If a benefits applicant says they are a sponsored alien, the commission must try to notify them about possible sponsor reimbursement, may verify sponsorship information, and may seek reimbursement from the sponsor in certain cases.
Sec. 545.0103. VERIFICATION OF SPONSORSHIP INFORMATION FOR CERTAIN BENEFITS RECIPIENTS OR ENROLLEES; REIMBURSEMENT. (a) In this section, "sponsored alien" means an individual who: (1) has been lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act (8 U.S.C. Section 1101 et seq.); and (2) as a condition of that admission, was sponsored by another individual who executed an affidavit of support on the lawfully admitted individual's behalf. (b) This section applies only with respect to the following benefits programs: (1) the child health plan program under Chapter 62, Health and Safety Code; (2) the financial assistance program under Chapter 31, Human Resources Code; (3) Medicaid; and (4) the supplemental nutrition assistance program under Chapter 33, Human Resources Code. (c) If an individual states at the time of application for benefits under a program to which this section applies that the individual is a sponsored alien, the commission: (1) shall make a reasonable effort to notify the individual that the commission may seek reimbursement from the individual's sponsor for any program benefits the individual receives; and (2) may, to the extent allowed by federal law and using an automated system where available, verify information relating to the sponsorship after the individual is determined eligible for and begins receiving program benefits. (d) If the commission verifies that an individual who receives benefits under a program to which this section applies is a sponsored alien and determines that seeking reimbursement is cost-effective, the commission may seek reimbursement from the individual's sponsor for the program benefits provided to the individual to the extent allowed by federal law. (e) The executive commissioner shall adopt rules necessary to implement this section, including rules that specify the most cost-effective procedures by which the commission may seek reimbursement under Subsection (d). (f) Nothing in this section adds to or changes the eligibility requirements for a benefits program to which this section applies. Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.