SENATE AMENDED
PRIOR PRINTER'S NOS. 602, 1358, 1957, PRINTER'S NO. 2395
2181
No. 552 Session of 1979
INTRODUCED BY MESSRS. GLADECK, LASHINGER, GEIST, McCLATCHY,
ZORD, ROCKS, MRS. DURHAM, MR. ALDEN, MRS. CLARK, MESSRS. D.
M. O'BRIEN, LETTERMAN, VROON, NOYE, PUNT, MISS SIRIANNI,
MESSRS. SPITZ, MILLER, POLITE, ZWIKL, HALVERSON, SALVATORE,
HOEFFEL AND McINTYRE, MARCH 7, 1979
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, OCTOBER 30, 1979
AN ACT
1 Amending the act of June 13, 1967 (P.L.31, No.21), entitled, "An
2 act to consolidate, editorially revise, and codify the public
3 welfare laws of the Commonwealth," prohibiting assistance to
4 certain students, and limiting the exclusion of certain <--
5 students from the employables program. FURTHER PROVIDING FOR <--
6 IDENTIFICATION AND PROOF OF RESIDENCE, AND PROHIBITING
7 COPAYMENT PLANS.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Section 403, act of June 13, 1967 (P.L.31,
11 No.21), known as the "Public Welfare Code," is amended by adding
12 a subsection to read:
13 Section 403. Uniformity in Administration of Assistance;
14 Regulations as to Assistance.--* * *
15 (d) No cash assistance grants shall be provided to any full- <--
16 time college student whose tuition, room or board is paid in
17 whole or in substantial part by any grant, gift or loan. For the
18 purpose of this subsection "substantial part" shall mean 50% or
1 more.
2 (D) NO GENERAL ASSISTANCE SHALL BE PAID TO ANY FULL-TIME <--
3 STUDENT AT A COLLEGE OR UNIVERSITY WHO HAS NOT PARTICIPATED IN A
4 FEDERALLY SUBSIDIZED PROGRAM FOR DEPENDENT CHILDREN WITHIN THE
5 PREVIOUS FIVE YEARS.
6 Section 2. Clause (1) of subsection (a) of section 405.1 of <--
7 the act, added July 15, 1976 (P.L.993, No.202), is amended to
8 read:
9 Section 405.1. Pennsylvania Employables Program.--(a) Every
10 individual, within ten days after establishing eligibility for
11 public assistance, as a condition of continuing eligibility for
12 aid to families with dependent children or general assistance,
13 shall register in accordance with regulations of the department
14 for employment, training and manpower services, unless such
15 individual is:
16 (1) a child who is attending school or college in the case
17 of aid to families with dependent children or an approved
18 program of vocational training on a full-time basis or who is
19 under the age of sixteen;
20 * * *
21 SECTION 2. SECTION 432.4 OF THE ACT, ADDED JULY 15, 1976 <--
22 (P.L.993, NO.202), IS AMENDED TO READ:
23 SECTION 432.4. IDENTIFICATION AND PROOF OF RESIDENCE.--ALL
24 PERSONS APPLYING FOR ASSISTANCE SHALL PROVIDE ACCEPTABLE
25 IDENTIFICATION AND PROOF OF RESIDENCE BEFORE A DETERMINATION OF
26 ELIGIBILITY FOR ASSISTANCE IS MADE; NO PERSON APPLYING FOR
27 ASSISTANCE SHALL RECEIVE AID UNLESS SUCH IDENTIFICATION AND
28 PROOF OF RESIDENCE IS SHOWN PRIOR TO THE DETERMINATION OF
29 ELIGIBILITY FOR ASSISTANCE; THE DEPARTMENT SHALL BY REGULATIONS
30 SPECIFY WHAT CONSTITUTES ACCEPTABLE IDENTIFICATION AND PROOF OF
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1 RESIDENCE.
2 FOR THE PURPOSE OF DETERMINING ELIGIBILITY FOR ASSISTANCE,
3 THE CONTINUED ABSENCE OF A RECIPIENT FROM THE COMMONWEALTH FOR A
4 PERIOD OF SIXTY DAYS OR LONGER SHALL BE PRIMA FACIE EVIDENCE OF
5 THE INTENT OF THE RECIPIENT TO HAVE CHANGED HIS RESIDENCE TO A
6 PLACE OUTSIDE THE COMMONWEALTH. THE DEPARTMENT SHALL MAKE
7 INQUIRY FROM ALL RECIPIENTS WHO HAVE BEEN CONTINUOUSLY ABSENT
8 FOR A PERIOD OF THIRTY DAYS TO DETERMINE WHETHER OR NOT IT IS
9 THEIR INTENT TO REMAIN RESIDENTS OF THE COMMONWEALTH OR TO
10 BECOME RESIDENTS ELSEWHERE, AND SHALL REDETERMINE THE RESIDENCE
11 OF SUCH PERSONS. IN ANY CASE IN WHICH SUCH INQUIRY DOES NOT
12 ESTABLISH THAT THE RECIPIENT REMAINS A RESIDENT OF THE
13 COMMONWEALTH, HIS AID SHALL BE TERMINATED [AFTER PROVIDING
14 TIMELY AND ADEQUATE NOTICE OF SUCH INTENDED ACTION].
15 IF A RECIPIENT IS PREVENTED BY ILLNESS OR OTHER GOOD CAUSE
16 FROM RETURNING TO THE COMMONWEALTH AT THE END OF SIXTY DAYS, AND
17 HAS NOT ACTED TO ESTABLISH RESIDENCE ELSEWHERE, HE SHALL NOT BE
18 DEEMED TO HAVE LOST HIS RESIDENCE IN THE COMMONWEALTH.
19 WHEN A RECIPIENT OF AID TO FAMILIES WITH DEPENDENT CHILDREN
20 OR GENERAL ASSISTANCE IS ABSENT FROM THE UNITED STATES FOR A
21 PERIOD IN EXCESS OF THIRTY DAYS, HIS AID SHALL THEREAFTER BE
22 SUSPENDED WHENEVER NEED CANNOT BE DETERMINED FOR THE ENSUING
23 PERIOD OF HIS ABSENCE.
24 IT IS NOT THE INTENT OF THE GENERAL ASSEMBLY, HOWEVER, IN
25 ENACTING THIS SECTION TO CREATE ANY DURATIONAL RESIDENCE
26 REQUIREMENT.
27 NO PERSON RECEIVING PUBLIC ASSISTANCE SHALL CONTINUE TO
28 RECEIVE SUCH AID IF THAT PERSON CEASES TO BE A RESIDENT OF THE
29 COMMONWEALTH.
30 SECTION 3. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
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1 SECTION 453. PROHIBITION ON COPAYMENTS.--THE DEPARTMENT OF
2 PUBLIC WELFARE SHALL NOT UNDER ANY CIRCUMSTANCES OR CONDITIONS
3 INITIATE OR IMPLEMENT ANY PLAN WHICH REQUIRES OR WOULD REQUIRE
4 ANY MEDICAID PRESCRIPTION CARD HOLDER TO PAY ANY PORTION OF THE
5 COST OF ANY FILLED PRESCRIPTION WHICH IS COVERED BY THE MEDICAID
6 PROGRAM.
7 Section 3. 2 4. This SECTION 1 OF THIS act shall take effect <--
8 in 60 days AND SECTION 2 OF THIS ACT SHALL TAKE EFFECT <--
9 IMMEDIATELY AND BE RETROACTIVE TO OCTOBER 1, 1979.
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