SB 139

This bill would further provide for procedures and limitations for various public assistance programs administered by the Department of Human Resources

This bill would preclude the department from granting categorical eligibility for Supplemental Nutrition Assistance Program (SNAP) benefits and would require individuals to cooperate with the Child Support Enforcement Division in order to be eligible for SNAP benefits

This bill would provide a lifetime limit of 36 months for temporary cash payments under the state Family Assistance Program administering the Temporary Assistance for Needy Families Program (TANF)

This bill would require the Department of Human Resources to utilize best efforts to identify purchases at points of sale outside this state using cash benefits under the Temporary Assistance for Needy Families Program (TANF) or SNAP benefits and to establish a benchmark number of out-of-state transactions using TANF benefits that will automatically generate review of the recipient's residency status by the department, as well as review of frequent or large even-dollar purchases by recipients

This bill would require the Department of Human Resources to monitor all requests for replacement EBT cards, and upon the fourth request, require an office visit by the recipient to alert the recipient that his or her account would be monitored for potential suspicious activity

This bill would also provide for the suspension of cash payments under the TANF program when a recipient fails to cooperate with an ongoing fraud investigation and would require the department to maintain sufficient fraud investigative staff

Relating to public assistance; to preclude the department from seeking, applying for, accepting, or renewing any waiver of work requirements for Supplemental Nutrition Assistance Program (SNAP) benefits; to preclude the department from granting categorical eligibility for SNAP benefits; to require individuals to cooperate with the Child Support Enforcement Division in order to be eligible for SNAP benefits; to provide a lifetime limit of 36 months for temporary cash payments under the Temporary Assistance for Needy Families program (TANF); to require the department to utilize best efforts to identify purchases using TANF or SNAP benefits at points of sale outside this state; to require the department to establish a benchmark number of out-of-state transactions using TANF benefits that will automatically generate review of the recipient's residency status; to require review of frequent, large, even-dollar purchases using EBT cards; to require review of multiple requests for replacement EBT cards and investigation for suspicious activity under certain conditions; to provide for the suspension of cash payments under TANF when a recipient fails to comply with a fraud investigation; to require the department to maintain sufficient fraud investigative staff; and to provide rulemaking authority.

Section 1

Unless expressly required by federal law, categorical eligibility exempting households from the required resource limit standards of the Supplemental Nutrition Assistance Program (SNAP) may not be granted for any non-cash, in-kind, or other benefit.

Section 2

Unless expressly required by federal law, the Department of Human Resources may not do either of the following: (1) Seek, apply for, accept, or renew any waiver of work requirements for Supplemental Nutrition Assistance Program (SNAP) benefits established under 7 U.S.C. § 2015(o), except for a county where the unemployment rate is 10 percent or greater as determined pursuant to rules adopted by the department. (2) Grant categorical eligibility under 7 U.S.C. § 2014(a) or 7 C.F.R § 273.2(j)(2)(iii) for any non-cash, in-kind, or other Supplemental Nutrition Assistance Program (SNAP) benefit.

Section 3

Unless expressly prohibited by federal law, the Department of Human Resources shall do both of the following with regard to benefits under the Supplemental Nutrition Assistance Program (SNAP): (1) Disqualify recipients of benefits under SNAP for failure to perform actions required by the Temporary Assistance for Needy Families (TANF) program. (2) Require individuals to cooperate with the Child Support Enforcement Division as a condition of eligibility for SNAP benefits, pursuant to 7 C.F.R § 273.11(o) and 7 C.F.R. § 273.11(p).

Section 4

(a) Except as provided in subsection (b) and beginning on the effective date of this act, the lifetime limit temporary cash payments under the Temporary Assistance for Needy Families Program (TANF) shall be 36 months. (b) The lifetime limit in subsection (a) does not apply to the exceptions set forth in 42 U.S.C. § 608(a)(7).

Section 5

The Department of Human Resources shall do all of the following: (1) Utilize best efforts to identify purchases using cash benefits under the Temporary Assistance for Needy Families Program (TANF) and Supplemental Nutrition Assistance Program (SNAP) benefits at points of sale outside this state. (2) Establish a benchmark number of out-of-state transactions using TANF and SNAP benefits that will generate automatic review of the recipient's residency status by the department. (3) Use best efforts to identify frequent or large even-dollar purchases by recipients using EBT cards and establish a benchmark that will generate automatic review of the recipient's use of the cash benefits under TANF or SNAP to identify fraudulent use of benefits. (4) Monitor all requests for replacement electronic benefits transfer cards (EBT) and, upon the fourth request in a 12-month period, require an office visit in which the recipient is alerted that his or her account is being monitored for suspicious activity. If a recipient makes an additional request for replacement EBT cards subsequent to the notice required in this subdivision, the department shall automatically review the recipient's use of the card to identify fraudulent purchases or use. (5) Adopt rules relating to cash benefits under TANF and SNAP benefits to provide that any individual who has failed to cooperate with a fraud investigation is ineligible to participate in the TANF program until the department determines that the person is reasonably cooperating with the fraud investigation. (6) Maintain a sufficient level of fraud investigative staff to enable the department to conduct fraud investigations in a timely manner and in full compliance with state law and rules of the department.

Section 6

The Department of Human Resources may adopt rules for the implementation and administration of this act.

Section 7

This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.