North Carolina 2025-2026 Regular Session

North Carolina House Bill H640 Latest Draft

Bill / Amended Version Filed 04/02/2025

                            GENERAL ASSEMBLY OF NORTH CAROLINA 
SESSION 2025 
H 	1 
HOUSE BILL 640 
 
 
Short Title: Public Assistance Verification Enhancements. 	(Public) 
Sponsors: Representative Stevens. 
For a complete list of sponsors, refer to the North Carolina General Assembly web site. 
Referred to: Judiciary 2, if favorable, Health, if favorable, Rules, Calendar, and Operations of 
the House 
April 2, 2025 
*H640 -v-1* 
A BILL TO BE ENTITLED 1 
AN ACT TO ENHANCE VERIFICATION OF PUBLIC ASSISTANCE PROGRAMS . 2 
The General Assembly of North Carolina enacts: 3 
SECTION 1. G.S. 108A-55.5 reads as rewritten: 4 
"§ 108A-55.5.  Eligibility monitoring for medical public assistance. 5 
(a) On at least a quarterly basis, the Department shall review information concerning 6 
changes in circumstances that may affect medical assistance beneficiaries' eligibility to receive 7 
medical assistance benefits. The Department shall share the information directly with, or make 8 
the information available to, the county department of social services that determined the 9 
beneficiary's eligibility.An individual may not be considered homeless to grant a work 10 
requirement exemption until and unless the Department (i) verifies that an individual has resided 11 
in a public shelter for a period of at least 30 days based on notarized documentation from a public 12 
shelter of such fact or (ii) certifies that there is no indoor shelter available and provides notarized 13 
documentation from a public housing authority that the individual is on a waiting list for benefits. 14 
(a1) Definitions. – The following definitions apply in this section: 15 
(1) Governmental public assistance entity. – An entity providing public 16 
assistance, including the Department of Health and Human Services and 17 
public housing authorities. 18 
(2) Health and medical assistance programs. – The following programs: 19 
a. Supplemental Nutrition Assistance Program, or food stamps. 20 
b. Temporary Assistance for Needy Families and Children, also known 21 
as Work First. 22 
c. Medicaid. 23 
(3) Homeless individual. – An individual who (i) has resided in a public shelter 24 
for a period of at least 30 days or (ii) has no indoor shelter available and is on 25 
the waiting list of a public housing authority for benefits. 26 
(4) Public assistance. – The following programs: 27 
a. Health and medical assistance. 28 
b. Public housing assistance provided by a public housing authority. 29 
(5) Public housing authority. – A housing authority operating within the State 30 
created pursuant to G.S. 157-4. 31 
(b) The information reviewed by the Department shall include all of the following: 32 
(1) Earned and unearned income. 33 
(2) Employment status and changes in employment. 34  General Assembly Of North Carolina 	Session 2025 
Page 2  House Bill 640-First Edition 
(3) Residency status. 1 
(4) Enrollment status in other State-administered public assistance programs. 2 
(5) Financial resources. 3 
(6) Incarceration status. 4 
(7) Death records. 5 
(8) Lottery winnings. 6 
(9) Enrollment status in public assistance programs outside of this State. 7 
(b1) Supplemental Nutrition Assistance Program, Temporary Assistance for Needy 8 
Families and Children, Medicaid. – Governmental public assistance entities shall take the steps 9 
with respect to the sources listed in this subsection as follows: 10 
(1) With respect to State databases: 11 
a. On at least a monthly basis, the Department of Health and Human 12 
Services shall enter into a data matching agreement with the North 13 
Carolina State Lottery Commission to identify households with 14 
winnings of three thousand dollars ($3,000) or more from the lottery 15 
or from gambling and, to the extent permissible under federal law, treat 16 
this data as verified upon receipt. To the extent the data may not be 17 
verified upon receipt, the Department shall make referrals for further 18 
investigation to identify households with winnings equal to or greater 19 
than the resource limit for elderly or disabled households as defined in 20 
7 C.F.R. § 273.8(b). 21 
b. On at least a monthly basis, the Department of Health and Human 22 
Services shall receive and review information from the North Carolina 23 
Office of Vital Records concerning individuals in households enrolled 24 
in health and medical assistance programs that indicates a change in 25 
circumstances that may affect eligibility for these programs. 26 
c. On at least a quarterly basis, the Department of Health and Human 27 
Services shall receive and review information from the Department of 28 
Labor concerning individuals in households enrolled in health and 29 
medical assistance programs that indicates a change in circumstances 30 
that may affect eligibility for these programs, including, but not 31 
limited to, changes in employment or wages. 32 
d. On at least a monthly basis, the Department of Health and Human 33 
Services shall receive and review information concerning individuals 34 
in households enrolled in health and medical assistance programs that 35 
