S.B. No. 1341
AN ACT
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 [Medicaid] recipient of benefits under a public assistance
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 [for Medicaid], the electronic data
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
[Medicaid].
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.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1341 passed the Senate on
April 27, 2021, by the following vote: Yeas 18, Nays 13.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1341 passed the House on
May 25, 2021, by the following vote: Yeas 89, Nays 51, one
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor