Maryland Department of Health and Department of Human Services - Public Benefits - Eligibility and Prohibitions

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1331*

HOUSE BILL 1331
J1, O1, P1 6lr3625

By: Delegates Grammer, Arikan, Chisholm, Fisher, M. Morgan, Nawrocki, and
Szeliga
Introduced and read first time: February 12, 2026
Assigned to: Appropriations and Health

A BILL ENTITLED

AN ACT concerning 1

Maryland Department of Health and Department of Human Services – Public 2
Benefits – Eligibility and Prohibitions 3

FOR the purpose of requiring the Maryland Department of Health and the Department of 4
Human Services to enter into certain data–sharing agreements with certain agencies 5
to conduct certain reviews related to eligibility for and use of certain public benefits; 6
establishing requirements related to redeterminations of eligibility , a waiver for a 7
certain lockout period, retroactive eligibility, and work requirements under the 8
Maryland Medical Assistance Program; prohibiting the Maryland Department of 9
Health from accepting certain i nformation in the form of a self –attestation; 10
prohibiting the Maryland Department of Health from providing services under the 11
Maryland Medical Assistance Program to an individual who is not a qualified citizen; 12
requiring the Department of Human Services, in consultation with law enforcement 13
agencies, to conduct annual inspections of certain retail facilities; prohibiting the 14
Department of Human Services from allowing certain individuals to access certain 15
public assistance on the basis of immigration status; and generally relating to 16
eligibility for public assistance programs. 17

BY repealing and reenacting, without amendments, 18
Article – Health – General 19
Section 15–101(a), (h), and (i) 20
Annotated Code of Maryland 21
(2023 Replacement Volume and 2025 Supplement) 22

BY adding to 23
Article – Health – General 24
Section 15–123.1, 15–123.2, 15–123.3, and 15–123.4 25
Annotated Code of Maryland 26
(2023 Replacement Volume and 2025 Supplement) 27

2 HOUSE BILL 1331

BY repealing and reenacting, without amendments, 1
Article – Human Services 2
Section 5–101(a), (c), and (g) and 5–503 3
Annotated Code of Maryland 4
(2019 Replacement Volume and 2025 Supplement) 5

BY repealing and reenacting, with amendments, 6
Article – Human Services 7
Section 5–501 8
Annotated Code of Maryland 9
(2019 Replacement Volume and 2025 Supplement) 10

BY adding to 11
Article – Human Services 12
Section 5–503.1 13
Annotated Code of Maryland 14
(2019 Replacement Volume and 2025 Supplement) 15

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
That the Laws of Maryland read as follows: 17

Article – Health – General 18

15–101. 19

(a) In this title the following words have the meanings indicated. 20

(h) “Program” means the Maryland Medical Assistance Program. 21

(i) “Program recipient” means an individual who receives benefits under the 22
Program. 23

15–123.1. 24

(A) THE DEPARTMENT SHALL ESTA BLISH MEMORANDUMS OF 25
UNDERSTANDING WITH F EDERAL AND STATE AGENCIES TO FAC ILITATE 26
DATA–SHARING IN ORDER TO CONDUCT: 27

(1) MONTHLY DEATH RECORD REVIEWS, USING THE VITAL 28
STATISTICS ADMINISTRATION DATABA SE T O IDENTIFY DECEASED INDIVIDUALS 29
WHO ARE PROGRAM RECIPIENTS; 30

(2) QUARTERLY REVIEWS, IN CONSULTATION WITH THE MARYLAND 31
DEPARTMENT OF LABOR, TO DETERMINE THE EFF ECT OF EMPLOYMENT OR WAGE 32
CHANGES ON THE CONTINUING ELIGIBILITY OF PROGRAM RECIPIENTS; 33

HOUSE BILL 1331 3

(3) QUARTERLY REVIEWS OF TAX FILINGS FROM THE COMPTROLLER 1
TO VERIFY EMPLOYMENT , INCOME, AND RESIDENCY CHANGE S OF PROGRAM 2
RECIPIENTS; 3

(4) ANNUAL REVIEWS OF INF ORMATION FROM THE INTERNAL 4
REVENUE SERVICE THAT MAY AFFECT THE ELIGIBILITY OF PROGRAM RECIPIENTS, 5
INCLUDING: 6

(I) TAX FILINGS; 7

(II) ADJUSTED GROSS INCOME DATA; AND 8

(III) FAMILY COMPOSITION DATA; 9

(5) NOTWITHSTANDING § 15–113 OF THIS SUBTITLE , MONTHLY 10
REVIEWS OF INCARCERA TED INDIVIDUALS , IN CONSULTATION WITH THE 11
DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES, TO ENSURE 12
THAT INCARCERATED IN DIVIDUALS ARE NOT RE CEIVING BENEFITS UND ER THE 13
PROGRAM; 14

(6) MONTHLY REVIEWS OF IN FORMATION FROM THE F EDERAL 15
SOCIAL SECURITY ADMINISTRATION THAT M AY AFFECT THE ELIGIB ILITY OF 16
PROGRAM RECIPIENTS, INCLUDING: 17

