Bill Text: TX SB1341 | 2021-2022 | 87th Legislature | Engrossed


Bill Title: Relating to eligibility for certain benefits provided under public assistance programs.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed) 2021-05-13 - Reported favorably w/o amendment(s) [SB1341 Detail]

Download: Texas-2021-SB1341-Engrossed.html
 
 
  By: Springer S.B. No. 1341
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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 [Medicaid] recipient of benefits under a public assistance
  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 [for Medicaid], the electronic data
  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
  [Medicaid].
         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.
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