ARC 8533C

ARC 8533C

Proposing rulemaking related to interim assistance reimbursement
and providing an opportunity for public comment

A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on October 16, 2024. A public hearing was held on the following date(s):

●November 6, 2024

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

ITEM 1.Rescind 441—Chapter 57 and adopt the following new chapter in lieu thereof:

CHAPTER 57

INTERIM ASSISTANCE REIMBURSEMENT

441—57.1(249) Definitions.

“Benefits” means Supplemental Security Income (SSI) for the aged, blind, and disabled (a federal cash assistance program under Title XVI of the Social Security Act as amended to August 1, 2024) and any federally administered state supplementary assistance payments that are determined by the Social Security Administration to be due an individual at the time the SSI payment is made.

“County agency” means a county or county subdivision under the jurisdiction of the county board of supervisors, including a county commission of veteran affairs, that furnishes relief in the form of cash or vendor payments to or on behalf of needy persons in accordance with established standards under the provisions of Iowa Code chapter 35B or 252.

“Initial payment” means the amount of benefits determined by the Social Security Administration to be payable to an eligible person (including any retroactive amounts) when the person is first determined to be eligible for SSI. The initial payment does not include any emergency advance payments, any presumptive disability or blindness payments, or any immediate payments authorized under Section 1631 of the Social Security Act as amended to August 1, 2024.

“Initial posteligibility payment” means the amount of benefits determined by the Social Security Administration to be payable to an eligible person (including any retroactive amounts) when the person is first determined eligible for SSI following a period of suspension or termination. The initial posteligibility payment does not include any emergency advance payments, any presumptive disability or blindness payments, or any immediate payments authorized under Section 1631 of the Social Security Act as amended to August 1, 2024.

“Interim assistance” means the same as defined in 20 CFR Part 416 as amended to August 1, 2024.

“Interim period” means either (1) the period beginning with the month following the month in which a person filed an application for benefits for which the person was found to be eligible and ending with and including the month the person’s benefits began, or (2) the period beginning the day the person’s benefits were reinstated after a period of suspension or termination, and ending with (and including) the month the person’s benefits were resumed. The interim period does not include any periods during which the person is underpaid by the Social Security Administration due to that agency’s failure to make a timely modification of the person’s SSI benefit or for any other reason.

441—57.2(249) Requirements for reimbursement. In order to receive reimbursement for interim assistance payments, a county agency must meet the following requirements:

57.2(1) Agreement. The county agency shall enter into a written agreement with the department of health and human services on a form prescribed by the department.

57.2(2) Authorization. The county agency shall secure written authorization from the person seeking interim assistance. By signing a form prescribed by the department, the person:

a.Indicates the intent to apply for SSI benefits.

b.Authorizes the Social Security Administration to:

(1)Withhold the amount of interim assistance from the person’s initial payment or initial posteligibility payment, and

(2)Make this amount payable to the county agency.

57.2(3) Records. The county agency shall:

a.Maintain a file for each person who has received interim assistance.

b.Maintain adequate records of all transactions made relating to interim assistance.

c.Comply with the provisions of the Federal Information Security Management Act (FISMA) as amended to August 1, 2024; 20 CFR Part 401 as amended to August 1, 2024; and the Privacy Act of 1974 as amended to August 1, 2024, relating to the safeguarding of information concerning individuals who have applied for interim assistance.

441—57.3(249) Certificate of authority.

57.3(1) The county agency shall submit the information requested on a form prescribed by the departmentto the Social Security Administration at the address given on the form:

a.Before the date the agency first participates in the program, and

b.Subsequently when changes in the list of authorized officials occur.

57.3(2) The county agency shall submit a copy of the form referenced in subrule 57.3(1) to the department at the address given on the form each time the form is submitted to the Social Security Administration.

These rules are intended to implement 1984 Iowa Acts, chapter 1310, section 9.