(I) INCOME INFORMATION; 18

(II) DEATH REGISTER INFORMATION; 19

(III) INCARCERATION RECORDS; 20

(IV) SUPPLEMENTAL SECURITY INCOME INFORMATION; 21

(V) BENEFICIARY RECORDS; AND 22

(VI) PENSION INFORMATION; 23

(7) TWICE MONTHLY REVIEWS OF UNEMPLOYMENT INSU RANCE 24
BENEFITS RECORDS , IN CONSULTATION WITH THE MARYLAND DEPARTMENT OF 25
LABOR, TO VERIFY CHANGES IN EMPLOYMENT OR INCOME THAT MIGHT AFFECT THE 26
CONTINUING ELIGIBILITY OF PROGRAM RECIPIENTS USING: 27

(I) SOCIAL SECURITY ADMINISTRATION EARNINGS AND DEATH 28
RECORDS; 29
4 HOUSE BILL 1331

(II) U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES 1
NATIONAL DIRECTORY OF NEW HIRES; 2

(III) U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES 3
CHILD SUPPORT ENFORCEMENT RECORDS; 4

(IV) U.S. DEPARTMENT OF HOUSING AND URBAN 5
DEVELOPMENT PAYMENT AND EARNINGS DATA; AND 6

(V) FEDERAL BUREAU OF INVESTIGATION NATIONAL INSTANT 7
CRIMINAL BACKGROUND CHECK SYSTEM RECORDS OF FUGITIVES FROM JUSTICE; 8

(8) MONTHLY REVIEWS OF AD DRESS INFORMATION TO DETERMINE 9
PROGRAM RECIPIENT RESIDENCY THAT MAY AFFECT CONTINUING ELIGIBILITY OF 10
PROGRAM RECIPIENTS USING: 11

(I) RETURNED MAIL; 12

(II) U.S. POSTAL SERVICE CHANGE OF ADDRESS DATA; AND 13

(III) MANAGED CARE ORGANIZATION ENROLLEE ADDRESS DATA; 14

(9) MONTHLY REVIEWS, IN CONSULTATION WITH THE DEPARTMENT 15
OF HUMAN SERVICES, OF OUT–OF–STATE ELECTRONIC BENEFITS TRANSFER CARD 16
TRANSACTIONS TO VE RIFY THAT INDIVIDUAL S RECEIVING PUBLIC A SSISTANCE 17
RESIDE IN THE STATE; AND 18

(10) QUARTERLY REVIEWS OF COMPLIANCE WITH THE WORK 19
REQUIREMENTS ESTABLISHED UNDER § 15–123.3 OF THIS SUBTITLE USING: 20

(I) WAGE AND INCOME DATA; 21

(II) EDUCATIONAL TRAINING PROGRAM ENROLLMENT DA TA; 22
AND 23

(III) VOLUNTEER SERVICE DOCUMENTATION. 24

(B) UNLESS OTHERWISE PROH IBITED BY FEDERAL LA W, AT LEAST ONCE 25
EVERY 6 MONTHS, THE DEPARTMENT SHALL COND UCT ELIGIBILITY 26
REDETERMINATIONS FOR ALL NONELDERLY ADULT PROGRAM RECIPIENTS WHOSE 27
ELIGIBILITY IS DETERMINED BASED ON THE APPLICATION OF MODIFIED ADJUSTED 28
GROSS INCOME STANDARDS. 29
HOUSE BILL 1331 5

(C) THE DEPARTMENT MAY CONTRACT WITH A THIRD PARTY TO CONDUCT 1
PUBLIC AND PRIVATE DATABASE SEARCHES FOR INFORMATION THAT INDICATES A 2
CHANGE IN CIRCUMSTANCES THAT MAY AFFECT PROGRAM ELIGIBILITY. 3

(D) UNLESS REQUIRED BY FE DERAL LAW, WHEN DETERMINING PROGRAM 4
ELIGIBILITY, THE DEPARTMENT MAY NOT AC CEPT SELF –ATTESTATION OF 5
INFORMATION FOR PURPOSES OF DETERMINING: 6

(1) INCOME; 7

(2) IDENTITY; 8

(3) RESIDENCY; 9

(4) HOUSEHOLD COMPOSITION; 10

(5) CITIZENSHIP STATUS; 11

(6) IMMIGRATION STATUS; 12

(7) EDUCATION OR TRAINING PROGRAM ENROLLMENT; 13

(8) VOLUNTEER SERVICE; OR 14

(9) OTHER ELIGIBILITY FACTORS. 15

(E) THE DEPARTMENT SHALL SEEK APPROVAL FROM THE CENTERS FOR 16
MEDICARE AND MEDICAID SERVICES FOR A § 1115 WAIVER TO IMPOSE A 6–MONTH 17
LOCKOUT PERIOD FOR A PROGRAM RECIPIENT WHO: 18

(1) IS AT LEAST 19 YEARS OLD AND UNDER THE AGE OF 65 YEARS; 19

(2) FAILS TO REPORT A CHANGE IN ELIGIBILITY; AND 20

(3) IS NOT: 21

(I) DESIGNATED AS DISABLE D BY A GOVERNMENT AL ENTITY; 22
OR 23

(II) PREGNANT. 24

6 HOUSE BILL 1331

(F) THE DEPARTMENT AND THE STATE LOTTERY AND GAMING CONTROL 1
AGENCY SHALL ENTER IN TO AN AGREEMENT TO I DENTIFY THE NAMES OF EACH 2
PROGRAM RECIPIENT WHO HAS WON A PRIZE OF $600 OR MORE. 3

