HLS 202ES-47 ENGROSSED 2020 Second Extraordinary Session HOUSE BILL NO. 66 BY REPRESENTATIVE BEAULLIEU UNEMPLOYMENT COMP: Provides relative to the state's unemployment insurance program and data sharing (Item #64) 1 AN ACT 2To enact R.S. 23:1605, relative to unemployment compensation; to provide for definitions; 3 to require the Louisiana Workforce Commission to conduct certain checks with 4 respect to unemployment compensation; to provide for data sharing; to require 5 annual reports; to provide for the promulgation of rules; and to provide for related 6 matters. 7Be it enacted by the Legislature of Louisiana: 8 Section 1. R.S. 23:1605 is hereby enacted to read as follows: 9 ยง1605. Unemployment insurance integrity program 10 A. For the purpose of this Section, the following terms have the meanings 11 ascribed to them: 12 (1) "Department" means the Louisiana Workforce Commission. 13 (2) "Integrity Data Hub" means the centralized, multi-state data analysis tool 14 utilized by the National Association of State Workforce Agencies, which allows 15 participating state unemployment insurance agencies to cross-match unemployment 16 insurance claims against a database of information associated with potentially 17 fraudulent claims or overpayments. 18 (3) "National Directorate of New Hires" means the database that stores 19 personal and financial data on employed individuals across the country and contains 20 information and data on individuals receiving unemployment compensation. Page 1 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 202ES-47 ENGROSSED HB NO. 66 1 (4) "New hire records" means the directory of newly hired and re-hired 2 employees reported under state and federal law and managed by the Louisiana 3 Workforce Commission. 4 (5) "Unemployment insurance rolls" means unemployed workers receiving 5 unemployment insurance in the state. 6 B. The department shall be tasked with the responsibility of enhancing the 7 integrity of the state's unemployment insurance program. 8 C. To ensure the integrity of the unemployment insurance program and to 9 verify eligibility and to prevent fraudulent filing and payment of claims, the 10 department is required to do all of the following: 11 (1) The department shall utilize the Integrity Data Hub or may use other 12 commercially available database solutions to check new hire records against the 13 state's unemployment insurance rolls on a weekly basis. 14 (2) The department, on a weekly basis, is required to check new hire records 15 against the National Directorate of New Hires. 16 (3) The department is required to check the Integrity Data Hub and National 17 Directorate of New Hires against federal, state, and local prison and jail records. 18 (4) The department, on a weekly basis, is required to check the 19 unemployment insurance rolls against the Louisiana Department of Public Safety and 20 Corrections' list of incarcerated individuals. 21 D. When the department receives information concerning an individual who 22 is participating in the unemployment compensation insurance program that indicates 23 a change in circumstances that may affect his eligibility, the department shall review 24 the individual's case and make a final determination of his eligibility in accordance 25 with the provisions in R.S. 23:1600 and 1601. 26 E. Pursuant to the performance of all cross-match activities required by this 27 Section, the Louisiana Workforce Commission shall provide to the legislature a 28 report on or before June thirtieth annually. The report shall include all of the 29 following: Page 2 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 202ES-47 ENGROSSED HB NO. 66 1 (1) The department's rate of consistency in performing the weekly checks 2 against the Integrity Data Hub and National Directorate of New Hires. 3 (2) The type and amount of improper payments detected retroactively. 4 (3) The type and amount of improper payments prevented. 5 (4) The dollar amount the state has saved in preventing improper payments 6 and, if any, in recuperating improper payments. 7 F. The department shall have the authority to execute a memorandum of 8 understanding with any state department, agency, or division for data that is 9 necessary to carry out the purposes of this Section. 10 G. The Louisiana Workforce Commission shall promulgate all rules and 11 regulations necessary for the purposes of carrying out the provisions of this Section. 12 Section 2.(A) This Act shall be known and may be cited as the "Unemployment 13Insurance Program Integrity Act of 2020". 14 (B) The purpose of this Act is to enhance program integrity for the state's 15unemployment insurance program. 16 Section 3. This Act shall become effective January 1, 2021. DIGEST The digest printed below was prepared by House Legislative Services. It constitutes no part of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)] HB 66 Engrossed 2020 Second Extraordinary Session Beaullieu Abstract: Provides relative to the state's unemployment insurance program by implementing an unemployment insurance integrity program and data sharing. Proposed law defines terms for the purposes of proposed law. Proposed law provides that the La. Workforce Commission (LWC) shall be tasked with the responsibility of enhancing the integrity of the state's unemployment insurance program. Proposed law provides that in order to ensure the integrity of the unemployment insurance program and to verify eligibility to prevent fraudulent filing and payment of claims, LWC is required to do all of the following: (1) LWC shall utilize the Integrity Data Hub or may use other commercially available database solutions to check new hire records against the state's unemployment insurance rolls on a weekly basis. Page 3 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 202ES-47 ENGROSSED HB NO. 66 (2) LWC, on a weekly basis, is required to check new hire records against the National Directorate of New Hires. (3) LWC is required to check the Integrity Data Hub and National Directorate of New Hires against federal, state, and local prison and jail records. (4) LWC, on a weekly basis, is required to check the unemployment insurance rolls against the La. Dept. of Public Safety and Corrections' list of incarcerated individuals. Proposed law provides when LWC receives information concerning an individual who is participating in the unemployment compensation insurance program that indicates a change in circumstances that may affect his eligibility, LWC shall review the individual's case and make a final determination of his eligibility in accordance with the provisions in present law. Proposed law requires LWC to provide an annual report to the legislature to include all of the following: (1) The department's rate of consistency in performing the weekly checks against the Integrity Data Hub and National Directorate of New Hires. (2)The type and amount of improper payments detected retroactively. (3)The type and amount of improper payments prevented. (4)The dollar amount the state has saved in preventing improper payments and, if any, in recuperating improper payments. Proposed law provides that LWC shall be the authority to execute a memorandum of understanding with any, within reason, state department, agency, or division for data that is necessary to carry out the purposes outlined in proposed law. Proposed law provides that LWC shall promulgate all rules and regulations necessary for the purposes of carrying out the provisions under proposed law. Proposed law provides that proposed law shall be known and may be cited as the "Unemployment Insurance Program Integrity Act of 2020" and that the purpose of proposed law is to enhance program integrity for the state's unemployment insurance program. Effective Jan. 1, 2021. (Adds R.S. 23:1605) Summary of Amendments Adopted by House The Committee Amendments Proposed by House Committee on Labor and Industrial Relations to the original bill: 1. Make technical changes. 2. Authorize LWC to use other commercially available database solutions to check new hire records. 3. Require annual reporting of certain indicators to the legislature. Page 4 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions.