MD
Maryland House Bill HB1402

Maryland 2025 Regular Session

Maryland House Bill HB1402 Compare Versions

Only one version of the bill is available at this time.
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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW.
44 [Brackets] indicate matter deleted from existing law.
55 *hb1402*
66
77 HOUSE BILL 1402
88 J1, O1, P1 5lr3309
99
1010 By: Delegates Grammer, Arikan, Beauchamp, Chisholm, Fisher, M. Morgan,
1111 Nawrocki, and Szeliga
1212 Introduced and read first time: February 7, 2025
1313 Assigned to: Appropriations and Health and Government Operations
1414
1515 A BILL ENTITLED
1616
1717 AN ACT concerning 1
1818
1919 Maryland Department of Health and Department of Human Services – Public 2
2020 Benefits – Prevention of Waste, Fraud, and Abuse 3
2121
2222 FOR the purpose of requiring the Maryland Department of Health and the Department of 4
2323 Human Services to enter into certain data–sharing agreements with certain agencies 5
2424 to conduct certain reviews related to eligibility for and use of certain public benefits; 6
2525 requiring the Maryland Department of Health to seek approval for a certain waiver 7
2626 to impose a certain lockout period on certain individuals who fail to report a change 8
2727 in eligibility for the Maryland Medical Assistance Program; requiring the 9
2828 Department of Human Services, in consultation with law enforcement agencies, to 10
2929 conduct annual inspections of certain retail facilities; and generally relating to the 11
3030 review of public assistance programs. 12
3131
3232 BY repealing and reenacting, without amendments, 13
3333 Article – Health – General 14
3434 Section 15–101(a), (h), and (i) 15
3535 Annotated Code of Maryland 16
3636 (2023 Replacement Volume and 2024 Supplement) 17
3737
3838 BY adding to 18
3939 Article – Health – General 19
4040 Section 15–123.1 20
4141 Annotated Code of Maryland 21
4242 (2023 Replacement Volume and 2024 Supplement) 22
4343
4444 BY repealing and reenacting, with amendments, 23
4545 Article – Human Services 24
4646 Section 5–501 25
4747 Annotated Code of Maryland 26
4848 (2019 Replacement Volume and 2024 Supplement) 27 2 HOUSE BILL 1402
4949
5050
5151
5252 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
5353 That the Laws of Maryland read as follows: 2
5454
5555 Article – Health – General 3
5656
5757 15–101. 4
5858
5959 (a) In this title the following words have the meanings indicated. 5
6060
6161 (h) “Program” means the Maryland Medical Assistance Program. 6
6262
6363 (i) “Program recipient” means an individual who receives benefits under the 7
6464 Program. 8
6565
6666 15–123.1. 9
6767
6868 (A) THE DEPARTMENT SHALL ESTABLISH MEMORANDUM S OF 10
6969 UNDERSTANDING WITH F EDERAL AND STATE AGENCIES TO FAC ILITATE 11
7070 DATA–SHARING IN ORDER TO CONDUCT: 12
7171
7272 (1) MONTHLY DEATH RECORD REVIEWS, USING THE VITAL 13
7373 STATISTICS ADMINISTRATION DATABA SE TO IDENTIFY DECEA SED INDIVIDUALS 14
