1 Tex. Admin. Code § 357.562 - Determination and Disposition of Intentional Program Violations
(a) The Texas Department of Human Services
(DHS) determines the existence of intentional program violations; refers cases
for investigation, administrative hearings, and prosecution; takes collection
action and ensures clients' rights according to applicable Texas criminal
statutes and the following:
(1) Temporary
Assistance for Needy Families (TANF)--as provided in:
(A) Personal Responsibility and Work
Opportunity Act (42 U.S.C.
§
601 et. seq.);
(B) Human Resources Code, Chapter 31;
and
(C) Texas Government Code
Chapter 544, Subchapter I;
(2) Food Stamp Program--7 Code of Federal
Regulations, §§273.16 - 273.18; and
(3) Medicaid Program--42 Code of Federal
Regulations, §455.2 and §455.16.
(b) Individuals found to have committed an
intentional program violation in the food stamp and/or TANF programs through an
administrative disqualification hearing or who have signed a waiver of right to
an administrative disqualification hearing are subject to the disqualification
periods outlined in §79.1917 of this title (relating to Effect of an
Administrative Determination of Intentional Program Violation).
(c) If a person is convicted of a state or
federal offense for conduct, as described in §79.2001(c) of this title
(relating to Terms and General Policy), and such conduct is committed on or
after September 1, 2003, or if the person is granted deferred adjudication or
placed on community supervision for that conduct, the person is permanently
disqualified from receiving financial assistance.
(d) Individuals found to have committed an
intentional program violation in the Food Stamp Program by a court of
appropriate jurisdiction, or on the basis of a plea of nolo contendere or
otherwise in cases referred for prosecution in state or federal court, are
subject to the disqualification periods outlined in §79.1917(a) of this
title.
(e) In TANF cases, DHS does
not take the needs of the disqualified individual into account during the
period he is disqualified when determining the assistance unit's need and
amount of assistance. DHS considers any resources and income of the
disqualified individual as available to the assistance unit. DHS does not
disqualify an individual from the TANF program unless the overissuance of
benefits resulting from the intentional violation occurred in the month of
October 1988 or later.
(f)
Disqualified individuals are ineligible for TANF Medicaid benefits during the
disqualification period. However, they may qualify for and receive benefits
under provisions of Chapter 2 of this title (relating to Medically Needy and
Children and Pregnant Women Programs).
(g) A household member may be charged with an
intentional program violation even if he has not actually received benefits to
which he is not entitled.
(h) The
amount of the intentional program violation claim must be calculated back to
the month the act of intentional program violation occurred, regardless of the
length of time that elapsed until the determination of intentional program
violation was made. However, DHS must not include in its calculation any amount
of the overissuance that occurred in a month more than six years from the date
the overissuance was discovered for food stamp cases.
Notes
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