(G) BEGINNING ON OR BEFOR E OCTOBER 1, 2029, ON A MONTHLY BASIS , 4
THE DEPARTMENT SHALL SUBM IT PROGRAM RECIPIENT INF ORMATION TO THE 5
CENTERS FOR MEDICARE AND MEDICAID SERVICES NATIONAL MEDICAID 6
ENROLLMENT DATABASE TO IDENTIFY INDIVIDU ALS ENROLLED IN MEDICAID IN 7
MULTIPLE STATES AT THE SAME TIME. 8

(H) THE DEPARTMENT SHALL PUBL ISH ON ITS WEBSITE Q UARTERLY 9
REPORTS ON INVESTIGATIONS AND COMPLIANCE FINDINGS RELATING TO PROGRAM 10
FRAUD, INCLUDING: 11

(1) THE NUMBER OF CASES INVESTIGATED; 12

(2) THE NUMBER OF CASES REFERRED FOR PROSECUTION; AND 13

(3) THE PERCENTAGE OF INE LIGIBLE PROGRAM RECIPIENTS 14
IDENTIFIED. 15

(I) (1) ON OR BEFORE AUGUST 31 EACH YEAR, THE DEPARTMENT SHALL 16
REPORT TO THE GENERAL ASSEMBLY, IN ACCORDANCE WITH § 2–1257 OF THE 17
STATE GOVERNMENT ARTICLE, ON: 18

(I) THE NUMBER OF PROGRAM RECIPIENTS DISENROLLED 19
FROM THE PROGRAM FOLLOWING A REVIEW OF ADDRESS CHANGE INFORMATION OR 20
OUT–OF–STATE ELECTRONIC BENEFIT TRANSACTIONS; 21

(II) THE NUMBER OF PROGRAM RECIPIENTS DISENROLLED 22
FROM THE PROGRAM DUE TO ENROLLMENT IN MULTIPLE STATES; AND 23

(III) THE ESTIMATED FISCAL IMPACT TO THE STATE AS A 24
RESULT OF DISENROLLING THE PROGRAM RECIPIENTS DESCRIBED UNDER ITEMS 25
(I) AND (II) OF THIS PARAGRAPH FROM THE PROGRAM. 26

(2) THE REPORT SHALL BE M ADE PUBLICLY AVAILABLE ON THE 27
DEPARTMENT’S WEBSITE. 28

(J) THE DEPARTMENT SHALL ADOP T REGULATIONS TO CAR RY OUT THIS 29
SECTION. 30

15–123.2. 31
HOUSE BILL 1331 7

(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 1
INDICATED. 2

(2) “EXPANSION POPULATION ” MEANS INDIVIDUALS WH O ARE 3
ELIGIBLE TO PARTICIPATE IN THE PROGRAM UNDER § 1902(A)(10)(A)(I)(VIII) OF 4
THE FEDERAL SOCIAL SECURITY ACT, COMMONLY KNOWN AS TH E MEDICAID 5
EXPANSION POPULATION UNDER THE AFFORDABLE CARE ACT. 6

(3) “NONEXPANSION POPULATI ON” MEANS ALL INDIVIDUAL S 7
ELIGIBLE TO P ARTICIPATE IN THE PROGRAM WHO DO NOT QU ALIFY UNDER THE 8
EXPANSION POPULATION , INCLUDING PREGNANT W OMEN, CHILDREN, ELDERLY 9
INDIVIDUALS, AND INDIVIDUALS WITH DISABILITIES. 10

(4) “RETROACTIVE ELIGIBILITY” MEANS PROGRAM COVERAGE FOR 11
SERVICES PROVIDED BEFORE THE MONTH OF APPLICATION AS AUTHORIZED BY 42 12
U.S.C. § 1396(A)(34). 13

(B) (1) THE DEPARTMENT SHALL LIMIT RETROACTIVE ELIGIBILITY FOR 14
INITIAL PROGRAM APPLICANTS TO: 15

(I) FOR INDIVIDUALS DETER MINED TO BE ELIGIBLE AS PART 16
OF THE EXPANSION POP ULATION, 1 MONTH BEFORE THE MONTH IN WHICH T HE 17
INDIVIDUAL SUBMITS AN APPLICATION; AND 18

(II) FOR INDIVIDUALS ELIGI BLE AS PART OF THE 19
NONEXPANSION POPULAT ION, 2 MONTHS BEFORE THE MONTH IN WHICH T HE 20
INDIVIDUAL SUBMITS AN APPLICATION. 21

