|
REFERENCE TITLE: AHCCCS; public benefits; eligibility |
|
State of Arizona Senate Fifty-fifth Legislature First Regular Session 2021
|
|
SB 1733 |
|
|
|
Introduced by Senators Kerr: Barto, Gowan, Leach
|
AN ACT
Amending title 36, chapter 29, article 1, Arizona Revised Statutes, by adding section 36-2903.14; providing for transferring and renumbering; amending title 46, chapter 2, Arizona Revised Statutes, by adding article 2; relating to public benefits.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 36, chapter 29, article 1, Arizona Revised Statutes, is amended by adding section 36-2903.14, to read:
36-2903.14. Data matching agreement; review of information that may affect eligibility
A. The administration shall enter into a data matching agreement with the department of gaming and the Arizona state lottery commission to identify members who have substantial lottery or gambling winnings. On at least a monthly basis, the administration shall review this information. If an individual has failed to disclose a substantial winning and is identified through the database match, the administration shall consider the failure to disclose the information a violation of the system's terms of eligibility.
B. On at least a monthly basis, the administration shall receive and review death record information from the department of health services concerning members and adjust eligibility accordingly.
C. On at least a quarterly basis, the administration shall receive and review information from the department of economic security and the industrial commission of ARizona concerning members that indicates a change in circumstances that may affect eligibility, including changes in employment or wages.
D. On at least a monthly basis, the administration shall review information concerning members that indicates a change in circumstances that may affect eligibility, including potential changes in residency as identified by out-of-state electronic benefit transfer card transactions.
E. The administration may not accept eligibility determinations for the system from an exchange established under 42 United States code section 18041(c). The administration may accept assessments from an exchange established under 42 United States code section 18041(c), but shall independently verify eligibility and make eligibility determinations.
F. If the administration receives information concerning members that indicates a change in circumstances that may affect eligibility, the administration shall review the member's eligibility.
Sec. 2. Transfer and renumber
Section 46-219, Arizona Revised Statutes, is transferred and renumbered for placement in title 46, chapter 2, article 2, Arizona Revised Statutes, as added by this act, as section 46-224.
Sec. 3. Title 46, chapter 2, Arizona Revised Statutes, is amended by adding article 2, to read:
ARTICLE 2. SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM
46-221. Data matching agreement; review of information that may affect eligibility; website information
A. The department of economic security shall enter into a data matching agreement with the department of gaming and the Arizona state lottery commission to identify individuals who are receiving supplemental nutrition assistance and who have substantial lottery or gambling winnings. On at least a monthly basis, the department of economic security shall review this information and close the case for the entire household on verification of substantial winnings that would disqualify the household for assistance. Households that have failed to disclose a substantial winning that would disqualify the household for assistance and are identified through the database match have presumptively committed an intentional program violation.
B. On at least a monthly basis, the department of economic security shall receive and review death record information from the department of health services concerning individuals who are enrolled in the supplemental nutrition assistance program and adjust eligibility accordingly.
C. On at least a quarterly basis, the department of economic security shall review unemployment insurance claims information and receive and review information from the industrial commission of arizona concerning individuals enrolled in the supplemental nutrition assistance program that indicates a change in circumstances that may affect eligibility, including changes in employment or wages.
D. On at least a monthly basis, the department of economic security shall review information concerning individuals enrolled in supplemental nutrition assistance program that indicates a change in circumstances that may affect eligibility, including potential changes in residency as identified by out-of-state electronic benefit transfer card transactions.
E. On at least a monthly basis, the department of economic security shall receive and review information from the state department of corrections that indicates a change in circumstances that may affect eligibility for individuals enrolled in the supplemental nutrition assistance program.
F. On at least a quarterly basis, the department of economic security shall make available to the public on its website data from findings of noncompliance and fraud investigations in the supplemental nutrition assistance program for the following:
1. The number of supplemental nutrition assistance cases investigated for intentional program violations or fraud.
2. The total number of supplemental nutrition assistance cases referred to the attorney general's office for prosecution.
3. Improper payments and expenditures in the program.
4. The amount of monies recovered.
5. Aggregate data concerning improper payments and ineligible recipients as a percentage of those investigated and reviewed.
6. Aggregate amount of monies expended by electronic benefit transfer card transactions in each state outside this state.
G. The information posted pursuant to subsection F of this section shall be de-identified to prevent identification of individual recipients and may not contain confidential information.
H. If the department of economic security receives information concerning an individual enrolled in the supplemental nutrition assistance program that indicates a change in circumstances that may affect that individual's eligibility, the department shall review the individual's case.
46-222. Child support enforcement program; condition of eligibility; change reporting
A. The department of economic security shall require individuals to cooperate with the child support enforcement program as a condition of eligibility for the supplemental nutrition assistance program pursuant to 7 Code of Federal Regulations section 273.11(o) and (p).
B. A household receiving food assistance is subject to change reporting and shall report changes in circumstances that may affect eligibility, as established by 7 Code of Federal Regulations section 273.12(a)(1), within ten days after the date the change becomes known to the household.
46-223. Income standards
The department of economic security may not apply gross income standards for the supplemental nutrition assistance program that exceed the standards specified in 7 United States code section 2014(c) unless expressly required by federal law.
Sec. 4. Rulemaking
The department of economic security and the Arizona health care cost containment system administration shall adopt rules necessary to implement this act.
Sec. 5. Effective date
This act is effective from and after December 31, 2021.