Bill Text: TX HB2954 | 2015-2016 | 84th Legislature | Introduced

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Bill Title: Relating to an electronic financial record matching program to verify the assets of certain applicants and recipients under the medical assistance program.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2015-04-08 - No action taken in committee [HB2954 Detail]

Download: Texas-2015-HB2954-Introduced.html

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84R4847 KFF-D
By: Klick H.B. No. 2954

A BILL TO BE ENTITLED
AN ACT
relating to an electronic financial record matching program to
verify the assets of certain applicants and recipients under the
medical assistance program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 32, Human Resources Code,
is amended by adding Section 32.02612 to read as follows:
Sec. 32.02612. ASSET VERIFICATION PROGRAM: ELECTRONIC
FINANCIAL RECORD MATCHING PROGRAM. (a) In this section:
(1) "Electronic financial record matching program"
means the electronic financial record matching program established
under this section.
(2) "Financial institution" means:
(A) a depository institution, as defined by
Section 3(c), Federal Deposit Insurance Act (12 U.S.C. Section
1813(c));
(B) an institution-affiliated party, as defined
by Section 3(u), Federal Deposit Insurance Act (12 U.S.C. Section
1813(u));
(C) a federal credit union or a state credit
union, as defined by Section 101, Federal Credit Union Act (12
U.S.C. Section 1752), including an institution-affiliated party of
a credit union, as defined by Section 206(r), Federal Credit Union
Act (12 U.S.C. Section 1786(r)); or
(D) any benefit association, insurance company,
safe deposit company, money-market mutual fund, or similar entity
authorized to do business in the state.
(3) "Other individual" means an individual whose
resources are required by law to be disclosed to determine the
eligibility of an applicant for or recipient of medical assistance
benefits.
(b) In accordance with 42 U.S.C. Section 1396w and subject
to the requirements of this section, the department, or an agent of
the department, shall develop and operate an electronic financial
record matching program for the purpose of verifying assets to
determine or redetermine the eligibility of an applicant for or
recipient of medical assistance benefits provided on the basis of
the applicant or recipient, as applicable, being aged or blind or
having a disability.
(c) A financial institution doing business in this state
shall comply with any request for a financial record from the
department under the electronic financial record matching program.
(d) In developing an electronic financial record matching
program, the department shall enter into an agreement with
appropriate financial institutions doing business in the state
under which:
(1) the parties agree to use electronic data
exchanges;
(2) the financial institutions, in a mutually agreed
on process, are required to provide on at least a quarterly basis
financial records necessary to verify the assets of an applicant
for or recipient of medical assistance benefits, or other
individual, including records that specify:
(A) the name or assumed names on file with
respect to the applicant, recipient, or other individual;
(B) any address on file with respect to the
applicant, recipient, or other individual;
(C) the social security number or other tax
identification number on file for the applicant, recipient, or
other individual; and
(D) any other identifying information requested
by the department; and
(3) the financial institutions are required to respond
to records requests not later than:
(A) 48 hours after a request for current
financial information is received by the institutions; and
(B) 30 days after the date a request for
historical financial information is received by the institutions.
(e) The department may receive historical financial
information under the electronic financial record matching program
for the 60-month period preceding the date of the authorization
provided in accordance with Subsection (f).
(f) Notwithstanding any other law, an applicant for or
recipient of medical assistance benefits or other individual shall,
at the time of the initial application for medical assistance
benefits or at the time of any redetermination for the continuation
of medical assistance benefits, provide, directly or through a
person acting on behalf of the applicant or recipient,
authorization for the disclosure of financial records to the
department by financial institutions under the electronic
financial record matching program. The authorization must remain in
effect as long as the recipient or, in the case of an other
individual, the recipient on whose behalf the authorization is
required by law to be provided, receives benefits under the medical
assistance program.
(g) An authorization obtained by the department:
(1) in accordance with 42 U.S.C. Section 1396w(d)(1):
(A) is considered to meet the requirements of
Section 1103(a), the Right to Financial Privacy Act of 1978 (12
U.S.C. Section 3403(a)); and
(B) does not need not be provided to the
financial institution; and
(2) in accordance with 42 U.S.C. Section 1396w(c),
remains effective until the earlier of the date of:
(A) the rendering of a final adverse decision on
an applicant's eligibility decision;
(B) the termination of a recipient's eligibility
for medical assistance benefits; or
(C) an express written revocation by the
applicant, recipient, or other individual of the authorization
provided to the department.
(h) If an applicant for or recipient of medical assistance
benefits or other individual refuses to provide or revokes an
authorization made by that person under the electronic financial
record matching program, the department may, on that basis,
determine that the applicant or recipient, as applicable, is
ineligible for benefits under the medical assistance program.
(i) The department may use information provided by a
financial institution under the electronic financial record
matching program only for verifying assets for the purpose of
determining eligibility or redetermining eligibility for medical
assistance. The department may not use or disclose information
received from a financial institution concerning account holders
who are not applicants for or recipients of medical assistance
benefits or other individuals.
(j) A financial institution, including the institution's
agent, may not use or disclose information provided to the
institution under the electronic financial record matching program
except to the extent the use or disclosure is necessary to conduct
data matches. A financial institution, including the institution's
agent, shall return, erase, or destroy all information provided to
the institution under the electronic financial record matching
program after the institution conducts data matches required under
the program.
(k) A financial institution is not liable to any person for:
(1) the disclosure of information to the department
under this section; or
(2) any other action taken in good faith to comply with
the requirements of this section.
SECTION 2. The Health and Human Services Commission shall
establish the electronic financial record matching program in
accordance with Section 32.02612, Human Resources Code, as added by
this Act, not later than January 1, 2016.
SECTION 3. Section 32.02612, Human Resources Code, as added
by this Act, applies to an initial determination or redetermination
of eligibility of a person for medical assistance under Chapter 32,
Human Resources Code, that is made on or after January 1, 2016.
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, 2015.