(2) THE LIMITATIONS ESTABLISHED UNDER PARAGRAPH (1) OF THIS 22
SUBSECTION: 23

(I) APPLY ONLY TO INITIAL APPLICATIONS TO THE PROGRAM; 24
AND 25

(II) MAY NOT BE CONSTRUED TO AFFECT ELIGIBILITY F OR 26
CONTINUOUS OR ONGOING COVERAGE. 27

(C) THE DEPARTMENT SHALL: 28

(1) ESTABLISH PROCEDURES TO NOTIFY APPLICANTS AND 29
PROVIDERS OF CHANGES IN THE RETROACTIVE ELIGIBILITY POLICY; AND 30

8 HOUSE BILL 1331

(2) ENSURE COMPLIANCE WIT H ALL FEDERAL AND STATE 1
REQUIREMENTS REGARDING NOTICE AND DUE PROCESS. 2

(D) (1) ON OR BEFORE AUGUST 31 EACH YEAR, THE DEPARTMENT SHALL 3
REPORT TO THE GENERAL ASSEMBLY, IN ACCORDANCE WITH § 2–1257 OF THE 4
STATE GOVERNMENT ARTICLE, ON THE IMPLEMENTATIO N AND IMPACT OF THE 5
RETROACTIVE BENEFITS LIMITATIONS ESTABLISHED UNDER SUBSECTION (B) OF 6
THIS SECTION, INCLUDING: 7

(I) THE NUMBER OF PROGRAM APPLICATIONS PROCESSED 8
FOR THE EXPANSION POPULATION AND THE NONEXPANSION POPULATION; 9

(II) THE NUMBER OF PROGRAM RECIPIENTS DE NIED 10
RETROACTIVE BENEFITS BEYOND THE LIMITATIONS ESTA BLISHED UNDER 11
SUBSECTION (B) OF THIS SECTION; AND 12

(III) THE ESTIMATED FISCAL IMPACT OF THE LIMITA TIONS ON 13
RETROACTIVE BENEFITS ON THE PROGRAM. 14

(2) THE REPORT SHALL BE M ADE PUBLICLY AVAILAB LE ON THE 15
DEPARTMENT’S WEBSITE. 16

(E) ANY TAXPAYER IN THE STATE MAY BRING AN ACTION TO ENFORCE THIS 17
SECTION. 18

(F) AN ACTION FOR A DECLA RATORY JUDGMENT OR I NJUNCTIVE RELIEF 19
MAY BE BROUGHT UNDER THIS SECTION AGAINST THE DEPARTMENT FOR 20
VIOLATING THIS SECTION. 21

(G) THE DEPARTMENT SHALL ADOP T REGULATIONS TO CAR RY OUT THIS 22
SECTION. 23

15–123.3. 24

(A) (1) IN THIS SECTION T HE FOLLOWING WORDS H AVE THE MEANINGS 25
INDICATED. 26

(2) “APPLICABLE PROGRAM RECIPIENT” MEANS AN INDIVIDUAL WHO 27
IS SUBJECT TO WORK R EQUIREMENTS UNDER FE DERAL LAW , REGULATION, OR 28
GUIDANCE. 29

(3) “WORK REQUIREMENTS ” MEANS THE REQUIREMEN TS 30
ESTABLISHED UNDER 42 U.S.C. § 1396A(XX). 31
HOUSE BILL 1331 9

(B) (1) ON OR BEFORE DECEMBER 31, 2026, THE DEPARTMENT SHALL 1
IMPLEMENT WORK REQUIREMENTS FOR ALL APPLICABLE PROGRAM RECIPIENTS. 2

(2) THE DEPARTMENT SHALL REQUIRE DOCUMENTARY EVIDENCE OF 3
COMPLIANCE WITH THIS SECTION. 4

(C) THE DEPARTMENT MAY NOT AP PROVE AN EXEMPTION F ROM THE 5
REQUIREMENTS OF THIS SECTION FOR AN INDIV IDUAL, BASED ON THE STATUS OF 6
THE INDIVIDUAL AS MEDICALLY FRAIL OR OTHERWISE BEING AN INDIVIDUAL WITH 7
SPECIAL MEDICAL NEEDS , UNLESS THE INDIVIDUA L HAS BEEN CERTIFIED AS 8
HAVING A DISABLING M ENTAL DISORDER , A PHYSICAL , INTELLECTUAL, OR 9
DEVELOPMENTAL DISABILITY THAT SIGN IFICANTLY IMPAIRS TH E INDIVIDUAL’S 10
ABILITY TO PERFORM A CTIVITIES OF DAILY L IVING, OR IS IN TREA TMENT FOR A 11
CHRONIC SUBSTANCE USE DISORDER, BY: 12

(1) A PHYSICIAN; 13

(2) A PHYSICIAN’S ASSISTANT; 14

(3) A NURSE; 15

(4) A NURSE PRACTITIONER; 16

(5) A REPRESENTATIVE OF A P HYSICIAN’S OFFICE AUTHORIZED TO 17
PROVIDE THE CERTIFICATION; 18

(6) A PSYCHOLOGIST; OR 19

(7) A SOCIAL WORKER. 20

(D) THE DEPARTMENT MAY NOT: 21

(1) EXPAND THE DESCRIPTION OF AN INDIVIDUAL WHO IS MEDICALLY 22
FRAIL OR OTHERWISE AN INDIVIDUAL WITH SPECIAL MEDICAL NEEDS BEYOND THE 23
SCOPE ESTABLISHED UNDER 42 C.F.R. § 440.315(F); 24

