SF 106

ORIGINAL SENATE  ENGROSSED
FILE NO. SF0106
       ENROLLED ACT NO. 68, SENATE
       SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
                    2026 BUDGET SESSION
AN ACT relating to welfare; amending the intervals at which
the department of health and department of family services
shall determine specified information of an applicant for
or recipient of public welfare and assistance; making
conforming amendments; amending the requirements for public
welfare and assistance qualification and participation;
establishing   citizen,  noncitizen   and   qualified   alien
eligibility for public welfare and assistance; requiring
the reporting of illegal alien status; requiring specified
hospitals   to   collect  citizenship   status   information;
requiring   rulemaking;   requiring   reporting;    providing
definitions; specifying applicability; and providing for an
effective date.
Be It Enacted by the Legislature of the State of Wyoming:
     Section    1. W.S.    42-2-115,    42-10-108   through
42-10-110, 42-10-201 and   42-12-101 through 42-12-106 are
created to read:
     42-2-115. Supplemental nutrition    assistance   program
eligibility recertification frequency.
     (a) The department shall assign certification periods
of not greater than four (4) months to households that
include an able bodied adult without dependents and other
households whose circumstances are determined by the
department to be unstable, unless otherwise prohibited
under federal law for the supplemental nutrition assistance
program.
     (b) The department shall assign certification periods
of one (1) or two (2) months to households that the
department determines will become ineligible for the
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ORIGINAL SENATE  ENGROSSED
FILE NO. SF0106
       ENROLLED ACT NO. 68, SENATE
       SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
                    2026 BUDGET SESSION
supplemental nutrition assistance program in the  near
future, unless otherwise prohibited under federal law.
     (c) Except as provided by subsections (a) and (b) of
this section, the department shall assign certification
periods of not more than six (6) months to households whose
members are not elderly or disabled, unless otherwise
prohibited under federal law.
    42-10-108.     Prohibition on self-attestation.
     (a) Except     as   required   under    federal   law,
self-attestation shall not be accepted for any of the
following eligibility factors without verification prior to
enrollment in the medicaid program:
         (i)     Income in excess of zero dollars ($0.00);
         (ii)     Residency;
         (iii)     Identity;
          (iv) Except for     any presumptive     eligibility
period, citizenship or immigration status.
     (b) The department shall not rely on self-attestation
to establish    any medicaid eligibility    factor unless
expressly required by federal law.
     42-10-109. Residency verification; monthly address
checks; multistate enrollment; monthly death record checks.
     (a) As    used  in   this   section,  "address change
information" means postal change of address data, state
address change databases or comparable systems.
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ORIGINAL SENATE  ENGROSSED
FILE NO. SF0106
       ENROLLED ACT NO. 68, SENATE
       SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
                    2026 BUDGET SESSION
     (b) On not less than a monthly basis, the department
of health shall review address change information to
identify potential changes in residency for medicaid
recipients.
      (c) The department of health shall conduct monthly
cross    checks of   address   change  information   against
enrollment records and shall initiate an eligibility
redetermination when a change in residency is indicated.
     (d) The department of health shall submit enrollment
information to any national database used to identify
persons   enrolled   in   medicaid  in   multiple   states.
Implementation of this subsection shall occur no later than
October 1, 2029.
     (e) Not later than August 31 of each year, the
department of health shall submit a public report to the
joint labor, health and social services interim committee
of the Wyoming legislature, including:
          (i) The number  of persons flagged  through
address change information or out of state  benefit
activity;
          (ii) The number of persons removed from  the
medicaid program due to enrollment in multiple states;
           (iii)   The   estimated       fiscal   impact   of   this
section.
      (f) On not less than a monthly basis, the department
of health shall receive and review information from the
vital    statistics services  and   the   social  security
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ORIGINAL SENATE  ENGROSSED
FILE NO. SF0106
       ENROLLED ACT NO. 68, SENATE
       SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
                    2026 BUDGET SESSION
administration master death file to identify any deceased
persons enrolled in the medicaid program. Upon confirmation
of death, the department shall promptly remove the deceased
person from the program.
     42-10-110. Retroactive  medicaid      eligibility;
rulemaking; reporting.
     (a)   As used in this section:
          (i) "Retroactive eligibility" means coverage for
services furnished prior to the month of application as
authorized by 42 U.S.C. § 1396a(a)(34);
          (ii) "Medicaid     eligible   population"    means
persons eligible for medicaid under state or federal law.
     (b) Retroactive medicaid eligibility shall not extend
more than two (2) months prior to the month in which a
completed medicaid application is submitted.
     (c) This    limitation   applies    only   to   initial
applications and shall not affect ongoing eligibility.
     (d) The department of health  shall   adopt   rules
necessary to implement this section.
     (e) Not later than August 1 of each year, the
department of health shall submit a report to the joint
labor, health and social services interim committee of the
Wyoming legislature, including:
          (i)   The   number   of     medicaid    applications
processed;
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ORIGINAL SENATE  ENGROSSED
FILE NO. SF0106
       ENROLLED ACT NO. 68, SENATE
       SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
                    2026 BUDGET SESSION
          (ii) The number of applicants denied retroactive
eligibility under this section; and
          (iii)   The   estimated       fiscal    impact      of   the
limitation.
     (f) This section shall be implemented not later than
January 1, 2027.
                           ARTICLE 2
                  WAIVER OF WORK REQUIREMENTS
     42-10-201.   Prohibition on waiver of work requirements
and exemptions.
     (a) The department of family services shall not seek,
apply for, accept or renew any waiver of work requirements
under 7 U.S.C. § 2015(o)(4) without first obtaining
specific   authorization   from    the   legislature.   Such
authorization shall be provided in a duly enacted statute.
     (b) The department of family services shall not
exercise the state's option to provide any exemptions from
the work requirement under 7 U.S.C. § 2015(o)(6)(F), except
for family caregivers as defined in section 2 of the
Recognize, Assist, Include, Support and Engage Family
Caregivers Act of 2017.
                         CHAPTER 12
   CITIZENS AND QUALIFIED ALIENS STATUS VERIFICATION FOR
                           WELFARE
     42-12-101. Definition    of    citizens     who   are   eligible
for public assistance.
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ORIGINAL SENATE  ENGROSSED
FILE NO. SF0106
       ENROLLED ACT NO. 68, SENATE
       SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
                    2026 BUDGET SESSION
     (a) Unless required by federal law, no person who is
not a United States citizen or national of the United
States shall be eligible to receive food assistance through
the supplemental nutrition assistance program, unless that
individual meets the definition of a qualified alien
pursuant to 8 U.S.C. § 1641(b).
     (b) No person who is not a United States citizen or
national of the United States shall be eligible to receive
medical assistance through medicaid, unless that person
meets the definition of an eligible alien pursuant to 42
U.S.C. § 1396b(v) and meets the definition of a qualified
alien pursuant to 8 U.S.C. § 1641(b).
     (c) No person who is not a United States citizen or
national of the United States shall be eligible to receive
assistance   through   the  personal   opportunities  with
employment responsibilities (POWER) program, unless that
person meets the definition of a qualified alien pursuant
to 8 U.S.C. § 1641(b).
     42-12-102.   Verification   of   citizenship   or   eligible
alien status.
     (a) The department of family services shall be
required to verify that a person is eligible to participate
in the supplemental nutrition assistance program during
enrollment and eligibility recertification by verifying
citizenship or eligible alien status by using the United
States citizenship and immigration services' systematic
alien verification for entitlements (SAVE) online service
or requiring the person to provide an acceptable form of
proof of citizenship or eligible alien status, including
but not limited to certified birth certificates, United
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ORIGINAL SENATE  ENGROSSED
FILE NO. SF0106
       ENROLLED ACT NO. 68, SENATE
       SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
                    2026 BUDGET SESSION
States passports and United States customs and immigration
services documentation.
     (b) The department of health shall be required to
verify that a person is eligible for medicaid during
enrollment and eligibility redetermination by verifying
citizenship or eligible alien status using the SAVE online
service or requiring the person to provide an acceptable
form of proof of citizenship or eligible alien status,
including but not limited to, certified birth certificates,
United States passports and United States customs and
immigration services documentation.
     (c) The department of family services or other
applicable agency shall be required to verify that a person
is eligible for the POWER program during enrollment and
eligibility redetermination by verifying citizenship or
eligible alien status using the SAVE online service or
requiring the person to provide an acceptable form of proof
of citizenship or eligible alien status, including but not
limited to, certified birth certificates, United States
passports and    United  States customs and immigration
services documentation.
     (d) The department of family services shall submit to
the United States department of agriculture information
concerning any assistance unit member for whom it is unable
to verify eligible alien status.
     (e) The department of health shall submit to the
United States department of health and human services
information concerning any person member for whom it is
unable to verify eligible alien status.
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ORIGINAL SENATE  ENGROSSED
FILE NO. SF0106
       ENROLLED ACT NO. 68, SENATE
       SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
                    2026 BUDGET SESSION
     42-12-103.   Referral   of       illegal   aliens    to   law
enforcement.
