EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0889*
HOUSE BILL 889
J1, O1, P1 2lr2235
By: Delegates Saab and Chisholm
Introduced and read first time: February 7, 2022
Assigned to: Appropriations
A BILL ENTITLED
AN ACT concerning 1
Public Assistance Programs – Data Sharing and Review 2
(Welfare Program Integrity Act of 2022) 3
FOR the purpose of requiring the Inspector General in the Maryland Department of Health 4
and the Family Investment Administration to review certain information on a 5
certain basis; requiring the Maryland Department of Health to enter into 6
data–sharing agreements with the Division of Vital Records and the Maryland 7
Department of Labor for a certain purpose; authorizing the Maryland Department 8
of Health and the Family Investment Administration to manage and enter into 9
data–sharing agreements with certain entities for a certain purpose; requiring the 10
Family Investment Administration to enter into data–sharing agreements with the 11
Maryland Lottery and Gaming Control Agency, the Maryland Department of Health, 12
Division of Vital Records, and the Maryland Department of Labor for certain 13
purposes; and generally relating to public assistance programs, data sharing, and 14
Inspector General review. 15
BY repealing and reenacting, with amendments, 16
Article – Health – General 17
Section 2–503 18
Annotated Code of Maryland 19
(2019 Replacement Volume and 2021 Supplement) 20
BY adding to 21
Article – Health – General 22
Section 15–104.1 23
Annotated Code of Maryland 24
(2019 Replacement Volume and 2021 Supplement) 25
BY repealing and reenacting, with amendments, 26
Article – Human Services 27
Section 5–205 28 2 HOUSE BILL 889
Annotated Code of Maryland 1
(2019 Replacement Volume and 2021 Supplement) 2
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 3
That the Laws of Maryland read as follows: 4
Article – Health – General 5
2–503. 6
(a) The Inspector General: 7
(1) May investigate fraud, waste, and abuse of departmental funds; 8
(2) Shall cooperate with and coordinate investigative efforts with the 9
Medicaid Fraud Control Unit and where a preliminary investigation establishes a sufficient 10
basis to warrant referral, shall refer such matters to the Medicaid Fraud Control Unit; 11
[and] 12
(3) Shall cooperate with and coordinate investigative efforts with 13
departmental programs and other State and federal agencies to ensure a provider is not 14
subject to duplicative audits; AND 15
(4) SHALL REVIEW THE INFO RMATION SHARED IN AC CORDANCE 16
WITH § 15–104.1 OF THIS ARTICLE AND § 5–205 OF THE HUMAN SERVICES ARTICLE 17
AT LEAST QUARTERLY . 18
(b) (1) The Inspector General or a designated Assistant Inspector General may 19
subpoena any person or evidence, administer oaths, and take depositions and other 20
testimony for the purpose of investigating fraud, waste, or abuse of departmental funds. 21
(2) If a person fails to comply with a lawful order or subpoena issued under 22
this subsection, on petition of the Inspector General or a designated Assistant Inspector 23
General, a court of competent jurisdiction may compel: 24
(i) Compliance with the order or subpoena; or 25
(ii) Testimony or the production of evidence. 26
(C) NOTHING IN THIS SECTI ON MAY BE CONSTRUED TO PROHIBIT THE 27
INSPECTOR GENERAL FROM CONTRACT ING WITH AN IND EPENDENT VENDOR TO 28
PROVIDE ADDITIONAL D ATA OR INFORMATION . 29
15–104.1. 30
(A) THIS SECTION APPLIES ONLY TO: 31 HOUSE BILL 889 3
(1) MEDICAID; AND 1
(2) THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM. 2
(B) THE DEPARTMENT SHALL : 3
(1) ENTER INTO DATA –SHARING AGREEMENTS , INCLUDING BY A 4
MEMORANDUM OF UNDERS TANDING, WITH THE DIVISION OF VITAL RECORDS AND 5
THE MARYLAND DEPARTMENT OF LABOR TO IDENTIFY ANY CHANGES IN 6
CIRCUMSTANCES THAT M AY AFFECT AN INDIVID UAL’S ELIGIBILITY FOR TH E 7
PROGRAM, INCLUDING SHARING : 8
(I) DEATH RECORDS ; 9
(II) GAMBLING WINNINGS ; 10
(III) LOTTERY WINNINGS ; 11
