SENATE AMENDED
PRIOR PRINTER'S NOS. 785, 3023, 3217 PRINTER'S NO. 3269
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
IN SENATE, AS AMENDED ON SECOND CONSIDERATION, MAY 25, 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 PROVIDING FOR THE PREPAYMENT OF CONTRACTED MEDICAL SERVICES <--
7 AND further providing for the right to inspect facilities.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 SECTION 1. SECTION 402, ACT OF JUNE 13, 1967 (P.L.31, <--
11 NO.21), KNOWN AS THE "PUBLIC WELFARE CODE," AMENDED DECEMBER 12, <--
12 1973 (P.L.403, NO.143), IS AMENDED BY ADDING A DEFINITION TO <--
13 READ:
14 SECTION 402. DEFINITIONS.--AS USED IN THIS ARTICLE:
15 * * * <--
16 "ASSISTANCE" MEANS MONEY, SERVICES, GOODS, SHELTER, BURIAL
17 AND MEDICAL, CHIROPRACTIC AND OTHER HEALTH CARE, INCLUDING
18 NURSING HOME CARE PROVIDED FROM OR WITH STATE, FEDERAL, COUNTY,
19 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 IN <--
7 ACCORDANCE WITH REGULATIONS OF THE DEPARTMENT FOR EMPLOYMENT,
8 TRAINING AND MANPOWER SERVICES, UNLESS SUCH 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) (B) 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) (C) NO PERSON REGISTERED PURSUANT TO SUBSECTION (A) <--
17 SHALL REFUSE TO ACCEPT A BONA FIDE OFFER OF EMPLOYMENT OR
18 TRAINING. THE BONA FIDE OFFER OF EMPLOYMENT, TRAINING, OR WORK
19 EXPERIENCE MUST BE CONSISTENT WITH THE PERSON'S PHYSICAL, MENTAL
20 AND 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
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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) (D) ANY PERSON REQUIRED TO REGISTER PURSUANT TO <--