The department of health and department of family services
shall   submit   to   the    appropriate   law   enforcement
authorities, including but not limited to the United States
department of homeland security, information concerning any
household member or assistance unit member who it is
determined by the applicable department while applying the
requirements of this title to be an unlawfully present
alien, regardless of whether such household member or
assistance unit member is applying to participate in a
public assistance program, including but not limited to,
the supplemental nutrition assistance program or medicaid.
     42-12-104. Counting of ineligible alien income in
determination of benefits under the supplemental nutrition
assistance program.
The entire income and financial resources of any individual
rendered ineligible for participation in the supplemental
nutrition assistance program under 7 U.S.C. § 2015(f) shall
be considered in determining the eligibility and benefit
allotment of the household of which such individual is a
member.
     42-12-105. Reasonable     opportunity        periods      for
noncitizens applying for medicaid.
     (a) The department of health shall adhere to the
following requirements regarding the reasonable opportunity
period for verification of United States citizenship or
eligible alien status for medicaid:
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ORIGINAL SENATE  ENGROSSED
FILE NO. SF0106
       ENROLLED ACT NO. 68, SENATE
       SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
                    2026 BUDGET SESSION
          (i) When    an   applicant's  status  cannot  be
verified through available data sources, the department
shall provide only a single reasonable opportunity period,
consistent with the minimum period required under federal
law, for the applicant to provide verification;
          (ii) Medicaid coverage may only be provided
provisionally during the reasonable opportunity period;
          (iii) Failure to submit acceptable documentation
within the reasonable opportunity period required under
federal law shall result in denial or termination of
medicaid eligibility, subject to required notice;
          (iv) No additional reasonable opportunity period
shall be granted to any applicant for medicaid who has
previously been denied eligibility at any time due to a
failure to verify citizenship or eligible alien status.
     42-12-106. Citizenship      data     collection      and
presumptive eligibility integrity, medicaid.
     (a) The department of health shall require a field
for citizenship or eligible alien status on all presumptive
eligibility applications. The department shall require
hospitals, clinics and other qualified entities authorized
to   conduct  presumptive   eligibility  determinations  to
collect and transmit      attestations of citizenship or
eligible alien status to the department. No presumptive
eligibility application shall be approved unless the
applicant certifies that they are a United States citizen,
United States national, or alien eligible for medicaid
pursuant to 42 U.S.C. § 1398b(v) and W.S. 42-12-101(b).
    (b)   The department of health shall:
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ORIGINAL SENATE  ENGROSSED
FILE NO. SF0106
       ENROLLED ACT NO. 68, SENATE
       SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
                    2026 BUDGET SESSION
          (i) Beginning not later than April 1, 2027,
require each hospital that accepts medicaid to include a
provision on its patient admission or registration form for
the patient or the patient's representative to state or
indicate whether the patient is a United States citizen or
lawfully present in the United States or is not lawfully
present in the United States;
          (ii) Beginning not later than April 1, 2027,
require each hospital that accepts medicaid to inform a
patient, at the time this information is collected, that
any submission made on an admission or registration form
will not affect patient care, as required by federal law;
          (iii) Beginning with the calendar year ending on
December 31, 2027 and each calendar year thereafter,
require that each hospital shall submit an annual report to
the department of health within thirty (30) days after the
end of each calendar year which reports the total
deidentified number of hospital admissions and emergency
department visits within the previous calendar year,
disaggregated based on whether the patient or the patient's
representative indicated that he or she was or was not a
citizen of the United States or lawfully present in the
United States or declined to answer together with other
information required by the department;
          (iv) Beginning on April 1, 2028 and each April 1
thereafter, submit a report to the governor and the joint
labor, health and social services interim committee, which
includes   the  number   of  total   deidentified  hospital
admissions and emergency department visits for the previous
calendar year, disaggregated based on weather the patient
or patient's representative reported that the patient was
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ORIGINAL SENATE  ENGROSSED
FILE NO. SF0106
       ENROLLED ACT NO. 68, SENATE
       SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
                    2026 BUDGET SESSION
or was not a citizen of the United States or lawfully
present in the United States or declined to answer. The
report shall also describe information relating to the
costs of uncompensated care for aliens who are not lawfully
present in the United States, the impact of uncompensated
care on the cost or ability of hospitals to provide
services to the public, hospital funding needs and other
related   information.  The   report  shall   also  contain
information based on the hospital's presumptive eligibility
applications that are submitted to the department by
participating providers, including the number of persons
determined to be presumptively eligible for medicaid in the
prior calendar year, the proportion of the persons
presumptively eligible for medicaid who were verified as
eligible for medicaid and the proportion of the persons
presumptively eligible for medicaid who were determined to
be ineligible for medicaid;
          (v) Adopt rules relating to the format and
information to be contained in quarterly reports and the
acceptable formats for hospitals to use in requesting
information regarding a patients immigration status on
hospital admission or registration forms.
