89th Legislature

SB 961

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
SB 961 seeks to enhance fraud prevention and eligibility verification measures within Texas’ Medicaid and Supplemental Nutrition Assistance Program (SNAP). The bill targets improper benefit disbursement by mandating stricter, more frequent cross-checks of recipient data using existing state records.

Specifically, SB 961 prohibits the Health and Human Services Commission (HHSC) from waiving or requesting federal waivers for conducting electronic income verification for Medicaid recipients. This ensures that periodic checks for financial eligibility continue without interruption. The bill also expands the scope of monthly data matches to include checking lottery winnings reported by the Texas Lottery Commission, which may affect a household's continued eligibility for SNAP or Medicaid benefits.

In addition, the legislation calls for a monthly review of death records to ensure benefits are terminated promptly for deceased individuals. It further mandates the HHSC to monitor out-of-state electronic benefit transfer (EBT) card usage by Medicaid and SNAP recipients. If transactions indicate a possible change in residency, the agency is required to assess whether recipients still meet Texas residency requirements. Finally, the bill requires quarterly checks to see if a Medicaid recipient’s voter registration has been canceled under Texas Election Code provisions, which may suggest ineligibility due to relocation or death.

Overall, SB 961 leverages existing state databases and infrastructure to safeguard public benefit programs from misuse while ensuring that benefits are delivered only to eligible, Texas-residing individuals.

The Committee Substitute for SB reflects a strategic narrowing of scope compared to the originally filed version. While both versions share the overarching goal of preventing Medicaid fraud and ensuring proper eligibility verification, the substitute bill scales back several of the broader and more administratively complex provisions that appeared in the initial filing.

Notably, the originally filed version included requirements for the Health and Human Services Commission (HHSC) to conduct monthly electronic data matches not only with the Texas Lottery Commission but also with the Internal Revenue Service (IRS) to identify gambling winnings of $3,000 or more. This IRS data matching requirement was removed in the substitute, which now focuses solely on state-managed data sources, likely to streamline implementation and reduce reliance on federal coordination.

Another significant provision removed in the Committee Substitute was the requirement for HHSC to verify a broad range of self-attested eligibility criteria (such as income, residency, age, and household composition) before enrollment in Medicaid. This section, which would have imposed a pre-enrollment verification mandate and limited the use of self-declared information, was entirely excluded from the substitute, potentially easing administrative burdens and reducing delays in enrollment for eligible recipients.

Additionally, the originally filed bill included amendments to Section 36.002 of the Human Resources Code that would have broadened the definition of unlawful acts related to Medicaid and healthcare program fraud. These changes were not carried over to the committee substitute, indicating a shift away from statutory overhaul toward more immediate procedural enforcement improvements. Overall, the substitute version reflects a more focused and administratively feasible approach to fraud prevention by leveraging existing systems and processes.
Author
Lois Kolkhorst
Co-Author
Brandon Creighton
Bob Hall
Charles Schwertner
Kevin Sparks
Sponsor
Candy Noble
Fiscal Notes

According to the Legislative Budget Board (LBB), SB 961 is not expected to have a significant fiscal impact on the state. While the legislation mandates additional verification procedures for Medicaid eligibility—such as cross-checking recipients for lottery winnings, out-of-state benefit card usage, and canceled voter registration—these activities are assumed to be implementable using existing infrastructure and resources at the Health and Human Services Commission (HHSC).

However, the Comptroller of Public Accounts notes the potential for future reductions in state Medicaid expenditures as a result of this increased scrutiny. If the enhanced verification methods lead to identifying and removing ineligible individuals from Medicaid rolls, the program’s overall caseload—and therefore associated costs—could decline. Despite this potential savings, the fiscal note clarifies that the magnitude and timing of such effects are currently unknown and cannot be quantified with certainty.

From a local government perspective, there is also no significant fiscal implication anticipated. This suggests the bill’s implementation will not impose new or unfunded mandates on county or municipal governments, and any administrative adjustments would fall within the purview of state agencies, primarily HHSC and the Texas Lottery Commission.

Vote Recommendation Notes

Texas Policy Research recommends that lawmakers vote YES on SB 961 based on its clear focus on strengthening the integrity of the Medicaid program through enhanced verification measures and fraud prevention. The bill addresses long-standing concerns about waste and improper enrollment in Texas Medicaid—a $59.6 billion program that serves over 4 million individuals—by reinforcing eligibility determinations and closing loopholes that have historically allowed ineligible individuals to remain enrolled or providers to improperly bill the program.

The bill requires the Health and Human Services Commission (HHSC) to conduct regular data matching with state agencies to verify income, detect lottery winnings, review out-of-state benefit card use, and monitor canceled voter registrations to identify potential changes in residency or eligibility. It also adds a new requirement that HHSC must obtain verification of key eligibility factors—such as income, age, and citizenship—rather than relying solely on self-attestation unless federal law mandates otherwise. These reforms aim to ensure that taxpayer resources are directed toward individuals who are genuinely eligible, improving public trust and program efficiency.

Importantly, the fiscal analysis by the Legislative Budget Board finds no significant cost to implement the bill, with existing agency resources expected to suffice. Moreover, the Comptroller notes that the bill may reduce Medicaid expenditures over time by lowering caseloads through the removal of ineligible recipients, although the exact savings cannot yet be determined. From a policy and financial perspective, this bill supports the liberty principles of personal responsibility, limited government, and individual accountability, while aligning with the goals expressed in both the Republican and Libertarian Party platforms for reducing fraud and government overreach.

Related Legislation
View Bill Text and Status