6 SUBSECTION (A) WHO WILLFULLY:
7 (1) FAILS TO REGISTER; OR <--
8 (2) FAILS TO CONDUCT AN ADEQUATE JOB SEARCH OR FULFILL HIS <--
9 REPORTING RESPONSIBILITIES REQUIRED BY SUBSECTION (B); OR
10 (3) (2) REFUSES A BONA FIDE OFFER OF EMPLOYMENT OR TRAINING
11 IN VIOLATION OF SUBSECTION (D) (C) SHALL BE INELIGIBLE FOR AID <--
12 TO 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 (E) THE DEPARTMENT SHALL, WITHIN TWELVE MONTHS OF THE <--
18 EFFECTIVE DATE OF THIS ACT, ESTABLISH A SERIES OF DEMONSTRATION
19 PROJECTS WHICH WILL HAVE AS THEIR PRIMARY PURPOSE, THE OBTAINING
20 OF BONA FIDE EMPLOYMENT FOR NON-EXEMPT ASSISTANCE APPLICANTS AND
21 RECIPIENTS. THE DEMONSTRATION PROJECTS MAY BE SUBSTITUTED FOR
22 THE REGISTRATION REQUIRED BY SUBSECTION (A). THE DEMONSTRATION
23 PROJECTS SHALL INCLUDE, BUT NOT BE LIMITED TO REFERRAL TO
24 PRIVATE EMPLOYMENT AGENCIES UNDER CONTRACT WITH THE DEPARTMENT
25 AND THE ESTABLISHMENT OF AN EMPLOYMENT OFFICER IN COUNTY BOARD
26 OF ASSISTANCE OFFICES. THOSE DEMONSTRATION PROJECTS CONSIDERED
27 BY THE DEPARTMENT TO BE SUCCESSFUL AFTER AT LEAST A TWELVE-MONTH
28 TRIAL PERIOD MAY BE MADE PERMANENT ON EITHER A STATEWIDE OR
29 LOCALIZED BASIS. DURING THE TRIAL PERIOD, A DEMONSTRATION
30 PROJECT MAY BE EXPANDED. EVERY DEMONSTRATION PROJECT MUST
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1 INCLUDE ADEQUATE PROVISION FOR EVALUATION AND EACH EVALUATION
2 SHALL INCLUDE PARTICIPATION BY MEMBERS OF THE PUBLIC. NOTHING IN
3 THIS SUBSECTION SHALL BE CONSTRUED TO PERMIT THE IMPLEMENTATION
4 OF A DEMONSTRATION PROGRAM WHICH WOULD REQUIRE AN APPLICANT OR
5 RECIPIENT TO PERFORM WORK AS PAYMENT FOR AN ASSISTANCE GRANT.
6 (F) THE DEPARTMENT SHALL TAKE ALL APPROPRIATE MEASURES TO
7 OBTAIN ANY NECESSARY FEDERAL APPROVAL AND ASSISTANCE FOR THE
8 PENNSYLVANIA EMPLOYABLES PROGRAM. IF THE UNITED STATES
9 DEPARTMENT OF HEALTH, EDUCATION AND WELFARE DOES NOT APPROVE ALL
10 OR PART OF THE PENNSYLVANIA EMPLOYABLES PROGRAM, THAT PART OF
11 THE PROGRAM UNAPPROVED SHALL NOT APPLY TO PERSONS WHO ARE
12 OTHERWISE ELIGIBLE FOR AID TO FAMILIES WITH DEPENDENT CHILDREN,
13 BUT IT SHALL APPLY TO PERSONS ELIGIBLE FOR GENERAL ASSISTANCE.
14 (G) THE BUREAU OF EMPLOYMENT SECURITY SHALL NOTIFY THE <--
15 DEPARTMENT OF ANY DEREGISTRATION. THE DEPARTMENT SHALL PROMPTLY
16 REDETERMINE ELIGIBILITY UPON RECEIPT OF NOTICE OF
17 DEREGISTRATION.
18 (H) NO DEPARTMENT OR AGENCY OF THE COMMONWEALTH AND NO <--
19 VENDOR DELIVERING SOCIAL SERVICES FUNDED IN WHOLE OR IN PART BY
20 CONTRACTS WITH OR GRANTS FROM THE DEPARTMENT OF PUBLIC WELFARE
21 SHALL DISCRIMINATE IN ANY MANNER INCLUDING EMPLOYMENT OR JOB
22 PLACEMENT AGAINST ANY PERSON BECAUSE THAT PERSON IS OR WAS AN
23 APPLICANT FOR OR RECIPIENT OF ASSISTANCE.
24 SECTION 4. SECTION 412 OF THE ACT IS AMENDED TO READ:
25 SECTION 412. APPOINTMENT OF [TRUSTEES] PROTECTIVE PAYEES.--
26 THE DEPARTMENT MAY APPOINT A [TRUSTEE] PROTECTIVE PAYEE TO TAKE
27 CHARGE OF THE EXPENDITURE OF ASSISTANCE GRANTED ANY PERSON UNDER
28 THIS ARTICLE WHEN, [IN ITS OPINION] CONSISTENT WITH FEDERAL
29 REGULATIONS, SUCH [TRUSTEE] PROTECTIVE PAYEE IS NECESSARY. IN
30 ANY SUCH CASE, PAYMENT SHALL BE MADE DIRECT TO THE [TRUSTEE]
19750H0694B3269 - 7 -
1 PROTECTIVE PAYEE. A [TRUSTEE] PROTECTIVE PAYEE SHALL SERVE
2 WITHOUT COMPENSATION, AND SHALL BE SUBJECT TO SUCH RULES,
3 REGULATIONS AND ACCOUNTING AS THE DEPARTMENT SHALL PRESCRIBE.
4 WHEREVER POSSIBLE, THE PROTECTIVE PAYEE SHALL BE A PUBLIC
5 CHILD WELFARE AGENCY.
6 SECTION 5. THE ACT IS AMENDED BY ADDING SECTIONS TO READ:
7 SECTION 432.1. CONTINUED ABSENCE FROM THE HOME.--WHERE AN
8 APPLICATION FOR AID TO FAMILIES WITH DEPENDENT CHILDREN IS BASED
9 UPON DEPRIVATION OF PARENTAL SUPPORT OR CARE DUE TO THE
10 CONTINUED ABSENCE OF A PARENT FROM THE HOME, SUCH DEPRIVATION
11 EXISTS WHEN THE NATURE OF THE ABSENCE, FOR ANY REASON,
12 INTERRUPTS OR TERMINATES THE PARENT'S FUNCTIONING AS A PROVIDER
13 OF MAINTENANCE, PHYSICAL CARE OR GUIDANCE FOR THE CHILD AND THE
14 KNOWN OR INDEFINITE DURATION OF THE ABSENCE PRECLUDES CONTINUING
15 THE PARENT'S PERFORMANCE OF HIS FUNCTION AS A PROVIDER. ABSENCE
16 ALONE SHALL NOT CONSTITUTE DEPRIVATION.
17 IT SHALL BE THE DUTY OF THE DEPARTMENT TO VERIFY THE
18 CONTINUED ABSENCE OF THE PARENT FROM THE HOME FROM INFORMATION
19 REGARDING THE ABSENT PARENT SUPPLIED BY THE APPLICANT ON HIS
20 APPLICATION, OR BY REQUIRING THE APPLICANT TO PROVIDE, WHERE
21 KNOWN, THE NAME, SOCIAL SECURITY NUMBER, DESCRIPTION, EMPLOYER
22 AND PRESENT OR LAST KNOWN ADDRESS OF THE ABSENT PARENT UPON
23 REQUEST.
24 SECTION 432.2. DETERMINATION OF ELIGIBILITY.--(A) PRIOR TO
25 DETERMINATION OF ELIGIBILITY, THE DEPARTMENT SHALL CONDUCT A
26 PERSONAL INTERVIEW WITH THE APPLICANT, OR WITH THE CARETAKER
27 RELATIVES OF THE NEEDY CHILDREN.
28 (B) AS A CONDITION OF ELIGIBILITY, AN INDIVIDUAL APPLYING
29 FOR ASSISTANCE SHALL COMPLETE AN APPLICATION CONTAINING A
30 WRITTEN DECLARATION OF SUCH INFORMATION REQUIRED TO ESTABLISH
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1 ELIGIBILITY AND AMOUNT OF GRANT. THE APPLICATION SHALL INCLUDE,
2 BUT NOT BE LIMITED TO, THE FOLLOWING INFORMATION:
3 (1) NAMES OF ALL PERSONS TO RECEIVE AID;
4 (2) BIRTH DATES OF ALL PERSONS TO RECEIVE AID;
5 (3) SOCIAL SECURITY NUMBERS OF ALL PERSONS TO RECEIVE AID,
6 OR PROOF OF APPLICATION FOR SUCH SOCIAL SECURITY NUMBER;
7 (4) PLACE OF RESIDENCE FOR ALL PERSONS TO RECEIVE AID;
