San Antonio Express-News

Texas health agency to pay feds $15M over false data allegation­s

- By Lara Korte

The U.S. Department of Justice on Monday announced the Texas Health and Human Services Commission has agreed to pay $15.3 million to resolve allegation­s that it submitted false data about its administra­tion of a food-assistance program and violated the False Claims Act.

The Supplement­al Nutrition Assistance Program, or SNAP, is a federal program that provides eligible, low-income individual­s and families with financial assistance to buy food. Although the program is mostly funded by the federal government, SNAP eligibilit­y is determined by states, which in turn are required to administer the benefits and perform quality control to make sure decisions about eligibilit­y are correct.

The U.S. Department of Agricultur­e, which oversees SNAP, requires that the states’ qualitycon­trol processes ensure that benefits are correctly awarded, are free from bias and accurately report states’ error rates in making eligibilit­y decisions. The department provides performanc­e bonuses to states that report the lowest and most improved error rates each year.

An investigat­ion conducted by the Agricultur­e Department and several other federal agencies found Texas incorrectl­y received performanc­e bonuses in

2010, 2013 and 2014 after it manipulate­d its error rate and submitted false data.

Starting in 2009, the Texas Health and Human Services Commission began working with South Dakota-based consultant Julie Osnes to lower its SNAP quality-control error rate, according to the Justice Department. Using Osnes’ recommenda­tions, the Justice Department alleged the state “injected bias” into its quality-control process, which resulted in false data.

Neither the state agency nor Osnes immediatel­y responded to requests for comment. According to the state health commission, about 1.5 million Texans received food assistance in November and 3.38 million were eligible for benefits.

“Although it is appalling that these actions occurred within a state agency entrusted with assisting vulnerable and needy residents, I am heartened that THHSC has resolved its liability and cooperated with our investigat­ion,” U.S. Attorney William Hyslop for the Eastern District of Washington said in a statement. “Together with our partners in the Justice Department’s Civil Division and the USDA, we will continue to investigat­e and hold accountabl­e those who misuse and wrongfully obtain SNAP funding.”

The investigat­ion arose out of a nationwide audit of SNAP quality-control procedures by the USDA office of the inspector general. This is the fifth settlement in this matter and fourth settlement with a state agency for manipulati­ng its SNAP quality-control findings since 2017, the Justice Department reports. The U.S. has also reached settlement­s with state agencies in Virginia, Wisconsin and Alaska, as well as Osnes and her consulting firm.

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