7474 WHO ARE PROGRAM RECIPIENTS; 15
7575
7676 (2) QUARTERLY REVIEWS , IN CONSULTATION WITH THE MARYLAND 16
7777 DEPARTMENT OF LABOR, TO DETERMINE THE EFFECT OF EMPLOYMENT OR WAGE 17
7878 CHANGES ON THE CONTINUING EL IGIBILITY OF PROGRAM RECIPIENTS ; 18
7979
8080 (3) QUARTERLY REVIEWS OF TAX FILINGS FROM THE COMPTROLLE R 19
8181 TO VERIFY INCOME AND RESIDENCY CHANGES OF PROGRAM RECIPIENTS ; 20
8282
8383 (4) NOTWITHSTANDING § 15–113 OF THIS SUBTITLE, MONTHLY 21
8484 REVIEWS OF INCARCERATED INDIVIDUALS, IN CONSULTATION WITH THE 22
8585 DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES, TO ENSURE 23
8686 THAT INCARCERATED INDIVID UALS ARE NOT RECEIVING BENEFITS U NDER THE 24
8787 PROGRAM; AND 25
8888
8989 (5) TWICE MONTHLY REVIEWS OF UNEMPLOYMENT INSURAN CE 26
9090 BENEFITS RECORDS, IN CONSULTATION WITH THE MARYLAND DEPARTMENT OF 27
9191 LABOR, TO VERIFY CHANGES IN EMPLOYMENT OR INCOME THAT MIGHT AFFECT TH E 28
9292 CONTINUING ELIGIBILITY OF PROGRAM RECIPIENTS USING: 29
9393
9494 (I) SOCIAL SECURITY ADMINISTRATION EARNIN GS AND DEATH 30
9595 RECORDS; 31 HOUSE BILL 1402 3
9696
9797
9898
9999 (II) U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES 1
100100 NATIONAL DIRECTORY OF NEW HIRES; 2
101101
102102 (III) U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES 3
103103 CHILD SUPPORT ENFORC EMENT RECORDS ; 4
104104
105105 (IV) U.S. DEPARTMENT OF HOUSING AND URBAN 5
106106 DEVELOPMENT PAYMENT A ND EARNINGS DATA ; AND 6
107107
108108 (V) FEDERAL BUREAU OF INVESTIGATION NATIONAL INSTANT 7
109109 CRIMINAL BACKGROUND CHECK SYSTEM RECORDS OF FUG ITIVES FROM JUSTICE . 8
110110
111111 (B) WHEN DETERMINING PROGRAM ELIGIBILITY , THE DEPARTMENT MAY 9
112112 NOT ACCEPT SELF –ATTESTATION OF INCOM E, RESIDENCY, HOUSEHOLD 10
113113 COMPOSITION , OR OTHER ELIGIBILITY FACTORS, UNLESS REQUIRED BY F EDERAL 11
114114 LAW. 12
115115
116116 (C) THE DEPARTMENT SHALL SEEK APPROVAL FROM THE CENTERS FOR 13
117117 MEDICARE AND MEDICAID SERVICES FOR A § 1115 WAIVER TO IMPOSE A 6–MONTH 14
118118 LOCKOUT PERIOD FOR A PROGRAM RECIPIENT WHO: 15
119119
120120 (1) IS AT LEAST 19 YEARS OLD AND UNDER THE AGE OF 65 YEARS; 16
121121
122122 (2) FAILS TO REPORT A CHA NGE IN ELIGIBILITY; AND 17
123123
124124 (3) IS NOT: 18
125125
126126 (I) DESIGNATED AS DISABLED BY A GOVERN MENT ENTITY; OR 19
127127
128128 (II) PREGNANT. 20
129129
130130 (D) THE DEPARTMENT AND THE STATE LOTTERY AND GAMING CONTROL 21
131131 AGENCY SHALL ENTER INTO AN AGREEMENT TO IDEN TIFY THE NAME S OF EACH 22
132132 PROGRAM RECIPIENT WHO HAS WON A PRIZE O F $3,000 OR MORE. 23
133133
134134 (E) THE DEPARTMENT SHALL PUBL ISH ON ITS WEBSITE QUARTERLY 24
135135 REPORTS ON INVESTIGA TIONS AND COMPLIANCE FINDINGS RELATING TO PROGRAM 25
136136 FRAUD, INCLUDING: 26
137137
138138 (1) THE NUMBER OF CASES INVES TIGATED; 27
139139
140140 (2) THE NUMBER OF CASES REFERRED FO R PROSECUTION ; AND 28 4 HOUSE BILL 1402
141141
142142
143143
144144 (3) THE PERCENTAGE OF INELIGIBLE PROGRAM RECIPIENTS 1
145145 IDENTIFIED. 2
146146