8 (5) THE NAMES OF ANY LEGALLY RESPONSIBLE RELATIVE LIVING IN
9 THE HOME;
10 (6) ANY INCOME OR RESOURCES AS DEFINED IN THIS ACT OR IN
11 REGULATIONS PROMULGATED PURSUANT TO THIS ACT.
12 THE DEPARTMENT SHALL PROVIDE ASSISTANCE AS NEEDED TO COMPLETE
13 THE APPLICATION AND SHALL INSURE THAT ALL APPLICANTS OR
14 RECIPIENTS HAVE OR PROMPTLY OBTAIN A SOCIAL SECURITY NUMBER.
15 (C) THE DEPARTMENT SHALL REQUIRE, AS AN ADDITIONAL CONDITION <--
16 OF ELIGIBILITY, THAT EACH APPLICANT OR RECIPIENT:
17 (1) ASSIGN TO THE STATE ANY RIGHTS TO SUPPORT FROM ANY OTHER
18 PERSON SUCH APPLICANT MAY HAVE (I) IN HIS OWN BEHALF OR IN
19 BEHALF OF ANY OTHER FAMILY MEMBER FOR WHOM THE APPLICANT IS
20 APPLYING FOR OR RECEIVING AID, AND (II) WHICH HAVE ACCRUED AT
21 THE TIME SUCH ASSIGNMENT IS EXECUTED;
22 (2) COOPERATE WITH THE STATE EXCEPT WHEN IT IS NOT IN THE
23 BEST INTEREST OF THE CHILD AS DEFINED BY FEDERAL LAW OR
24 REGULATIONS (I) IN ESTABLISHING THE PATERNITY OF THE CHILD BORN
25 OUT OF WEDLOCK WITH RESPECT TO WHOM AID IS CLAIMED, AND (II) IN
26 OBTAINING SUPPORT PAYMENTS FOR SUCH APPLICANTS AND FOR A CHILD
27 WITH RESPECT TO WHOM SUCH AID IS CLAIMED, OR IN OBTAINING ANY
28 OTHER PAYMENTS OR PROPERTY DUE SUCH APPLICANT OR SUCH CHILD AND
29 THAT, IF THE RELATIVE WITH WHOM A CHILD IS LIVING IS FOUND TO BE
30 INELIGIBLE BECAUSE OF FAILURE TO COMPLY WITH THE REQUIREMENTS OF
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1 SUBSECTIONS (B) AND (C), ANY AID FOR WHICH SUCH CHILD IS
2 ELIGIBLE WILL BE PROVIDED IN THE FORM OF PROTECTIVE PAYMENT.
3 (D) (C) THE DEPARTMENT SHALL DETERMINE ALL ELEMENTS OF
4 ELIGIBILITY PERIODICALLY IN ACCORDANCE WITH THE PROVISIONS OF
5 THIS SECTION: PROVIDED, HOWEVER, THAT SUCH DETERMINATION SHALL
6 NOT BE LESS FREQUENT THAN EVERY SIX MONTHS. THE DEPARTMENT SHALL
7 REQUIRE THE COMPLETION OF A CONTINUING APPLICATION FORM AT THE
8 TIME OF REDETERMINATION AND THE PROVISIONS OF SECTION 432.15
9 SHALL BE APPLICABLE TO THIS SUBSECTION.
10 (E) (D) EACH APPLICANT SHALL PROVIDE, UNDER PENALTY OF <--
11 FRAUD, THE INFORMATION NECESSARY TO COMPLETE SUCH APPLICATION.
12 THE APPLICATIONS USED BY THE DEPARTMENT SHALL CONTAIN, AT THE
13 END THEREOF, IN LARGE TYPE, A STATEMENT IN THE FORM APPROVED BY
14 THE ATTORNEY GENERAL THAT THE APPLICANT UNDERSTANDS THAT HE HAS
15 AN OBLIGATION TO REPORT IMMEDIATELY TO THE DEPARTMENT IN <--
16 ACCORDANCE WITH SECTION 432.14 OF THIS ACT ANY CHANGES IN INCOME
17 OR RESOURCES, COMPOSITION OF THE ASSISTANCE UNIT, ADDRESSES OR
18 ANY OTHER FACTOR WHICH MAY AFFECT ELIGIBILITY, AND THAT THE
19 DECLARATIONS IN THE APPLICATION ARE CORRECT AND COMPLETE TO THE
20 BEST OF THE APPLICANT'S KNOWLEDGE OR BELIEF WHEN MADE. THIS
21 DECLARATION SHALL BE SIGNED BY THE APPLICANT OF ASSISTANCE OR
22 ANY PERSON COMPLETING THE APPLICATION FOR AN APPLICANT UNABLE TO
23 DO SO HIMSELF.
24 (F) (E) THE CASEWORKER SHALL INSURE THAT THE APPLICANT <--
25 UNDERSTANDS HIS RIGHTS AND DUTIES UNDER THIS ACT AND SHALL
26 CERTIFY ON EACH APPLICATION THAT HE HAS EXPLAINED SUCH RIGHTS
27 AND DUTIES TO THE APPLICANT OR RECIPIENT.
28 (G) THE DEPARTMENT SHALL REDETERMINE ELIGIBILITY PROMPTLY <--
