I am writing to express my strong opposition to Senate Bill 194, which seeks to eliminate the Board of Public Assistance and transfer all public assistance appeals to the Department of Public Health and Human Services (DPHHS). 

While proponents may claim this bill streamlines processes, it removes critical oversight, disproportionately harms vulnerable communities, places an unsustainable burden on an already struggling state agency, and raises serious constitutional concerns under both the U.S. and Montana Constitutions.

1. Lack of Oversight and Due Process Violations

The Board of Public Assistance serves as an independent review body for Montanans seeking food assistance, Medicaid, and other essential public benefits. By eliminating the Board, SB 194 removes an impartial appeals process and shifts all decision-making power to the same agency that denied assistance in the first place.

This creates a conflict of interest and undermines due process protections guaranteed by:

• The Fifth & Fourteenth Amendments of the U.S. Constitution, which require fair procedures when the government makes decisions affecting an individual’s rights.

• Article II, Section 17 of the Montana Constitution, which guarantees that no person shall be deprived of life, liberty, or property without due process of law.

Without an independent appeal mechanism, wrongful denials may go unchecked, leaving many Montanans without recourse when they need it most.

2. Burdening an Already Understaffed and Underfunded Agency

DPHHS is already struggling with staffing shortages under Montana’s current hiring practices, which offer low wages that do not match the cost of living in the state. Transferring the entire public assistance appeals process to DPHHS will overwhelm an agency already operating at a deficit.

• Montana has struggled to recruit and retain qualified state workers due to non-competitive salaries and increased workloads, resulting in delayed services and higher burnout rates.

• Without additional staff or funding, the backlog of appeals will increase, forcing applicants to wait longer for critical benefits, worsening poverty, food insecurity, and health disparities.

• Placing additional burdens on an underfunded system will result in long-term inequities in service, disproportionately affecting rural, Indigenous, disabled, and low-income Montanans.

If DPHHS cannot currently meet the demands of its caseload, it is unreasonable to expect it to absorb an influx of appeals without creating further delays and failures in service delivery.

3. Disproportionate Harm to Marginalized Communities

Eliminating independent oversight will severely and disproportionately impact communities that already struggle to access public assistance, including:

• Rural and Indigenous communities, where public benefits are often a lifeline due to limited healthcare and food access.

• Non-English speakers and disabled individuals, who already face bureaucratic barriers and will have fewer options for fair review of their cases.

• Low-income families and seniors, who are more likely to face wrongful denials and depend on independent appeals to correct these mistakes.

By centralizing all appeals within DPHHS, SB 194 strips these communities of an accessible and impartial process, increasing the likelihood of unjust outcomes. This contradicts the Equal Protection Clause of both the Fourteenth Amendment of the U.S. Constitution and Article II, Section 4 of the Montana Constitution, which guarantee that laws must be applied fairly and without discrimination.

4. Violation of Montana’s Separation of Powers

The Montana Constitution explicitly upholds the separation of powers between the legislative, executive, and judicial branches (Article III, Section 1). The Board of Public Assistance functions as a quasi-judicial body, ensuring fair application of public assistance laws.

By dissolving the Board, SB 194 consolidates unchecked power within a single executive agency. This undermines the necessary checks and balances that prevent government overreach and protect the rights of Montana citizens.

5. Reduced Transparency and Public Accountability

The Board of Public Assistance currently holds public hearings, ensuring transparency in the decision-making process. If appeals are handled entirely within DPHHS, they will no longer be subject to public review, making it easier for wrongful denials to go unnoticed.

This violates Article II, Section 9 of the Montana Constitution, which guarantees the public’s right to examine government decision-making processes. Without transparency, Montanans will have less ability to hold their government accountable for unjust denials of benefits.

Conclusion: SB 194 is a Step Backward for Montana

For the reasons outlined above, I urge you to oppose SB 194 in its entirety. This bill:

• Removes independent oversight, increasing the risk of wrongful denials.

• Overburdens DPHHS, which is already struggling due to low wages, staff shortages, and service delays.

• Disproportionately harms vulnerable Montanans, particularly Indigenous, rural, disabled, and low-income individuals.

• Violates constitutional due process protections by stripping applicants of a fair appeals process.

• Undermines Montana’s separation of powers, consolidating excessive authority within a single agency.

• Reduces government transparency and accountability, making it harder for the public to challenge unfair denials.

• Creates long-term inequities in access to public assistance, further marginalizing already disadvantaged communities.

Montana must prioritize fairness, transparency, and due process in public assistance decisions. Eliminating the Board of Public Assistance is a step in the wrong direction.