(2) SEEK OR IMPLEMENT AN ADDITIONAL EXEMPTION TO WORK 25
REQUIREMENTS UNLESS SPECIFICALLY AUTHORIZED UNDER THIS TITLE; OR 26

(3) AUTHORIZE A MANAGED C ARE ORGANIZATION TO DETERMINE 27
WHETHER A PROGRAM RECIPIENT IS EXEMPT FROM THE REQU IREMENTS OF THIS 28
SECTION. 29
10 HOUSE BILL 1331

(E) THE DEPARTMENT SHALL TERMINATE THE ELIGIBILITY OF A PROGRAM 1
RECIPIENT WHO IS SUBJECT TO THE WO RK REQUIREMENTS OF T HIS SECTION AND 2
FAILS TO COMPLY. 3

(F) BEGINNING MARCH 31, 2027, AND ON A QUARTERLY B ASIS 4
THEREAFTER, THE DEPARTMENT SHALL REPO RT TO THE GOVERNOR AND , IN 5
ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE GENERAL 6
ASSEMBLY ON: 7

(1) THE NUMBER AND TYPE O F WORK REQUIREMENT E XEMPTIONS 8
GRANTED TO PROGRAM RECIPIENTS; AND 9

(2) THE IMPACT OF THOSE EXEMPTIONS ON PROGRAM ENROLLMENT. 10

15–123.4. 11

(A) IN THIS SECTION, “QUALIFIED CITIZEN” MEANS AN INDIVIDUAL WHO IS 12
A RESIDENT OF THE UNITED STATES AND WHO IS: 13

(1) A CITIZEN OR IS OTHERWISE A NATIONAL OF THE UNITED STATES; 14

(2) AN ALIEN LAWFULLY ADMITTED FOR PERMANENT RESIDENCE AS 15
AN IMMIGRANT; 16

(3) AN ALIEN WHO HAS BEEN GRANTED THE STATUS O F CUBAN OR 17
HAITIAN ENTRANT, AS DEFINED IN SECTION 501(E) OF THE REFUGEE EDUCATION 18
ASSISTANCE ACT OF 1980; OR 19

(4) AN INDIVIDUAL LAWFULLY RESIDING IN THE UNITED STATES IN 20
ACCORDANCE WITH A COMPACT OF FREE ASSOCIATION, AS APPLICABLE UNDER 8 21
U.S.C. § 1612(B)(2)(G). 22

(B) (1) THE DEPARTMENT MAY NOT PR OVIDE COVERAGE UNDER THE 23
PROGRAM TO AN INDIVIDUAL UNLESS THE INDIVIDUAL IS A QUALIFIED CITIZEN. 24

(2) THE DEPARTMENT SHALL REQUIRE THAT INCOME OF INELIGIBLE 25
HOUSEHOLD MEMBERS BE INCLUDED WHEN CALCULATING FINANCIAL ELIGIBILITY 26
FOR THE PROGRAM. 27

(C) THE DEPARTMENT SHALL INCLUDE AN IMMIGRATION STATUS FIELD ON 28
ALL APPLICATIONS FOR PROGRAM SERVICES. 29

HOUSE BILL 1331 11

(D) THE DEPARTMENT SHALL: 1

(1) VERIFY WHETHER AN IND IVIDUAL IS A QUALIFI ED CITIZEN 2
BEFORE PROGRAM ENROLLMENT; 3

(2) CONDUCT REGULAR CROSS –CHECKS OF APPLICANT AND 4
PROGRAM RECIPIENT INF ORMATION AGAINST FED ERAL DATABASES , INCLUDING 5
THE SYSTEMATIC ALIEN VERIFICATION FOR ENTITLEMENTS PROGRAM; AND 6

(3) PROMPTLY REFER ALL AP PLICANTS IDENTIFIED AS AN 7
INDIVIDUAL WHO DOES NOT HAVE LAWFUL IMMI GRATION STATUS TO TH E U.S. 8
DEPARTMENT OF HOMELAND SECURITY OR OTHER APP ROPRIATE FEDERAL 9
AUTHORITIES. 10

(E) THIS SECTION MAY NOT BE CONSTRUED TO AFFECT COV ERAGE FOR 11
EMERGENCY MEDICAL SE RVICES PROVIDED TO A LL INDIVIDUALS AS RE QUIRED 12
UNDER 42 U.S.C. § 1396B(V). 13

Article – Human Services 14

5–101. 15

(a) In this title the following words have the meanings indicated. 16

(c) “Department” means the Department of Human Services. 17

(g) “Secretary” means the Secretary of Human Services. 18

5–501. 19

(a) (1) The Department may implement a Supplemental Nutrition Assistance 20
Program in accordance with the federal Supplemental Nutrition Assistance Program. 21

(2) The Supplemental Nutrition Assistance Program shall include: 22

(i) a Restaurant Meals Program in accordance with § 5 –505 of this 23
subtitle; and 24

(ii) a Heat and Eat Program in accordance with § 5 –506 of this 25
subtitle. 26

(b) The State shall bear the nonfederal portion of the administrative costs of the 27
Supplemental Nutrition Assistance Program for each county. 28

