BG C.S.S.B. 910 75(R)    BILL ANALYSIS


PUBLIC HEALTH
C.S.S.B. 910
By: Zaffirini (Maxey)
5-8-97
Committee Report (Substituted)


BACKGROUND 

In November 1995, Texas implemented a statewide electronic benefit
transfer (EBT) program using the Lone Star card, an electronic debit card
similar to an automatic teller machine card that allows recipients to
access food stamps and welfare benefits via point-of-sale terminals at
retail outlets.  The EBT system streamlines program administration; law
enforcement citations cite EBT as a factor in reducing the illegal sale of
food stamps; and the retailers and financial institutions are pleased with
the system's reducing handling costs.  This bill will direct the
interagency task force on electronic benefits transfers, created in 1995,
to examine expanding the use of EBT to other state benefit programs,
propose methods to prevent or deter fraud, evaluate the feasibility of
adding the Medicaid program to the EBT system, develop a plan to assist
beneficiaries of public programs to obtain bank accounts, and determine
the feasibility and cost effectiveness of using EBT or direct deposit for
recurring payments. 

PURPOSE

C.S.S.B. 910 directs the interagency task force on electronic benefits
transfer to examine expanding the use of electronic benefits transfers
(EBT) to other state benefit programs, propose methods to prevent or deter
fraud, and evaluate the feasibility of adding the Medicaid program to the
EBT system. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 531B, Government Code, by adding Section 531.045
as follows: 

Sec.  531.045.  INTERAGENCY TASK FORCE ON ELECTRONIC BENEFITS TRANSFERS.
Requires the task force to advise and assist the commission in adding new
benefit programs to the statewide electronic benefits transfer system.
Sets forth the composition of the task force as specified. Establishes
that a task force member serves at the will of the appointing agency.
Provides that the representative of the comptroller's office serves as
presiding officer. Allows the task force to elect other necessary
officers. Requires the task force to meet at the presiding officer's call.
Establishes that the appointing agency is responsible for expenses as
specified  and that a task force member is not entitled to additional
compensation. Requires the task force to be the state's counterpoint for
the federal EBT task force; to identify and address programs and possible
problems as specified;  to pursue federal-state partnerships as specified;
Requires the task force to track and distribute legislation and
information that relates to EBT systems; to ensure efficiency and planning
coordination; to develop plans for use of imaging technology as specified,
and  if shown to be effective in reducing fraud and misuse, to use the new
cards throughout the program. Requires that the task force review problems
with  EBT fraud and propose preventative or deterrence methods. Requires
the task force to evaluate the feasibility of adding the Medicaid program
to the EBT program, and develop a plan to assist recipients of public
programs to obtain bank accounts. Requires the task force to, at a
minimum, consider savings to the state, the ease of addition to the
existing infrastructure; and the number of clients served, in  determining
which benefits can be added. 

SECTION 2. Amends Sections 22.029(a) and (b), Human Resources Code, to
require, rather than authorize, the commission to implement a data
matching project.  Adds language to require that the costs of developing
and administering the data matching project be paid entirely from amounts
recovered by participating agencies as a result of potential fraudulent
occurrences or administrative errors identified by the project.  Adds
language to clarify that the project is to involve the matching of
database information among all agencies using electronic funds transfer
and other participating agencies. 

SECTION 3. Amends Chapter 22, Human Resources Code, by adding Section
22.0291, as follows: 

Sec.  22.0291.  PROJECT FOR IDENTIFYING PERSONS ELIGIBLE FOR BENEFITS
THROUGH DATA MATCHING.  Requires the Texas Department of Health
(department) to implement a data matching project to locate individuals
who qualify to participate in the federal special supplemental food
program for women, infants, and children (program). Requires the
department to notify eligible persons and encourage them to apply for the
program.  Requires the department to identify other state agency databases
that could be matched with the department's database for the program.
Requires the department to contract through a memorandum of understanding
with each participating agency. Requires participating agencies to
cooperate fully with the department and promptly provide data in the
requested format.  Requires the department and agencies, as specified to
take all necessary steps to protect the confidentiality of information as
specified.  Requires the department to identify the databases for the
matching project by December 30, 1997, and to begin database matching by
July 1, 1998. 

SECTION 4. Establishes that this Act conforms Chapter 531, Government Code
to Section 8.10, Chapter 655, Acts of the 74th Legislature, Regular
Session, 1995.  Repeals Section 8.10, Chapter 655, Acts of the 74th
Legislature, 1995.  Provides that this Act prevails over another Act of
the 75th Legislature , Regular Session, 1997, as specified. 

SECTION 5. (a) Requires the task force to review each agency that makes
recurring payments to an individual or transmits data on state clients to
determine the feasibility of using electronic benefits transfer or direct
deposit to make the recurring payments or data transmission. 

Subsection (b) requires the task force to report as specified by December
30, 1997. 

Subsection (c) requires an agency to implement electronic benefits
transfer or direct deposit by September 1, 1999, if the task force
determines it is feasible. 

SECTION 6. (a) Requires the attorney general, TDH and the Texas Workforce
Commission to analyze the cost-effectiveness of using electronic benefits
transfer in conjunction with direct deposit to distribute certain funds. 

Subsection (b) authorizes each agency to work with the task force to
determine the costeffectiveness of using electronic benefits transfers to
distribute payments or benefits. 

Subsection (c) requires each agency to complete the cost-benefit analysis
by December 30, 1997. 

Subsection (d) requires an agency to submit an implementation plan as
specified  if the agency determines that electronic benefits transfer is
cost-effective.  Requires the agency to execute the plan by August 31,
1998. 

SECTION 7. Requires each agency that provides benefits or recurring
payments by way of electronic benefits transfer to evaluate the
cost-effectiveness of providing access to the benefits or recurring
payments through automated teller machines. 

SECTION 8. Effective date: September 1, 1997.
 
SECTION 9. Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

In SECTION 1, CSSB 910 substitutes "appropriate state agencies" for
"Department of Public Safety" as was originally drafted in Sec. 531.045
(g)(7), Government Code. The substitute bill removes the original's
explanation concerning conformity to Section 8.10, Chapter 655, Acts of
the 74th Legislature, 1995 from SECTION 1, and instead adds it to SECTION
4 (a). The repealer which was SECTION 4 in SB 910 is SECTION 4 (b) in the
substitute bill. SECTION 4 (c) of the substitute bill is newly added for
clarification in regards to any conflicting legislation.