Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 5 - SOCIAL SERVICES (§§ 20-76-101 — 20-86-113) › Chapter 76 - PUBLIC ASSISTANCE GENERALLY (§§ 20-76-101 — 20-76-805) › Subchapter 2 - ADMINISTRATION GENERALLY (§§ 20-76-201 — 20-76-215) › Section 20-76-215 - Program integrity in Supplemental Nutrition Assistance Program

(a)
Except when prohibited by federal law, the Department of Human Services shall adopt the following procedures to verify eligibility for participation in the Supplemental Nutrition Assistance Program or for receipt of Supplemental Nutrition Assistance Program benefits:
(1)
All conditions of eligibility for assistance shall be verified before authorization of assistance and during a recertification of a recipient's eligibility; and
(2)
(A)
Except when prohibited by federal law, it is a condition of eligibility for assistance that an applicant or recipient consents to the disclosure of information about the age, residence, citizenship, employment, application for employment, income, and resources of the applicant or recipient that are in the possession of a third party.
(B)
The consent of the applicant or recipient is effective to empower any third party to release information requested by the Department of Human Services.
(b)
(1)
(A)
The Department of Human Services shall enter into a data matching agreement with the Office of the Arkansas Lottery, Arkansas Racing Commission, and all other commissions and agencies with relevant information to identify individuals with lottery or gambling winnings.
(B)
Data received under a data matching agreement described in subdivision (b)(1)(A) of this section shall be treated as verified upon receipt.
(2)
(A)
On at least a monthly basis, the Department of Human Services shall review the information described in subdivision (b)(1) of this section and deny or revoke assistance for the entire household upon verification of any substantial winnings exceeding the resource limits for that household or the threshold set under
7 C.F.R. § 272.17
, as existing on January 1, 2021.
(B)
If the Department of Human Services discovers, including through a database match, that a household fails to disclose substantial winnings that would result in being ineligible for the Supplemental Nutrition Assistance Program, the household shall be referred to the Office of Appeals and Hearings of the Department of Human Services to determine whether an intentional program violation has occurred through a due process hearing.
(c)
The Department of Human Services shall review information:
(1)
From the Department of Health concerning individuals enrolled in assistance that indicates a change in circumstances, including without limitation death certificates, that may affect eligibility, on at least a monthly basis;
(2)
From the Division of Workforce Services, the Department of Finance and Administration, the United States Department of Health and Human Services, the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration, and the National Directory of New Hires concerning individuals enrolled in assistance that indicates a change in circumstances that may affect eligibility, including without limitation a change in employment or wages, on at least a quarterly basis;
(3)
From the Division of Workforce Services concerning individuals enrolled in assistance that indicates a change in circumstances that may affect eligibility, including without limitation a change in employment or wages;
(4)
Concerning individuals enrolled in assistance that indicates a change in circumstances that may affect eligibility, including without limitation potential changes in residency as identified by out-of-state electronic benefit transfer transactions, on at least a monthly basis; and
(5)
From the Department of Corrections and the Division of Correction concerning individuals enrolled in assistance that indicates a change in circumstances that may affect eligibility.
(d)
On at least an annual basis, the Department of Human Services shall make available to the public on its website data, including without limitation information regarding noncompliance and fraud investigations in assistance for the following aggregate and nonconfidential and nonpersonally identifying information:
(1)
The number of assistance cases investigated for intentional program violations or fraud;
(2)
The total number of assistance cases referred for prosecution;
(3)
Improper payments and expenditures;
(4)
Monies recovered;
(5)
Aggregate data concerning improper payments and ineligible recipients as a percentage of those investigated and reviewed; and
(6)
Aggregate amount of funds expended by electronic benefits transfer card transactions in each state outside of Arkansas.
(e)
If the Department of Human Services receives information concerning an individual or household enrolled in assistance that indicates a change in circumstances that may affect eligibility, the Department of Human Services shall review the individual's or household's case.
(f)
The Department of Human Services may execute a memorandum of understanding with any other state department, agency, or division for information required to be shared between agencies under this section.
(g)
(1)
Notwithstanding other provisions of law, a household receiving assistance shall be subject to change reporting and report changes in circumstances, established by
7 C.F.R. § 273.12(a)(1)
, as it existed on January 1, 2021, within ten (10) days of the date the change becomes known to the household unless the household is designated as a simplified reporting household.
(2)
(A)
A household that is designated as a simplified reporting household shall be assigned a certification period of six (6) months or less.
(B)
The Department of Human Services shall begin phasing in the reduction in certification periods for simplified reporting households no later than September 1, 2022.
Added by Act 2021, No. 780,§ 2, eff. 7/28/2021.