29 UPON RECEIPT OF NOTICE OF DEREGISTRATION BY THE BUREAU OF
30 EMPLOYMENT SECURITY.
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1 SECTION 432.3. VOLUNTARY TERMINATION OF EMPLOYMENT.--A
2 PERSON WHO IS NOT IN A CLASS OF PERSONS EXCLUDED FROM MANDATORY <--
3 PARTICIPATION IN THE PENNSYLVANIA EMPLOYABLES PROGRAM AND WHO
4 WITHOUT GOOD CAUSE: (I) VOLUNTARILY TERMINATES EMPLOYMENT OR
5 REDUCES HIS EARNING CAPACITY FOR THE PURPOSE OF QUALIFYING FOR
6 ASSISTANCE OR A LARGER AMOUNT THEREOF; OR (II) FAILS OR REFUSES
7 TO ACCEPT REFERRAL TO AND PARTICIPATE IN A VOCATIONAL
8 REHABILITATION OR TRAINING PROGRAM, INCLUDING THE WORK INCENTIVE
9 PROGRAM, OR REFUSES TO ACCEPT REFERRAL TO AND WORK IN EMPLOYMENT
10 IN WHICH HE IS ABLE TO ENGAGE, PROVIDED SUCH EMPLOYMENT CONFORMS <--
11 TO THE STANDARDS ESTABLISHED FOR A BONA FIDE OFFER OF EMPLOYMENT
12 IN THE PENNSYLVANIA EMPLOYABLES PROGRAM, SHALL BE
13 (1) DISQUALIFIED FROM RECEIVING ASSISTANCE FOR THIRTY DAYS <--
14 DISQUALIFIED FROM RECEIVING ASSISTANCE FOR THIRTY DAYS
15 THEREAFTER AND UNTIL SUCH TIME AS HE IS WILLING TO COMPLY WITH
16 THE REQUIREMENTS OF SECTION 405.1. EXCEPT THAT <--
17 (2) AN APPLICANT FOR OR RECIPIENT OF GENERAL ASSISTANCE WHO
18 WITHOUT GOOD CAUSE VOLUNTARILY TERMINATED EMPLOYMENT OR REDUCED
19 HIS EARNING CAPACITY SHALL BE DISQUALIFIED FROM RECEIVING
20 GENERAL ASSISTANCE FOR SEVENTY-FIVE DAYS THEREAFTER AND UNTIL
21 SUCH TIME AS HE IS WILLING TO COMPLY WITH THE REQUIREMENTS OF
22 SECTION 405.1.
23 SECTION 432.4. IDENTIFICATION AND PROOF OF RESIDENCE.--ALL
24 PERSONS APPLYING FOR ASSISTANCE SHALL PROVIDE ACCEPTABLE
25 IDENTIFICATION AND PROOF OF RESIDENCE; THE DEPARTMENT SHALL BY
26 REGULATIONS SPECIFY WHAT CONSTITUTES ACCEPTABLE IDENTIFICATION
27 AND PROOF OF RESIDENCE.
28 SECTION 432.5. RESIDENCE.--ASSISTANCE MAY BE GRANTED ONLY TO <--
29 OR IN BEHALF OF A RESIDENT OF PENNSYLVANIA. NEEDY PERSONS WHO DO
30 NOT MEET THE RESIDENCE REQUIREMENTS STATED IN THIS SECTION AND
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1 WHO ARE TRANSIENTS OR WITHOUT RESIDENCE IN ANY STATE, MAY BE
2 GRANTED ASSISTANCE UP TO SEVEN DAYS, ALL IN ACCORDANCE WITH
3 RULES REGULATIONS AND STANDARDS ESTABLISHED BY THE DEPARTMENT.
4 FOR THE PURPOSE OF DETERMINING ELIGIBILITY FOR ASSISTANCE,
5 THE CONTINUED ABSENCE OF A RECIPIENT FROM THE COMMONWEALTH FOR A
6 PERIOD OF SIXTY DAYS OR LONGER SHALL BE PRIMA FACIE EVIDENCE OF
7 THE INTENT OF THE RECIPIENT TO HAVE CHANGED HIS RESIDENCE TO A
8 PLACE OUTSIDE THE COMMONWEALTH. THE DEPARTMENT SHALL MAKE
9 INQUIRY FROM ALL RECIPIENTS WHO HAVE BEEN CONTINUOUSLY ABSENT
10 FOR A PERIOD OF THIRTY DAYS TO DETERMINE WHETHER OR NOT IT IS
11 THEIR INTENT TO REMAIN RESIDENTS OF THE COMMONWEALTH OR TO
12 BECOME RESIDENTS ELSEWHERE, AND SHALL REDETERMINE THE RESIDENCE
13 OF SUCH PERSONS. IN ANY CASE IN WHICH SUCH INQUIRY DOES NOT
14 ESTABLISH THAT THE RECIPIENT REMAINS A RESIDENT OF THE
15 COMMONWEALTH, HIS AID SHALL BE TERMINATED AFTER PROVIDING
16 APPROPRIATE TIMELY AND ADEQUATE NOTICE OF SUCH INTENDED ACTION. <--
17 IF A RECIPIENT IS PREVENTED BY ILLNESS OR OTHER GOOD CAUSE
