Cut Red Tape and Make Necessities Affordable
Many working families across the country are eligible for programs that could help them put food on the table, keep the lights on, and take care of their kids, but unnecessary red tape is preventing them from doing so. An effective government should make it easier for eligible Americans to afford food for themselves and their kids, healthcare, utilities, and childcare, while reducing fraud and saving taxpayers millions in red tape costs every year.
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Healthcare providers
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Public health organizations
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Childcare organizations
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Working parents
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Caregivers
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Special interests that support government waste
This act shall be known as the Increase Affordability and Cut Enrollment Red Tape
his policy helps streamline the application and renewal process for state and local services, reducing administrative costs, and improving outcomes for eligible families.
a) It is the goal of [STATE] to ensure that all residents are informed of and able to easily access and manage State programs or services, especially in emergencies, including but not limited to small business services, disaster relief services, public services, childcare, and career services while also increasing efficiency of the administration of these programs to reduce administrative costs and reduce fraud.
i) To meet this goal, it is the intent of the Legislature that all appropriate State agencies and departments, with input from local agencies, work together to make it more efficient for residents to use, to explore, access, and manage the full array of state and local services, while decreasing likelihood of fraud, waste, and inefficiencies. This may include exploration of shared online portals across service areas, opt-in methods to receive information such as inclusion on common forms, and other methods to increase efficiency and improve service delivery, including ongoing centralized state and local service centers, and short-term pop-up centers in times of emergency.
ii) It is the intent of the Legislature, to the maximum extent permitted by Federal law, that all appropriate State and local agencies work together to support streamlining State and local enrollment and renewal processes for such services in an effort to ensure eligible individuals are automatically enrolled or can easily choose to cross-enroll in and retain access to critical services while also reducing inefficiencies and fraud.
iii) By [January 1, 20XX – 1 year from enactment] the [designated lead Agency] shall report to the Legislature changes made to improve efficiency and ease of administration of State managed programs and services and recommendations for further actions to meet the goals of the State as specified in a) of this section.
b) Online Portal for Public Services
i) It is the intent of the Legislature that the [designated lead Agency] partner with the [Health and Human Services Agency and other relevant State Departments and local agencies] to develop and implement an online portal for state and local services. [The designated lead Agency] shall consider the inclusion of state and local services related to at least the following service areas in the online Portal: enrollment or referrals to emergency disaster relief, childcare, small business supports, and other state and local services.
ii) If before implementing this section, the [designated lead Agency] determines a waiver or authorization from a federal agency is necessary for implementation of this section, the [relevant Agency] shall request the waiver or authorization.
iii) Within the online portal, the [Health and Human Services Agency] must develop and implement an integrated public services application that meets these minimum requirements:
1) By [date one year from enactment date] includes an integrated application process that is compliant with 42 C.F.R. §435.907 must be available for the Supplemental Nutrition Assistance Program (SNAP), Medicaid, and Temporary Assistance for Needy Families (TANF), with considerations for Medicaid Express Lane Enrollment as detailed in [Section (c)(ii) below].
2) By [date one year from enactment date] includes information related to health care and appropriately connect individuals to the [State Health Insurance Marketplace];
3) By [date two years from enactment date] includes [childcare assistance programs], the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC), [home visiting programs], and [other relevant programs by state] in the integrated application process; and
4) By [date three years from enactment date] includes Low Income Home Energy Assistance Program (LIHEAP) in the integrated application process.
5) Includes appropriate mechanisms to cross-check applicants from the integrated application process against other state data systems.
iv) By [date one year from enactment date] the [relevant Agency] shall consider options for the inclusion of at least the additional service areas listed in paragraphs 1) and 2) below within the online portal. Thereafter, [relevant Agency] shall include such additional services areas as appropriate. Such inclusion may include easily navigable links to other government websites:
1) Rapid response services or referrals for disaster relief,
2) Application for or referral to small business supports,
3) Any other services Agency determines it would be useful to include
v) In developing the electronic portal, the [designated lead Agency and other relevant agencies] shall explore opportunities to utilize information collected from applicants in one of the categories listed in paragraph iii) above to recommend additional state and local services and programs to the applicant. The [designated lead Agency and other relevant agencies] shall additionally consider areas where automatic enrollment may be utilized across service areas and work to streamline such enrollment. For any services considered for or included in the online portal, [the designated lead Agency and other relevant agencies] shall consider and adopt appropriate mechanisms to cross-check applicants and recipients, and otherwise prevent fraud and abuse.
vi) The [designated lead Agency and other relevant agencies] shall include options for eligibility redeterminations related to the categories listed in paragraph iii) above, including through the integrated application process required by paragraph iii) 1), and shall explore opportunities to enable renewal of services for current recipients on an ex parte basis. In regards to public services eligibility redeterminations, the [designated lead Agency, Health and Human Services Agency or other Agency] shall look to what is currently allowed for Medicaid renewals in accordance with 42 C.F.R. §435.916(b) for guidance.
vii) The integrated public services application must also be available through a paper application process.