     Section       2. W.S.        42-2-103(b)(xvi)       and
42-10-103(a)(intro), (iii) through (viii), (x) through (xv)
and by creating a new subsection (d) is amended to read:
     42-2-103. Provision    of  assistance   and   services;
duties of department; burial assistance; department of
health state supplemental security income program.
     (b) In carrying out subsection (a) of this section
and except as provided under the Wyoming Medical Assistance
and Services Act, the department shall:
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ORIGINAL SENATE  ENGROSSED
FILE NO. SF0106
       ENROLLED ACT NO. 68, SENATE
       SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
                    2026 BUDGET SESSION
          (xvi) Conduct the applicable eligibility and
identity verification process as provided in W.S. 42-10-101
through 42-10-107 42-10-110.
    42-10-103.    Enhanced eligibility verification process.
     (a) Prior to awarding any public welfare benefit, and
on a quarterly basis at the intervals specified in this
section after any benefit is awarded, the department shall,
to   the  extent   practicable,   determine the   following
information as it relates to each applicant for or
recipient of a public welfare benefit:
          (iii) Income  information   maintained  by  the
United States social security administration, reviewed by
the department at every application and recertification
period;
          (iv) Immigration status information maintained
by the United States citizenship and immigration services
and verified through the SAVE online service or other
acceptable documentation;
          (v) Death register information maintained by the
United States social security administration, reviewed by
the department not less than on a monthly basis;
          (vi) Prisoner information maintained by the
United States social security administration, reviewed by
the department of family services at every application and
recertification period;
          (vii) Public housing and section 8 housing
assistance payment information, reviewed by the department
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ORIGINAL SENATE  ENGROSSED
FILE NO. SF0106
       ENROLLED ACT NO. 68, SENATE
       SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
                    2026 BUDGET SESSION
of family services at every application and recertification
period;
          (viii) Fleeing    felon,   probation   or   parole
violation information, reviewed by the department of family
services at every application and recertification period;
          (x) Beneficiary records and earnings information
maintained   by   the   United    States social   security
administration  in the    beneficiary and   earnings data
exchange system, reviewed by the department at every
application and recertification period;
          (xi) Earnings and pension information maintained
by the United States social security administration in the
beneficiary earnings exchange record system, reviewed by
the department at every application and recertification
period;
          (xii) Earnings     and     pension    information
maintained by the Wyoming retirement system, reviewed by
the department of family services at every application and
recertification period and by the department of health upon
the receipt of applicable information from the Wyoming
retirement system;
          (xiii) Employment information, maintained by the
department of workforce services reviewed by the department
at every application and recertification period;
          (xiv) Employment information maintained by the
United States department of health and human services in
the national directory of new hires, reviewed by the
department of family services at every application and
recertification period;
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ORIGINAL SENATE  ENGROSSED
FILE NO. SF0106
       ENROLLED ACT NO. 68, SENATE
       SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
                    2026 BUDGET SESSION
          (xv) Supplemental security income information
maintained   by   the   United    States social security
administration in the social security income state data
exchange system, reviewed by the department at every
application and recertification period;
     (d) On    not  less  than   a  quarterly   basis,  the
department of family services and department of health
shall each make available on their public websites all of
the following data from findings on noncompliance and fraud
investigations, provided the data is presented in the
aggregate and does not include confidential or personally
identifying information:
          (i) The total number of public benefit cases
investigated for intentional program violations or fraud;
          (ii) The total number of public benefit cases
referred to the attorney general's office for prosecution;
         (iii)    Total improper payments and expenditures;
         (iv)     Total monies received;
          (v) Aggregate data concerning improper payments
and ineligible recipients as a percentage of those
recipients investigated and reviewed.
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ORIGINAL SENATE  ENGROSSED
FILE NO. SF0106
       ENROLLED ACT NO. 68, SENATE
       SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
                    2026 BUDGET SESSION
    Section 3.    This act is effective January 1, 2027.
                             (END)
Speaker of the House  President of the Senate
                           Governor
                  TIME APPROVED: _________
                  DATE APPROVED: _________
I hereby certify that this act originated in the Senate.
Chief Clerk
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