Texas 2021 - 87th Regular

Texas Senate Bill SB1341 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 1341
	1	+	By: Springer S.B. No. 1341
	2	+	(Shaheen)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to eligibility for certain benefits provided under public
6	8		assistance programs.
7	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	10		SECTION 1. Subchapter C, Chapter 531, Government Code, is
9	11		amended by adding Section 531.1081 to read as follows:
10	12		Sec. 531.1081. INTEGRITY OF CERTAIN PUBLIC ASSISTANCE
11	13		PROGRAMS. (a) In this section:
12	14		(1) "Financial assistance benefits" means money
13	15		payments under the federal Temporary Assistance for Needy Families
14	16		program operated under Chapter 31, Human Resources Code, or under
15	17		the state temporary assistance and support services program
16	18		operated under Chapter 34, Human Resources Code.
17	19		(2) "Supplemental nutrition assistance benefits"
18	20		means money payments under the supplemental nutrition assistance
19	21		program operated under Chapter 33, Human Resources Code.
20	22		(b) To the extent not otherwise provided by this subtitle or
21	23		Title 2, Human Resources Code, the commission shall develop and
22	24		implement, in accordance with this section, methods for reducing
23	25		abuse, fraud, and waste in public assistance programs.
24	26		(c) On a monthly basis, the commission shall:
25	27		(1) conduct electronic data matches with the Texas
26	28		Lottery Commission to determine if a recipient of supplemental
27	29		nutrition assistance benefits or a recipient's household member
28	30		received reportable lottery winnings;
29	31		(2) use the database system developed under Section
30	32		531.0214 to match vital statistics unit death records with a list of
31	33		individuals eligible for financial assistance or supplemental
32	34		nutrition assistance benefits, and ensure that any individual
33	35		receiving assistance under either program who is discovered
34	36		deceased has their eligibility for assistance promptly terminated;
35	37		and
36	38		(3) review the out-of-state electronic benefit
37	39		transfer card transactions made by a recipient of supplemental
38	40		nutrition assistance benefits to determine whether those
39	41		transactions indicate a possible change in the recipient's
40	42		residence.
41	43		(d) The commission shall immediately review the eligibility
42	44		of a recipient of public assistance benefits if the commission
43	45		discovers information under this section that affects the
44	46		recipient's eligibility.
45	47		(e) A recipient who fails to disclose lottery winnings that
46	48		are required to be reported to the commission under a public
47	49		assistance program presumptively commits a program violation.
48	50		(f) The executive commissioner shall adopt rules necessary
49	51		to implement this section.
50	52		SECTION 2. Section 531.110, Government Code, is amended by
51	53		amending Subsections (a), (b), and (e) and adding Subsections (a-1)
52	54		and (c-1) to read as follows:
53	55		(a) In this section, "public assistance program" includes:
54	56		(1) Medicaid;
55	57		(2) the financial assistance program under Chapter 31,
56	58		Human Resources Code; and
57	59		(3) a nutritional assistance program under Chapter 33,
58	60		Human Resources Code, including the supplemental nutrition
59	61		assistance program under that chapter.
60	62		(a-1) The commission shall conduct electronic data matches
61	63		for a [Medicaid] recipient of benefits under a public assistance
62	64		program at least quarterly to verify the identity, income,
63	65		employment status, and other factors that affect the eligibility of
64	66		the recipient.
65	67		(b) To verify eligibility of a recipient of public
66	68		assistance program benefits [for Medicaid], the electronic data
67	69		matching must match information provided by the recipient with
68	70		information contained in databases maintained by appropriate
69	71		federal and state agencies.
70	72		(c-1) The commission shall enter into a memorandum of
71	73		understanding with each state agency from which data is required to
72	74		conduct electronic data matches under this section and Section
73	75		531.1081.
74	76		(e) The executive commissioner shall establish procedures
75	77		by which the commission, or a health and human services agency
76	78		designated by the commission, verifies the electronic data matches
77	79		conducted by the commission under this section. Not later than the
78	80		20th day after the date the electronic data match is verified, the
79	81		commission shall remove from eligibility a recipient who is
80	82		determined to be ineligible for a public assistance program
81	83		[Medicaid].
82	84		SECTION 3. Subchapter B, Chapter 32, Human Resources Code,
83	85		is amended by adding Section 32.026101 to read as follows:
84	86		Sec. 32.026101. DETERMINATION OF ELIGIBILITY BY HEALTH CARE
85	87		EXCHANGES PROHIBITED. (a) The commission may not accept Medicaid
86	88		eligibility determinations from an exchange established under 42
87	89		U.S.C. Section 18041(c).
88	90		(b) The commission may accept eligibility assessments from
89	91		an exchange, but the commission must determine the eligibility of
90	92		an individual for Medicaid.
91	93		SECTION 4. If before implementing any provision of this Act
92	94		a state agency determines that a waiver or authorization from a
93	95		federal agency is necessary for implementation of that provision,
94	96		the agency affected by the provision shall request the waiver or
95	97		authorization and may delay implementing that provision until the
96	98		waiver or authorization is granted.
97	99		SECTION 5. This Act takes effect September 1, 2021.
98		-	______________________________ ______________________________
99		-	President of the Senate Speaker of the House
100		-	I hereby certify that S.B. No. 1341 passed the Senate on
101		-	April 27, 2021, by the following vote: Yeas 18, Nays 13.
102		-	______________________________
103		-	Secretary of the Senate
104		-	I hereby certify that S.B. No. 1341 passed the House on
105		-	May 25, 2021, by the following vote: Yeas 89, Nays 51, one
106		-	present not voting.
107		-	______________________________
108		-	Chief Clerk of the House
109		-	Approved:
110		-	______________________________
111		-	Date
112		-	______________________________
113		-	Governor