indicates a change in circumstances that may affect eligibility for these 36 
programs, including, but not limited to, potential changes in residency 37 
as identified by out-of-state electronic benefit transfer (EBT) card 38 
transactions. 39 
e. On at least a quarterly basis, the Department of Health and Human 40 
Services shall receive and review information from the Department of 41 
Revenue concerning individuals in households enrolled in health and 42 
medical assistance programs that indicates a change in circumstances 43 
that may affect eligibility for these programs, including, but not 44 
limited to, potential changes in income, wages, or residency as 45 
identified by tax records. 46 
f. On at least a monthly basis, the Department of Health and Human 47 
Services shall receive and review information from the Department of 48 
Adult Correction concerning individuals in households enrolled in 49 
health and medical assistance programs that indicates a change in 50 
circumstances that may affect eligibility for either program. 51  General Assembly Of North Carolina 	Session 2025 
House Bill 640-First Edition  	Page 3 
g. On at least a semimonthly basis, the Department of Health and Human 1 
Services shall receive and review information from the Department of 2 
Commerce concerning individuals in households enrolled in health 3 
and medical assistance programs that indicates a change in 4 
circumstances that may affect eligibility for these programs, including, 5 
but not limited to, potential changes in employment, income, or assets. 6 
(2) With respect to federal databases, on at least a monthly basis, the Department 7 
of Health and Human Services shall review and act on findings affecting 8 
eligibility for health and medical assistance programs with respect to the 9 
following: 10 
a. Earned income information, death register information, incarceration 11 
records, supplemental security income information, beneficiary 12 
records, earnings information, and pension information maintained by 13 
the United States Social Security Administration. 14 
b. Income and employment information maintained in the National 15 
Directory of New Hires database and child support enforcement data 16 
maintained by the United States Department of Health and Human 17 
Services. 18 
c. Payment and earnings information maintained by the United States 19 
Department of Housing and Urban Development. 20 
d. National fleeing felon information maintained by the United States 21 
Federal Bureau of Investigation. 22 
(3) With respect to annual retail site inspections, the Department of Health and 23 
Human Services shall, with all necessary coordination with appropriate 24 
federal and State law enforcement authorities, conduct an on-site inspection 25 
of retailers that accept EBT card transactions to identify suspicious transaction 26 
records or amounts indicating possible trafficking of benefits or other criminal 27 
conduct and make referrals for proper investigations under applicable law. 28 
(b2) Public Posting. – On at least a quarterly basis, the Department of Health and Human 29 
Services shall make available to the public on its website data from findings of noncompliance 30 
and fraud investigations in health and medical assistance programs for the following aggregate 31 
and nonconfidential and nonpersonal identifying information: 32 
(1) The number of households investigated for intentional program violations or 33 
fraud. 34 
(2) The total number of households referred to the Attorney General's office for 35 
prosecution. 36 
(3) The total amount of improper payments and expenditures. 37 
(4) The total amount of monies recovered. 38 
(5) Aggregate data concerning improper payments and ineligible recipients as a 39 
percentage of those investigated and reviewed. 40 
(6) The aggregate amount of funds expended by electronic benefit transfer card 41 
transactions in each state outside of North Carolina. 42 
(b3) Medicaid Application. – Unless required under federal law, the Department may not 43 
accept self-attestation of income, residency, age, household composition, caretaker or relative 44 
status, or receipt of other coverage without verification prior to enrollment or renewal of or in 45 
Medicaid. In addition, the Department may not request authority to waive or decline to 46 
periodically check any available income-related data sources to verify eligibility. 47 
Unless required under federal law, the Department shall verify all conditions of eligibility for 48 
Medicaid prior to enrollment and may not conduct post-enrollment verification without specific 49 
authorization set forth in enactments by the General Assembly. 50  General Assembly Of North Carolina 	Session 2025 
Page 4  House Bill 640-First Edition 
(b4) Public Housing. – Governmental public assistance entities shall take the steps with 1 
respect to the sources listed in this subsection as follows: 2 
(1) With respect to State databases: 3 
a. On at least a monthly basis, public housing authorities shall enter into 4 
a data matching agreement with the North Carolina State Lottery 5 
Commission identifying individuals in households with lottery or 6 
gambling winnings of three thousand dollars ($3,000) or more. 7 
b. On at least a monthly basis, public housing authorities shall receive 8 
and review information from the North Carolina Office of Vital 9 
Records concerning individuals in households which receive housing 10 
assistance that indicates a change in circumstances that may affect 11 
eligibility for housing assistance, including, but not limited to, death 12 
records. 13 
c. On at least a quarterly basis, public housing authorities shall receive 14 
and review information from the Department of Labor concerning 15 
individuals in households which receive housing assistance that 16 
indicates a change in circumstances that may affect eligibility for 17 
housing assistance, including, but not limited to, changes in 18 
employment or wages. 19 
d. On at least a monthly basis, public housing authorities shall receive 20 
and review information from the Department of Health and Human 21 
Services concerning individuals in households which receive housing 22 
assistance that indicates a change in circumstances that may affect 23 
eligibility for housing assistance, including, but not limited to, 24 
potential changes in residency as identified by out-of-state electronic 25 
benefit transfer (EBT) card transactions. 26 
e. On at least a quarterly basis, public housing authorities shall receive 27 
and review information from the Department of Revenue concerning 28 
individuals in households which receive housing assistance that 29 
indicates a change in circumstances that may affect eligibility for 30 
housing assistance, including, but not limited to, potential changes in 31 
income, wages, or residency as identified by tax records. 32 
f. On at least a monthly basis, public housing authorities shall receive 33 
and review information from the Department of Adult Correction 34 
concerning individuals in households which receive housing 35 
assistance that indicates a change in circumstances that may affect 36 
eligibility. 37 
g. On at least a semimonthly basis, public housing authorities shall 38 
receive and review information from the Department of Commerce 39 
concerning individuals in households which receive housing 40 
assistance that indicates a change in circumstances that may affect 41 
eligibility for housing assistance, including, but not limited to, 42 
potential changes in employment, income, or assets. 43 
(2) With respect to federal databases, on at least a monthly basis, public housing 44 
authorities shall review and act on findings affecting eligibility for public 45 
housing assistance programs with respect to the information listed in 46 
subdivision (b1)(2) of this section. 47 
(3) At least once per year, each public housing authority shall submit a report to 48 
the Attorney General detailing its child support cooperation requirement. Each 49 
report must contain all of the following: 50  General Assembly Of North Carolina 	Session 2025 
House Bill 640-First Edition  	Page 5 
a. A list of departments the public housing authority has data sharing 1 
agreements with. 2 
b. A summary of the data received at each time interval required by this 3 
subsection. 4 
c. The number of individuals flagged for eligibility issues during each 5 
quarterly or monthly review of the data. 6 
d. The number of individuals removed from public housing assistance as 7 
a result of issues flagged during the data review. 8 
(4) The Attorney General shall determine and enforce compliance with the 9 
provisions of this section. Any public housing authority that does not 10 
implement the data checks required by this section shall be deemed to be out 11 
of compliance with the requirements of this section. The Attorney General 12 
shall publish an annual report detailing each public housing authority's 13 
compliance from the previous year. The first instance in which the Attorney 14 
General finds that a public housing authority is out of compliance with this 15 
section, the public housing authority shall submit a corrective action plan to 16 
implement the requirements under this section within 12 months. A second 17 
finding of noncompliance that occurs more than eight years after the first 18 
finding of noncompliance shall be treated as the first finding of 19 
noncompliance. The second instance in which the Attorney General finds that 20 
a public housing authority is out of compliance with this section, the public 21 
housing authority shall have its charter under Chapter 157 of the General 22 
Statutes revoked and cease to operate in this State. 23 
(c) A county department of social services The Department of Health and Human 24 
Services and public housing authorities shall promptly review the information provided or made 25 
available by the Department in accordance with subsection (a) subsections (a) through (b4) of 26 
this section to determine if the information indicates a change in circumstances that may affect a 27 
medical public assistance beneficiary's eligibility to receive medical public assistance benefits 28 
and take one of the following actions: 29 
(1) If a review of the information does not result in the county department of 30 
