ARC 0553D

ARC 0553D

HUMAN SERVICES DEPARTMENT[441]

Amended Notice of Intended Action

Providing for a public hearing on rulemaking related to Healthy and
Well Kids in Iowa (Hawki) Program

    The Notice of Intended Action published in the Iowa Administrative Bulletin on March 4, 2026, as ARC 0086D proposes to amend Chapter 86, “Healthy and Well Kids in Iowa (Hawki) Program,” Iowa Administrative Code. In order to receive additional oral comments concerning ARC 0086D, the Department of Health and Human Services hereby gives notice that a public hearing will be held as follows:

    Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.

    Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs.

Legal Authority for Rulemaking

    This rulemaking is proposed under the authority provided in Iowa Code chapter 514I as amended by 2025 Iowa Acts, Senate File 474, division IV.

State or Federal Law Implemented

    This rulemaking implements, in whole or in part, Iowa Code chapter 514I as amended by 2025 Iowa Acts, Senate File 474, division IV.

Purpose and Summary

    This proposed rulemaking serves to implement 2025 Iowa Acts, Senate File 474, division IV, by amending rule 441—86.7(514I).

    2025 Iowa Acts, Senate File 474, division IV, pertains to Iowa’s Children’s Health Insurance Program (CHIP), Hawki. Within division IV, section 47 created new Iowa Code section 514I.8B and provided that following the first 30 days of commitment to a public institution, the Department will suspend rather than terminate an otherwise eligible individual’s eligibility for Hawki. The Iowa Code section also requires the Department to adopt rules to implement the new Iowa Code section.

    This new Iowa Code section is intended to implement Section 5121 of the federal Consolidated Appropriations Act, which similarly requires suspension rather than termination of eligibility after 30 days of commitment to a public institution for incarcerated individuals otherwise eligible for CHIP.

    Prior to fully implementing this federal change, the Department must receive federal approval for a State Plan Amendment (SPA) from the Centers for Medicare and Medicaid Services (CMS). The SPA submission and attestations to CMS indicate a January 2027 implementation date. As such, the Department is seeking to extend the Notice period on the proposed rulemaking.

Fiscal Impact, Jobs Impact, Waivers

    Statements related to the fiscal impact, jobs impact, and waiver of this rulemaking may be found in the preamble of ARC 0086D.

Review by Administrative Rules Review Committee

    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).