18 FROM RETURNING TO THE COMMONWEALTH AT THE END OF SIXTY DAYS, AND
19 HAS NOT ACTED TO ESTABLISH RESIDENCE ELSEWHERE, HE SHALL NOT BE
20 DEEMED TO HAVE LOST HIS RESIDENCE IN THE COMMONWEALTH.
21 WHEN A RECIPIENT OF AID TO FAMILIES WITH DEPENDENT CHILDREN
22 OR GENERAL ASSISTANCE IS ABSENT FROM THE UNITED STATES FOR A
23 PERIOD IN EXCESS OF THIRTY DAYS, HIS AID SHALL THEREAFTER BE
24 SUSPENDED WHENEVER NEED CANNOT BE DETERMINED FOR THE ENSUING
25 PERIOD OF HIS ABSENCE.
26 IT IS NOT THE INTENT OF THE GENERAL ASSEMBLY, HOWEVER, IN
27 ENACTING THIS SECTION TO CREATE ANY DURATIONAL RESIDENCE
28 REQUIREMENT.
29 SECTION 432.5. LIMITS ON PROPERTY HOLDINGS.--(A) REAL AND
30 PERSONAL PROPERTY WHICH AN APPLICANT OR RECIPIENT OWNS OR IN
19750H0694B3269 - 12 -
1 WHICH HE HAS AN INTEREST ARE RESOURCES WHICH MUST BE CONSIDERED
2 IN DETERMINING INITIAL AND CONTINUOUS ELIGIBILITY FOR
3 ASSISTANCE, SUBJECT TO THE LIMITATIONS AND EXCEPTIONS
4 HEREINAFTER PROSCRIBED.
5 (B) AN APPLICANT OR RECIPIENT MAY RETAIN REAL PROPERTY OWNED
6 BY HIM, OR IN CONJUNCTION WITH ANY OTHER PERSON WITHOUT
7 REFERENCE TO ITS VALUE IF SUCH REAL PROPERTY SERVES AS THE HOME
8 OF SUCH APPLICANT OR RECIPIENT.
9 (C) PERSONAL PROPERTY IN EXCESS OF ONE THOUSAND DOLLARS <--
10 ($1,000) PER A COMBINED AMOUNT OF TWO HUNDRED FIFTY DOLLARS
11 ($250) FOR THE FIRST PERSON IN THE ASSISTANCE UNIT AND ONE
12 HUNDRED DOLLARS ($100) FOR EACH ADDITIONAL PERSON IN THE
13 ASSISTANCE UNIT SHALL BE CONSIDERED AN AVAILABLE RESOURCE EXCEPT
14 AS FOLLOWS:
15 (1) WEDDING AND ENGAGEMENT RINGS, FAMILY HEIRLOOMS, CLOTHING
16 AND CHILDREN'S TOYS.
17 (2) HOUSEHOLD FURNISHINGS, PERSONAL EFFECTS AND OTHER ITEMS <--
18 USED TO PROVIDE, EQUIP, AND MAINTAIN A HOUSEHOLD FOR THE
19 APPLICANT AND RECIPIENT.
20 (3) EQUIPMENT AND MATERIAL WHICH ARE NECESSARY TO IMPLEMENT
21 EMPLOYMENT, REHABILITATION, OR SELF CARE PLAN FOR THE APPLICANT
22 OR RECIPIENT.
23 (4) ONE MOTOR VEHICLE. ANY ADDITIONAL VEHICLES MAY BE <--
24 INCLUDED AS EQUIPMENT NECESSARY TO IMPLEMENT EMPLOYMENT,
25 REHABILITATION OR A SELF CARE PLAN FOR THE APPLICANT OR
26 RECIPIENT.
27 (4) MOTOR VEHICLES. <--
28 (5) UP TO FIFTY DOLLARS ($50) CASH ON HAND AT THE TIME OF <--
29 APPLICATION AND SAVINGS SAVINGS OF SCHOOL CHILDREN UP TO TWO
30 THOUSAND DOLLARS ($2,000) FOR EACH CHILD.
19750H0694B3269 - 13 -
1 (6) RETROACTIVE ASSISTANCE PAYMENTS RECEIVED AS A RESULT OF
2 A PREHEARING CONFERENCE OR A FAIR HEARING DECISION.
3 (7) LIFE INSURANCE WITH A CASH VALUE NOT IN EXCESS OF FIVE <--
4 HUNDRED DOLLARS ($500). ONE THOUSAND DOLLARS ($1,000). <--
5 (D) IN THE CASE OF ANY NONRESIDENT REAL PROPERTY, THE
6 APPLICANT OR RECIPIENT MUST TAKE ADEQUATE STEPS TO OFFER SUCH
7 PROPERTY FOR SALE ON THE OPEN MARKET, CONVERT IT TO CASH, WITH
8 SUCH SUMS BEING CONSIDERED AN AVAILABLE RESOURCE. THE APPLICANT
9 OR RECIPIENT SHALL ACKNOWLEDGE THE LIABILITY OF THE PROPERTY FOR
10 REIMBURSEMENT.
11 (E) WITH THE EXCEPTION OF THE ITEMS OF PERSONAL PROPERTY IN
12 SUBSECTION (C) PERSONAL PROPERTY SHALL BE CONSIDERED IMMEDIATELY
13 CONVERTIBLE TO CASH AND AVAILABLE TO MEET CURRENT LIVING