147147 (F) THE DEPARTMENT SHALL ADOPT REGULATIONS TO CARRY OUT THIS 3
148148 SECTION. 4
149149
150150 Article – Human Services 5
151151
152152 5–501. 6
153153
154154 (a) (1) The Department may implement a Supplemental Nutrition Assistance 7
155155 Program in accordance with the federal Supplemental Nutrition Assistance Program. 8
156156
157157 (2) The Supplemental Nutrition Assistance Program shall include: 9
158158
159159 (i) a Restaurant Meals Program in accordance with § 5–505 of this 10
160160 subtitle; and 11
161161
162162 (ii) a Heat and Eat Program in accordance with § 5–506 of this 12
163163 subtitle. 13
164164
165165 (b) The State shall bear the nonfederal portion of the administrative costs of the 14
166166 Supplemental Nutrition Assistance Program for each county. 15
167167
168168 (c) Each local department shall administer the Supplemental Nutrition 16
169169 Assistance Program: 17
170170
171171 (1) under the supervision and control of the Department; and 18
172172
173173 (2) in accordance with the regulations of the Department and federal law. 19
174174
175175 (d) If a household includes an individual who is at least 60 years old and receives 20
176176 a federally funded benefit in an amount less than $50 per month under the Supplemental 21
177177 Nutrition Assistance Program, the State shall provide a supplement to increase the total 22
178178 benefit to $50 per month. 23
179179
180180 (E) (1) IN THIS SUBSECTION , “PUBLIC ASSISTANCE” MEANS BENEFITS 24
181181 PROVIDED UNDER THE SUPPLEMEN TAL NUTRITION ASSISTANCE PROGRAM. 25
182182
183183 (2) THE DEPARTMENT SHALL ESTA BLISH MEMORANDUMS OF 26
184184 UNDERSTANDING WITH F EDERAL AND STATE AGENCIES TO FAC ILITATE 27
185185 DATA–SHARING IN ORDER TO CONDUCT: 28
186186 HOUSE BILL 1402 5
187187
188188
189189 (I) MONTHLY DEATH RECORD REVIEWS USING THE VITAL 1
190190 STATISTICS ADMINISTRATION DATABA SE TO IDENTIFY DECEA SED INDIVIDUALS 2
191191 RECEIVING PUBLIC ASSISTANCE ; 3
192192
193193 (II) QUARTERLY REVIEWS, IN CONSULTATION WITH THE 4
194194 MARYLAND DEPARTMENT OF LABOR, TO DETERMINE THE EFF ECT OF EMPLOYMENT 5
195195 OR WAGE CHANGES OF HOUSEHOLDS RECEIVING PUBLIC ASSISTANCE ; 6
196196
197197 (III) MONTHLY REVIEWS OF OUT –OF–STATE ELECTRONIC 7
198198 BENEFITS TRANSFER CARD TRANSACTIONS TO VERIFY THAT INDIVIDUALS 8
199199 RECEIVING PUBLIC ASSISTANCE RESIDE IN THE STATE; 9
200200
201201 (IV) QUARTERLY REVIEWS OF TAX FILIN GS FROM THE 10
202202 COMPTROLLER TO IDENTIFY INCOME CHANGES OF HOUSEHOLDS RECEIVING 11
203203 PUBLIC ASSISTANCE ; 12
204204
205205 (V) MONTHLY REVIEWS OF INCARCERA TED INDIVIDUALS , IN 13
206206 CONSULTATION WITH TH E DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL 14
207207 SERVICES, TO ENSURE THAT INCAR CERATED INDIVIDUALS ARE NOT RECEIVING 15
208208 PUBLIC ASSISTANCE ; AND 16
209209
210210 (VI) TWICE MONTHLY REVIEWS OF UNEMPLOYMENT INSU RANCE 17
211211 BENEFITS, IN CONSULTATION WITH THE MARYLAND DEPARTMENT OF LABOR, TO 18
212212 VERIFY CHANGES IN EM PLOYMENT OR INCOME E LIGIBILITY OF A HOUSEHOLD 19
