SENATE AMENDED
PRIOR PRINTER'S NOS. 785, 3023 PRINTER'S NO. 3217
No. 694 Session of 1975
INTRODUCED BY MRS. A. P. KELLY, MESSRS. DiCARLO, USTYNOSKI,
McLANE, DIETZ, FEE, REED, BERLIN, McCLATCHY AND HILL,
MARCH 11, 1975
SENATOR COPPERSMITH, PUBLIC HEALTH AND WELFARE, IN SENATE,
RE-REPORTED AS AMENDED, MAY 18, 1976
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," ADDING A DEFINITION AND <--
4 FURTHER PROVIDING FOR ADMINISTRATION OF, ELIGIBILITY FOR,
5 QUALIFICATIONS OF AND ALLOWANCES TO RECIPIENTS OF ASSISTANCE
6 AND further providing for the right to inspect facilities.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 SECTION 1. SECTION 402, ACT OF JUNE 13, 1967 (P.L.31, <--
10 NO.21), KNOWN AS THE "PUBLIC WELFARE CODE," AMENDED DECEMBER 12, <--
11 1973 (P.L.403, NO.143), IS AMENDED BY ADDING A DEFINITION TO <--
12 READ:
13 SECTION 402. DEFINITIONS.--AS USED IN THIS ARTICLE:
14 * * * <--
15 "ASSISTANCE" MEANS MONEY, SERVICES, GOODS, SHELTER, BURIAL
16 AND MEDICAL, CHIROPRACTIC AND OTHER HEALTH CARE, INCLUDING
17 NURSING HOME CARE PROVIDED FROM OR WITH STATE, FEDERAL, COUNTY,
18 COUNTY INSTITUTION DISTRICT OR MUNICIPAL FUNDS, FOR NEEDY
1 PERSONS WHO RESIDE IN PENNSYLVANIA AND NEED ASSISTANCE TO
2 PROVIDE FOR THEMSELVES AND THEIR DEPENDENTS A DECENT AND
3 HEALTHFUL STANDARD OF LIVING, AND FOR NEEDY HOMELESS OR
4 TRANSIENT PERSONS.
5 "BENEFIT PERIOD" MEANS, WITH RESPECT TO ANY INDIVIDUAL, A
6 PERIOD OF CONSECUTIVE DAYS BEGINNING WITH THE FIRST DAY NOT
7 INCLUDED IN A PREVIOUS BENEFIT PERIOD, ON WHICH HE IS FURNISHED
8 INPATIENT HOSPITAL CARE, AND ENDING WITH THE LAST DAY OF THE
9 FIRST SIXTY-DAY PERIOD THEREAFTER DURING EACH DAY OF WHICH HE IS
10 NOT AN INPATIENT IN A HOSPITAL.
11 "GENERAL ASSISTANCE" MEANS ASSISTANCE GRANTED UNDER THE
12 PROVISIONS OF SECTION 432 [(2)] (3) OF THIS ACT.
13 "HOME HEALTH CARE" MEANS INTERMITTENT OR PART TIME NURSING
14 SERVICES OR OTHER THERAPEUTIC SERVICES FURNISHED BY A HOME
15 HEALTH AGENCY QUALIFIED TO PARTICIPATE UNDER TITLE XVIII OF THE
16 FEDERAL SOCIAL SECURITY ACT.
17 "PROTECTIVE PAYMENTS" MEANS PAYMENTS WITH RESPECT TO ANY
18 DEPENDENT CHILD WHICH ARE MADE TO ANOTHER INDIVIDUAL WHO (AS
19 DETERMINED IN ACCORDANCE WITH STANDARDS PRESCRIBED BY THE
20 DEPARTMENT) IS INTERESTED IN OR CONNECTED WITH THE WELFARE OF
21 SUCH CHILD OR RELATIVE, OR MADE ON BEHALF OF SUCH CHILD OR
22 RELATIVE DIRECTLY TO A PERSON FURNISHING FOOD, LIVING
23 ACCOMMODATIONS, OR OTHER GOODS, SERVICES, OR ITEMS TO OR FOR
24 SUCH CHILD. WHENEVER POSSIBLE, THE PROTECTIVE PAYEE SHALL BE A
25 PUBLIC CHILD WELFARE AGENCY.
26 * * * <--
27 "STATE SUPPLEMENTAL ASSISTANCE" MEANS ASSISTANCE GRANTED
28 UNDER THE PROVISIONS OF SECTION 432 [(1.1) AND (2.1)] (2).
29 SECTION 2. SECTION 403 OF THE ACT IS AMENDED TO READ:
30 SECTION 403. UNIFORMITY IN ADMINISTRATION OF ASSISTANCE;
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1 REGULATIONS AS TO ASSISTANCE.--(A) THE DEPARTMENT IS
2 RESPONSIBLE FOR MAINTAINING UNIFORMITY IN THE ADMINISTRATION OF
3 PUBLIC WELFARE, INCLUDING GENERAL ASSISTANCE, THROUGHOUT THE
4 COMMONWEALTH.
5 (B) THE DEPARTMENT SHALL ESTABLISH RULES, REGULATIONS AND
6 STANDARDS, CONSISTENT WITH THE LAW, AS TO ELIGIBILITY FOR
7 ASSISTANCE AND AS TO ITS NATURE AND EXTENT. THE SECRETARY OR HIS
8 DESIGNEE IN WRITING IS THE ONLY PERSON AUTHORIZED TO ADOPT
9 REGULATIONS, ORDERS, OR STANDARDS OF GENERAL APPLICATION TO
10 IMPLEMENT, INTERPRET, OR MAKE SPECIFIC THE LAW ADMINISTERED BY
11 THE DEPARTMENT. THE SECRETARY SHALL ISSUE INTERIM REGULATIONS
12 WHENEVER CHANGES IN FEDERAL LAWS AND REGULATIONS SUPERSEDE
13 EXISTING STATUTES. IN ADOPTING REGULATIONS, ORDERS, OR STANDARDS
14 OF GENERAL APPLICATION, THE SECRETARY SHALL STRIVE FOR CLARITY
15 OF LANGUAGE WHICH MAY BE READILY UNDERSTOOD BY THOSE
16 ADMINISTERING AID AND BY THOSE WHO APPLY FOR OR RECEIVE AID.
17 (C) WHENEVER A RECIPIENT OF PUBLIC ASSISTANCE, AS A
18 PREREQUISITE TO RECEIVING ASSISTANCE OR OTHERWISE, HAS BEEN
19 REQUIRED TO ENCUMBER IN FAVOR OF THE COMMONWEALTH ANY PROPERTY,
20 OR TO GIVE ANY BOND, NOTE OR OTHER OBLIGATION IN ANY SUM TO
21 SECURE THE REPAYMENT OF MONEY RECEIVED AS ASSISTANCE OR FOR ANY
22 OTHER PURPOSES, AND SUCH BONDS, NOTES, JUDGMENTS, MORTGAGES, OR
23 OTHER OBLIGATIONS ARE THEREAFTER SIGNED BY THE COMMONWEALTH TO
24 ANY THIRD PARTY, THE ASSIGNEE SHALL NOT BE ENTITLED TO COLLECT,
25 AND THE PERSON LIABLE FOR THE PAYMENT OF THE LIEN OR OBLIGATION
26 SHALL NOT BE LIABLE FOR THE PAYMENT OF, ANY AMOUNT GREATER THAN
27 THE AMOUNT THE ASSIGNEE PAID FOR THE ASSIGNMENT, NOTWITHSTANDING
28 THE FACE AMOUNT OF SUCH LIEN OR OBLIGATION. THIS PROVISION SHALL
29 NOT BE EFFECTIVE AS TO THE COLLECTION OF INTEREST ACCRUING AFTER
30 THE DATE OF THE ASSIGNMENT OR COSTS OF COLLECTION.
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1 SECTION 3. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
2 SECTION 405.1. PENNSYLVANIA EMPLOYABLES PROGRAM.--(A) EVERY
3 INDIVIDUAL, WITHIN TEN DAYS AFTER ESTABLISHING ELIGIBILITY FOR
4 PUBLIC ASSISTANCE, AS A CONDITION OF CONTINUING ELIGIBILITY FOR
5 AID TO FAMILIES WITH DEPENDENT CHILDREN OR GENERAL ASSISTANCE,
6 SHALL REGISTER WITH THE BUREAU OF EMPLOYMENT SECURITY FOR
7 EMPLOYMENT, TRAINING AND MANPOWER SERVICES, UNLESS SUCH
8 INDIVIDUAL IS:
9 (1) A CHILD WHO IS ATTENDING SCHOOL OR COLLEGE OR AN
10 APPROVED PROGRAM OF VOCATIONAL TRAINING ON A FULL-TIME BASIS OR
11 WHO IS UNDER THE AGE OF SIXTEEN;
12 (2) ILL OR INCAPACITATED;
13 (3) SO REMOTE FROM A BUREAU OF EMPLOYMENT SECURITY OFFICE
14 THAT EFFECTIVE PARTICIPATION IN EMPLOYMENT AND TRAINING
15 COUNSELING IS PRECLUDED;
16 (4) REQUIRED TO BE PRESENT IN THE HOME BECAUSE OF ILLNESS OR
17 INCAPACITY OF ANOTHER MEMBER OF THE HOUSEHOLD;
18 (5) THE MOTHER OR OTHER RELATIVE OF A CHILD UNDER THE AGE OF
19 SIX WHO IS CARING FOR THE CHILD;
20 (6) THE MOTHER OR OTHER CARETAKER OF A CHILD IF THE FATHER
21 OR ANOTHER ADULT MALE RELATIVE IS IN THE HOME AND NOT EXCLUDED
22 FROM THE REQUIREMENT TO REGISTER, UNLESS SUCH ADULT MALE
23 RELATIVE HAS FAILED TO REGISTER AS HEREIN REQUIRED OR HAS
24 REFUSED WITHOUT GOOD CAUSE TO ACCEPT EMPLOYMENT OR TO
25 PARTICIPATE IN WORK EXPERIENCE OR TRAINING;
26 (7) THE MOTHER OR OTHER CARETAKER OF A CHILD BETWEEN THE
27 AGES OF SIX AND FOURTEEN, UNLESS THERE ARE ADEQUATE CHILD CARE
28 ARRANGEMENTS FOR THE CHILD;
29 (8) ACTIVELY PARTICIPATING IN THE FEDERAL WORK INCENTIVE
30 PROGRAM OR WAS CERTIFIED TO SAID PROGRAM WITHIN THE PREVIOUS SIX
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1 MONTHS; OR
2 (9) EMPLOYED FULL TIME.
3 (B) REGISTRATION SHALL INCLUDE A PERSONAL INTERVIEW
4 CONDUCTED BY THE BUREAU OF EMPLOYMENT SECURITY. A WORK
5 APPLICATION SHALL BE COMPLETED. AN EMPLOYABILITY PLAN SHALL BE
6 DEVELOPED. THE INDIVIDUAL'S JOB SEARCH AND REPORTING
7 RESPONSIBILITIES SHALL BE FULLY EXPLAINED, AND, WHEN EMPLOYMENT
8 IS AVAILABLE, THE BUREAU SHALL IMMEDIATELY REFER THE INDIVIDUAL
9 TO SUCH EMPLOYMENT. AS PART OF COMPLYING WITH THE REQUIREMENTS
10 SET FORTH IN THIS SECTION, EACH REGISTRANT SHALL CONDUCT AN
11 ADEQUATE JOB SEARCH IN ACCORDANCE WITH THE REGULATIONS SET FORTH
12 BY THE BUREAU OF EMPLOYMENT SECURITY.
13 (C) ANY PERSON EXCLUDED FROM THE REQUIREMENTS OF
14 REGISTRATION BY REASON OF SUBSECTION (A), MAY REGISTER TO
15 PARTICIPATE IN THE PENNSYLVANIA EMPLOYABLES PROGRAM.
16 (D) NO PERSON REGISTERED PURSUANT TO SUBSECTION (A) SHALL
17 REFUSE TO ACCEPT A BONA FIDE OFFER OF EMPLOYMENT OR TRAINING.
18 THE BONA FIDE OFFER OF EMPLOYMENT, TRAINING, OR WORK EXPERIENCE
19 MUST BE CONSISTENT WITH THE PERSON'S PHYSICAL, MENTAL AND
20 EMOTIONAL CAPABILITIES.
21 IN ORDER TO BE A BONA FIDE OFFER OF EMPLOYMENT, THERE MUST BE
22 REASONABLE ASSURANCES THAT:
23 (1) APPROPRIATE STANDARDS FOR THE HEALTH, SAFETY, MINIMUM
24 WAGE AND OTHER CONDITIONS APPLICABLE TO THE PERFORMANCE OF WORK
25 AND TRAINING IN THE EMPLOYMENT ARE ESTABLISHED AND WILL BE
26 MAINTAINED.
27 (2) THE OFFER OF EMPLOYMENT WILL NOT RESULT IN ANY
28 DISPLACEMENT OF EMPLOYED WORKERS.
29 (3) WITH RESPECT TO SUCH EMPLOYMENT, THE CONDITIONS OF WORK,
30 TRAINING, EDUCATION, AND EMPLOYMENT ARE REASONABLE IN THE LIGHT
19750H0694B3217 - 5 -
1 OF SUCH FACTORS AS THE TYPE OF WORK, GEOGRAPHICAL REGION, AND A
2 PROFICIENCY OF THE PARTICIPANT.
3 (4) THE EMPLOYMENT IS NOT AVAILABLE DUE TO LABOR DISPUTE,
4 STRIKE OR LOCK-OUT.
5 (E) ANY PERSON REQUIRED TO REGISTER PURSUANT TO SUBSECTION
6 (A) WHO WILLFULLY:
7 (1) FAILS TO REGISTER;
8 (2) FAILS TO CONDUCT AN ADEQUATE JOB SEARCH OR FULFILL HIS
9 REPORTING RESPONSIBILITIES REQUIRED BY SUBSECTION (B); OR
10 (3) REFUSES A BONA FIDE OFFER OF EMPLOYMENT OR TRAINING IN
11 VIOLATION OF SUBSECTION (D) SHALL BE INELIGIBLE FOR AID TO
12 FAMILIES WITH DEPENDENT CHILDREN OR GENERAL ASSISTANCE. WHERE <--
13 WHERE THERE IS NO OTHER PARENT PRESENT WHO IS ELIGIBLE FOR
14 ASSISTANCE ANY AID FOR WHICH SUCH CHILD IS ELIGIBLE WILL BE
15 PROVIDED IN THE FORM OF PROTECTIVE PAYMENT AS DEFINED IN SECTION
16 402.
17 (F) THE DEPARTMENT SHALL TAKE ALL APPROPRIATE MEASURES TO
18 OBTAIN ANY NECESSARY FEDERAL APPROVAL AND ASSISTANCE FOR THE
19 PENNSYLVANIA EMPLOYABLES PROGRAM. IF THE UNITED STATES
20 DEPARTMENT OF HEALTH, EDUCATION AND WELFARE DOES NOT APPROVE ALL
21 OR PART OF THE PENNSYLVANIA EMPLOYABLES PROGRAM, THAT PART OF
22 THE PROGRAM UNAPPROVED SHALL NOT APPLY TO PERSONS WHO ARE
23 OTHERWISE ELIGIBLE FOR AID TO FAMILIES WITH DEPENDENT CHILDREN,
24 BUT IT SHALL APPLY TO PERSONS ELIGIBLE FOR GENERAL ASSISTANCE.
25 (G) THE BUREAU OF EMPLOYMENT SECURITY SHALL NOTIFY THE
26 DEPARTMENT OF ANY DEREGISTRATION. THE DEPARTMENT SHALL PROMPTLY
27 REDETERMINE ELIGIBILITY UPON RECEIPT OF NOTICE OF
28 DEREGISTRATION.
29 (H) NO DEPARTMENT OR AGENCY OF THE COMMONWEALTH AND NO <--
30 VENDOR DELIVERING SOCIAL SERVICES FUNDED IN WHOLE OR IN PART BY
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1 CONTRACTS WITH OR GRANTS FROM THE DEPARTMENT OF PUBLIC WELFARE
2 SHALL DISCRIMINATE IN ANY MANNER INCLUDING EMPLOYMENT OR JOB
3 PLACEMENT AGAINST ANY PERSON BECAUSE THAT PERSON IS OR WAS AN
4 APPLICANT FOR OR RECIPIENT OF ASSISTANCE.
5 SECTION 4. SECTION 412 OF THE ACT IS AMENDED TO READ:
6 SECTION 412. APPOINTMENT OF [TRUSTEES] PROTECTIVE PAYEES.--
7 THE DEPARTMENT MAY APPOINT A [TRUSTEE] PROTECTIVE PAYEE TO TAKE
8 CHARGE OF THE EXPENDITURE OF ASSISTANCE GRANTED ANY PERSON UNDER
9 THIS ARTICLE WHEN, [IN ITS OPINION] CONSISTENT WITH FEDERAL
10 REGULATIONS, SUCH [TRUSTEE] PROTECTIVE PAYEE IS NECESSARY. IN
11 ANY SUCH CASE, PAYMENT SHALL BE MADE DIRECT TO THE [TRUSTEE]
12 PROTECTIVE PAYEE. A [TRUSTEE] PROTECTIVE PAYEE SHALL SERVE
13 WITHOUT COMPENSATION, AND SHALL BE SUBJECT TO SUCH RULES,
14 REGULATIONS AND ACCOUNTING AS THE DEPARTMENT SHALL PRESCRIBE.
15 WHEREVER POSSIBLE, THE PROTECTIVE PAYEE SHALL BE A PUBLIC
16 CHILD WELFARE AGENCY.
17 SECTION 5. THE ACT IS AMENDED BY ADDING SECTIONS TO READ:
18 SECTION 432.1. CONTINUED ABSENCE FROM THE HOME.--WHERE AN
19 APPLICATION FOR AID TO FAMILIES WITH DEPENDENT CHILDREN IS BASED
20 UPON DEPRIVATION OF PARENTAL SUPPORT OR CARE DUE TO THE
21 CONTINUED ABSENCE OF A PARENT FROM THE HOME, SUCH DEPRIVATION
22 EXISTS WHEN THE NATURE OF THE ABSENCE, FOR ANY REASON,
23 INTERRUPTS OR TERMINATES THE PARENT'S FUNCTIONING AS A PROVIDER
24 OF MAINTENANCE, PHYSICAL CARE OR GUIDANCE FOR THE CHILD AND THE
25 KNOWN OR INDEFINITE DURATION OF THE ABSENCE PRECLUDES CONTINUING
26 THE PARENT'S PERFORMANCE OF HIS FUNCTION AS A PROVIDER. ABSENCE
27 ALONE SHALL NOT CONSTITUTE DEPRIVATION.
28 IT SHALL BE THE DUTY OF THE DEPARTMENT TO VERIFY THE
29 CONTINUED ABSENCE OF THE PARENT FROM THE HOME FROM INFORMATION
30 REGARDING THE ABSENT PARENT SUPPLIED BY THE APPLICANT ON HIS
19750H0694B3217 - 7 -
1 APPLICATION, OR BY REQUIRING THE APPLICANT TO PROVIDE, WHERE
2 KNOWN, THE NAME, SOCIAL SECURITY NUMBER, DESCRIPTION, EMPLOYER
3 AND PRESENT OR LAST KNOWN ADDRESS OF THE ABSENT PARENT UPON
4 REQUEST.
5 SECTION 432.2. DETERMINATION OF ELIGIBILITY.--(A) PRIOR TO
6 DETERMINATION OF ELIGIBILITY, THE DEPARTMENT SHALL CONDUCT A
7 PERSONAL INTERVIEW WITH THE APPLICANT, OR WITH THE CARETAKER
8 RELATIVES OF THE NEEDY CHILDREN.
9 (B) AS A CONDITION OF ELIGIBILITY, AN INDIVIDUAL APPLYING
10 FOR ASSISTANCE SHALL COMPLETE AN APPLICATION CONTAINING A
11 WRITTEN DECLARATION OF SUCH INFORMATION REQUIRED TO ESTABLISH
12 ELIGIBILITY AND AMOUNT OF GRANT. THE APPLICATION SHALL INCLUDE,
13 BUT NOT BE LIMITED TO, THE FOLLOWING INFORMATION:
14 (1) NAMES OF ALL PERSONS TO RECEIVE AID;
15 (2) BIRTH DATES OF ALL PERSONS TO RECEIVE AID;
16 (3) SOCIAL SECURITY NUMBERS OF ALL PERSONS TO RECEIVE AID,
17 OR PROOF OF APPLICATION FOR SUCH SOCIAL SECURITY NUMBER;
18 (4) PLACE OF RESIDENCE FOR ALL PERSONS TO RECEIVE AID;
19 (5) THE NAMES OF ANY LEGALLY RESPONSIBLE RELATIVE LIVING IN
20 THE HOME;
21 (6) ANY INCOME OR RESOURCES AS DEFINED IN THIS ACT OR IN
22 REGULATIONS PROMULGATED PURSUANT TO THIS ACT.
23 THE DEPARTMENT SHALL PROVIDE ASSISTANCE AS NEEDED TO COMPLETE
24 THE APPLICATION AND SHALL INSURE THAT ALL APPLICANTS OR
25 RECIPIENTS HAVE OR PROMPTLY OBTAIN A SOCIAL SECURITY NUMBER.
26 (C) THE DEPARTMENT SHALL REQUIRE, AS AN ADDITIONAL CONDITION
27 OF ELIGIBILITY, THAT EACH APPLICANT OR RECIPIENT:
28 (1) ASSIGN TO THE STATE ANY RIGHTS TO SUPPORT FROM ANY OTHER
29 PERSON SUCH APPLICANT MAY HAVE (I) IN HIS OWN BEHALF OR IN
30 BEHALF OF ANY OTHER FAMILY MEMBER FOR WHOM THE APPLICANT IS
19750H0694B3217 - 8 -
1 APPLYING FOR OR RECEIVING AID, AND (II) WHICH HAVE ACCRUED AT
2 THE TIME SUCH ASSIGNMENT IS EXECUTED;
3 (2) COOPERATE WITH THE STATE EXCEPT WHEN IT IS NOT IN THE
4 BEST INTEREST OF THE CHILD AS DEFINED BY FEDERAL LAW OR
5 REGULATIONS (I) IN ESTABLISHING THE PATERNITY OF THE CHILD BORN
6 OUT OF WEDLOCK WITH RESPECT TO WHOM AID IS CLAIMED, AND (II) IN
7 OBTAINING SUPPORT PAYMENTS FOR SUCH APPLICANTS AND FOR A CHILD
8 WITH RESPECT TO WHOM SUCH AID IS CLAIMED, OR IN OBTAINING ANY
9 OTHER PAYMENTS OR PROPERTY DUE SUCH APPLICANT OR SUCH CHILD AND
10 THAT, IF THE RELATIVE WITH WHOM A CHILD IS LIVING IS FOUND TO BE
11 INELIGIBLE BECAUSE OF FAILURE TO COMPLY WITH THE REQUIREMENTS OF
12 SUBSECTIONS (B) AND (C), ANY AID FOR WHICH SUCH CHILD IS
13 ELIGIBLE WILL BE PROVIDED IN THE FORM OF PROTECTIVE PAYMENT.
14 (D) THE DEPARTMENT SHALL DETERMINE ALL ELEMENTS OF
15 ELIGIBILITY PERIODICALLY IN ACCORDANCE WITH THE PROVISIONS OF
16 THIS SECTION: PROVIDED, HOWEVER, THAT SUCH DETERMINATION SHALL
17 NOT BE LESS FREQUENT THAN EVERY SIX MONTHS. THE DEPARTMENT SHALL
18 REQUIRE THE COMPLETION OF A CONTINUING APPLICATION FORM AT THE
19 TIME OF REDETERMINATION AND THE PROVISIONS OF SECTION 432.15
20 SHALL BE APPLICABLE TO THIS SUBSECTION.
21 (E) EACH APPLICANT SHALL PROVIDE, UNDER PENALTY OF FRAUD,
22 THE INFORMATION NECESSARY TO COMPLETE SUCH APPLICATION. THE
23 APPLICATIONS USED BY THE DEPARTMENT SHALL CONTAIN, AT THE END
24 THEREOF, IN LARGE TYPE, A STATEMENT IN THE FORM APPROVED BY THE
25 ATTORNEY GENERAL THAT THE APPLICANT UNDERSTANDS THAT HE HAS AN
26 OBLIGATION TO REPORT IMMEDIATELY TO THE DEPARTMENT IN ACCORDANCE <--
27 WITH SECTION 432.14 OF THIS ACT ANY CHANGES IN INCOME OR
28 RESOURCES, COMPOSITION OF THE ASSISTANCE UNIT, ADDRESSES OR ANY
29 OTHER FACTOR WHICH MAY AFFECT ELIGIBILITY, AND THAT THE
30 DECLARATIONS IN THE APPLICATION ARE CORRECT AND COMPLETE TO THE
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1 BEST OF THE APPLICANT'S KNOWLEDGE OR BELIEF WHEN MADE. THIS
2 DECLARATION SHALL BE SIGNED BY THE APPLICANT OF ASSISTANCE OR
3 ANY PERSON COMPLETING THE APPLICATION FOR AN APPLICANT UNABLE TO
4 DO SO HIMSELF.
5 (F) THE CASEWORKER SHALL INSURE THAT THE APPLICANT
6 UNDERSTANDS HIS RIGHTS AND DUTIES UNDER THIS ACT AND SHALL
7 CERTIFY ON EACH APPLICATION THAT HE HAS EXPLAINED SUCH RIGHTS
8 AND DUTIES TO THE APPLICANT OR RECIPIENT.
9 (G) THE DEPARTMENT SHALL REDETERMINE ELIGIBILITY PROMPTLY
10 UPON RECEIPT OF NOTICE OF DEREGISTRATION BY THE BUREAU OF
11 EMPLOYMENT SECURITY.
12 SECTION 432.3. VOLUNTARY TERMINATION OF EMPLOYMENT.--A
13 PERSON WHO IS NOT IN A CLASS OF PERSONS EXCLUDED FROM MANDATORY <--
14 PARTICIPATION IN THE PENNSYLVANIA EMPLOYABLES PROGRAM AND WHO
15 WITHOUT GOOD CAUSE: (I) VOLUNTARILY TERMINATES EMPLOYMENT OR
16 REDUCES HIS EARNING CAPACITY FOR THE PURPOSE OF QUALIFYING FOR
17 ASSISTANCE OR A LARGER AMOUNT THEREOF; OR (II) FAILS OR REFUSES
18 TO ACCEPT REFERRAL TO AND PARTICIPATE IN A VOCATIONAL
19 REHABILITATION OR TRAINING PROGRAM, INCLUDING THE WORK INCENTIVE
20 PROGRAM, OR REFUSES TO ACCEPT REFERRAL TO AND WORK IN EMPLOYMENT
21 IN WHICH HE IS ABLE TO ENGAGE, PROVIDED SUCH EMPLOYMENT CONFORMS <--
22 TO THE STANDARDS ESTABLISHED FOR A BONA FIDE OFFER OF EMPLOYMENT
23 IN THE PENNSYLVANIA EMPLOYABLES PROGRAM, SHALL BE
24 (1) DISQUALIFIED FROM RECEIVING ASSISTANCE FOR THIRTY DAYS <--
25 DISQUALIFIED FROM RECEIVING ASSISTANCE FOR THIRTY DAYS
26 THEREAFTER AND UNTIL SUCH TIME AS HE IS WILLING TO COMPLY WITH
27 THE REQUIREMENTS OF SECTION 405.1. EXCEPT THAT <--
28 (2) AN APPLICANT FOR OR RECIPIENT OF GENERAL ASSISTANCE WHO
29 WITHOUT GOOD CAUSE VOLUNTARILY TERMINATED EMPLOYMENT OR REDUCED
30 HIS EARNING CAPACITY SHALL BE DISQUALIFIED FROM RECEIVING
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1 GENERAL ASSISTANCE FOR SEVENTY-FIVE DAYS THEREAFTER AND UNTIL
2 SUCH TIME AS HE IS WILLING TO COMPLY WITH THE REQUIREMENTS OF
3 SECTION 405.1.
4 SECTION 432.4. IDENTIFICATION AND PROOF OF RESIDENCE.--ALL
5 PERSONS APPLYING FOR ASSISTANCE SHALL PROVIDE ACCEPTABLE
6 IDENTIFICATION AND PROOF OF RESIDENCE; THE DEPARTMENT SHALL BY
7 REGULATIONS SPECIFY WHAT CONSTITUTES ACCEPTABLE IDENTIFICATION
8 AND PROOF OF RESIDENCE.
9 SECTION 432.5. RESIDENCE.--ASSISTANCE MAY BE GRANTED ONLY TO <--
10 OR IN BEHALF OF A RESIDENT OF PENNSYLVANIA. NEEDY PERSONS WHO DO
11 NOT MEET THE RESIDENCE REQUIREMENTS STATED IN THIS SECTION AND
12 WHO ARE TRANSIENTS OR WITHOUT RESIDENCE IN ANY STATE, MAY BE
13 GRANTED ASSISTANCE UP TO SEVEN DAYS, ALL IN ACCORDANCE WITH
14 RULES REGULATIONS AND STANDARDS ESTABLISHED BY THE DEPARTMENT.
15 FOR THE PURPOSE OF DETERMINING ELIGIBILITY FOR ASSISTANCE,
16 THE CONTINUED ABSENCE OF A RECIPIENT FROM THE COMMONWEALTH FOR A
17 PERIOD OF SIXTY DAYS OR LONGER SHALL BE PRIMA FACIE EVIDENCE OF
18 THE INTENT OF THE RECIPIENT TO HAVE CHANGED HIS RESIDENCE TO A
19 PLACE OUTSIDE THE COMMONWEALTH. THE DEPARTMENT SHALL MAKE
20 INQUIRY FROM ALL RECIPIENTS WHO HAVE BEEN CONTINUOUSLY ABSENT
21 FOR A PERIOD OF THIRTY DAYS TO DETERMINE WHETHER OR NOT IT IS
22 THEIR INTENT TO REMAIN RESIDENTS OF THE COMMONWEALTH OR TO
23 BECOME RESIDENTS ELSEWHERE, AND SHALL REDETERMINE THE RESIDENCE
24 OF SUCH PERSONS. IN ANY CASE IN WHICH SUCH INQUIRY DOES NOT
25 ESTABLISH THAT THE RECIPIENT REMAINS A RESIDENT OF THE
26 COMMONWEALTH, HIS AID SHALL BE TERMINATED AFTER PROVIDING
27 APPROPRIATE NOTICE OF SUCH INTENDED ACTION.
28 IF A RECIPIENT IS PREVENTED BY ILLNESS OR OTHER GOOD CAUSE
29 FROM RETURNING TO THE COMMONWEALTH AT THE END OF SIXTY DAYS, AND
30 HAS NOT ACTED TO ESTABLISH RESIDENCE ELSEWHERE, HE SHALL NOT BE
19750H0694B3217 - 11 -
1 DEEMED TO HAVE LOST HIS RESIDENCE IN THE COMMONWEALTH.
2 WHEN A RECIPIENT OF AID TO FAMILIES WITH DEPENDENT CHILDREN
3 OR GENERAL ASSISTANCE IS ABSENT FROM THE UNITED STATES FOR A
4 PERIOD IN EXCESS OF THIRTY DAYS, HIS AID SHALL THEREAFTER BE
5 SUSPENDED WHENEVER NEED CANNOT BE DETERMINED FOR THE ENSUING
6 PERIOD OF HIS ABSENCE.
7 IT IS NOT THE INTENT OF THE GENERAL ASSEMBLY, HOWEVER, IN
8 ENACTING THIS SECTION TO CREATE ANY DURATIONAL RESIDENCE
9 REQUIREMENT.
10 SECTION 432.5. LIMITS ON PROPERTY HOLDINGS.--(A) REAL AND
11 PERSONAL PROPERTY WHICH AN APPLICANT OR RECIPIENT OWNS OR IN
12 WHICH HE HAS AN INTEREST ARE RESOURCES WHICH MUST BE CONSIDERED
13 IN DETERMINING INITIAL AND CONTINUOUS ELIGIBILITY FOR
14 ASSISTANCE, SUBJECT TO THE LIMITATIONS AND EXCEPTIONS
15 HEREINAFTER PROSCRIBED.
16 (B) AN APPLICANT OR RECIPIENT MAY RETAIN REAL PROPERTY OWNED
17 BY HIM, OR IN CONJUNCTION WITH ANY OTHER PERSON WITHOUT
18 REFERENCE TO ITS VALUE IF SUCH REAL PROPERTY SERVES AS THE HOME
19 OF SUCH APPLICANT OR RECIPIENT.
20 (C) PERSONAL PROPERTY IN EXCESS OF ONE THOUSAND DOLLARS <--
21 ($1,000) PER A COMBINED AMOUNT OF TWO HUNDRED FIFTY DOLLARS
22 ($250) FOR THE FIRST PERSON IN THE ASSISTANCE UNIT AND ONE
23 HUNDRED DOLLARS ($100) FOR EACH ADDITIONAL PERSON IN THE
24 ASSISTANCE UNIT SHALL BE CONSIDERED AN AVAILABLE RESOURCE EXCEPT
25 AS FOLLOWS:
26 (1) WEDDING AND ENGAGEMENT RINGS, FAMILY HEIRLOOMS, CLOTHING
27 AND CHILDREN'S TOYS.
28 (2) HOUSEHOLD FURNISHINGS, PERSONAL EFFECTS AND OTHER ITEMS <--
29 USED TO PROVIDE, EQUIP, AND MAINTAIN A HOUSEHOLD FOR THE
30 APPLICANT AND RECIPIENT.
19750H0694B3217 - 12 -
1 (3) EQUIPMENT AND MATERIAL WHICH ARE NECESSARY TO IMPLEMENT
2 EMPLOYMENT, REHABILITATION, OR SELF CARE PLAN FOR THE APPLICANT
3 OR RECIPIENT.
4 (4) ONE MOTOR VEHICLE. ANY ADDITIONAL VEHICLES MAY BE <--
5 INCLUDED AS EQUIPMENT NECESSARY TO IMPLEMENT EMPLOYMENT,
6 REHABILITATION OR A SELF CARE PLAN FOR THE APPLICANT OR
7 RECIPIENT.
8 (4) MOTOR VEHICLES. <--