14 EXPENSES. WHERE SUCH PERSONAL PROPERTY CANNOT BE READILY
15 CONVERTED INTO CASH, OR WHERE IT IS IN THE FORM OF A FROZEN
16 ASSET, ELIGIBILITY CRITERIA SHALL BE MET PROVIDED THAT THE OWNER
17 TAKE ADEQUATE STEPS TO CONVERT THE PROPERTY INTO CASH, OFFERING
18 SUCH PERSONAL PROPERTY FOR SALE ON THE OPEN MARKET, AND
19 ACKNOWLEDGING THE LIABILITY OF THE PROPERTY FOR REIMBURSEMENT.
20 (F) WHERE AID HAS BEEN RECEIVED IN GOOD FAITH, BUT THE
21 RECIPIENT IN FACT OWNS EXCESS PROPERTY OR HAS NOT MET THE
22 REQUIREMENTS OF SUBSECTIONS (C), (D) AND (E), SUCH RECIPIENT
23 SHALL BE CONSIDERED TO HAVE BEEN INELIGIBLE FOR ASSISTANCE
24 DURING THE PERIOD FOR WHICH ANY EXCESS PROPERTY WOULD HAVE
25 SUPPORTED HIM AT THE RATE OF THE ASSISTANCE GRANTED TO HIM. IN
26 SUCH CASE, SUBJECT TO THE PROVISIONS OF SECTION 432.16, <--
27 RECIPIENT SHALL REPAY THE AMOUNT OF ASSISTANCE RECEIVED DURING
28 SUCH PERIOD OF INELIGIBILITY.
29 SECTION 432.6. SUPPORT FROM LEGALLY RESPONSIBLE RELATIVES.--
30 (A) EVERY APPLICANT FOR ASSISTANCE WHOSE ELIGIBILITY IS BASED ON
19750H0694B3269 - 14 -
1 DEPRIVATION DUE TO ABSENCE OF A PARENT FROM A HOME SHALL BE
2 REFERRED WITHIN TEN DAYS FOR INTERVIEW TO THE DESIGNATED SUPPORT
3 OFFICIAL OF THE DEPARTMENT WHO SHALL BE STATIONED IN LOCAL
4 WELFARE OFFICES, UNLESS SUCH OFFICES HAVE TOO FEW APPLICANTS TO
5 WARRANT PERMANENT STATIONING. THE DEPARTMENT SHALL BE
6 RESPONSIBLE FOR TAKING ALL STEPS NECESSARY TO IDENTIFY, LOCATE,
7 AND OBTAIN SUPPORT PAYMENTS FROM ABSENT PARENTS.
8 (B) THE DEPARTMENT SHALL ESTABLISH A SCALE OF SUGGESTED
9 MINIMUM CONTRIBUTIONS TO ASSIST COURTS IN DETERMINING THE AMOUNT
10 THAT AN ABSENT PARENT SHOULD BE EXPECTED TO PAY TOWARDS THE
11 SUPPORT OF A DEPENDENT CHILD. THE SCALE SHALL INCLUDE
12 CONSIDERATION OF GROSS INCOME, SHALL AUTHORIZE EXPENSE
13 DEDUCTIONS, INCLUDING DEDUCTIONS FOR TAXES, FOR DETERMINING NET
14 INCOME, SHALL DESIGNATE OTHER AVAILABLE RESOURCES TO BE
15 CONSIDERED AND SHALL SPECIFY THE CIRCUMSTANCES WHICH SHOULD BE
16 CONSIDERED IN REDUCING LIABILITY ON THE BASIS OF HARDSHIP.
17 COPIES OF THIS SCALE SHALL BE MADE AVAILABLE TO COURTS, DISTRICT
18 ATTORNEYS AND TO THE PUBLIC. IT IS INTENDED THAT THE SCALE
19 FORMULATED PURSUANT TO THIS SECTION SHOULD BE OPTIONAL.
20 (C) FAILURE OF THE ABSENT PARENT TO COMPLY WITH HIS SUPPORT
21 OBLIGATIONS SHALL BE REFERRED TO THE COURT HAVING JURISDICTION
22 OF THIS MATTER FOR APPROPRIATE PROCEEDINGS.
23 (D) EFFECTIVE JANUARY 1, 1977, "LEGALLY RESPONSIBLE <--
24 RELATIVE" MEANS SPOUSES AND THE PARENT FOR AN UNEMANCIPATED
25 MINOR CHILD.
26 SECTION 432.8. PUBLIC WELFARE COOPERATIVE SUPPORT PROGRAM <--
27 FUND.--THERE IS HEREBY CREATED IN THE STATE TREASURY A REVOLVING
28 FUND TO BE DESIGNATED AS THE "PUBLIC WELFARE COOPERATIVE SUPPORT
29 PROGRAM FUND" WHICH SHALL BE USED BY THE DEPARTMENT IN CARRYING
30 OUT THE PURPOSES SPECIFIED IN SECTION 432.9. ALL MONEYS IN SAID
19750H0694B3269 - 15 -
1 FUND FROM TIME TO TIME ARE HEREBY APPROPRIATED TO THE DEPARTMENT
2 FOR SUCH PURPOSES AND SHALL BE PAID WITHOUT FURTHER
3 APPROPRIATION UNDER REQUISITION AND WARRANT DRAWN ON THE STATE