12 HOUSE BILL 1331

(c) Each local department shall administer the Supplemental Nutrition 1
Assistance Program: 2

(1) under the supervision and control of the Department; and 3

(2) in accordance with the regulations of the Department and federal law. 4

(d) If a household includes an individual who is at least 60 years old and receives 5
a federally funded benefit in an amount less than $50 per month under the Supplemental 6
Nutrition Assistance Program, the State shall provide a supplement to increase the total 7
benefit to $50 per month. 8

(E) (1) THE DEPARTMENT SHALL ESTA BLISH MEMORANDUMS OF 9
UNDERSTANDING WITH F EDERAL AND STATE AGENCIES TO FAC ILITATE 10
DATA–SHARING IN ORDER TO CONDUCT: 11

(I) MONTHLY DEATH RECORD REVIEWS USING THE VITAL 12
STATISTICS ADMINISTRATION DATABA SE TO IDENTIFY DECEA SED INDIVIDUALS 13
RECEIVING BENEFITS UNDER THE SUPPLEMENTAL NUTRITION ASSISTANCE 14
PROGRAM; 15

(II) QUARTERLY REVIEWS , IN CONSULTATION WITH THE 16
MARYLAND DEPARTMENT OF LABOR, TO DETERMINE THE EFFECT OF EMPLOYMENT 17
OR WAGE CHANGES OF H OUSEHOLDS RECEIVING BENEFITS UNDER THE 18
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM; 19

(III) MONTHLY REVIEWS OF O UT–OF–STATE ELECTRONIC 20
BENEFITS TRANSFER CARD TRANSAC TIONS TO VERIFY THAT INDIVIDUALS 21
RECEIVING BENEFITS UNDER THE SUPPLEMENTAL NUTRITION ASSISTANCE 22
PROGRAM RESIDE IN THE STATE; 23

(IV) QUARTERLY REVIEWS OF TAX FILINGS FROM THE 24
COMPTROLLER TO IDENTI FY INCOME CHANGES OF HOUSEHOLDS RECEIVING 25
BENEFITS UNDER THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM; 26

(V) MONTHLY REVIEWS OF I NCARCERATED INDIVIDU ALS, IN 27
CONSULTATION WITH THE DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL 28
SERVICES, TO: 29

1. ENSURE THAT INCARCERATED INDIVIDUALS ARE NOT 30
RECEIVING BENEFITS UNDER THE SUPPLEMENTAL NUTRITION ASSISTANCE 31
PROGRAM; AND 32

HOUSE BILL 1331 13

2. DETERMINE THE EFFECT OF AN INDIVIDUAL ’S 1
INCARCERATION ON HOU SEHOLDS RECEIVING BENEFITS UNDER THE 2
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM; 3

(VI) TWICE MONTHLY REVIEWS OF UNEMPLOYMENT INSURANCE 4
BENEFITS, IN CONSULTATION WITH THE MARYLAND DEPARTMENT OF LABOR, TO 5
VERIFY CHANGES IN EM PLOYMENT OR INCOME E LIGIBILITY OF A HOUS EHOLD 6
RECEIVING BENEFITS UNDER THE SUPPLEMENTAL NUTRITION ASSISTANCE 7
PROGRAM USING THE FOLLOWING: 8

1. SOCIAL SECURITY ADMINISTRATION EARNINGS , 9
SUPPLEMENTAL SECURITY INCOME, BENEFICIARY, PENSION, AND DEATH 10
RECORDS; 11

2. U.S. DEPARTMENT OF HEALTH AND HUMAN 12
SERVICES NATIONAL DIRECTORY OF NEW HIRES; 13

3. U.S. DEPARTMENT OF HEALTH AND HUMAN 14
SERVICES CHILD SUPPORT ENFORCEMENT RECORDS; 15

4. U.S. DEPARTMENT OF HOUSING AND URBAN 16
DEVELOPMENT PAYMENT AND EARNINGS DATA; AND 17

5. FEDERAL BUREAU OF INVESTIGATION NATIONAL 18
INSTANT CRIMINAL BACKGROUND CHECK SYSTEM RECORDS OF FUG ITIVES FROM 19
JUSTICE; AND 20

(VII) MONTHLY REVIEWS OF A DDRESS INFORMATION TO 21
DETERMINE CHANGES IN RESIDENCY THAT MAY A FFECT CONTINUING ELIGIBILITY 22
OF INDIVIDUALS RECEI VING BENEFITS UNDER THE SUPPLEMENTAL NUTRITION 23
ASSISTANCE PROGRAM USING: 24

1. RETURNED MAIL; AND 25

2. U.S. POSTAL SERVICE CHANGE OF ADDRESS DATA. 26

(2) THE DEPARTMENT MAY CONTRA CT WITH A THIRD PART Y TO 27
CONDUCT PUBLIC AND P RIVATE DATABASE SEAR CHES FOR INFORMATION THAT 28
INDICATES A CHANGE I N CIRCUMSTANCES THAT MAY AFFECT ELIGIBILI TY FOR 29
BENEFITS UNDER THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM. 30