1) [Designated lead Agency and other relevant agencies] shall accept telephone, electronic, and handwritten signatures transmitted by electronic transmission as necessary to implement the online applications provided through the portal, including the integrated public services application. If the [designated lead Agency and other relevant agencies] determines a waiver or authorization from a federal agency is necessary for implementation of this section, the relevant agency shall request the waiver or authorization.
c) [State] has a compelling interest in protecting privacy and the protection of personal information. In administering this Act, state and local agencies, businesses, and any other entity, shall only request data necessary to administer this Act and retain it only as required to administer and achieve the purposes of the Act. Any personal information or data collected or obtained in the course of administering this Act shall be shared only in a manner that has been deidentified and aggregated to the greatest extent allowable while still in compliance with federal eligibility requirements and every allowable effort shall be made to revoke access to such data should programs be eliminated or should there be an ineligibility determination. Personal information or data collected or obtained in the course of administering this Act shall not be otherwise disclosed without the informed consent of the individual, a warrant signed by a [state] judge or federal judge, lawful court order administered within [state] or a lawful federal court order, or subpoena administered within [state] or federal subpoena, or unless otherwise required by federal or state statute. The [Lead Agency] shall promulgate a data sharing protocol that applies the protections provided by this section while allowing the operation of the integrated public services application. Personal information or data may be considered deidentified if it cannot reasonably be used to infer information about, or otherwise be linked to, a particular individual or household.
d) Easy Enrollment in Healthcare
i) It is the goal of [STATE] to ensure that all eligible [STATE] residents have efficient access to affordable health insurance coverage.
ii) Express Lane Eligibility Program Established
1) On or before [DATE], subject to the state budget, and as permitted by federal law, [Department] shall establish an express lane eligibility (ELE) program to determine eligibility and enrollment of [STATE] residents eligible for Medicaid and the children’s health insurance program (CHIP), based on eligibility findings from public programs, including the Supplemental Nutrition Assistance Program (SNAP), Temporary Assistance for Needy Families (TANF), and the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC).
2) If before implementing this section, [Department] determines a waiver or authorization from a federal agency is necessary for implementation of this section, such as by submitting a state plan amendment to the Centers for Medicare and Medicaid Services (CMS) for or related to express lane eligibility (ELE), the agency shall request the waiver or authorization.
3) [Department] shall make all reasonable efforts to expedite enrollment of eligible individuals in the ELE program, provided that the [Department] may propose or implement the use of ELE for renewals before proposing or implementing the use of ELE for initial enrollment.
iii) Easy Enrollment Program Established
1) The [STATE] “Easy Enrollment Program,” hereby referred to as “the Program,” is established for the purpose of leveraging the individual income tax filing process to maximize the enrollment of eligible uninsured individuals and uninsured members of their households by:
(a) Facilitating identification of taxpayers and members of the taxpayers’ households who are uninsured and interested in health insurance coverage;
(b) Providing taxpayers with a method to consent to the [Department of Revenue/Tax] provision of insurance-relevant information to the [Department] and the [State Health Benefits Exchange, if a State Health Benefits is operational], for the purpose of assessing eligibility for health coverage programs;
(c) Determining or assessing, as feasible, whether an individual who is interested in obtaining health coverage programs qualifies for insurance affordability assistance;
(d) Providing for notification to taxpayers regarding their eligibility or eligibility of their household members for health coverage programs and insurance affordability assistance; and
(e) Facilitating enrollment in health coverage programs and insurance affordability assistance.
2) Eligibility Identification Process
(a) For taxable years beginning on or after [DATE], the [Department] shall include a checkbox or a similar mechanism in the state income tax form for a taxpayer to:
(i) Indicate on their individual income tax return their interest in health care coverage and insurance affordability assistance;
(ii) Identify whether the taxpayer or members of the taxpayer’s household are uninsured;
(iii) Authorize the [Department] to share the taxpayer’s income information with the [State Health Benefits Exchange] for that purpose, [if a State Health Benefits Exchange is operational].