4 TREASURER IN THE USUAL MANNER.
5 SECTION 432.9. COOPERATIVE SUPPORT PROGRAM AGREEMENT.--(A)
6 THE DEPARTMENT OF PUBLIC WELFARE IS HEREBY AUTHORIZED AND
7 EMPOWERED TO ENTER INTO AGREEMENTS WITH COUNTY COMMISSIONERS OR
8 APPROPRIATE COURTS OR LAW ENFORCEMENT OFFICIALS OF THE
9 COMMONWEALTH TO REIMBURSE THE CONTRACTING UNIT FOR A PORTION OF
10 THE COST OF DEVELOPING AND IMPLEMENTING AN IMPROVED DOMESTIC
11 RELATIONS DIVISION PROGRAM:
12 (1) FOR SECURING SUPPORT FOR PERSONS RECEIVING STATE PUBLIC
13 ASSISTANCE AND REIMBURSEMENT FROM THE LEGALLY RESPONSIBLE
14 RELATIVES OF SUCH ASSISTANCE RECIPIENTS;
15 (2) FOR ESTABLISHING PATERNITY OF CHILDREN BORN OUT OF
16 WEDLOCK WHO ARE RECEIVING AID TO FAMILIES WITH DEPENDENT
17 CHILDREN AND TO SECURE SUPPORT FOR THEM; AND
18 (3) IN THE CASE OF ANY CHILD OR OTHER PERSON RECEIVING AID
19 TO FAMILIES WITH DEPENDENT CHILDREN WHO IS DESERTED OR ABANDONED
20 BY A PARENT OR SPOUSE (I) FOR PROVIDING COUNSELING SERVICES TO
21 REUNITE AND REHABILITATE THE FAMILIES INVOLVED; (II) FOR
22 SECURING SUPPORT FOR SUCH RECIPIENTS OF PUBLIC AID; AND (III)
23 FOR SUCH ADDITIONAL MEASURES FOR THE PROTECTION OF THE PERSONS
24 AND FAMILIES OF PERSONS RECEIVING AID TO FAMILIES WITH DEPENDENT
25 CHILDREN, AND THE PUBLIC WHICH THE DEPARTMENT AND THE OTHER
26 CONTRACTING PARTIES MAY FIND DESIRABLE TO UNDERTAKE
27 COOPERATIVELY.
28 FISCAL INCENTIVE WILL BE PROVIDED TO THE CONTRACTING UNIT IN
29 ACCORDANCE WITH FEDERAL REGULATIONS. EACH CONTRACTING UNIT SHALL
30 ENTER INTO AN ENFORCEMENT AGREEMENT WITH THE DEPARTMENT AS A
19750H0694B3269 - 16 -
1 CONDITION OF RECEIVING THE FISCAL INCENTIVE.
2 (B) IN ANY COOPERATIVE SUPPORT PROGRAM AGREEMENT ENTERED
3 INTO PURSUANT TO THIS SECTION, THE DEPARTMENT, SUBJECT TO
4 GENERAL CONDITIONS ADOPTED AND STATED IN THE AGREEMENT BY THE
5 DEPARTMENT TO COMPLY WITH STATE AND FEDERAL LAW AND REGULATIONS
6 AND WHICH WILL REASONABLY ACHIEVE THE OBJECTIVES OF THIS SECTION
7 AND MADE APPLICABLE TO ALL CONTRACTING COUNTIES, SHALL AGREE TO
8 REIMBURSE THE CONTRACTING UNIT TO THE EXTENT PERMITTED BY
9 FEDERAL REGULATIONS FOR ADMINISTRATIVE EXPENDITURES AND IN
10 ACCORDANCE WITH STATE REGULATIONS, COSTS INCURRED DURING THE
11 PERIOD OF THE AGREEMENT.
12 (C) THE CONTRACTING UNIT MUST MAINTAIN ITS PREAGREEMENT
13 FISCAL EFFORT RELATIVE TO THE SUPPORT ENFORCEMENT OPERATIONS OF
14 THE DOMESTIC RELATIONS DIVISION AND/OR THE PROBATION OFFICE OF
15 THE COURT IN PROCESSING PATERNITY, DESERTION AND NONSUPPORT
16 CASES IN THE CONTRACTING COUNTY.
17 SECTION 432.7. DETERMINATION OF PATERNITY AND ENFORCEMENT OF <--
18 SUPPORT OBLIGATIONS.--IN ACCORDANCE WITH A CHILD SUPPORT PLAN
19 APPROVED BY THE FEDERAL GOVERNMENT, THE DEPARTMENT SHALL HAVE
20 THE POWER AND ITS DUTY SHALL BE TO:
21 (A) REQUIRE AS A CONDITION OF ELIGIBILITY FOR ASSISTANCE
22 THAT THE APPLICANT OR RECIPIENT:
23 (1) FURNISH HIS SOCIAL SECURITY ACCOUNT NUMBER OR TO THE
24 EXTENT PERMITTED BY FEDERAL LAW, PROOF OF MAKING APPLICATION FOR
25 A SOCIAL SECURITY ACCOUNT NUMBER IF THE APPLICANT OR RECIPIENT
26 HAS NO SOCIAL SECURITY ACCOUNT NUMBER.
27 (2) ASSIGN TO THE DEPARTMENT ON FORMS PROVIDED BY THE