(3) (I) WHEN DETERMINING ELIG IBILITY FOR BENEFITS UNDER 31
THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM, THE DEPARTMENT MAY 32
14 HOUSE BILL 1331

NOT APPLY CATEGORICA L ELIGIBILITY UNDER 7 U.S.C. § 2014(A) OR 7 C.F.R. § 1
273.2(J)(2)(III), UNLESS REQUIRED BY FEDERAL LAW. 2

(II) WHEN DETERMINING ELIG IBILITY FOR BENEFITS UNDER 3
THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM, UNLESS REQUIRED BY 4
FEDERAL LAW, THE DEPARTMENT MAY NOT: 5

1. APPLY A HIGHER GROSS INCOME ELIGIBILITY 6
STANDARD THAN THE GROSS INCOME ELIGIBILITY UNDER 7 U.S.C. § 2014(C); OR 7

2. ALLOW FINANCIAL RESO URCES GREATER THAN 8
THOSE SPECIFIED IN 7 U.S.C. § 2014(G). 9

(4) A HOUSEHOLD ELIGIBLE T O RECEIVE BENEFITS UNDER THE 10
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM UNDER FEDERAL AND STATE 11
LAW SHALL REPORT A CHANGE IN CIRCUMSTANCES AFFECTING ELIGIBILITY WITHIN 12
10 DAYS AFTER THE CHANG E OCCURRED , IN ACCORDANCE WITH 7 C.F.R. § 13
273.12(A)(1). 14

(5) IF THE DEPARTMENT RECEIVES INFORMATION CONCERNING AN 15
INDIVIDUAL RECEIVING BENEFITS UNDER THE SUPPLEMENTAL NUTRITION 16
ASSISTANCE PROGRAM THAT INDICATES A CHANGE IN CIRCUMSTANCES THAT MAY 17
AFFECT ELIGIBILITY , THE DEPARTMENT SHALL REVI EW THE INDIVIDUAL ’S OR 18
HOUSEHOLD’S ELIGIBILITY. 19

(6) THE DEPARTMENT SHALL ASSI GN REGULAR RECERTIFI CATION 20
PERIODS OF NO T GREATER THAN 4 MONTHS, BUT NOT LESS THAN 3 MONTHS, TO 21
HOUSEHOLDS: 22

(I) WITH ZERO NET INCOME; 23

(II) THAT INCLUDE AN ABLE –BODIED ADULT WITHOUT 24
DEPENDENTS; AND 25

(III) WHOSE CIRCUMSTANCES ARE DETERMINED BY TH E 26
DEPARTMENT TO BE UNSTABLE. 27

(7) THE DEPARTMENT, IN CONSULTATION WITH LAW ENFORCEMENT 28
AGENCIES, SHALL CONDUCT ANNUAL ON–SITE INSPECTIONS OF RETAIL FACILITIES 29
ACCEPTING ELECTRONIC BENEFITS TRANSFER CARD TRANSACTIONS TO IDENTIFY 30
POTENTIAL FRAUD. 31

HOUSE BILL 1331 15

(8) (I) THE DEPARTMENT AND THE STATE LOTTERY AND GAMING 1
CONTROL AGENCY SHALL ENTER INTO AN AGREEMENT TO IDENTIFY THE NAMES OF 2
EACH RECIPIENT OF BENEFITS UNDER TH E SUPPLEMENTAL NUTRITION 3
ASSISTANCE PROGRAM WHO HAS WON A PRIZE OF $600 OR MORE. 4

(II) THE DEPARTMENT SHALL INVE STIGATE WHETHER A 5
HOUSEHOLD EXCEEDS RE SOURCE ELIGIBILITY U NDER 7 C.F.R. § 273.8(B) OR 7 6
U.S.C. § 2014(G)(1). 7

(9) THE DEPARTMENT SHALL PUBLISH ON ITS WEBSITE QUARTERLY 8
REPORTS ON INVESTIGA TIONS AND COMPLIANCE FINDINGS RELATING TO 9
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM FRAUD, INCLUDING: 10

(I) THE NUMBER OF HOUSEHOLDS INVESTIGATED; 11

(II) THE NUMBER OF INDIVI DUALS REFERRED FOR 12
PROSECUTION; 13

(III) THE TOTAL NUMBER AND AMOUNT OF IMPROPER PAYMENTS 14
RECOVERED; 15

(IV) THE PERCENTAGE OF INELIGIBLE RECIPIENTS IDENTIFIED; 16
AND 17

(V) THE TOTAL EXPENDITUR E OF FUNDS ON OUT –OF–STATE 18
ELECTRONIC BENEFITS TRANSFER CARD TRANSACTIONS. 19

(10) THE DEPARTMENT SHALL ADOP T REGULATIONS TO CAR RY OUT 20
THIS SECTION. 21

5–503. 22

Subject to the State budget, the Department shall provide food supplement benefits 23
to a legal immigrant who: 24

(1) is a minor; 25

(2) is ineligible for federally funded Supplemental Nutrition Assistance 26
Program benefits because of immigration status; 27

(3) meets all other Supplemental Nutrition Assistance Program eligibility 28
requirements; and 29

