Iowa HF 249: A bill for an act relating to the issuance of driver’s licenses, nonoperator’s identification cards, and persons with disabilities identification devices by community colleges.

Bill Text

House
File
249
-
Enrolled

House
File
249

AN
ACT

RELATING
TO
THE
RECOVERY
OF
BENEFITS
INAPPROPRIATELY
OBTAINED

FROM
THE
DEPARTMENT
OF
HOMELAND
SECURITY
AND
EMERGENCY

MANAGEMENT.

BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:

Section
1.
Section
10A.108,
subsection
1,
Code
2025,
is

amended
to
read
as
follows:

1.
a.
If
a
person
refuses
or
neglects
to
repay
benefits
or

provider
payments
inappropriately
obtained
from
the
department

of
health
and
human
services
or
the
department
of
homeland

security
and
emergency
management
,
the
amount
inappropriately

obtained,
including
any
interest,
penalty,
or
costs
attached

to
the
amount,
constitutes
a
debt
and
is
a
lien
in
favor
of
the

state
upon
all
property
and
any
rights
or
title
to
or
interest

in
property,
whether
real
or
personal,
belonging
to
the
person

for
the
period
established
in
subsection
2
,
with
the
exception

of
property
which
is
exempt
from
execution
pursuant
to
chapter

627
.

b.
A
lien
under
this
section
shall
not
attach
to
any
amount

of
inappropriately
obtained
benefits
or
provider
payments,
or

portions
of
the
benefits
or
provider
payments,
attributable

to
errors
by
the
department
of
health
and
human
services
or

the
department
of
homeland
security
and
emergency
management,

as
applicable

.
Liens
shall
only
attach
to
the
amounts
of

inappropriately
obtained
benefits
or
provider
payments
or

portions
of
the
benefits
or
provider
payments
which
were

House
File
249,
p.
2

obtained
due
to
false,
misleading,
incomplete,
or
inaccurate

information
submitted
by
a
person
in
connection
with
the

application
for
or
receipt
of
benefits
or
provider
payments.

Sec.
2.
Section
10A.108,
subsection
4,
unnumbered
paragraph

1,
Code
2025,
is
amended
to
read
as
follows:

The
county
recorder
of
each
county
shall
prepare
and

maintain
in
the
recorder’s
office
an
index
of
liens
of

debts
established
based
upon
benefits
or
provider
payments

inappropriately
obtained
from
and
owed
the
department
of

health
and
human
services
or
the
department
of
homeland

security
and
emergency
management

,
containing
the
applicable

entries
specified
in
sections
558.49
and
558.52
,
and
providing

appropriate
columns
for
all
of
the
following
data,
under
the

names
of
debtors,
arranged
alphabetically:

Sec.
3.
Section
10A.108,
subsection
4,
paragraph
b,
Code

2025,
is
amended
to
read
as
follows:

b.
“State
of
Iowa,
Department
of
Health
and
Human
Services”

or
“State
of
Iowa,
Department
of
Homeland
Security
and

Emergency
Management”

as
claimant
,
as
applicable
.

Sec.
4.
Section
10A.108,
subsection
8,
Code
2025,
is
amended

to
read
as
follows:

8.
The
department
of
inspections,
appeals,
and
licensing,

as
provided
in
this
chapter
and
chapter
626
,
shall
proceed

to
collect
all
debts
owed
the
department
of
health
and
human

services
and
the
department
of
homeland
security
and
emergency

management
as
soon
as
practicable
after
the
debt
becomes

delinquent.
If
service
has
not
been
made
on
a
distress
warrant

by
the
officer
to
whom
addressed
within
five
days
from
the

date
the
distress
warrant
was
received
by
the
officer,
the

authorized
investigators
of
the
department
of
inspections,

appeals,
and
licensing
may
serve
and
make
return
of
the
warrant

to
the
clerk
of
the
district
court
of
the
county
named
in
the

distress
warrant,
and
all
subsequent
procedures
shall
be
in

compliance
with
chapter
626
.

Sec.
5.
NEW
SECTION

.
29C.26
Referrals
——
fraud
——
benefits

inappropriately
obtained.

1.
Following
a
review
of
an
applicant’s
or
recipient’s

eligibility
to
receive
moneys
under
section
29C.20A
or

29C.20B,
the
department
may
refer
cases
of
suspected
fraud,

House
File
249,
p.
3

misrepresentation,
inadequate
documentation
relating

to
initial
or
continued
eligibility,
or
benefits
being

otherwise
inappropriately
obtained,
along
with
any
supportive

information,
to
the
department
of
inspections,
appeals,
and

licensing
for
review.

2.
In
cases
of
substantiated
fraud,
misrepresentation,
or

benefits
being
otherwise
inappropriately
obtained,
the
state

shall
review
all
appropriate
legal
options
including
but
not

limited
to
removal
of
a
recipient
from
other
public
assistance

programs
and
garnishment
of
wages
or
state
income
tax
refunds

until
the
department
recovers
an
amount
equal
to
the
benefits

fraudulently
claimed.

3.
The
department
may
refer
suspected
cases
of
fraud,

misrepresentation,
or
inadequate
documentation
relating

to
initial
or
continued
eligibility,
or
suspected
cases

of
benefits
being
otherwise
inappropriately
obtained,
to

appropriate
state
entities
for
review
of
such
issues
in
other

programs
providing
public
benefits.

______________________________

PAT
GRASSLEY

Speaker
of
the
House

______________________________

AMY
SINCLAIR

President
of
the
Senate

I
hereby
certify
that
this
bill
originated
in
the
House
and

is
known
as
House
File
249,
Ninety-first
General
Assembly.

______________________________

MEGHAN
NELSON

Chief
Clerk
of
the
House