SB285 By Senator Orr RFD Fiscal Responsibility and Economic Development Rd 1 23-FEB-16

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

This bill would limit the resource limit standard for the Supplemental Nutrition Assistance Program (SNAP) to the federal asset limits, would further provide disqualification periods for violations of SNAP requirements, including a one-year disqualification period for the third instance of noncompliance with any SNAP requirement, would preclude the department from seeking, applying for, accepting, or renewing any waiver of work requirements for SNAP benefits, and would preclude the department from granting categorical eligibility for SNAP benefits.

This bill would require the Department of Human Resources to terminate benefits for any recipient of SNAP benefits upon a determination that the recipient has failed to cooperate with child support enforcement requirements or the Child Support Enforcement Division of the department without good cause, or is delinquent on any court-ordered support payments, including arrears.

This bill would require the Department of Human Resources to place a photograph of the recipient on any electronic benefits transfer card (EBT card) issued by the department.

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) and would provide sanctions for violations of TANF requirements, including termination of benefits for the second instance of noncompliance with any TANF requirement.

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) 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.

This bill would also require the Medicaid Agency to implement certain practices relating to identity verification and earnings and asset verification of applicants for benefits.

A BILL TO BE ENTITLED AN ACT

Relating to public assistance; to limit the resource limit standard for the Supplemental Nutrition Assistance Program (SNAP) to the federal asset limit; to preclude the department from seeking, applying for, accepting, or renewing any waiver of work requirements for SNAP benefits; to preclude the department from granting categorical eligibility for SNAP benefits; to further provide for sanctions for violations of SNAP requirements; to require the Department of Human Resources to terminate SNAP benefits upon a recipient's failure to comply with certain child support obligations; to require the Department of Human Resources to place a photograph of the recipient on any electronic benefits transfer card issued by the department; to provide a lifetime limit of 36 months for temporary cash payments under the Temporary Assistance for Needy Families program (TANF); to provide full sanctions for violations of TANF requirements; to require the department to utilize best efforts to identify purchases using TANF 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 the Medicaid Agency to implement certain practices relating to identity verification and earnings and asset verification of applicants for benefits; and to provide rulemaking authority.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. (a) Unless expressly required by federal law, the resource limit standards of the Supplemental Nutrition Assistance Program (SNAP) may not exceed the standards specified in 7 U.S.C. § 2014(g)(1).

(b) Unless expressly required by federal law, categorical eligibility exempting households from the required resource limits provided in subsection (a) 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).

(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 all of the following with regard to benefits under the Supplemental Nutrition Assistance Program (SNAP):

(1)a. Set the following disqualification periods for all instances of noncompliance with any SNAP requirement:

1. Institute a three-month disqualification period for the first instance of noncompliance with any SNAP requirement.

2. Institute a six-month disqualification period for the second instance of noncompliance with any SNAP requirement.

3. Institute a one-year disqualification period for the third or subsequent instance of noncompliance with any SNAP requirement.

b. In its discretion, and upon consideration of the specific facts relating to the instance of noncompliance, the department may institute a full-household disqualification for the periods provided in paragraph a. for a second, third, or subsequent instance of noncompliance.

(2) Unless expressly prohibited by federal law, recipients of benefits under SNAP shall be subject to disqualification for failure to perform actions required by other federal, state, or local means-tested public assistance programs.

Section 4. (a) Unless expressly prohibited by federal law, the Department of Human Resources shall terminate benefits for any recipient of Supplemental Nutrition Assistance Program (SNAP) benefits upon a determination that the recipient has failed to cooperate with child support enforcement requirements or the Child Support Enforcement Division of the department without good cause, or is delinquent on any court-ordered support payments, including arrears.

(b) The period of disqualification for recipients terminated under subsection (a) shall end once the Child Support Enforcement Division of the department determines that the individual is cooperating with child support requirements and is no longer delinquent on any court-ordered child support payments, including arrears.

Section 5. (a) Unless the recipient declines to have the photograph included, the Department of Human Resources shall place a photograph of the recipient on any electronic benefits transfer card issued by the department. If a recipient is a minor or is an otherwise incapacitated individual, a parent or legal guardian of the recipient may have a photograph of the parent or legal guardian placed on the card.

(b) The Department of Human Resources may enter into memoranda of understanding with the Alabama State Law Enforcement Agency or the Secretary of State to share photographs when practical.

Section 6. (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 7. (a) The Department of Human Resources shall only grant benefits under the Temporary Assistance for Needy Families Program (TANF) when an approved applicant has signed a written agreement clearly enumerating continued eligibility requirements, circumstances in which sanctions may be imposed, and any potential penalties for noncompliance.

(b) The department shall do all of the following:

(1) Require all enrollees to be compliant with all program requirements, including work requirements, before granting benefits.

(2) Unless expressly prohibited by federal law, require a three-month sanction for the first instance of noncompliance with any TANF requirement.

(3) Unless expressly prohibited by federal law, terminate benefits for the second instance of noncompliance with any TANF requirement.

(4) Deny benefits to any adult member of a household where another adult member of the household has been found to have committed public assistance fraud under TANF or any other public assistance program administered by the department.

(c) An individual sanctioned under subsection (b) may not have benefits reinstated without reviewing the agreement required under subsection (a).

Section 8. The Department of Human Resources shall do both of the following:

(1) Utilize best efforts to identify purchases using cash benefits under the Temporary Assistance for Needy Families Program (TANF) at points of sale outside this state.

(2) Establish a benchmark number of out-of-state transactions using TANF benefits that will generate automatic review of the recipient's residency status by the department.

Section 9. The Medicaid Agency shall implement the following practices relating to identity verification and earnings and asset verification for applicants:

(1) A check of a nationwide best-address and driver’s license data source to verify individuals are residents of this state.

(2) A check of the death register information maintained by the Social Security Administration.

(2) A check of national fleeing felon information maintained by the Federal Bureau of Investigation.

(3) A check for unearned income with the Internal Revenue Service and through income information maintained by the Social Security Administration.

(4) A check of income and employment information maintained by the Child Support Enforcement Division of the Department of Human Resources and the U.S. Department of Health and Human Services’ Office of Child Support Enforcement.

(5) A check of earnings and pension information maintained by the state.

(6) A check of utility payments information maintained by the state under the Low Income Home Energy Assistance Program.

(7) Check emergency utility payment information maintained by the state or local entities.

(8) Check child care services information maintained by the state.

Section 10. The Department of Human Resources and the Medicaid Agency may adopt rules for the implementation and administration of this act.

Section 11. 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.

Public Assistance

Human Resources Department

Temporary Assistance for Needy Families (TANF)

Food Stamps