Bill Text: MS HB1302 | 2012 | Regular Session | Introduced
Bill Title: Public assistance benefits; combined incomes of all persons in same household used to determine eligibility for.
Spectrum: Partisan Bill (Republican 12-0)
Status: (Failed) 2012-03-06 - Died In Committee [HB1302 Detail]
Download: Mississippi-2012-HB1302-Introduced.html
MISSISSIPPI LEGISLATURE
2012 Regular Session
To: Public Health and Human Services; Appropriations
By: Representatives Lott, Baker, Boyd, Busby, Carpenter, Chism, Formby, Massengill, Moore, Pigott, Shirley, Turner
House Bill 1302
AN ACT TO PROVIDE THAT WHEN CALCULATING A PERSON'S INCOME FOR THE PURPOSES OF DETERMINING ELIGIBILITY FOR PUBLIC ASSISTANCE BENEFITS, THE COMBINED INCOMES OF THE OTHER PERSONS WHO RESIDE IN THE SAME HOUSEHOLD WITH THE RECIPIENT OF OR APPLICANT FOR BENEFITS, WHETHER RELATED TO THE RECIPIENT OR APPLICANT OR NOT, SHALL BE CONSIDERED AS THE INCOME OF THE RECIPIENT OR APPLICANT; TO PROVIDE THAT IN ORDER TO DETERMINE THE PLACE OF RESIDENCE AND THE AMOUNT OF INCOME OF PERSONS WHO RESIDE IN THE SAME HOUSEHOLD WITH THE RECIPIENT OR APPLICANT, THE ADMINISTERING AGENCY SHALL OBTAIN AND USE INFORMATION FROM THE DEPARTMENT OF REVENUE ABOUT THE PLACE OF RESIDENCE AND THE AMOUNT OF INCOME THAT THOSE PERSONS REPORTED ON THEIR STATE INCOME TAX RETURNS, AND ALSO SHALL OBTAIN AND USE ALL INFORMATION THAT IS AVAILABLE TO OTHER STATE AGENCIES ABOUT THE PLACE OF RESIDENCE AND THE AMOUNT OF INCOME OF THOSE PERSONS; TO PROVIDE THAT INFORMATION OBTAINED FROM THE DEPARTMENT OF REVENUE OR OTHER STATE AGENCY ABOUT THE PLACE OF RESIDENCE AND/OR THE AMOUNT OF INCOME OF ANY PERSON WHO RESIDES IN THE SAME HOUSEHOLD WITH THE RECIPIENT OR APPLICANT THAT THE PERSON HAS REPORTED TO THE STATE AGENCY ON A STATE INCOME TAX RETURN, AN APPLICATION OR OTHER FORM SHALL BE PRESUMED TO BE ACCURATE; TO PROVIDE THAT IF THE RECIPIENT OR APPLICANT DISPUTES THE ACCURACY OF THE REPORTED PLACE OF RESIDENCE AND/OR AMOUNT OF INCOME, THE BURDEN OF PROOF IS ON THE RECIPIENT OR APPLICANT TO PROVE THE ACCURATE PLACE OF RESIDENCE AND/OR AMOUNT OF INCOME TO THE ADMINISTERING AGENCY; TO DIRECT THE ADMINISTERING AGENCIES TO APPLY FOR FEDERAL WAIVERS TO ALLOW FOR THE IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) As used in this section:
(a) "Administering agency" means the Department of Human Services, with regard to the Temporary Assistance to Needy Families (TANF) program and any other program of economic assistance payments or services provided by the Department of Human Services that are funded, in whole or in part, with state funds, or the Division of Medicaid, with regard to the Medicaid program.
(b) "Public assistance benefits" means any payments or grants under the TANF program, any other economic assistance payments or services provided by the Department of Human Services that are funded, in whole or in part, with state funds, and medical assistance services under the Medicaid program.
(2) When calculating a person's income for the purposes of determining eligibility for public assistance benefits, the administering agency shall consider the income of each of the persons who reside in the same household with the recipient of or applicant for benefits, whether related to the recipient or applicant or not, and the combined incomes of all of those persons in the same household shall be considered as the income of the recipient or applicant. If there is more than one (1) recipient of or applicant for the same public assistance benefits in the same household, the combined incomes of the other persons in the household who are not recipients of or applicants for the same benefits shall be divided by the number of recipients and/or applicants, and the resulting amount shall be considered as the income of each recipient and/or applicant.
(3) In order to determine and verify the place of residence and the amount of income of persons who reside in the same household with the recipient of or applicant for public assistance benefits, the administering agency shall obtain and use information from the Department of Revenue about the place of residence and the amount of income that those persons reported on their state income tax returns. In addition, the administering agency shall obtain and use all information that is available to other state agencies about the place of residence and the amount of income of persons who reside in the same household with the recipient of or applicant for public assistance benefits, and the other state agencies shall cooperate with the administering agency in providing that information.
(4) If the administering agency obtains information from the Department of Revenue or other state agency about the place of residence and/or the amount of income of any person who resides in the same household with the recipient of or applicant for public assistance benefits, which the person has reported to the state agency on a state income tax return, an application or other form, then the place of residence and/or the amount of income reported by the person shall be presumed to be accurate. If the recipient of or applicant for public assistance benefits disputes the accuracy of the reported place of residence and/or amount of income, the burden of proof is on the recipient or applicant to prove the accurate place of residence and/or amount of income to the administering agency.
(5) Each administering agency shall apply to the United States Secretary of Health and Human Services for federal waivers of the applicable provisions of federal law and regulations as necessary to allow for the implementation of this section. The provisions of this section shall be implemented by each respective administering agency from and after the date that the administering agency receives the federal waivers applicable to the programs administered by the agency, and shall implement this section to the maximum extent allowed by the provisions of the federal waivers.
SECTION 2. This act shall take effect and be in force from and after July 1, 2012.