213213 RECEIVING PUBLIC ASS ISTANCE USING THE FOLLOWING : 20
214214
215215 1. SOCIAL SECURITY ADMINISTRATION EARNIN GS AND 21
216216 DEATH RECORDS ; 22
217217
218218 2. U.S. DEPARTMENT OF HEALTH AND HUMAN 23
219219 SERVICES NATIONAL DIRECTORY OF NEW HIRES; 24
220220
221221 3. U.S. DEPARTMENT OF HEALTH AND HUMAN 25
222222 SERVICES CHILD SUPPOR T ENFORCEMENT RECORD S; 26
223223
224224 4. U.S. DEPARTMENT OF HOUSING AND URBAN 27
225225 DEVELOPMENT PAYMENT A ND EARNINGS DATA ; AND 28
226226
227227 5. FEDERAL BUREAU OF INVESTIGATION NATIONAL 29
228228 INSTANT CRIMINAL BACKGROUND CHECK SYSTEM RECORDS OF FUG ITIVES FROM 30
229229 JUSTICE. 31
230230 6 HOUSE BILL 1402
231231
232232
233233 (3) (I) WHEN DETERMINING ELIG IBILITY FOR PUBLIC 1
234234 ASSISTANCE, THE DEPARTMENT MAY NOT APPLY CATEGORICAL EL IGIBILITY UNDER 2
235235 7 U.S.C. § 2014(A), UNLESS REQUIRED BY F EDERAL LAW. 3
236236
237237 (II) WHEN DETERMINING ELIGIBIL ITY FOR PUBLIC 4
238238 ASSISTANCE, THE DEPARTMENT MAY NOT APPLY A HIGHER GROSS INCOME 5
239239 ELIGIBILITY STANDARD THAN THE GR OSS INCOME ELIGIBILI TY UNDER 7 U.S.C. § 6
240240 2014(C), UNLESS REQUIRED BY F EDERAL LAW. 7
241241
242242 (4) A HOUSEHOLD ELIGIBLE T O RECEIVE PUBLIC ASSISTANCE UNDER 8
243243 FEDERAL AND STATE LAW SHALL REPOR T A CHANGE IN CIRCUM STANCES 9
244244 AFFECTING ELIGIBILIT Y WITHIN 10 DAYS AFTER THE CHANGE OCC URRED, IN 10
245245 ACCORDANCE WITH 7 C.F.R. § 273.12(A)(1). 11
246246
247247 (5) THE DEPARTMENT , IN CONSULTATION WITH LAW ENFORCEMENT 12
248248 AGENCIES, SHALL CONDUCT ANNUAL ON–SITE INSPECTIONS OF RETAIL FACILITIES 13
249249 ACCEPTING ELECTRONIC BENEFITS TRANSFER CARD TRANSACTIONS TO IDEN TIFY 14
250250 POTENTIAL FRAUD . 15
251251
252252 (6) (I) THE DEPARTMENT AND THE STATE LOTTERY AND GAMING 16
253253 CONTROL AGENCY SHALL ENTER INTO AN AGREEMENT TO IDENTIFY THE NAMES O F 17
254254 EACH PUBLIC ASSISTANCE RECIPIENT WHO HAS WO N A PRIZE OF $3,000 OR MORE. 18
255255
256256 (II) THE DEPARTMENT SHALL INVE STIGATE WHETHER A 19
257257 HOUSEHOLD EXCEEDS RE SOURCE ELIGIBILITY U NDER 7 C.F.R. § 273.8(B). 20
258258
259259 (7) THE DEPARTMENT SHALL PUBL ISH ON ITS WEBSITE QUARTERLY 21
260260 REPORTS ON INVESTIGA TIONS AND COMPLIANCE FINDINGS RELATING TO 22
261261 SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM FRAUD , INCLUDING: 23
262262
263263 (I) THE NUMBER OF HOUSEH OLDS INVESTIGATED ; 24
264264
265265 (II) THE NUMBER OF INDIVI DUALS REFERRED FOR 25
266266 PROSECUTION ; 26
267267
268268 (III) THE TOTAL NUMBER AND AMOUNT OF IMPROPER P AYMENTS 27
269269 RECOVERED ; 28
270270
271271 (IV) THE PERCENTAGE OF IN ELIGIBLE RECIPIENTS IDENTIFIED; 29
272272 AND 30
273273
274274 (V) THE TOTAL EXPENDITUR E OF FUNDS ON OUT –OF–STATE 31
275275 ELECTRONIC BENEFITS TRANSFER CARD TRANSAC TIONS. 32 HOUSE BILL 1402 7
276276
277277
278278
279279 (8) THE DEPARTMENT SHAL L ADOPT REGULATIONS TO CARRY OUT 1
280280 THIS SECTION. 2
281281
282282 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 3
283283 1, 2025. 4