(4) meets any other requirements of the State. 30
16 HOUSE BILL 1331

5–503.1. 1

(A) AN INDIVIDUAL MAY NOT RECEIVE BENEFITS UNDER THE 2
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM UNLESS THE INDIVIDUAL IS A 3
RESIDENT OF THE UNITED STATES AND IS: 4

(1) A CITIZEN OR NATIONAL OF THE UNITED STATES; 5

(2) AN ALIEN LAWFULLY ADMITTED FOR PERMANENT RESIDENCE AS 6
AN IMMIGRANT; 7

(3) AN ALIEN WHO HAS BEE N GRANTED THE STATUS OF CUBAN OR 8
HAITIAN ENTRANT, AS DEFINED IN SECTION 501(E) OF THE REFUGEE EDUCATION 9
ASSISTANCE ACT OF 1980; OR 10

(4) AN INDIVIDUAL LAWFULLY RESIDING IN THE UNITED STATES IN 11
ACCORDANCE WITH A COMPACT OF FREE ASSOCIATION, AS APPLICABLE UNDER 8 12
U.S.C. § 1612(B)(2)(G). 13

(B) (1) THE DEPARTMENT SHALL VERI FY THAT AN INDIVIDUA L IS 14
ELIGIBLE TO RECEIVE BENEFITS UNDER THE SUPPLEMENTAL NUTRITION 15
ASSISTANCE PROGRAM UNDER 7 U.S.C. § 2015(F) AND SUBSECTION (A) OF THIS 16
SECTION BY R EQUIRING AN INDIVIDU AL TO PROVIDE PROOF OF CITIZENSHIP OR 17
ELIGIBLE ALIEN STATUS BY PROVIDING DOCUMENTATION, INCLUDING: 18

(I) A BIRTH OR HOSPITAL RECORD; 19

(II) A VOTER REGISTRATION CARD; 20

(III) A U.S. PASSPORT; AND 21

(IV) U.S. CUSTOMS AND IMMIGRATION SERVICE 22
DOCUMENTATION. 23

(2) (I) IF AN INDIVIDUAL IS E LIGIBLE TO RECEIVE BENEFITS 24
UNDER THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM UNDER 25
SUBSECTION (A) OF THIS SECTION AND IS NOT A CITIZEN OR NATIONAL OF THE 26
UNITED STATES, THE DEPARTMENT SHALL VERI FY THE INDIVIDUAL’S STATUS 27
USING THE SYSTEMATIC ALIEN VERIFICATION FOR ENTITLEMENTS ONLINE 28
SERVICE. 29

HOUSE BILL 1331 17

(II) ON A MONTHLY BASIS , THE DEPARTMENT SHALL ASSE SS 1
THE CONTINUED ELIGIB ILITY OF AN INDIVIDU AL WHO IS NOT A CITI ZEN OR 2
NATIONAL OF THE UNITED STATES USING THE SYSTEMATIC ALIEN VERIFICATION 3
FOR ENTITLEMENTS ONLINE SERVICE OR ANY OTHER FEDERAL DATABASE USED TO 4
DETERMINE CITIZENSHIP OR IMMIGRATION STATUS. 5

(C) THE DEPARTMENT SHALL SUBM IT TO THE U.S. DEPARTMENT OF 6
AGRICULTURE INFORMATI ON CONCERNING ANY IN DIVIDUAL FOR WHOM TH E 7
DEPARTMENT IS UNABLE TO VERIFY ELIGIBLE I MMIGRATION STATUS UN DER 8
SUBSECTION (A) OF THIS SECTION, REGARDLESS OF WHETHER THE INDIVIDUAL IS 9
APPLYING FOR BENEFITS UNDER THE SUPPLEMENTAL NUTRITION ASSISTANCE 10
PROGRAM. 11

(D) (1) WHEN DETERMINING THE ELIGIBILITY AND BENE FIT AMOUNT 12
FOR ANY HOUSEHOLD AP PLYING FOR BENEFITS UNDER THE SUPPLEMENTAL 13
NUTRITION ASSISTANCE PROGRAM, THE DEPARTMENT SHALL INCL UDE THE 14
INCOME AND FINANCIAL RESOURCES OF ANY INDIVIDUAL IN THE HOUSEHOLD WHO 15
IS INELIGIBLE TO REC EIVE BENEFITS UNDER THE SUPPLEMENTAL NUTRITION 16
ASSISTANCE PROGRAM UNDER 7 U.S.C. § 2015(F) AND SUBSECTION (A) OF THIS 17
SECTION. 18

(2) NOTWITHSTANDING ANY O PTIONS PROVIDED UNDE R 7 C.F.R. § 19
273.11(C)(3), THE DEPARTMENT MAY NOT PRORATE OR EXCLUDE THE INCOME OR 20
FINANCIAL RESOURCES OF INELIGIBLE INDIVIDUALS. 21

SECTION 2. AND BE IT FURTHER ENACTED, That, if any provision of this Act or 22
the application of any provision of this Act to any person or circumstance is held invalid for 23
any reason in a court of competent jurisdiction, the invalidity does not affect other 24
provisions or any other application of this Act that can be given effect without the invalid 25
provision or application, and for this purpose the provisions of this Act are declared 26
severable. 27

SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 28
1, 2026. 29