(IV) TAX FILINGS OR INFORM ATION; AND 12
(V) INCOME RECORDS OR INF ORMATION; AND 13
(2) REVIEW ANY INFORMATIO N SHARED IN ACCORDAN CE WITH 14
PARAGRAPH (1) OF THIS SUBSECTION TO ID ENTIFY ANY CHANGES I N 15
CIRCUMSTANCES THAT M AY AFFECT AN INDIVID UAL’S ELIGIBILITY FOR TH E 16
PROGRAM: 17
(I) FOR ITEM (1)(I) THROUGH (III) OF THIS SUBSECTION , AT 18
LEAST MONTHLY ; AND 19
(II) FOR ITEM (1)(IV) AND (V) OF THIS SUBSECTION , AT LEAST 20
QUARTERLY . 21
(C) THE DEPARTMENT MAY ENTER INTO AND MANAGE DATA –SHARING 22
AGREEMENTS WITH ANY FEDERAL, STATE, OR LOCAL DEPARTMENT , AGENCY, OR 23
DIVISION OR INDEPEND ENT VENDOR IN ORDER TO PROVIDE ADDITIONA L DATA OR 24
INFORMATION RELEVANT TO THE PROVISIONS OF THIS SECTION. 25
Article – Human Services 26
5–205. 27
(a) The Administration shall be the central coordinating and directing agency of 28 4 HOUSE BILL 889
all public assistance programs in the State, including: 1
(1) the Family Investment Program and related cash benefit programs; 2
(2) public assistance to adults; 3
(3) emergency assistance; 4
(4) food stamps; 5
(5) medical assistance eligibility determinations; 6
(6) the Energy Assistance Program; 7
(7) the Temporary Disability Assistance Program; and 8
(8) any other public assistance activities financed wholly or partly by the 9
Administration. 10
(b) The Administration shall supervise, direct, and control the activities of the 11
local departments that it finances wholly or partly. 12
(c) (1) The Administration may visi t any State–aided institution, 13
organization, or agency engaged in public assistance activities and inspect thoroughly its 14
management, buildings, and equipment. 15
(2) Visits and inspections under paragraph (1) of this subsection shall be 16
made: 17
(i) at reasonably convenient hours; and 18
(ii) with reasonable regard for the established discipline, 19
regulations, and customs of the institution, organization, or agency. 20
(d) As desirable or necessary for the purpose of this title, the Administration may 21
designate existing agencies or organizations in the State as the Administration’s agents. 22
(E) (1) THIS SUBSECTION APPLIES ONLY TO: 23
(I) MEDICAID; AND 24
(II) THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM. 25
(2) THE ADMINISTRATION SHALL : 26
(I) ENTER INTO DATA –SHARING AGREEMENTS , INCLUDING BY 27 HOUSE BILL 889 5
A MEMORANDUM OF UNDE RSTANDING, WITH: 1
1. THE STATE LOTTERY AND GAMING CONTROL 2
AGENCY TO IDENTIFY IN DIVIDUALS WITH SUBST ANTIAL LOTTERY OR GA MBLING 3
WINNINGS; AND 4
2. THE MARYLAND DEPARTMENT OF HEALTH, DIVISION 5
OF VITAL RECORDS AND THE MARYLAND DEPARTMENT OF LABOR TO IDENTIFY 6
ANY CHANGES IN CIRCU MSTANCES THAT MAY AF FECT AN INDIVIDUAL ’S ELIGIBILITY 7
FOR A PUBLIC ASSISTA NCE PROGRAM LISTED U NDER SUBSECTION (A) OF THIS 8
SECTION; 9
(II) IN ACCORDANCE WITH ITEM (I) OF THIS PARAGRAPH , SHARE 10
THE FOLLOWING INFORM ATION: 11
1. DEATH RECORDS ; 12
2. GAMBLING WINNINGS ; 13
3. LOTTERY WINNINGS ; 14
4. TAX FILINGS OR INFOR MATION; AND 15
5. INCOME RECORDS OR IN FORMATION; AND 16
(III) REVIEW ANY INFORMATI ON SHARED IN ACCORDA NCE WITH 17
ITEMS (I) AND (II) OF THIS PARAGRAPH TO IDENTIFY ANY CHAN GES IN 18
CIRCUMSTANCES THAT M AY AFFECT AN INDIVID UAL’S ELIGIBILITY FOR TH E 19
PROGRAM: 20
1. FOR ITEM (II)1 THROUGH 3 OF THIS PARAGRAPH , AT 21
LEAST MONTHLY ; AND 22
2. FOR ITEM (II)4 AND 5 OF THIS PARAGRAPH , AT LEAST 23
QUARTERLY . 24
(3) THE ADMINISTRATION MAY EN TER INTO AND MANAGE 25
DATA–SHARING AGREEMENTS W ITH ANY FEDERAL, STATE, OR LOCAL DEPARTMENT , 26
AGENCY, OR DIVISION OR INDEP ENDENT VENDOR IN ORD ER TO PROVI DE 27
ADDITIONAL DATA OR I NFORMATION RELEVANT TO THE PROVISIONS OF THIS 28
SUBSECTION. 29
[(e)] (F) Before the start of each regular session of the General Assembly, the 30 6 HOUSE BILL 889
Administration shall submit a report of its activities to the Governor. 1
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 2
October 1, 2022. 3