9 (5) UP TO FIFTY DOLLARS ($50) CASH ON HAND AT THE TIME OF <--
10 APPLICATION AND SAVINGS SAVINGS OF SCHOOL CHILDREN UP TO TWO
11 THOUSAND DOLLARS ($2,000) FOR EACH CHILD.
12 (6) RETROACTIVE ASSISTANCE PAYMENTS RECEIVED AS A RESULT OF
13 A PREHEARING CONFERENCE OR A FAIR HEARING DECISION.
14 (7) LIFE INSURANCE WITH A CASH VALUE NOT IN EXCESS OF FIVE <--
15 HUNDRED DOLLARS ($500). ONE THOUSAND DOLLARS ($1,000). <--
16 (D) IN THE CASE OF ANY NONRESIDENT REAL PROPERTY, THE
17 APPLICANT OR RECIPIENT MUST TAKE ADEQUATE STEPS TO OFFER SUCH
18 PROPERTY FOR SALE ON THE OPEN MARKET, CONVERT IT TO CASH, WITH
19 SUCH SUMS BEING CONSIDERED AN AVAILABLE RESOURCE. THE APPLICANT
20 OR RECIPIENT SHALL ACKNOWLEDGE THE LIABILITY OF THE PROPERTY FOR
21 REIMBURSEMENT.
22 (E) WITH THE EXCEPTION OF THE ITEMS OF PERSONAL PROPERTY IN
23 SUBSECTION (C) PERSONAL PROPERTY SHALL BE CONSIDERED IMMEDIATELY
24 CONVERTIBLE TO CASH AND AVAILABLE TO MEET CURRENT LIVING
25 EXPENSES. WHERE SUCH PERSONAL PROPERTY CANNOT BE READILY
26 CONVERTED INTO CASH, OR WHERE IT IS IN THE FORM OF A FROZEN
27 ASSET, ELIGIBILITY CRITERIA SHALL BE MET PROVIDED THAT THE OWNER
28 TAKE ADEQUATE STEPS TO CONVERT THE PROPERTY INTO CASH, OFFERING
29 SUCH PERSONAL PROPERTY FOR SALE ON THE OPEN MARKET, AND
30 ACKNOWLEDGING THE LIABILITY OF THE PROPERTY FOR REIMBURSEMENT.
19750H0694B3217 - 13 -
1 (F) WHERE AID HAS BEEN RECEIVED IN GOOD FAITH, BUT THE
2 RECIPIENT IN FACT OWNS EXCESS PROPERTY OR HAS NOT MET THE
3 REQUIREMENTS OF SUBSECTIONS (C), (D) AND (E), SUCH RECIPIENT
4 SHALL BE CONSIDERED TO HAVE BEEN INELIGIBLE FOR ASSISTANCE
5 DURING THE PERIOD FOR WHICH ANY EXCESS PROPERTY WOULD HAVE
6 SUPPORTED HIM AT THE RATE OF THE ASSISTANCE GRANTED TO HIM. IN
7 SUCH CASE, RECIPIENT SHALL REPAY THE AMOUNT OF ASSISTANCE
8 RECEIVED DURING SUCH PERIOD OF INELIGIBILITY.
9 SECTION 432.6. SUPPORT FROM LEGALLY RESPONSIBLE RELATIVES.--
10 (A) EVERY APPLICANT FOR ASSISTANCE WHOSE ELIGIBILITY IS BASED ON
11 DEPRIVATION DUE TO ABSENCE OF A PARENT FROM A HOME SHALL BE
12 REFERRED WITHIN TEN DAYS FOR INTERVIEW TO THE DESIGNATED SUPPORT
13 OFFICIAL OF THE DEPARTMENT WHO SHALL BE STATIONED IN LOCAL
14 WELFARE OFFICES, UNLESS SUCH OFFICES HAVE TOO FEW APPLICANTS TO
15 WARRANT PERMANENT STATIONING. THE DEPARTMENT SHALL BE
16 RESPONSIBLE FOR TAKING ALL STEPS NECESSARY TO IDENTIFY, LOCATE,
17 AND OBTAIN SUPPORT PAYMENTS FROM ABSENT PARENTS.
18 (B) THE DEPARTMENT SHALL ESTABLISH A SCALE OF SUGGESTED
19 MINIMUM CONTRIBUTIONS TO ASSIST COURTS IN DETERMINING THE AMOUNT
20 THAT AN ABSENT PARENT SHOULD BE EXPECTED TO PAY TOWARDS THE
21 SUPPORT OF A DEPENDENT CHILD. THE SCALE SHALL INCLUDE
22 CONSIDERATION OF GROSS INCOME, SHALL AUTHORIZE EXPENSE
23 DEDUCTIONS, INCLUDING DEDUCTIONS FOR TAXES, FOR DETERMINING NET
24 INCOME, SHALL DESIGNATE OTHER AVAILABLE RESOURCES TO BE
25 CONSIDERED AND SHALL SPECIFY THE CIRCUMSTANCES WHICH SHOULD BE
26 CONSIDERED IN REDUCING LIABILITY ON THE BASIS OF HARDSHIP.
27 COPIES OF THIS SCALE SHALL BE MADE AVAILABLE TO COURTS, DISTRICT
28 ATTORNEYS AND TO THE PUBLIC. IT IS INTENDED THAT THE SCALE
29 FORMULATED PURSUANT TO THIS SECTION SHOULD BE OPTIONAL.
30 (C) FAILURE OF THE ABSENT PARENT TO COMPLY WITH HIS SUPPORT
19750H0694B3217 - 14 -
1 OBLIGATIONS SHALL BE REFERRED TO THE COURT HAVING JURISDICTION
2 OF THIS MATTER FOR APPROPRIATE PROCEEDINGS.
3 (D) EFFECTIVE JANUARY 1, 1977, "LEGALLY RESPONSIBLE <--
4 RELATIVE" MEANS SPOUSES AND THE PARENT FOR AN UNEMANCIPATED
5 MINOR CHILD.
6 SECTION 432.8. PUBLIC WELFARE COOPERATIVE SUPPORT PROGRAM <--
7 FUND.--THERE IS HEREBY CREATED IN THE STATE TREASURY A REVOLVING
8 FUND TO BE DESIGNATED AS THE "PUBLIC WELFARE COOPERATIVE SUPPORT
9 PROGRAM FUND" WHICH SHALL BE USED BY THE DEPARTMENT IN CARRYING
10 OUT THE PURPOSES SPECIFIED IN SECTION 432.9. ALL MONEYS IN SAID
11 FUND FROM TIME TO TIME ARE HEREBY APPROPRIATED TO THE DEPARTMENT
12 FOR SUCH PURPOSES AND SHALL BE PAID WITHOUT FURTHER
13 APPROPRIATION UNDER REQUISITION AND WARRANT DRAWN ON THE STATE
14 TREASURER IN THE USUAL MANNER.
15 SECTION 432.9. COOPERATIVE SUPPORT PROGRAM AGREEMENT.--(A)
16 THE DEPARTMENT OF PUBLIC WELFARE IS HEREBY AUTHORIZED AND
17 EMPOWERED TO ENTER INTO AGREEMENTS WITH COUNTY COMMISSIONERS OR
18 APPROPRIATE COURTS OR LAW ENFORCEMENT OFFICIALS OF THE
19 COMMONWEALTH TO REIMBURSE THE CONTRACTING UNIT FOR A PORTION OF
20 THE COST OF DEVELOPING AND IMPLEMENTING AN IMPROVED DOMESTIC
21 RELATIONS DIVISION PROGRAM:
22 (1) FOR SECURING SUPPORT FOR PERSONS RECEIVING STATE PUBLIC
23 ASSISTANCE AND REIMBURSEMENT FROM THE LEGALLY RESPONSIBLE
24 RELATIVES OF SUCH ASSISTANCE RECIPIENTS;
25 (2) FOR ESTABLISHING PATERNITY OF CHILDREN BORN OUT OF
26 WEDLOCK WHO ARE RECEIVING AID TO FAMILIES WITH DEPENDENT
27 CHILDREN AND TO SECURE SUPPORT FOR THEM; AND
28 (3) IN THE CASE OF ANY CHILD OR OTHER PERSON RECEIVING AID
29 TO FAMILIES WITH DEPENDENT CHILDREN WHO IS DESERTED OR ABANDONED
30 BY A PARENT OR SPOUSE (I) FOR PROVIDING COUNSELING SERVICES TO
19750H0694B3217 - 15 -
1 REUNITE AND REHABILITATE THE FAMILIES INVOLVED; (II) FOR
2 SECURING SUPPORT FOR SUCH RECIPIENTS OF PUBLIC AID; AND (III)
3 FOR SUCH ADDITIONAL MEASURES FOR THE PROTECTION OF THE PERSONS
4 AND FAMILIES OF PERSONS RECEIVING AID TO FAMILIES WITH DEPENDENT
5 CHILDREN, AND THE PUBLIC WHICH THE DEPARTMENT AND THE OTHER
6 CONTRACTING PARTIES MAY FIND DESIRABLE TO UNDERTAKE
7 COOPERATIVELY.
8 FISCAL INCENTIVE WILL BE PROVIDED TO THE CONTRACTING UNIT IN
9 ACCORDANCE WITH FEDERAL REGULATIONS. EACH CONTRACTING UNIT SHALL
10 ENTER INTO AN ENFORCEMENT AGREEMENT WITH THE DEPARTMENT AS A
11 CONDITION OF RECEIVING THE FISCAL INCENTIVE.
12 (B) IN ANY COOPERATIVE SUPPORT PROGRAM AGREEMENT ENTERED
13 INTO PURSUANT TO THIS SECTION, THE DEPARTMENT, SUBJECT TO
14 GENERAL CONDITIONS ADOPTED AND STATED IN THE AGREEMENT BY THE
15 DEPARTMENT TO COMPLY WITH STATE AND FEDERAL LAW AND REGULATIONS
16 AND WHICH WILL REASONABLY ACHIEVE THE OBJECTIVES OF THIS SECTION
17 AND MADE APPLICABLE TO ALL CONTRACTING COUNTIES, SHALL AGREE TO
18 REIMBURSE THE CONTRACTING UNIT TO THE EXTENT PERMITTED BY
19 FEDERAL REGULATIONS FOR ADMINISTRATIVE EXPENDITURES AND IN
20 ACCORDANCE WITH STATE REGULATIONS, COSTS INCURRED DURING THE
21 PERIOD OF THE AGREEMENT.
22 (C) THE CONTRACTING UNIT MUST MAINTAIN ITS PREAGREEMENT
23 FISCAL EFFORT RELATIVE TO THE SUPPORT ENFORCEMENT OPERATIONS OF
24 THE DOMESTIC RELATIONS DIVISION AND/OR THE PROBATION OFFICE OF
25 THE COURT IN PROCESSING PATERNITY, DESERTION AND NONSUPPORT
26 CASES IN THE CONTRACTING COUNTY.
27 SECTION 432.7. DETERMINATION OF PATERNITY AND ENFORCEMENT OF <--
28 SUPPORT OBLIGATIONS.--IN ACCORDANCE WITH A CHILD SUPPORT PLAN
29 APPROVED BY THE FEDERAL GOVERNMENT, THE DEPARTMENT SHALL HAVE
30 THE POWER AND ITS DUTY SHALL BE TO:
19750H0694B3217 - 16 -
1 (A) REQUIRE AS A CONDITION OF ELIGIBILITY FOR ASSISTANCE
2 THAT THE APPLICANT OR RECIPIENT:
3 (1) FURNISH HIS SOCIAL SECURITY ACCOUNT NUMBER OR TO THE
4 EXTENT PERMITTED BY FEDERAL LAW, PROOF OF MAKING APPLICATION FOR
5 A SOCIAL SECURITY ACCOUNT NUMBER IF THE APPLICANT OR RECIPIENT
6 HAS NO SOCIAL SECURITY ACCOUNT NUMBER.
7 (2) ASSIGN TO THE DEPARTMENT ON FORMS PROVIDED BY THE
8 DEPARTMENT SUCH SUPPORT RIGHTS AS THE APPLICANT OR RECIPIENT MAY
9 HAVE IN HIS OWN BEHALF OR ON BEHALF OF ANY FAMILY MEMBER WHO IS
10 A PART OF THE ASSISTANCE UNIT.
11 (3) COOPERATE WITH THE DEPARTMENT IN ESTABLISHING THE
12 PATERNITY OF A CHILD BORN OUT OF WEDLOCK WITH RESPECT TO WHOM
13 ASSISTANCE IS CLAIMED, EXCEPT WHEN SUCH COOPERATION WOULD NOT BE
14 IN THE BEST INTEREST OF THE CHILD IN ACCORDANCE WITH STANDARDS
15 DEVELOPED BY THE DEPARTMENT CONSISTENT WITH FEDERAL REGULATIONS.
16 (4) COOPERATE IN OBTAINING SUPPORT PAYMENTS FOR SUCH
17 APPLICANT OR RECIPIENT AND FOR A CHILD WITH RESPECT TO WHOM SUCH
18 AID IS CLAIMED OR IN OBTAINING ANY OTHER PAYMENT OR PROPERTY DUE
19 SUCH APPLICANT, RECIPIENT OR SUCH CHILD, EXCEPT WHEN SUCH
20 COOPERATION WOULD NOT BE IN THE BEST INTEREST OF THE CHILD IN
21 ACCORDANCE WITH STANDARDS DEVELOPED BY THE DEPARTMENT CONSISTENT
22 WITH FEDERAL REGULATIONS.
23 (B) PROVIDE FOR PROTECTIVE PAYMENTS FOR ANY CHILD ELIGIBLE
24 FOR ASSISTANCE WHEN A CARETAKER RELATIVE IS INELIGIBLE DUE TO
25 THE CARETAKER RELATIVE'S FAILURE TO COMPLY WITH EITHER CLAUSE
26 (2), (3) OR (4) OF SUBSECTION (A).
27 (C) PROVIDE THAT IN ANY CASE IN WHICH THE CHILD SUPPORT
28 PAYMENTS ARE COLLECTED FOR A CHILD WITH RESPECT TO WHOM AN
29 ASSIGNMENT HAS BEEN MADE PURSUANT TO CLAUSE (2) OF SUBSECTION
30 (A), SUCH PAYMENT SHALL BE MADE TO THE DEPARTMENT FOR
19750H0694B3217 - 17 -
1 DISTRIBUTION PURSUANT TO SUBSECTION (G) EXCEPT FOR THOSE
2 PAYMENTS MADE FOR ANY MONTH IN WHICH THE AMOUNT COLLECTED IS
3 SUFFICIENT TO MAKE SUCH FAMILY INELIGIBLE FOR ASSISTANCE.
4 WHENEVER A FAMILY FOR WHOM CHILD SUPPORT PAYMENTS HAVE BEEN
5 COLLECTED AND DISTRIBUTED CEASES TO RECEIVE ASSISTANCE, THE
6 DEPARTMENT MAY CONTINUE TO COLLECT SUCH SUPPORT PAYMENTS FROM
7 THE LEGALLY RESPONSIBLE RELATIVE FOR A PERIOD NOT TO EXCEED
8 THREE MONTHS FROM THE MONTH FOLLOWING THE MONTH IN WHICH SUCH
9 FAMILIES CEASED TO RECEIVE ASSISTANCE AND PAY ALL AMOUNTS SO
10 COLLECTED TO THE FAMILY AND AT THE END OF SUCH THREE-MONTH
11 PERIOD, IF SPECIFICALLY AUTHORIZED BY THE INDIVIDUAL ON WHOSE
12 BEHALF THE COLLECTION WILL BE MADE, CONTINUE TO COLLECT SUCH
13 SUPPORT PAYMENTS FROM THE LEGALLY RESPONSIBLE RELATIVE AND PAY
14 THE NET AMOUNT OF ANY AMOUNT SO COLLECTED TO THE FAMILY AFTER
15 DEDUCTING ANY COSTS INCURRED IN MAKING THE COLLECTION FROM THE
16 AMOUNT OF ANY RECOVERY MADE.
17 (D) CREATE A SINGLE AND SEPARATE ORGANIZATIONAL UNIT WHICH
18 SHALL BE RESPONSIBLE FOR DEVELOPING AND IMPLEMENTING, SUBJECT TO
19 THE APPROVAL OF THE SECRETARY, A FEDERALLY APPROVED STATE PLAN
20 FOR CHILD SUPPORT. THE UNIT SHALL MAINTAIN A PARENT LOCATOR
21 SERVICE TO LOCATE ABSENT LEGALLY RESPONSIBLE RELATIVES UTILIZING
22 ALL SOURCES OF INFORMATION AND LEGALLY AVAILABLE RECORDS AND THE
23 PARENT LOCATOR SERVICE OF THE FEDERAL GOVERNMENT.
24 (E) UNDERTAKE EITHER DIRECTLY OR PURSUANT TO COOPERATIVE
25 ARRANGEMENTS WITH APPROPRIATE COURTS OR LAW ENFORCEMENT
26 OFFICIALS (INCLUDING DOMESTIC RELATIONS OFFICES) TO :
27 (1) ESTABLISH PATERNITY OF CHILDREN BORN OUT OF WEDLOCK WITH
28 RESPECT TO WHOM AN ASSIGNMENT PURSUANT TO CLAUSE (2) OF
29 SUBSECTION (A) HAS BEEN MADE; AND
30 (2) SECURE SUPPORT FOR A CHILD WITH RESPECT TO WHOM SUCH AN
19750H0694B3217 - 18 -
1 ASSIGNMENT HAS BEEN MADE FROM ANY LEGALLY RESPONSIBLE RELATIVE.
2 (F) MAKE AVAILABLE CHILD SUPPORT AND PATERNITY DETERMINATION
3 SERVICES TO ANY INDIVIDUAL NOT ELIGIBLE FOR ASSISTANCE TO THE
4 EXTENT REQUIRED BY FEDERAL LAW AND UPON APPLICATION SUBMITTED TO
5 THE DEPARTMENT ON FORMS PROVIDED BY THE DEPARTMENT, THE PAYMENT
6 OF ANY APPLICATION FEE ESTABLISHED BY THE DEPARTMENT AND THE
7 AGREEMENT TO PAY COSTS IN EXCESS OF THE FEE OUT OF ANY RECOVERY
8 MADE BY THE DEPARTMENT.
9 (G) PROVIDE FOR BONUS PAYMENTS TO RECIPIENTS CONSISTENT WITH
10 FEDERAL LAW FROM AMOUNTS COLLECTED PERIODICALLY WITHOUT ANY
11 DECREASE IN THE AMOUNT OF ASSISTANCE.
12 (H) MAKE INCENTIVE PAYMENTS TO POLITICAL SUBDIVISIONS AND
13 OTHER STATES CONSISTENT WITH FEDERAL LAW WHENEVER THE POLITICAL
14 SUBDIVISION OR OTHER STATE ENFORCES OR COLLECTS SUPPORT RIGHTS
15 ASSIGNED TO THE DEPARTMENT PURSUANT TO CLAUSE (2) OF SUBSECTION
16 (A).
17 (I) CONSTRUE AND IMPLEMENT THIS SECTION IN ORDER TO COMPLY
18 WITH TITLE IV-D OF THE FEDERAL SOCIAL SECURITY ACT RELATING TO
19 CHILD SUPPORT AND THE ESTABLISHMENT OF PATERNITY. THE DEPARTMENT
20 SHALL TAKE ALL STEPS NECESSARY TO IMPLEMENT A FEDERALLY APPROVED
21 STATE PLAN FOR CHILD SUPPORT.
22 SECTION 432.8. NOTWITHSTANDING ANY OTHER PROVISION OF LAW
23 MONEYS DUE FROM OR PAYABLE BY THE COMMONWEALTH OF PENNSYLVANIA
24 (INCLUDING ANY AGENCY, INSTRUMENTALITY OR AUTHORITY THEREOF) DUE
25 TO ANY INDIVIDUAL SHALL BE SUBJECT, IN LIKE MANNER AND TO THE
26 SAME EXTENT AS IF THE COMMONWEALTH OF PENNSYLVANIA WERE A
27 PRIVATE PERSON, TO LEGAL PROCESS BROUGHT FOR THE ENFORCEMENT
28 AGAINST SUCH INDIVIDUAL OF HIS LEGAL OBLIGATIONS TO PROVIDE
29 SUPPORT FOR A CHILD OR SPOUSE.
30 SECTION 432.9. CENTRAL REGISTRY.--(A) A CENTRAL REGISTRY OF
19750H0694B3217 - 19 -
1 RECORDS SHALL BE MAINTAINED IN THE DEPARTMENT SHOWING, AS FAR AS
2 IT IS KNOWN, WITH RESPECT TO ANY PARENT WHO HAS DESERTED OR
3 ABANDONED ANY CHILD RECEIVING AID TO FAMILIES WITH DEPENDENT
4 CHILDREN:
5 (1) THE FULL AND TRUE NAME OF SUCH PARENT TOGETHER WITH ANY
6 KNOWN ALIASES;
7 (2) DATE AND PLACE OF BIRTH;
8 (3) PHYSICAL DESCRIPTION;
9 (4) SOCIAL SECURITY NUMBER;
10 (5) OCCUPATION AND ANY SPECIAL SKILLS HE MAY HAVE;
11 (6) MILITARY STATUS AND VETERANS' ADMINISTRATION OR MILITARY
12 SERVICE SERIAL NUMBER;
13 (7) LAST KNOWN ADDRESS AND THE DATE THEREOF;
14 (8) THE NUMBER OF THE DRIVER'S LICENSE; AND
15 (9) ANY FURTHER INFORMATION THAT MAY BE OF ASSISTANCE IN
16 LOCATING THE PERSON.
17 (B) TO EFFECTUATE THE PURPOSES OF THIS SECTION, THE
18 DEPARTMENT MAY REQUEST AND SHALL RECEIVE FROM ALL DEPARTMENTS,
19 BUREAUS, BOARDS OR OTHER AGENCIES OF THIS COMMONWEALTH, OR ANY
20 OF ITS POLITICAL SUBDIVISIONS, AND THE SAME ARE AUTHORIZED TO
21 PROVIDE, SUCH ASSISTANCE AND DATA EXCEPT TAX RECORDS AS WILL
22 ENABLE THE DEPARTMENT AND OTHER PUBLIC AGENCIES TO CARRY OUT
23 THEIR DUTIES TO LOCATE ABSENT PARENTS FOR THE SUPPORT OF THEIR
24 CHILDREN. THE DEPARTMENT SHALL UTILIZE THE "PARENT LOCATOR
25 SERVICE" PURSUANT TO ESTABLISHMENT IN THE DEPARTMENT OF HEALTH,
26 EDUCATION AND WELFARE BY FILING IN ACCORDANCE WITH SECTION
27 453(B) OF THE SOCIAL SECURITY ACT.