(iv) Provide the taxpayer’s consent to provide to the [Department] and the exchange, [if a State Health Benefits Exchange is operational]:
(1) The taxpayer’s insurance-relevant information;
(2) Any additional information necessary to determine the taxpayer’s eligibility for health insurance benefits, insurance affordability assistance, and eligibility for other public services included in the [State’s] integrated public services application; and
(3) Information on any consent provided by the taxpayer pursuant to this subsection.
(v) Provide the taxpayer’s consent to enroll:
(1) The taxpayer in Medicaid, CHIP, and/or other public services included in the [State’s] integrated public services application; or
(2) Members of the taxpayer’s household in Medicaid or CHIP if:
a. Coverage by Medicaid or CHIP is available to those household members; and
b. The taxpayer has legal authority to consent to enroll those household members..
3) The [Department of Public Health], [Department of Revenue/Tax], [Other Relevant State Agencies] shall develop and implement systems, policies, and practices that encourage, facilitate, and streamline determination of eligibility for insurance affordability programs and enrollment in State health insurance coverage to achieve the purposes of the easy enrollment program.
iv) Continuous Coverage for Children
1) On or before [DATE], subject to federal financial participation, and subject to subdivision 4(c), an eligible child shall remain continuously enrolled for the [STATE] Medicaid or health care coverage available through the federal children’s health insurance program (CHIP) up to six years of age. The [Department] shall seek any federal approvals that may be necessary to implement this subdivision. Implementation of this section is contingent on all of the following conditions:
(a) All necessary federal approvals have been obtained by the [Department] pursuant to subdivision 4(c).
(b) The Legislature has appropriated funding to implement this section after a determination that ongoing General Fund resources are available to support the ongoing implementation of this section in the [DATE] fiscal year and subsequent fiscal years.
(c) The [Department] has determined that systems have been programmed to implement this section.
2) If at any time the [Director of the Department] determines that the eligibility criteria established under this section for the program may jeopardize the state’s ability to receive federal financial participation under the federal Patient Protection and Affordable Care Act (Public Law 111-148), any amendment or extension of that act, or any similar federal legislation affecting federal financial participation, the director may alter the eligibility criteria to the extent necessary for the state to receive that federal financial participation.
3) This section shall be implemented only to the extent that any necessary federal approvals are obtained, and federal financial participation is available and not otherwise jeopardized.
v) Definitions
1) “Exchange” means the State health insurance exchange;
2) “Health coverage program” means Medicaid, health care coverage available through the federal children’s health insurance program (CHIP), a qualified health plan available through the exchange pursuant to the [STATE] healthcare exchange or a health plan available through the [STATE] medical insurance pool;
3) “Insurance-relevant information” means information pertaining to the insurance enrollment status of a taxpayer or members of a taxpayer’s household and that is derived or obtained from the taxpayer’s state income tax return; provided that information is limited to that information necessary to assess the eligibility of the taxpayer or members of the taxpayer’s household for health coverage programs and includes:
(a) Adjusted gross income and other types of reported income used to assess eligibility for health coverage programs;
(b) Household size;
(c) Claimed dependents; and
(d) Contact information and identifying information necessary to assess health coverage program eligibility and used to match against relevant third-party data sources.
e) Streamlined Eligibility Determination for National School Lunch Program (NSLP) and the School Breakfast Program
i) Unless or until such time as an in-state universal school meals program exists, the [Health and Human Services Agency] and the [Department of Education] shall develop and implement a plan that enables school districts [or relevant school administrative units] to streamline student eligibility determinations related to the NSLP and School Breakfast Program. At a minimum, the implemented plan shall:
1) Provide for automatic enrollment in NSLP and the School Breakfast Program the following:
(a) Students considered categorically eligible under 7 C.F.R. §245.2.
(b) Students receiving Medicaid, if the State is able to join the Medicaid USDA demonstration or otherwise able to utilize Medicaid data as a result of the State interagency data sharing agreement.
2) Require school districts [or relevant school administrative unit] eligible for the community eligibility provision under the federal Healthy, Hunger-Free Kids Act of 2010, P.L. 111-296 §104(a) or other federal universal meal programs to maximize participation in those programs.
f) The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.