceed 9 to collect all debts owed the department of health and human 10 services and the department of homeland security and emergency 11 management as soon as practicable after the debt becomes 12 delinquent. If service has not been made on a distress warrant 13 by the officer to whom addressed within five days from the 14 date the distress warrant was received by the officer, the 15 authorized investigators of the department of inspections, 16 appeals, and licensing may serve and make return of the warrant 17 to the clerk of the district court of the county named in the 18 distress warrant, and all subsequent procedures shall be in 19 compliance with chapter 626 . 20 Sec. 5. NEW SECTION . 29C.26 Referrals fraud benefits 21 inappropriately obtained. 22 1. Following a review of an applicants or recipients 23 eligibility to receive moneys under section 29C.20A or 24 29C.20B, the department may refer cases of suspected fraud, 25 misrepresentation, inadequate documentation relating 26 to initial or continued eligibility, or benefits being 27 otherwise inappropriately obtained, along with any supportive 28 information, to the department of inspections, appeals, and 29 licensing for review. 30 2. In cases of substantiated fraud, misrepresentation, or 31 benefits being otherwise inappropriately obtained, the state 32 shall review all appropriate legal options including but not 33 limited to removal of a recipient from other public assistance 34 programs and garnishment of wages or state income tax refunds 35 -2- LSB 1403HV (2) 91 sc/ns 2/ 4
H.F. 249 until the department recovers an amount equal to the benefits 1 fraudulently claimed. 2 3. The department may refer suspected cases of fraud, 3 misrepresentation, or inadequate documentation relating 4 to initial or continued eligibility, or suspected cases 5 of benefits being otherwise inappropriately obtained, to 6 appropriate state entities for review of such issues in other 7 programs providing public benefits. 8 EXPLANATION 9 The inclusion of this explanation does not constitute agreement with 10 the explanations substance by the members of the general assembly. 11 Under current law, the department of inspections, appeals, 12 and licensing (DIAL) has the authority to collect payments 13 inappropriately obtained from the department of health and 14 human services. This bill expands those provisions to allow 15 DIAL to collect payments inappropriately obtained from the 16 department of homeland security and emergency management 17 (HSEM). 18 The bill makes benefits obtained through false, misleading, 19 incomplete, or inaccurate information given to HSEM a lien in 20 favor of the state upon a persons property and requires county 21 recorders to prepare and maintain in the recorders office 22 an index of liens owed to HSEM. The bill requires DIAL to 23 collect delinquent debts owed HSEM as soon as practicable. By 24 operation of law, the associated provisions relating to lien 25 attachment, length, preservation, and satisfaction, payment 26 of recording fees by DIAL, distress warrants, and action by 27 the attorney general apply to the inappropriately obtained 28 HSEM benefits. HSEM may refer cases of suspected fraud, 29 misrepresentation, inadequate documentation, or benefits 30 otherwise being inappropriately obtained from the disaster 31 aid individual assistance grant program and the disaster case 32 advocacy grant program to DIAL or other state entities for 33 review. In cases of substantiated fraud, misrepresentation, 34 or benefits inappropriately obtained, the state must review 35 -3- LSB 1403HV (2) 91 sc/ns 3/ 4
H.F. 249 all legal options until HSEM recovers an amount equal to the 1 benefits fraudulently claimed. HSEM may also refer suspected 2 cases of impropriety in other programs to the appropriate state 3 entity. 4 -4- LSB 1403HV (2) 91 sc/ns 4/ 4