By: Nelson S.B. No. 46
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of a method to integrate benefits
issuance and recipient identification for health and human services
programs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 531, Government Code, is
amended by adding Section 531.080 to read as follows:
Sec. 531.080. INTEGRATED BENEFITS ISSUANCE. (a) The
commission may develop and implement a method to consolidate, to
the extent possible, recipient identification and benefits
issuance for the commission and health and human services agencies
if the commission determines that the implementation would be
feasible and cost-effective.
(b) The method may:
(1) provide for the use of a single integrated
benefits issuance card or multiple cards capable of integrating
benefits issuance or other program functions;
(2) incorporate a fingerprint image identifier to
enable personal identity verification at a point of service and
reduce fraud as permitted by Section 531.1063;
(3) enable immediate electronic verification of
recipient eligibility; and
(4) replace multiple forms, cards, or other methods
used for fraud reduction or provision of health and human services
benefits, including:
(A) electronic benefits transfer cards; and
(B) smart cards used in the Medicaid program.
(c) In developing and implementing the method, the
commission shall:
(1) to the extent possible, use industry-standard
communication, messaging, and electronic benefits transfer
protocols;
(2) ensure that all identifying and descriptive
information of recipients of each health and human services program
included in the method can only be accessed by providers or other
entities participating in the particular program;
(3) ensure that a provider or other entity
participating in a health and human services program included in
the method cannot identify whether a recipient of the program is
receiving benefits under another program included in the method;
and
(4) ensure that the storage and communication of all
identifying and descriptive information included in the method
complies with existing federal and state privacy laws governing
individually identifiable information for recipients of public
benefits programs.
SECTION 2. (a) Not later than January 1, 2006, the Health
and Human Services Commission shall assess the feasibility and
cost-effectiveness of using a single integrated benefits issuance
card, multiple cards, or another method for consolidating recipient
identification and benefits issuance for various health and human
services programs, including:
(1) the financial assistance program under Chapter 31,
Human Resources Code;
(2) the medical assistance program under Chapter 32,
Human Resources Code;
(3) the nutritional assistance programs under Chapter
33, Human Resources Code; and
(4) the special supplemental nutrition program for
women, infants, and children authorized by 42 U.S.C. Section 1786.
(b) In conducting the assessment, the Health and Human
Services Commission may consider information obtained from:
(1) the Medicaid fraud reduction pilot program
required by Section 531.1063, Government Code;
(2) the Texas Integrated Enrollment Services
eligibility determination system; and
(3) the state's electronic benefits transfer system.
(c) The Health and Human Services Commission may require any
health and human services agency and the Department of Information
Resources to assist the commission in performing its duties under
this section.
SECTION 3. Not later than July 1, 2006, the Health and Human
Services Commission shall report the findings of the assessment
required by Section 2 of this Act to the clerks of the standing
committees of the senate and house of representatives having
jurisdiction over health and human services issues.
SECTION 4. If before implementing any provision of this Act
a state agency determines that a waiver or authorization from a
federal agency is necessary for implementation of that provision,
the agency affected by the provision shall request the waiver or
authorization and may delay implementing that provision until the
waiver or authorization is granted.
SECTION 5. 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, 2005.