On Monday, February 9, two bills were introduced in the Iowa legislature that threaten the Supplemental Nutrition Assistance Program (SNAP), other nutrition programs, and the hundreds of thousands of Iowans who rely on them to help feed their families.
These bills are expected to move very quickly, with subcommittee meetings scheduled for Wednesday and Thursday. Both bills would need to pass out of subcommittee and through the full House Health & Human Services Committee by next Friday, February 20 (known as the First Funnel), in order to remain eligible for debate this session. The Iowa Hunger Coalition is registered against both bills.
We encourage you to learn more about these bills below, and reach out to all members of the House HHS Committee, as well as specific subcommittee members, to tell them to oppose HSB 694 and HSB 696!
Before we dive into all the details of these bad bills, it’s important to keep a few things in mind:
But despite all of this, our Governor and certain state legislators have decided that they want to make it harder for low-income Iowans to access and use their SNAP benefits.
HSB 694: The Governor’s Attempt to Codify SNAP Restrictions
House Study Bill 694 is a Governor bill that has been assigned to the Health and Human Services Committee. A subcommittee of Rep. Austin Harris, Rep. Tom Jeneary, and Rep. Austin Baeth is scheduled to meet this Thursday, February 12, at 12:00pm in Room 103.
Subcommittee meetings are typically the only opportunity to provide public testimony on a bill. Per House rules, you can watch the subcommittee meeting online, but are not allowed to testify remotely (which differs from the Senate). If you attend the subcommittee in person to speak, please know that your comments may be limited to two minutes by the Chair.
We encourage you to contact the subcommittee members below directly and urge them to oppose HSB 694! You can also submit public comments online.
HSB 694 is a 56-page bill that includes a number of the Governor’s priorities, including requiring continuing education in nutrition for physicians and raising the cigarette, vapor, and hemp taxes. It also includes a division that seeks to codify (and potentially expand) Iowa’s SNAP restrictions.
Division III ties Iowa’s participation in both SNAP and Summer EBT to its “healthy food” waiver, as defined by “the director or the director’s designee.”
To reiterate: this bill would allow the Iowa HHS Director, or someone of their choosing, to determine what is considered “healthy” foods (based solely on vibes), and if the USDA doesn’t agree, Iowa would stop participating in Summer EBT, and potentially even in SNAP entirely.
It’s a bit unclear. Section 16 of the bill states that Iowa shall “continuously maintain participation in SNAP…by administering the program in accordance with guidelines approved…that eligible foods…are healthy foods as defined by the director or the director’s designee.” It also states that Iowa shall “ensure that the provision of SNAP benefits to recipients is uninterrupted.” So, if Iowa requests a waiver and it’s denied by USDA, what would happen?
Ultimately, neither the Iowa legislature, nor the Director of Iowa HHS, has the authority to determine what qualifies as eligible foods for SNAP.
We’ve seen how Iowa’s SNAP restriction waiver is playing out, and the last thing our legislature should be doing is making these restrictions permanent. Not only are they doing that, but they’re also giving free reign to future administrations to make changes as they see fit. We should be making public policy based on evidence, not ideology.
HSB 696: A Suite of Further Restrictions and Waivers
House Study Bill 696 was introduced on Monday by Rep. Austin Harris, who is the Chair of the House Health & Human Services Committee. The bill’s subcommittee of Rep. Harris, Rep. Chad Ingels, and Rep. Ross Wilburn is scheduled to meet on Wednesday, February 11, at 12:30pm in Room 103 of the Iowa State Capitol. You can watch the subcommittee meeting online, but are not allowed to testify remotely.
We encourage you to contact the subcommittee members below directly and urge them to oppose HSB 696! You can also submit public comments online.
Division I of the bill contains a number of provisions related to SNAP, some of them harmful, others harmless. In total, the bill would request five separate waivers from USDA related to SNAP administration in Iowa.
- Section 1 would require Iowa HHS to produce a quarterly report on the state’s payment error rate (PER) for SNAP. State legislators are paying extra attention to the PER due to a provision in HR1 that could leave Iowa on the hook for upwards of $26 million if our PER exceeds 6%. Thankfully, right now Iowa’s payment error rate for SNAP is 5.3%. IHC is supportive of this provision.
- Section 2 would direct the state to request a waiver from USDA to not count the income of working high schoolers when calculating a household’s SNAP benefits. We believe this could be a positive change, and support it, though there’s no guarantee USDA FNS would grant this waiver.
- Section 3 would request a waiver to consider a number of data sources “verified upon receipt” when processing SNAP applications, including The Work Number and a number of other third-party data sources that could produce inaccurate, untimely, or questionable data. This goes against long-standing USDA guidance on the use of third-party data sources and “unclear information.” We are concerned this could lead to people having their SNAP benefits reduced or terminated inaccurately, and are opposed to this section.
- Section 4 would request a waiver to allow Iowa HHS to expunge household benefits after “three months or 91 days of inactivity, or of benefits remaining, on the electronic benefit account.” Current policy allows states to expunge benefits after nine months. We are extremely concerned with this provision and how it would strip SNAP benefits away from individuals and families who earned them.
- Section 5 would request a waiver to exclude client errors from the payment error rate and instead only use agency-caused errors. This would reduce Iowa’s payment error rate, potentially keeping the state from cost-sharing on benefits in the future. However, it’s unclear that USDA would grant this waiver to Iowa.
- Section 6 would request a waiver to require additional eligibility information to be submitted for an application to “be considered complete.” This would require applicants to list the citizenship status and verify the identity of all members of the households, even those who are not applying for benefits. This could discourage mixed-status households from applying for benefits, and we oppose it.
Division III makes a few alarming changes to public assistance programs in the state, including requiring as a condition of participation “a statement from the applicant attesting to the applicant’s reasons for being in the state and length of residency within the state” and a copy of the applicant’s most recent Iowa income tax return. This division would also require the state to use the controversial SAVE system to verify citizenship status for all public assistance applicants in Iowa.
Division IV would change eligibility requirements for the Special Supplemental Nutrition Program for Women, Children, and Infants (WIC). Currently, WIC does not restrict eligibility based on citizenship status. This provision would ban undocumented women, infants, and children from participating in WIC. It’s unclear how many families would be negatively impacted by this change.
Division V would direct Iowa HHS to produce an annual report on public assistance fraud, including reporting the number of cases investigated, case outcomes, overpayment dollars identified, amount of cost avoidance, and actual dollars recovered. All of these metrics are already available through the Iowa Department of Inspections, Licensing, and Appeals (DIAL)’s annual report.
Of course, the real issue of SNAP fraud – benefit theft and skimming – is still going unaddressed with this bill, and there are not requirements for Iowa HHS to report on the number of Iowans who have had their SNAP benefits stolen and the total amount of benefits stolen from Iowans.
We encourage you to reach out to all members of the House Health and Human Resources Committee and encourage them to vote NO on HSB 694 and HSB 696!