28 (C) ANY RECORDS ESTABLISHED PURSUANT TO THE PROVISIONS OF
29 THIS SECTION SHALL BE AVAILABLE ONLY TO PUBLIC WELFARE OFFICES,
30 DISTRICT ATTORNEYS, PROBATION DEPARTMENTS, CENTRAL REGISTRIES IN
19750H0694B3217 - 20 -
1 OTHER STATES, AND COURTS HAVING JURISDICTION IN SUPPORT OR
2 ABANDONMENT PROCEEDINGS OR ACTION AND ONLY FOR THE PURPOSES FOR
3 WHICH THE RECORDS HAVE BEEN ESTABLISHED.
4 SECTION 432.10. MAXIMUM WITHHOLDING EXEMPTIONS.--AN EMPLOYED
5 APPLICANT OR RECIPIENT SHALL BE CONSIDERED TO BE CLAIMING THE
6 MAXIMUM NUMBER OF EXEMPTIONS FOR FEDERAL INCOME TAX PURPOSES TO
7 WHICH HE IS ENTITLED UNDER FEDERAL LAW AND ANY EARNED INCOME
8 SHALL BE COMPUTED ACCORDINGLY. THE DEPARTMENT SHALL MAINTAIN
9 TABLES INDICATING THE AMOUNT OF WITHHOLDING FOR VARIOUS NUMBERS
10 OF DEPENDENTS AND VARIOUS INCOME LEVELS. THE DEPARTMENT SHALL
11 BASE ASSISTANCE ON THE MAXIMUM NUMBER OF EXEMPTIONS TO WHICH THE
12 APPLICANT OR RECIPIENT IS ENTITLED. THIS DETERMINATION SHALL BE
13 MADE AT THE TIME OF APPLICATION, AT THE PERIODIC REDETERMINATION
14 OF ELIGIBILITY AND WHEN CHANGES IN A RECIPIENT'S CIRCUMSTANCES
15 REQUIRE THAT THE AMOUNT OF ASSISTANCE BE REDETERMINED.
16 SECTION 432.11. ACCESS TO STATE RECORDS.--(A) THE SECRETARY
17 OR HIS DESIGNEES IN WRITING SHALL HAVE ACCESS TO ALL RECORDS
18 OTHER THAN TAX RECORDS, AND THE DEPARTMENT, IN COOPERATION WITH
19 ALL OTHER DEPARTMENTS OF THE EXECUTIVE BRANCH, SHALL ESTABLISH A
20 SINGLE UNIFORM SYSTEM OF INFORMATION CLEARANCE AND RETRIEVAL.
21 (B) THE BUREAU OF EMPLOYMENT SECURITY SHALL PROVIDE THE
22 DEPARTMENT WITH A STATEMENT OF EARNINGS CLEARANCE UPON THE
23 REQUEST OF THE DEPARTMENT.
24 (C) UPON REQUEST OF THE DEPARTMENT, THE BUREAU OF MOTOR
25 VEHICLES SHALL PROVIDE INFORMATION AS TO ALL VEHICLES OWNED BY
26 THE APPLICANT OR RECIPIENT.
27 (D) WITH THE EXCEPTION OF THE ACCESS PROVIDED BY SUBSECTIONS <--
28 (B) AND (C), THE PROVISIONS OF SUBSECTION (A) SHALL NOT BE
29 CONSTRUED TO GIVE THE SECRETARY OR HIS DESIGNEE ACCESS TO
30 INFORMATION WHICH WOULD OTHERWISE BE DEEMED PRIVILEGED OR
19750H0694B3217 - 21 -
1 CONFIDENTIAL PURSUANT TO STATE OR FEDERAL LAW.
2 SECTION 432.12. DETERMINATION OF INCOME.--(A) IN ACCORDANCE
3 WITH FEDERAL LAW AND REGULATIONS THE DEPARTMENT SHALL, IN
4 DETERMINING NEED, TAKE INTO CONSIDERATION THE INCOME, NOT <--
5 INCLUDING THAT AMOUNT EQUAL TO THE EXPENSES REASONABLY
6 ATTRIBUTABLE TO THE EARNING OF INCOME, OF ALL MEMBERS OF THE
7 ASSISTANCE UNIT WHO ARE FOURTEEN YEARS OF AGE OR OLDER. FOR AID <--
8 TO FAMILIES WITH DEPENDENT CHILDREN, TAKE INTO CONSIDERATION THE
9 INCOME, EXCLUDING THAT AMOUNT EQUAL TO THE EXPENSES REASONABLY
10 ATTRIBUTABLE TO THE EARNING OF INCOME, OF ALL MEMBERS OF THE
11 ASSISTANCE UNIT WHO ARE FOURTEEN YEARS OF AGE OR OLDER.
12 IN DETERMINING NEED FOR GENERAL ASSISTANCE, THE DEPARTMENT
13 SHALL TAKE INTO CONSIDERATION ALL INCOME, EXCLUDING THAT AMOUNT
14 EQUAL TO THE EXPENSES REASONABLY ATTRIBUTABLE TO THE EARNING OF
15 INCOME UP TO TWENTY-FIVE DOLLARS ($25) PER MONTH, OF ALL MEMBERS
16 OF THE ASSISTANCE UNIT WHO ARE FOURTEEN YEARS OF AGE OR OLDER.
17 IN ADDITION TO SAID WORK RELATED EXPENSES, THE FIRST TWENTY
18 DOLLARS ($20) PLUS FIFTY PERCENT OF THE NEXT SIXTY DOLLARS ($60)
19 SHALL BE DEDUCTED FROM THE GROSS MONTHLY WAGES OF EACH EMPLOYED
20 RECIPIENT OF GENERAL ASSISTANCE. THE GENERAL ASSISTANCE GRANT
21 SHALL BE COMPUTED ON THE REMAINDER.
22 (B) INCOME AS USED IN SUBSECTION (A) INCLUDES BENEFITS IN
23 CASH OR IN KIND (OTHER THAN THE RENTAL VALUE OF LIVING <--
24 ACCOMMODATIONS), AS DEFINED BY THE DEPARTMENT IN ACCORDANCE WITH
25 FEDERAL LAW AND REGULATIONS.
26 (C) TO BE CONSIDERED IN ESTABLISHING FINANCIAL ELIGIBILITY
27 AND THE AMOUNT OF THE ASSISTANCE PAYMENT, INCOME MUST BE
28 ACTUALLY AVAILABLE FOR CURRENT USE BY THE APPLICANT OR
29 RECIPIENT. IN ACCORDANCE WITH FEDERAL LAW AND REGULATIONS, THE
30 APPLICANT OR RECIPIENT SHALL, HOWEVER, AS A NECESSARY CONDITION
19750H0694B3217 - 22 -
1 OF ELIGIBILITY:
2 (1) PROVIDE ALL INFORMATION NECESSARY TO INCOME
3 DETERMINATION; AND
4 (2) TAKE ALL ACTIONS NECESSARY TO OBTAIN UNCONDITIONALLY
5 AVAILABLE INCOME INCLUDING APPLYING FOR UNEMPLOYMENT
6 COMPENSATION TO THE EXTENT PERMITTED BY FEDERAL LAW. INCOME
7 SHALL BE CONSIDERED UNCONDITIONALLY AVAILABLE IF THE APPLICANT
8 OR RECIPIENT HAS ONLY TO CLAIM OR ACCEPT SUCH INCOME, INCLUDING
9 ANY TYPE OF GOVERNMENTAL BENEFITS, SOCIAL INSURANCE, PRIVATE
10 PENSION OR BENEFITS PLAN, OR OFFERS OF PRIVATE CONTRIBUTIONS,
11 INCLUDING CONTRIBUTIONS FROM RELATIVES NOT IN THE NATURE OF
12 DISASTER RELIEF.
13 SECTION 432.13. INCOME AVERAGING.--FOR PURPOSES OF
14 DETERMINING ELIGIBILITY FOR ASSISTANCE, THE INCOME OF ANY PERSON
15 UNDER A CONTRACT OF EMPLOYMENT ON AN ANNUAL BASIS WHO WORKS AND
16 RECEIVES INCOME FROM SUCH CONTRACT IN FEWER THAN TWELVE MONTHS,
17 BUT MORE THAN EIGHT MONTHS, SHALL BE PRORATED OVER THE PERIOD OF
18 THE CONTRACT. THIS PROVISION SHALL APPLY ONLY TO SUCH PERSONS
19 WHOSE ANNUAL INCOME, WHEN AVERAGED OVER A TWELVE-MONTH PERIOD,
20 IS EXPECTED TO BE IN EXCESS OF THAT SET FORTH IN THE MINIMUM
21 BASIC STANDARDS OF ADEQUATE CARE FOR THE APPROPRIATE NUMBER OF
22 PERSONS DEPENDENT UPON SUCH INCOME.
23 SECTION 432.14. REPORTING RESPONSIBILITY.--(A) IT SHALL BE
24 THE DUTY OF THE DEPARTMENT TO INSURE THAT EVERY APPLICANT FOR,
25 OR RECIPIENT OF, ASSISTANCE BE NOTIFIED NOT LESS FREQUENTLY THAN
26 SEMIANNUALLY AS TO THE PROVISIONS OF ELIGIBILITY AND HIS
27 RESPONSIBILITY FOR REPORTING INFORMATION CONCERNING CHANGES IN
28 CIRCUMSTANCES WHICH MAY AFFECT THE AMOUNT OF GRANT. AFTER SUCH
29 NOTIFICATION HAS BEEN PROVIDED, THE DEPARTMENT SHALL REQUIRE THE
30 RECIPIENT TO FORMALLY ACKNOWLEDGE, ON A FORM PRESCRIBED FOR SUCH
19750H0694B3217 - 23 -
1 PURPOSE, THAT THE PROVISIONS OF ELIGIBILITY AND REPORTING
2 OBLIGATIONS HAVE BEEN EXPLAINED TO HIM AND WERE UNDERSTOOD.
3 (B) EACH APPLICANT FOR OR RECIPIENT OR PAYEE OF SUCH
4 ASSISTANCE SHALL BE RESPONSIBLE FOR REPORTING ACCURATELY AND
5 WITHIN A REASONABLE SPECIFIED PERIOD THOSE FACTS REQUIRED OF HIM
6 PURSUANT TO THE EXPLANATION PROVIDED BY THE DEPARTMENT.
7 SECTION 432.15. QUARTERLY EARNINGS DETERMINATION.--THE
8 DEPARTMENT SHALL TRANSMIT TO THE BUREAU OF EMPLOYMENT SECURITY
9 THE SOCIAL SECURITY NUMBER OF ALL PERSONS OVER SIXTEEN YEARS OF
10 AGE WHO RECEIVE ASSISTANCE DURING THE SECOND PRIOR QUARTER. THE
11 BUREAU OF EMPLOYMENT SECURITY SHALL DETERMINE THE AMOUNT OF
12 WAGES REPORTED BY EMPLOYERS FOR THE AMOUNT OF UNEMPLOYMENT
13 COMPENSATION INSURANCE BENEFITS WHICH HAVE BEEN PAID DURING THE
14 SECOND AND THIRD PRIOR QUARTERS TO PERSONS WITH THOSE SOCIAL
15 SECURITY NUMBERS AND SHALL RETURN SUCH INFORMATION, INCLUDING
16 ZERO WAGE REPORTS TO THE DEPARTMENT. THE DEPARTMENT SHALL
17 COMPARE SUCH WAGE REPORTS WITH EARNINGS REPORTED BY RECIPIENTS,
18 TAKE PROMPT ACTION TO RESOLVE DISCREPANCIES, AND SHALL REFER
19 PROMPTLY FOR INVESTIGATION ANY CASES OF SUSPECTED FRAUD.
20 SECTION 432.16. RECOUPMENT OF PRIOR OVERPAYMENTS AND
21 RETROACTIVE CORRECTION OF UNDERPAYMENTS.--(A) IN ACCORDANCE WITH
22 FEDERAL LAW AND REGULATIONS, THE DEPARTMENT SHALL ESTABLISH
23 PROCEDURES FOR RECOUPMENT OF PRIOR OVERPAYMENTS CAUSED BY THE
24 RECIPIENT'S WILLFUL WITHHOLDING OF INFORMATION CONCERNING HIS
25 INCOME, RESOURCES, OR OTHER CIRCUMSTANCES WHICH MAY AFFECT THE
26 AMOUNT OF PAYMENT, PROVIDED THAT:
27 (1) THE AMOUNT OF OVERPAYMENTS RECOUPED SHALL BE LIMITED TO
28 OVERPAYMENTS MADE DURING THE TWELVE MONTHS PRECEDING THE MONTH
29 IN WHICH THE OVERPAYMENT WAS DISCOVERED: PROVIDED, HOWEVER, THAT <--
30 WHERE THE OVERPAYMENT WAS CAUSED BY THE RECIPIENT'S WILFULL
19750H0694B3217 - 24 -
1 WITHHOLDING OF INFORMATION REGARDING HIS INCOME OR RESOURCES,
2 RECOUPMENT SHALL BE PERMITTED FOR OVERPAYMENTS MADE DURING THE
3 TWENTY-FOUR MONTHS PRECEDING THE MONTH IN WHICH THE OVERPAYMENT
4 WAS DISCOVERED.
5 (2) THE RECOUPMENT OF OVERPAYMENTS MAY BE MADE (I) FROM
6 INCOME OR RESOURCES, EXCLUSIVE OF THE CURRENT ASSISTANCE
7 PAYMENT, WHICH ARE CURRENTLY AVAILABLE TO THE RECIPIENT IN THE
8 AMOUNT BY WHICH THE DEPARTMENT PROPOSES TO REDUCE PAYMENTS; OR
9 (II) FROM CURRENT ASSISTANCE PAYMENTS. IF RECOUPMENTS ARE MADE
10 FROM CURRENT ASSISTANCE PAYMENTS, THE DEPARTMENT SHALL, ON A
11 CASE-BY-CASE BASIS, LIMIT THE PROPORTION OF SUCH PAYMENTS THAT
12 MAY BE DEDUCTED IN EACH CASE, SO AS NOT TO CAUSE UNDUE HARDSHIP
13 ON RECIPIENTS.
14 (3) IN NO EVENT, SHALL THE GRANT OF A NEEDY CHILD BE REDUCED
15 UNLESS THE PARENTS OR OTHER RESPONSIBLE PERSONS HAVE SUFFICIENT
16 AVAILABLE INCOME OR RESOURCES TO MEET THE NEEDS OF THE DEPENDENT
17 CHILD ACCORDING TO DEPARTMENT STANDARDS DURING THE PERIOD OF
18 REDUCTION.
19 (4) THE DEPARTMENT SHALL, PRIOR TO EFFECTING ANY REDUCTION
20 OF A CURRENT GRANT, ADVISE THE RECIPIENT OF THE PROPOSED
21 REDUCTION BY TIMELY AND ADEQUATE NOTICE.
22 (B) THE DEPARTMENT SHALL BE PERMITTED TO RECOUP OVERPAYMENTS
23 IN ACCORDANCE WITH THE PROVISIONS OF SUBSECTION (A) CONCURRENT
24 WITH A SUIT FOR RESTITUTION PROVIDED THAT THE EXTENT OF
25 LIABILITY FOR RESTITUTION SHALL BE REDUCED BY THE AMOUNT OF
26 OVERPAYMENTS RECOUPED.
27 (C) THE DEPARTMENT SHALL, IN ACCORDANCE WITH FEDERAL
28 REGULATIONS, ESTABLISH PROCEDURES FOR RETROACTIVE CORRECTION OF
29 UNDERPAYMENTS CAUSED BY ADMINISTRATIVE ERROR PROVIDED THAT:
30 (1) RETROACTIVE CORRECTIVE PAYMENTS SHALL BE LIMITED TO THE
19750H0694B3217 - 25 -
1 TWELVE MONTHS PRECEDING THE MONTH IN WHICH THE UNDERPAYMENT
2 FIRST BECOMES KNOWN TO THE DEPARTMENT;
3 (2) RETROACTIVE PAYMENTS TO CORRECT IMPROPER DENIAL OF
4 ASSISTANCE SHALL BE MADE FOR UP TO TWELVE MONTHS PRIOR TO THE
5 MONTH IN WHICH THE ERROR FIRST BECOMES KNOWN TO THE DEPARTMENT,
6 BUT IN NO CASE EARLIER THAN THE DATE OF APPLICATION;
7 (3) FOR THE PURPOSES OF DETERMINING CONTINUED ELIGIBILITY
8 AND THE AMOUNT OF ASSISTANCE, SUCH RETROACTIVE CORRECTIVE
9 PAYMENTS SHALL NOT BE CONSIDERED AS INCOME OR AS A RESOURCE IN
10 THE MONTH IN WHICH PAID NOR IN THE NEXT FOLLOWING MONTH; AND
11 (4) NO RETROACTIVE PAYMENT NEED BE MADE WHERE THE
12 ADMINISTRATIVE COST WOULD EXCEED THE AMOUNT OF SUCH PAYMENT.
13 SECTION 432.17. TIMELY AND ADEQUATE NOTICE DEFINED.--THE
14 DEPARTMENT SHALL PROVIDE TIMELY AND ADEQUATE NOTICE IN ALL CASES
15 OF INTENDED ACTION TO DISCONTINUE, TERMINATE, SUSPEND OR REDUCE
16 AN ASSISTANCE GRANT EXCEPT IN THOSE CASES WHERE ADEQUATE NOTICE
17 ALONE WOULD BE CONSISTENT WITH THE REQUIREMENTS OF FEDERAL LAW
18 OR REGULATION.
19 "TIMELY NOTICE" MEANS NOTICE WHICH IS MAILED AT LEAST TEN
20 DAYS BEFORE THE INTENDED CHANGE WOULD BE EFFECTIVE.
21 "ADEQUATE NOTICE" MEANS A WRITTEN NOTICE THAT INCLUDES A
22 STATEMENT OF WHAT ACTION THE AGENCY INTENDS TO TAKE, THE REASONS
23 FOR THE INTENDED ACTION, THE SPECIFIC REGULATIONS OR STATUTES
24 SUPPORTING SUCH ACTION, AN EXPLANATION OF THE INDIVIDUAL'S RIGHT
25 TO REQUEST AN EVIDENTIARY AND AN ADMINISTRATIVE HEARING ON THE
26 PROPRIETY OF THE INTENDED ACTION AND THE CIRCUMSTANCES UNDER
27 WHICH ASSISTANCE IS CONTINUED IF A HEARING IS REQUESTED.
28 ADEQUATE NOTICE SHALL BE SENT NOT LATER THAN THE DATE OF ACTION.
29 SECTION 432.18. ASSISTANCE PAYMENTS; LOST, STOLEN, DESTROYED
30 OR NOT RECEIVED.--IN THE EVENT THAT A RECIPIENT OF ASSISTANCE
19750H0694B3217 - 26 -
1 DOES NOT RECEIVE AN ASSISTANCE CHECK, OR IF SUCH CHECK IS LOST,
2 STOLEN OR DESTROYED AFTER RECEIPT BUT BEFORE IT IS CASHED, THE
3 COUNTY OFFICE AFTER A PERIOD OF THREE DAYS MAY AUTHORIZE A ONE-
4 TIME GRANT FROM THE COUNTY DISBURSEMENT, PROVIDED THAT THE
5 FOLLOWING CONDITIONS ARE MET:
6 (1) THE RECIPIENT REPORTS THE NONRECEIPT OF THE CHECK, LOSS,
7 OR THEFT OF AN UNENDORSED CHECK OR DESTRUCTION OF AN ENDORSED
8 CHECK. THE REPORT OF A LOSS OR THEFT OF A CHECK SHALL BE
9 ACCOMPANIED BY A SWORN STATEMENT TO THAT EFFECT UNDER PENALTY OF
10 FRAUD. THE COUNTY BOARD SHALL IMMEDIATELY STOP PAYMENT ON THE
11 CHECK AFTER RECEIPT OF ITS COPY OF THE SIGNED STATEMENT.
12 (2) THE CHECK WAS SENT TO THE RECIPIENT.
13 (3) THE RECIPIENT SHALL BE INSTRUCTED ON HIS LIABILITY,
14 SHOULD THE LOST, STOLEN, DESTROYED OR NONRECEIVED CHECK COME
15 INTO HIS POSSESSION, TO RETURN SUCH CHECK IMMEDIATELY TO THE
16 COUNTY OFFICE AND THAT CASHING OR ATTEMPTING TO CASH SUCH CHECK
17 CONSTITUTES FRAUD.
18 SECTION 437. REPORTS TO GENERAL ASSEMBLY.--TWO COPIES OF ALL
19 REPORTS REQUIRED BY THE NATIONAL CENTER FOR SOCIAL STATISTICS OF
20 THE DEPARTMENT OF HEALTH, EDUCATION AND WELFARE SHALL BE
21 FURNISHED TO THE SENATE PUBLIC HEALTH AND WELFARE COMMITTEE AND
22 THE HEALTH AND WELFARE COMMITTEE OF THE HOUSE OF REPRESENTATIVES
23 WHEN THEY ARE SUBMITTED TO THE FEDERAL GOVERNMENT. SIMILAR
24 REPORTS PREPARED CONCERNING GENERAL ASSISTANCE, THE STATE BLIND
25 PENSION AND STATE SUPPLEMENTAL ASSISTANCE SHALL BE SIMILARLY
26 FURNISHED TO THE COMMITTEES.
27 SECTION 441.2. MEDICAL ASSISTANCE ELIGIBILITY.--MEDICAL
28 ASSISTANCE SHALL NOT BE GRANTED TO OR IN BEHALF OF ANY PERSON
29 WHO DISPOSED OF HIS REAL OR PERSONAL PROPERTY, OF THE VALUE OF
30 FIVE HUNDRED DOLLARS ($500), OR MORE, WITHOUT FAIR
19750H0694B3217 - 27 -
1 CONSIDERATION, WITHIN TWO YEARS IMMEDIATELY PRECEDING THE DATE
2 OF APPLICATION FOR MEDICAL ASSISTANCE UNLESS HE IS ELIGIBLE FOR
3 STATE SUPPLEMENTAL ASSISTANCE OR UNLESS HE CAN CLEARLY SHOW THAT
4 THE TRANSFER WAS NOT PRIMARILY FOR THE PURPOSE OF ACQUIRING OR
5 RETAINING ELIGIBILITY FOR ASSISTANCE.
6 SECTION 6. SECTION 443.1 OF THE ACT ADDED JULY 31, 1968 <--
7 (P.L.904, NO.273) AND CLAUSE (3) AMENDED OCTOBER 26, 1972
8 (P.L.1027, NO.252), IS AMENDED TO READ:
9 SECTION 443.1. MEDICAL ASSISTANCE PAYMENTS FOR INSTITUTIONAL
10 CARE.--THE FOLLOWING MEDICAL ASSISTANCE PAYMENTS SHALL BE MADE
11 IN BEHALF OF ELIGIBLE PERSONS WHOSE INSTITUTIONAL CARE IS
12 PRESCRIBED BY PHYSICIANS:
13 (1) THE REASONABLE COST OF INPATIENT HOSPITAL CARE, AS
14 SPECIFIED BY REGULATIONS OF THE DEPARTMENT ADOPTED UNDER TITLE
15 XIX OF THE FEDERAL SOCIAL SECURITY ACT AND CERTIFIED TO THE
16 DEPARTMENT BY THE AUDITOR GENERAL[, FOR A MAXIMUM OF SIXTY DAYS
17 IN A BENEFIT PERIOD] FOR A BED PATIENT ON A CONTINUOUS TWENTY-
18 FOUR HOUR A DAY BASIS IN A MULTI-BED ACCOMMODATION OF A
19 HOSPITAL, EXCLUSIVE OF A HOSPITAL OR DISTINCT PART OF A HOSPITAL
20 WHEREIN TWENTY-FIVE PERCENT OF PATIENTS REMAIN SIX MONTHS OR
21 MORE. TO BE ELIGIBLE FOR SUCH PAYMENTS A HOSPITAL MUST BE
22 QUALIFIED TO PARTICIPATE UNDER TITLE XIX OF THE FEDERAL SOCIAL
23 SECURITY ACT AND HAVE ENTERED INTO A WRITTEN AGREEMENT WITH THE
24 DEPARTMENT REGARDING MATTERS DESIGNATED BY THE SECRETARY AS
25 NECESSARY TO EFFICIENT ADMINISTRATION, SUCH AS HOSPITAL
26 UTILIZATION, MAINTENANCE OF PROPER COST ACCOUNTING RECORDS AND
27 ACCESS TO PATIENTS' RECORDS. SUCH EFFICIENT ADMINISTRATION SHALL
28 REQUIRE THE DEPARTMENT TO PERMIT PARTICIPATING HOSPITALS TO
29 UTILIZE THE SAME FISCAL INTERMEDIARY FOR THIS TITLE XIX PROGRAM
30 AS SUCH HOSPITALS USE FOR THE TITLE XVIII PROGRAM;
19750H0694B3217 - 28 -
1 (2) THE COST OF SKILLED NURSING [HOME] AND INTERMEDIATE
2 NURSING CARE IN STATE-OWNED GERIATRIC CENTERS, [AND]
3 INSTITUTIONS FOR THE MENTALLY RETARDED, INSTITUTIONS FOR THE
4 MENTALLY ILL, AND IN COUNTY HOMES WHICH MEET THE STATE AND
5 FEDERAL REQUIREMENTS FOR PARTICIPATION UNDER TITLE XIX OF THE
6 FEDERAL SOCIAL SECURITY ACT AND WHICH ARE APPROVED BY THE
7 DEPARTMENT. THIS COST IN COUNTY HOMES SHALL BE AS SPECIFIED BY
8 THE REGULATIONS OF THE DEPARTMENT ADOPTED UNDER TITLE XIX OF THE
9 FEDERAL SOCIAL SECURITY ACT AND CERTIFIED TO THE DEPARTMENT BY
10 THE AUDITOR GENERAL; ELSEWHERE THE COST SHALL BE DETERMINED BY
11 THE DEPARTMENT;
12 (3) RATES ON A COST-RELATED BASIS ESTABLISHED BY THE
13 DEPARTMENT FOR SKILLED NURSING HOME OR INTERMEDIATE CARE IN A
14 NON-PUBLIC NURSING HOME, WHEN FURNISHED BY A NURSING HOME
15 LICENSED OR APPROVED BY THE DEPARTMENT AND QUALIFIED TO
16 PARTICIPATE UNDER TITLE XIX OF THE FEDERAL SOCIAL SECURITY ACT;
17 (4) THE COST OF CARE IN ANY MENTAL HOSPITAL OR IN A PUBLIC
18 TUBERCULOSIS HOSPITAL. TO BE ELIGIBLE FOR SUCH PAYMENTS A
19 HOSPITAL MUST BE QUALIFIED TO PARTICIPATE UNDER TITLE XIX OF THE
20 FEDERAL SOCIAL SECURITY ACT AND HAVE ENTERED INTO A WRITTEN
21 AGREEMENT WITH THE DEPARTMENT REGARDING MATTERS DESIGNATED BY
22 THE SECRETARY AS NECESSARY TO EFFICIENT ADMINISTRATION, SUCH AS
23 HOSPITAL UTILIZATION, MAINTENANCE OF PROPER COST ACCOUNTING
24 RECORDS AND ACCESS TO PATIENTS' RECORDS. CARE IN A PRIVATE
25 MENTAL HOSPITAL SHALL BE LIMITED TO SIXTY DAYS IN A BENEFIT
26 PERIOD. ONLY PERSONS AGED TWENTY-ONE YEARS OR UNDER AND AGED
27 SIXTY-FIVE YEARS OR OLDER SHALL BE ELIGIBLE FOR CARE IN A PUBLIC
28 MENTAL OR TUBERCULOSIS HOSPITAL. THIS COST SHALL BE THE
29 REASONABLE COST, AS DETERMINED BY THE DEPARTMENT FOR A STATE
30 INSTITUTION OR AS SPECIFIED BY REGULATIONS OF THE DEPARTMENT
19750H0694B3217 - 29 -
1 ADOPTED UNDER TITLE XIX OF THE FEDERAL SOCIAL SECURITY ACT AND
2 CERTIFIED TO THE DEPARTMENT BY THE AUDITOR GENERAL FOR COUNTY
3 AND NON-PUBLIC INSTITUTIONS.
4 SECTION 6. 7. SECTIONS 451, 481, 487 AND 488 OF THE ACT ARE <--
5 AMENDED TO READ:
6 SECTION 451. CONFORMITY WITH FEDERAL LEGISLATION.--
7 NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE DEPARTMENT, WITH
8 THE APPROVAL OF THE GOVERNOR, MAY BY REGULATION GRANT [MEDICAL]
9 ASSISTANCE TO ANY PERSONS, MODIFY OR DISCONTINUE ANY TYPE OF
10 [MEDICAL] ASSISTANCE AND ESTABLISH NEW TYPES OF [MEDICAL]
11 ASSISTANCE IN ORDER TO INSURE RECEIPT OF FEDERAL CONTRIBUTIONS
12 FOR SUCH [MEDICAL] ASSISTANCE. ANY SUCH REGULATION SHALL BE VOID
13 AT THE END OF THE REGULAR SESSION OF THE GENERAL ASSEMBLY HELD
14 DURING THE ODD-NUMBERED YEAR NEXT FOLLOWING THE ADOPTION OF THE
15 REGULATION.
16 SECTION 481. FALSE STATEMENTS; PENALTY.--(A) ANY PERSON WHO,
17 EITHER PRIOR TO, OR AT THE TIME OF, OR SUBSEQUENT TO THE
18 APPLICATION FOR ASSISTANCE, BY MEANS OF A WILFULLY FALSE
19 STATEMENT OF MISREPRESENTATION, OR BY IMPERSONATION OR OTHER
20 FRAUDULENT MEANS, SECURES, OR ATTEMPTS TO SECURE, OR AIDS OR
21 ABETS ANY PERSON IN SECURING ASSISTANCE, OR FEDERAL FOOD STAMPS,
22 UNDER THIS ARTICLE SHALL BE GUILTY OF A MISDEMEANOR, AND, UPON
23 CONVICTION THEREOF, SHALL BE SENTENCED TO PAY A FINE NOT
24 EXCEEDING ONE THOUSAND DOLLARS ($1,000), OR TO UNDERGO
25 IMPRISONMENT NOT EXCEEDING ONE YEAR, OR BOTH, AND ALSO SHALL BE
26 SENTENCED TO MAKE RESTITUTION OF ANY MONEYS HE HAS RECEIVED BY
27 REASON OF ANY SUCH FALSE STATEMENT, MISREPRESENTATION,
28 IMPERSONATION, OR FRAUDULENT MEANS.
29 (B) ANY PERSON WHO, EITHER PRIOR TO OR AT THE TIME OF OR
30 SUBSEQUENT TO THE APPLICATION FOR ASSISTANCE, BY MEANS OF A
19750H0694B3217 - 30 -
1 WILFULLY FALSE STATEMENT OR MISREPRESENTATION, OR BY
2 IMPERSONATION, OR OTHER FRAUDULENT MEANS, SECURES OR ATTEMPTS TO
3 SECURE ASSISTANCE OR FEDERAL FOOD STAMPS NOT EXCEEDING THREE
4 HUNDRED DOLLARS ($300) UNDER THIS ARTICLE SHALL, UPON CONVICTION
5 THEREOF IN A SUMMARY PROCEEDING, BE SENTENCED TO MAKE
6 RESTITUTION OF SUCH ASSISTANCE, AND TO PAY A FINE OF NOT MORE
7 THAN TWO HUNDRED DOLLARS ($200). [AND, IN DEFAULT OF MAKING
8 RESTITUTION AND THE PAYMENT OF THE FINE IMPOSED, TO UNDERGO
9 IMPRISONMENT NOT EXCEEDING SIXTY DAYS.] WHEN HAVING AVAILABLE
10 SUFFICIENT MEANS OR THE ABILITY TO ACQUIRE SUCH MEANS, WILFULL
11 FAILURE TO MAKE RESTITUTION AND PAY THE FINE IMPOSED SHALL
12 RESULT IN IMPRISONMENT NOT EXCEEDING SIXTY DAYS.
13 (C) THERE SHALL BE A FOUR-YEAR STATUTE OF LIMITATIONS ON ALL
14 OFFENSES UNDER THIS SECTION.
15 SECTION 487. INFORMATION TO BE SUPPLIED.--(A) EVERY BANK,
16 INDUSTRIAL BANK, CREDIT UNION, TRUST COMPANY, BANK AND TRUST
17 COMPANY, PRIVATE BANKER, AND BUILDING AND LOAN ASSOCIATION, OR
18 OTHER FINANCIAL INSTITUTIONS DOING BUSINESS IN PENNSYLVANIA,
19 SHALL, WHEN REQUESTED IN WRITING SO TO DO BY THE DEPARTMENT, OR
20 ANY COUNTY BOARD OR BY ANY OFFICIAL LEGISLATIVE INVESTIGATING
21 COMMITTEE, OR BY ANY AUTHORIZED AGENT THEREOF, DISCLOSE TO SUCH
22 DEPARTMENT, BOARD, COMMITTEE, OR AUTHORIZED AGENT, WHETHER OR
23 NOT ANY PERSON APPLYING FOR OR RECEIVING PUBLIC ASSISTANCE, OR
24 ANY LEGALLY RESPONSIBLE RELATIVE OF SUCH APPLICANT OR RECIPIENT,
25 HAS HAD, OR HAS ANY MONEY ON DEPOSIT WITH, OR INVESTED IN, SUCH
26 BANKING INSTITUTION OR BUILDING AND LOAN ASSOCIATION WITHIN ONE
27 YEAR PRIOR TO THEIR APPLICATION FOR ASSISTANCE, OR AT ANY TIME
28 THEREAFTER, THE AMOUNT AND DATE OF SUCH DEPOSIT OR INVESTMENT,
29 AND THE AMOUNTS AND DATES OF WITHDRAWALS THEREFROM.
30 (B) EVERY EMPLOYER SHALL, WHEN REQUESTED IN WRITING SO TO DO
19750H0694B3217 - 31 -
1 BY THE DEPARTMENT OR ANY COUNTY BOARD OR BY ANY OFFICIAL
2 LEGISLATIVE INVESTIGATING COMMITTEE, OR BY ANY AUTHORIZED AGENT
3 THEREOF, DISCLOSE TO SUCH DEPARTMENT, BOARD, COMMITTEE, OR
4 AUTHORIZED AGENT WITHIN THIRTY DAYS, WHETHER OR NOT ANY PERSON
5 APPLYING FOR OR RECEIVING PUBLIC ASSISTANCE, OR ANY LEGALLY
6 RESPONSIBLE RELATIVE OF SUCH APPLICANT OR RECIPIENT HAS OR HAD
7 RECEIVED, OR WILL RECEIVE, ANY MONEY IN SALARY, WAGES,
8 COMMISSION, OR OTHER COMPENSATION FROM SUCH EMPLOYER, AND IF SO,
9 THE AMOUNT AND DATE OF SUCH SALARY, WAGES, COMMISSION, OR OTHER
10 COMPENSATION.
11 SECTION 488. VIOLATION; PENALTY.--ANY BANK, INDUSTRIAL BANK,
12 CREDIT UNION, TRUST COMPANY, BANK AND TRUST COMPANY, PRIVATE
13 BANKER, BUILDING AND LOAN ASSOCIATION, OR OTHER FINANCIAL
14 INSTITUTION DOING BUSINESS IN PENNSYLVANIA, OR EMPLOYER WHO OR
15 WHICH WILFULLY VIOLATES THE PROVISIONS OF SECTION 487 OF THIS
16 ACT, OR WHO OR WHICH WILFULLY MAKES ANY FALSE OR MISLEADING
17 STATEMENT IN CONNECTION WITH ANY DISCLOSURE REQUIRED BY SAID
18 SECTION, SHALL BE GUILTY OF A MISDEMEANOR, AND UPON CONVICTION
19 THEREOF, SHALL BE SENTENCED TO PAY A FINE NOT EXCEEDING ONE
20 THOUSAND DOLLARS ($1000).
21 Section 1 7. 8. Section 1016 OF THE act of June 13, 1967 <--
22 (P.L.31, No.21), known as the "Public Welfare Code," is amended
23 to read:
24 Section 1016. Right to Enter and Inspect.--For the purpose
25 of determining the suitability of the applicants and of the
26 premises or whether or not any premises in fact qualifies as a
27 facility as defined in section 1001 of this act or the
28 continuing conformity of the licensees to this act and to the
29 applicable regulations of the department, any authorized agent
30 of the department shall have the right to enter, visit and
19750H0694B3217 - 32 -
1 inspect any facility licensed or requiring a license under this
2 act and shall have full and free access to the records of the
3 facility and to the individuals therein and full opportunity to
4 interview, inspect or examine such individuals.
5 An authorized agent of the department shall also confer with
6 the operators of facilities regarding the minimum standards of
7 the department, encourage the adoption of higher standards and
8 recommend methods of improving care and services.
9 SECTION 8. 9. (A) SUBSECTION (B) OF SECTION SECTION 3, ACT <--
10 OF JUNE 24, 1937 (P.L.2045, NO.397), KNOWN AS "THE SUPPORT LAW,"
11 IS REPEALED IN SO FAR AS IT IS INCONSISTENT HEREWITH.
12 (B) ALL OTHER ACTS AND PARTS OF ACTS, GENERAL, LOCAL AND
13 SPECIAL, ARE REPEALED IN SO FAR AS THEY ARE INCONSISTENT
14 HEREWITH.
15 SECTION 9. 10. IF ANY PROVISION OF THIS ACT SHALL BE HELD <--
16 INVALID, THE REMAINDER OF THIS ACT SHALL NOT BE AFFECTED
17 THEREBY.
18 SECTION 10. 11. THIS ACT SHALL APPLY ALSO TO THOSE <--
19 FACILITIES TRANSFERRED TO THE DEPARTMENT OF HEALTH BY
20 REORGANIZATION PLAN NO. 3 OF 1975.
21 Section 2 11. 12. This act shall take effect in 60 days. <--
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