social services Department of Health and Human Services or public housing 31 
authority finding a discrepancy or change in a beneficiary's circumstances that 32 
may affect that beneficiary's eligibility to receive medical public assistance 33 
benefits, the county department of social services Department of Health and 34 
Human Services or public housing authority shall take no further action. 35 
(2) If a review of the information does result in the county department of social 36 
services Department of Health and Human Services or public housing 37 
authority finding a discrepancy or change in a beneficiary's circumstances that 38 
may affect that beneficiary's eligibility for medical public assistance benefits, 39 
the county department of social services Department of Health and Human 40 
Services or public housing authority shall provide written notice to the 41 
beneficiary that describes in sufficient detail the circumstances of the 42 
discrepancy or change in circumstances that would affect the beneficiary's 43 
eligibility for medical public assistance benefits. The notice must include the 44 
following information: 45 
a. The beneficiary will have 12 calendar days from the time of mailing 46 
to respond. 47 
b. A response from the beneficiary must be in writing. 48 
c. Self-declarations made by the beneficiary will not be accepted as 49 
verification of information in the response. 50 
d. The consequences of taking no action. 51  General Assembly Of North Carolina 	Session 2025 
Page 6  House Bill 640-First Edition 
(d) After the expiration of 12 calendar days from the time of mailing the notice required 1 
under subsection (c) of this section, the county department of social services Department of 2 
Health and Human Services or public housing authority shall take one of the following 3 
actions:actions within 60 days of receiving the public assistance beneficiary's written 4 
disagreement: 5 
(1) If a beneficiary did not respond to the notice, the county department of social 6 
services Department of Health and Human Services or public housing 7 
authority shall redetermine the beneficiary's eligibility for medical public 8 
assistance benefits and provide the beneficiary with proper notice under 9 
G.S. 108A-79. 10 
(2) If a beneficiary responds to the notice and disagrees with the information in 11 
the notice, the county department of social services Department of Health and 12 
Human Services or public housing authority shall reinvestigate the matter and 13 
take one of the following actions: 14 
a. If the county department of social services Department of Health and 15 
Human Services or public housing authority determines that there has 16 
been an error and the beneficiary's eligibility to receive medical public 17 
assistance benefits is not affected, then no further action shall be taken. 18 
b. If the county department of social services Department of Health and 19 
Human Services or public housing authority determines that there is 20 
no error, the county department of social services Department of 21 
Health and Human Services or public housing authority shall 22 
redetermine the beneficiary's eligibility for medical public assistance 23 
benefits and provide the beneficiary with proper notice under 24 
G.S. 108A-79. 25 
(3) If a beneficiary responds to the notice and confirms the information in the 26 
notice is correct, then the county department of social services Department of 27 
Health and Human Services or public housing authority shall redetermine the 28 
beneficiary's eligibility for medical public assistance benefits and provide the 29 
beneficiary with proper notice under G.S. 108A-79. 30 
If, at any time after receiving a beneficiary's response to the notice, the county department of 31 
social services Department of Health and Human Services or public housing authority determines 32 
that there is a risk of fraud or misrepresentation or inadequate documentation, then the county 33 
department of social services may request additional documentation from the beneficiary. 34 
(e) Nothing in this section shall preclude the Department or any county department of 35 
social services public housing authority from receiving or reviewing additional information 36 
related to a beneficiary's eligibility for medical public assistance benefits that is obtained in a 37 
manner other than that provided for under this section. 38 
(f) The Department of Health and Human Services and public housing authorities shall 39 
have the authority to execute a memorandum of understanding with any department, agency, or 40 
division for information required to be shared between agencies outlined in this section. 41 
(g) Nothing in this section shall prohibit the Department of Health and Human Services 42 
or a public housing authority from contracting with one or more independent vendors to provide 43 
additional data or information which may indicate a change in circumstances that may affect 44 
eligibility. 45 
(h) The Department of Health and Human Services shall promulgate all rules and 46 
regulations necessary for the purposes of carrying out this section." 47 
SECTION 2. This act becomes effective January 1, 2026. 48