[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 787 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 787

      To permit any State to use nongovernmental personnel in the 
 determination of eligibility under the Medicaid, Food Stamps, and WIC 
                               programs.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 22, 1997

  Mr. Gramm (for himself and Mrs. Hutchison) introduced the following 
  bill; which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
      To permit any State to use nongovernmental personnel in the 
 determination of eligibility under the Medicaid, Food Stamps, and WIC 
                               programs.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Welfare Flexibility Act of 1997''.

SEC. 2. AUTHORIZING USE OF NONGOVERNMENTAL PERSONNEL IN MAKING 
              DETERMINATIONS OF ELIGIBILITY FOR BENEFITS UNDER THE 
              MEDICAID, FOOD STAMP, AND WIC PROGRAMS

    (a) In General.--Notwithstanding any other provision of law, no 
provision of law shall be construed as preventing any State (as defined 
for purposes of the relevant Act) from allowing eligibility 
determinations described in subsection (b) to be made by an entity 
which is not a State or local government, or by an individual who is 
not an employee of a State or local government, which meets such 
qualifications as the State determines. For purposes of any Federal 
law, such determinations shall be considered to be made by the State 
and by a State agency.
    (b) Eligibility Determinations.--An eligibility determination 
described in this subsection is a determination of eligibility of--
            (1) individuals to receive--
                    (A) medical assistance under the Medicaid program 
                under title XIX of the Social Security Act, or
                    (B) assistance under the special supplemental 
                nutrition program for women, infants, and children 
                (WIC) under section 17 of the Child Nutrition Act of 
                1966 (12 U.S.C. 1786), or
            (2) households to receive benefits under the Food Stamp 
        program as defined in section 8(h) of the Food Stamp Act of 
        1977 (7 U.S.C. 2012h)).
    (c) Construction.--Nothing in this section shall be construed as 
affecting--
            (1) the conditions for eligibility for benefits (including 
        any conditions relating to income or resources); and
            (2) the rights to challenge determinations regarding 
        eligibility or rights to benefits; and
            (3) determinations regarding quality control or error 
        rates.
                                 <all>