| 87R8969 KKR-D | ||
| By: Springer | S.B. No. 1341 | |
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| relating to eligibility for certain benefits provided under public | ||
| assistance programs. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter C, Chapter 531, Government Code, is | ||
| amended by adding Section 531.1081 to read as follows: | ||
| Sec. 531.1081. INTEGRITY OF CERTAIN PUBLIC ASSISTANCE | ||
| PROGRAMS. (a) In this section: | ||
| (1) "Financial assistance benefits" means money | ||
| payments under the federal Temporary Assistance for Needy Families | ||
| program operated under Chapter 31, Human Resources Code, or under | ||
| the state temporary assistance and support services program | ||
| operated under Chapter 34, Human Resources Code. | ||
| (2) "Supplemental nutrition assistance benefits" | ||
| means money payments under the supplemental nutrition assistance | ||
| program operated under Chapter 33, Human Resources Code. | ||
| (b) To the extent not otherwise provided by this subtitle or | ||
| Title 2, Human Resources Code, the commission shall develop and | ||
| implement, in accordance with this section, methods for reducing | ||
| abuse, fraud, and waste in public assistance programs. | ||
| (c) On a monthly basis, the commission shall: | ||
| (1) conduct electronic data matches with the Texas | ||
| Lottery Commission to determine if a recipient of supplemental | ||
| nutrition assistance benefits or a recipient's household member | ||
| received reportable lottery winnings; | ||
| (2) use the database system developed under Section | ||
| 531.0214 to match vital statistics unit death records with a list of | ||
| individuals eligible for financial assistance or supplemental | ||
| nutrition assistance benefits, and ensure that any individual | ||
| receiving assistance under either program who is discovered | ||
| deceased has their eligibility for assistance promptly terminated; | ||
| and | ||
| (3) review the out-of-state electronic benefit | ||
| transfer card transactions made by a recipient of supplemental | ||
| nutrition assistance benefits to determine whether those | ||
| transactions indicate a possible change in the recipient's | ||
| residence. | ||
| (d) The commission shall immediately review the eligibility | ||
| of a recipient of public assistance benefits if the commission | ||
| discovers information under this section that affects the | ||
| recipient's eligibility. | ||
| (e) A recipient who fails to disclose lottery winnings that | ||
| are required to be reported to the commission under a public | ||
| assistance program presumptively commits a program violation. | ||
| (f) The executive commissioner shall adopt rules necessary | ||
| to implement this section. | ||
| SECTION 2. Section 531.110, Government Code, is amended by | ||
| amending Subsections (a), (b), and (e) and adding Subsections (a-1) | ||
| and (c-1) to read as follows: | ||
| (a) In this section, "public assistance program" includes: | ||
| (1) Medicaid; | ||
| (2) the financial assistance program under Chapter 31, | ||
| Human Resources Code; and | ||
| (3) a nutritional assistance program under Chapter 33, | ||
| Human Resources Code, including the supplemental nutrition | ||
| assistance program under that chapter. | ||
| (a-1) The commission shall conduct electronic data matches | ||
| for a [ |
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| program at least quarterly to verify the identity, income, | ||
| employment status, and other factors that affect the eligibility of | ||
| the recipient. | ||
| (b) To verify eligibility of a recipient of public | ||
| assistance program benefits [ |
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| matching must match information provided by the recipient with | ||
| information contained in databases maintained by appropriate | ||
| federal and state agencies. | ||
| (c-1) The commission shall enter into a memorandum of | ||
| understanding with each state agency from which data is required to | ||
| conduct electronic data matches under this section and Section | ||
| 531.1081. | ||
| (e) The executive commissioner shall establish procedures | ||
| by which the commission, or a health and human services agency | ||
| designated by the commission, verifies the electronic data matches | ||
| conducted by the commission under this section. Not later than the | ||
| 20th day after the date the electronic data match is verified, the | ||
| commission shall remove from eligibility a recipient who is | ||
| determined to be ineligible for a public assistance program | ||
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| SECTION 3. Subchapter B, Chapter 32, Human Resources Code, | ||
| is amended by adding Section 32.026101 to read as follows: | ||
| Sec. 32.026101. DETERMINATION OF ELIGIBILITY BY HEALTH CARE | ||
| EXCHANGES PROHIBITED. (a) The commission may not accept Medicaid | ||
| eligibility determinations from an exchange established under 42 | ||
| U.S.C. Section 18041(c). | ||
| (b) The commission may accept eligibility assessments from | ||
| an exchange, but the commission must determine the eligibility of | ||
| an individual for Medicaid. | ||
| 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 September 1, 2021. | ||