2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1605. Unemployment insurance integrity program

RS 23:1605 - Unemployment insurance integrity program
A. For the purposes of this Section, the following terms have the meanings ascribed to them:
(1) "Department" means the Louisiana Workforce Commission.
(2) "Integrity Data Hub" means the centralized, multi-state data analysis tool utilized by the National Association of State Workforce Agencies, which allows participating state unemployment insurance agencies to cross-match unemployment insurance claims against a database of information associated with potentially fraudulent claims or overpayments.
(3) "National Directory of New Hires" means the database that stores personal and financial data on employed individuals across the country and contains information and data on individuals receiving unemployment compensation.
(4) "New hire records" means the directory of newly hired and re-hired employees reported under state and federal law and managed by the child support enforcement section, division of family support, office of children and family services, Department of Children and Family Services.
(5) "Unemployment insurance rolls" means unemployed workers receiving unemployment insurance in the state.
B. The department shall be tasked with the responsibility of enhancing the integrity of the state's unemployment insurance program.
C. To ensure the integrity of the unemployment insurance program and to verify eligibility and to prevent fraudulent filing and payment of claims, the department is required to do all of the following:
(1) The department may use commercially available database solutions to check new hire records against the state's unemployment insurance rolls on a weekly basis.
(2) The department, on a weekly basis, shall check new hire records against the National Directory of New Hires.
(3) The department shall check the Integrity Data Hub or another commercially available database.
(4) The department, on a weekly basis, shall check the unemployment insurance rolls against the Louisiana Department of Public Safety and Corrections' list of incarcerated individuals.
(5) The department, on a weekly basis, shall check the unemployment insurance rolls against the Louisiana Department of Health state registrar and vital records' list of death records.
D. To ensure the integrity of the unemployment insurance program and to prevent the continuous payment of suspicious or potentially improper claims, the department shall perform a review and verify the eligibility of the following claims:
(1) Multiple or duplicative claims that are filed online originating from the same internet protocol address.
(2) Claims that are filed online from a foreign internet protocol address.
(3) Multiple or duplicative claims that are filed and associated with the same mailing address.
(4) Multiple or duplicative claims that are filed and associated with the same bank account.
E. When the department receives information concerning an individual who is participating in the unemployment compensation insurance program that indicates a change in circumstances that may affect his eligibility, the department shall review the individual's case and make a final determination of his eligibility in accordance with the provisions of R.S. 23:1600 and 1601.
F. Pursuant to the performance of all cross-match activities required by this Section, the Louisiana Workforce Commission shall provide to the legislature a report on or before June thirtieth annually. The report shall include all of the following:
(1) The department's rate of consistency in performing the weekly checks against the Integrity Data Hub or another commercially available database and the National Directory of New Hires.
(2) The type and amount of improper payments detected retroactively.
(3) The type and amount of improper payments prevented.
(4) The dollar amount the state has saved in preventing improper payments and, if any, in recouping improper payments.
G.(1) The department shall adopt and implement an internal administrative policy to recover improper overpayments to the fullest extent possible by state and federal law.
(2) The department shall, without exception, recover improper overpayments, unless doing so would violate existing state or federal law.
H. The department shall have the authority to execute a memorandum of understanding with any state department, agency, or division for data that is necessary to carry out the purposes of this Section.
I. The Louisiana Workforce Commission shall promulgate all rules and regulations necessary for the purposes of carrying out the provisions of this Section.
Acts 2020, 2nd Ex. Sess., No. 22, §1, eff. Jan. 1, 2021; Acts 2022, No. 571, §1.