Bill Text: TX SB1341 | 2021-2022 | 87th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to eligibility for certain benefits provided under public assistance programs.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2021-06-16 - Effective on 9/1/21 [SB1341 Detail]
Download: Texas-2021-SB1341-Comm_Sub.html
Bill Title: Relating to eligibility for certain benefits provided under public assistance programs.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2021-06-16 - Effective on 9/1/21 [SB1341 Detail]
Download: Texas-2021-SB1341-Comm_Sub.html
By: Springer | S.B. No. 1341 | |
(In the Senate - Filed March 10, 2021; March 18, 2021, read | ||
first time and referred to Committee on Health & Human Services; | ||
April 20, 2021, reported favorably by the following vote: Yeas 5, | ||
Nays 3; April 20, 2021, sent to printer.) | ||
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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. | ||
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