ARC 9308C - Iowa Administrative Rules

Adopted and Filed

Interim assistance reimbursement, ch 57

Untitled document

ARC 9308C

HUMAN SERVICES DEPARTMENT[441]

Adopted and Filed

Rulemaking related to interim assistance reimbursement

The Department of Health and Human Services hereby rescinds Chapter 57, “Interim Assistance Reimbursement,” Iowa Administrative Code, and adopts a new chapter with the same title.

Legal Authority for Rulemaking

This rulemaking is adopted under the authority provided in 1984 Iowa Acts, Chapter 1310.

State or Federal Law Implemented

This rulemaking implements, in whole or in part, 1984 Iowa Acts, Chapter 1310.

Purpose and Summary

This rulemaking was undertaken in response to Executive Order 10. The purpose of this chapter is to reimburse states and their political subdivisions that have furnished interim assistance in cash or in the form of vendor payments. This chapter provides additional clarity and structure for implementation.

Public Comment and Changes to Rulemaking

Notice of Intended Action for this rulemaking was published in the Iowa Administrative Bulletin on December 11, 2024, as ARC 8533C. A public hearing was held on the following date(s):

●January 14, 2025

●January 17, 2025

No one attended the public hearings. No public comments were received. No changes from the Notice have been made.

Adoption of Rulemaking

This rulemaking was adopted by the Department on May 7, 2025.

Fiscal Impact

This rulemaking has no fiscal impact to the State of Iowa.

Jobs Impact

After analysis and review of this rulemaking, no impact on jobs has been found.

Waivers

Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 441—Chapter 6.

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).

Effective Date

This rulemaking will become effective on August 1, 2025.

The following rulemaking action is adopted:

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.

[Filed 5/7/25, effective 8/1/25]

[Published 5/28/25]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 5/28/25.