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By:  Delisi                                                       H.B. No. 3204


A BILL TO BE ENTITLED
AN ACT
relating to the establishment of an electronic benefits transfer system under the medical assistance program. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 301.002(2), Finance Code, is amended to read as follows: (2) "Credit card transaction" means a transaction for personal, family, or household use in which a credit card, electronic benefits transfer card, plate, coupon book, or credit card cash advance check may be used or is used to debit an open-end account in connection with: (A) a purchase or lease of goods or services; or (B) a loan of money. SECTION 2. Chapter 32, Human Resources Code, is amended by adding Section 32.070 to read as follows: Sec. 32.070. DEFINITIONS. In this section: (1) "Electronic benefits transfer card" means a card provided by the department to recipients of medical assistance for the purpose of directly paying for services obtained under the medical assistance program; (2) "Biometric identification" means fingerprints, hand geometry, retina scan, voice verification, and signature verification; (3) "Card" means electronic benefits transfer card; (4) "point-of-sale terminal" means a device placed in a merchant location and connected to a bank. It is designed to authorize, record, and forward electronically the payment for each sale as it occurs; and (5) "System" means the electronic benefits transfer card system established under this chapter. Sec. 32.071. ELECTRONIC BENEFITS TRANSFER SYSTEM. (a) The department shall, without cost to the applicant, issue an identification card to every person who is a recipient of medical assistance under this chapter. (b) The department shall provide providers participating in the medical assistance program with the appropriate equipment, including point-of-sale equipment, to facilitate payment for medical assistance with an electronic benefits transfer card. (c) The card shall bear the title of "Texas Medical Welfare Card", the social security number, full name, date of birth, residence address and a brief description of the holder, any case number issued by the department to such recipient and either a facsimile of the signature of the holder or a space on which he shall write his usual signature with pen and ink. Every such card shall contain the photograph of the holder. Such photograph shall be processed in color. (d) The card shall contain, in a digital format, encrypted, and in a manner compliant with the Health Insurance Portability Act, the fingerprint image of the recipient of medical assistance. (e) The card shall contain any other information the department considers necessary for the implementation of the system. (f) The department shall implement the system in the service delivery area containing Harris County, and the service delivery area containing Dallas County by January 1, 2004. (g) The department shall make necessary changes to the system based upon outcomes in the service delivery areas containing Dallas and Harris counties, and implement the revised system in the remainder of the state no later than January 1, 2005. (h) The department may contract with public and private entities to carry out implementation and operation of the system. (i) The department shall consider the results of electronic benefits transfer programs at the federal level, in other states, and in counties and cities in other states in developing rules to implement and operate the system. (j) The department may enact rules necessary to implement and operate the system authorized under this chapter. (k) The department shall seek enhanced federal matching funds, to the extent they are available, to implement the system. The department may adjust the system through rule, if necessary, for the state to become eligible for such funds. Sec. 32.072. INACTIVE ELECTRONIC BENEFITS TRANSFER ACCOUNT. (a) This section applies only to an account to which medical assistance provided under this chapter has been transferred under the electronic benefits transfer system for access and use by a recipient of that assistance. (b) The department shall close an account that has not been used be the account holder during the preceding 6 months. (c) The comptroller shall withdraw any unused benefits remaining in the account and disburse the benefits as authorized by federal and state law. (d) The identification card shall be returned to the department when the person to whom it is issued is no longer a recipient of medical assistance from the department. Sec. 32.073. ELECTRONIC BENEFITS TRANSFER: MONITORING. (a) A private electronic benefits transfer operator with which the department contracts to administer the system, shall establish procedures to maintain records that monitor all debit transactions relating to system client accounts under this section. The system operator shall deliver copies of the records to the department and the comptroller not later than the first day of each month. The department shall immediately review the records and assess the propriety of the debit transactions. (b) After reviewing the records under Subsection (a), the department shall take necessary or advisable action to ensure compliance with system rules by the system operator, retailers, and clients. (c) No later than the first day of each month, the department shall send the comptroller a report listing the accounts on which enforcement actions or other steps were taken by the department in response to the records received from the system operator under this section, and the action taken by the department. The comptroller shall promptly review the report and, as appropriate, may solicit the advice of the Medicaid and Public Assistance Fraud Oversight Task Force, the Office of Investigations and Enforcement, and the appropriate entities in the Office of the Attorney General regarding the results of the department's enforcement actions. (d) The department shall coordinate the system with data matching efforts undertaken under Chapter 22, Human Resources Code. (e) A local law enforcement agency that seizes an electronic benefits transfer card issued by the department to a recipient of an entitlement program administered by the department shall immediately notify the department of the seizure and return the card to the department. The department shall send letters to local law enforcement agencies or post materials in the buildings in which those agencies are located to ensure that local law enforcement officials are aware of this requirement. SECTION 2. WAIVER. If before implementing this Act, the Health and Human Services Commission determines that a waiver or authorization from a federal agency is necessary for implementation, the commission shall request the waiver or authorization and may delay implementing this Act until the waiver or authorization is granted. SECTION 3. REPORTING. The Health and Human Services Commission shall prepare biannual reports for delivery to the governor, lieutenant governor, speaker of the house of representatives and committees of the senate and house of representatives with jurisdiction over issues relating to state health care expenditures. SECTION 4. EFFECTIVE DATE. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2003.