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A BILL TO BE ENTITLED
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AN ACT
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relating to eligibility for certain benefits provided under public |
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assistance programs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 531, Government Code, is |
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amended by adding Section 531.1081 to read as follows: |
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Sec. 531.1081. INTEGRITY OF CERTAIN PUBLIC ASSISTANCE |
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PROGRAMS. (a) In this section: |
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(1) "Financial assistance benefits" means money |
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payments under the federal Temporary Assistance for Needy Families |
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program operated under Chapter 31, Human Resources Code, or under |
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the state temporary assistance and support services program |
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operated under Chapter 34, Human Resources Code. |
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(2) "Supplemental nutrition assistance benefits" |
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means money payments under the supplemental nutrition assistance |
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program operated under Chapter 33, Human Resources Code. |
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(b) To the extent not otherwise provided by this subtitle or |
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Title 2, Human Resources Code, the commission shall develop and |
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implement, in accordance with this section, methods for reducing |
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abuse, fraud, and waste in public assistance programs. |
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(c) On a monthly basis, the commission shall: |
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(1) conduct electronic data matches with the Texas |
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Lottery Commission to determine if a recipient of supplemental |
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nutrition assistance benefits or a recipient's household member |
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received reportable lottery winnings; |
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(2) use the database system developed under Section |
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531.0214 to match vital statistics unit death records with a list of |
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individuals eligible for financial assistance or supplemental |
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nutrition assistance benefits, and ensure that any individual |
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receiving assistance under either program who is discovered |
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deceased has their eligibility for assistance promptly terminated; |
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and |
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(3) review the out-of-state electronic benefit |
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transfer card transactions made by a recipient of supplemental |
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nutrition assistance benefits to determine whether those |
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transactions indicate a possible change in the recipient's |
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residence. |
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(d) The commission shall immediately review the eligibility |
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of a recipient of public assistance benefits if the commission |
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discovers information under this section that affects the |
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recipient's eligibility. |
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(e) A recipient who fails to disclose lottery winnings that |
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are required to be reported to the commission under a public |
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assistance program presumptively commits a program violation. |
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(f) The executive commissioner shall adopt rules necessary |
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to implement this section. |
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SECTION 2. Section 531.110, Government Code, is amended by |
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amending Subsections (a), (b), and (e) and adding Subsections (a-1) |
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and (c-1) to read as follows: |
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(a) In this section, "public assistance program" includes: |
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(1) Medicaid; |
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(2) the financial assistance program under Chapter 31, |
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Human Resources Code; and |
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(3) a nutritional assistance program under Chapter 33, |
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Human Resources Code, including the supplemental nutrition |
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assistance program under that chapter. |
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(a-1) The commission shall conduct electronic data matches |
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for a [Medicaid] recipient of benefits under a public assistance |
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program at least quarterly to verify the identity, income, |
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employment status, and other factors that affect the eligibility of |
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the recipient. |
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(b) To verify eligibility of a recipient of public |
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assistance program benefits [for Medicaid], the electronic data |
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matching must match information provided by the recipient with |
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information contained in databases maintained by appropriate |
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federal and state agencies. |
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(c-1) The commission shall enter into a memorandum of |
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understanding with each state agency from which data is required to |
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conduct electronic data matches under this section and Section |
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531.1081. |
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(e) The executive commissioner shall establish procedures |
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by which the commission, or a health and human services agency |
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designated by the commission, verifies the electronic data matches |
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conducted by the commission under this section. Not later than the |
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20th day after the date the electronic data match is verified, the |
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commission shall remove from eligibility a recipient who is |
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determined to be ineligible for a public assistance program |
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[Medicaid]. |
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SECTION 3. Subchapter B, Chapter 32, Human Resources Code, |
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is amended by adding Section 32.026101 to read as follows: |
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Sec. 32.026101. DETERMINATION OF ELIGIBILITY BY HEALTH CARE |
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EXCHANGES PROHIBITED. (a) The commission may not accept Medicaid |
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eligibility determinations from an exchange established under 42 |
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U.S.C. Section 18041(c). |
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(b) The commission may accept eligibility assessments from |
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an exchange, but the commission must determine the eligibility of |
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an individual for Medicaid. |
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SECTION 4. If before implementing any provision of this Act |
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a state agency determines that a waiver or authorization from a |
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federal agency is necessary for implementation of that provision, |
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the agency affected by the provision shall request the waiver or |
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authorization and may delay implementing that provision until the |
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waiver or authorization is granted. |
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SECTION 5. This Act takes effect September 1, 2021. |
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