Electronic benefit transfer cards; replacements; out-of-state spending; fraud investigation

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46-297.01. Electronic benefit transfer cards; replacements; out-of-state spending; fraud investigation

A. The department shall send each recipient who requests two replacement cards within a twelve-month period a letter informing the recipient that another request will initiate an investigation by the department to determine whether there is fraud. If a third-party vendor is administering replacement cards directly to recipients, the vendor shall notify the department after a recipient requests a second replacement card in a twelve-month period and makes any subsequent request thereafter.

B. After a recipient's request for a third replacement card within any twelve-month period, and any subsequent request thereafter, the department shall schedule an interview with the recipient and, if the department has been granted a waiver, determine whether there is fraud before issuing a new card. The recipient's request for a fourth replacement card requires the department to schedule an interview with the recipient to determine whether there is fraud before issuing a new card. The department shall request any necessary federal waivers to comply with this section.

C. If a recipient uses more than ten percent of the recipient's electronic benefit transfer card balance in a six-month period on out-of-state purchases, the department shall schedule an interview with the recipient to determine whether there is fraud.


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