28 DEPARTMENT SUCH SUPPORT RIGHTS AS THE APPLICANT OR RECIPIENT MAY
29 HAVE IN HIS OWN BEHALF OR ON BEHALF OF ANY FAMILY MEMBER WHO IS
30 A PART OF THE ASSISTANCE UNIT.
19750H0694B3269 - 17 -
1 (3) COOPERATE WITH THE DEPARTMENT IN ESTABLISHING THE
2 PATERNITY OF A CHILD BORN OUT OF WEDLOCK WITH RESPECT TO WHOM
3 ASSISTANCE IS CLAIMED, EXCEPT WHEN SUCH COOPERATION WOULD NOT BE
4 IN THE BEST INTEREST OF THE CHILD IN ACCORDANCE WITH STANDARDS
5 DEVELOPED BY THE DEPARTMENT CONSISTENT WITH FEDERAL REGULATIONS.
6 (4) COOPERATE IN OBTAINING SUPPORT PAYMENTS FOR SUCH
7 APPLICANT OR RECIPIENT AND FOR A CHILD WITH RESPECT TO WHOM SUCH
8 AID IS CLAIMED OR IN OBTAINING ANY OTHER PAYMENT OR PROPERTY DUE
9 SUCH APPLICANT, RECIPIENT OR SUCH CHILD, EXCEPT WHEN SUCH
10 COOPERATION WOULD NOT BE IN THE BEST INTEREST OF THE CHILD IN
11 ACCORDANCE WITH STANDARDS DEVELOPED BY THE DEPARTMENT CONSISTENT
12 WITH FEDERAL REGULATIONS.
13 (B) PROVIDE FOR PROTECTIVE PAYMENTS FOR ANY CHILD ELIGIBLE
14 FOR ASSISTANCE WHEN A CARETAKER RELATIVE IS INELIGIBLE DUE TO
15 THE CARETAKER RELATIVE'S FAILURE TO COMPLY WITH EITHER CLAUSE
16 (2), (3) OR (4) OF SUBSECTION (A).
17 (C) PROVIDE THAT IN ANY CASE IN WHICH THE CHILD SUPPORT
18 PAYMENTS ARE COLLECTED FOR A CHILD WITH RESPECT TO WHOM AN
19 ASSIGNMENT HAS BEEN MADE PURSUANT TO CLAUSE (2) OF SUBSECTION
20 (A), SUCH PAYMENT SHALL BE MADE TO THE DEPARTMENT FOR
21 DISTRIBUTION PURSUANT TO SUBSECTION (G) EXCEPT FOR THOSE
22 PAYMENTS MADE FOR ANY MONTH IN WHICH THE AMOUNT COLLECTED IS
23 SUFFICIENT TO MAKE SUCH FAMILY INELIGIBLE FOR ASSISTANCE.
24 WHENEVER A FAMILY FOR WHOM CHILD SUPPORT PAYMENTS HAVE BEEN
25 COLLECTED AND DISTRIBUTED CEASES TO RECEIVE ASSISTANCE, THE
26 DEPARTMENT MAY CONTINUE TO COLLECT SUCH SUPPORT PAYMENTS FROM
27 THE LEGALLY RESPONSIBLE RELATIVE FOR A PERIOD NOT TO EXCEED
28 THREE MONTHS FROM THE MONTH FOLLOWING THE MONTH IN WHICH SUCH
29 FAMILIES CEASED TO RECEIVE ASSISTANCE AND PAY ALL AMOUNTS SO
30 COLLECTED TO THE FAMILY AND AT THE END OF SUCH THREE-MONTH
19750H0694B3269 - 18 -
1 PERIOD, IF SPECIFICALLY AUTHORIZED BY THE INDIVIDUAL ON WHOSE
2 BEHALF THE COLLECTION WILL BE MADE, CONTINUE TO COLLECT SUCH
3 SUPPORT PAYMENTS FROM THE LEGALLY RESPONSIBLE RELATIVE AND PAY
4 THE NET AMOUNT OF ANY AMOUNT SO COLLECTED TO THE FAMILY AFTER
5 DEDUCTING ANY COSTS INCURRED IN MAKING THE COLLECTION FROM THE
6 AMOUNT OF ANY RECOVERY MADE.
7 (D) CREATE A SINGLE AND SEPARATE ORGANIZATIONAL UNIT WHICH
8 SHALL BE RESPONSIBLE FOR DEVELOPING AND IMPLEMENTING, SUBJECT TO
9 THE APPROVAL OF THE SECRETARY, A FEDERALLY APPROVED STATE PLAN
10 FOR CHILD SUPPORT. THE UNIT SHALL MAINTAIN A PARENT LOCATOR
11 SERVICE TO LOCATE ABSENT LEGALLY RESPONSIBLE RELATIVES UTILIZING
12 ALL SOURCES OF INFORMATION AND LEGALLY AVAILABLE RECORDS AND THE
13 PARENT LOCATOR SERVICE OF THE FEDERAL GOVERNMENT.
14 (E) UNDERTAKE EITHER DIRECTLY OR PURSUANT TO COOPERATIVE
15 ARRANGEMENTS WITH APPROPRIATE COURTS OR LAW ENFORCEMENT
16 OFFICIALS (INCLUDING DOMESTIC RELATIONS OFFICES) TO :
17 (1) ESTABLISH PATERNITY OF CHILDREN BORN OUT OF WEDLOCK WITH
18 RESPECT TO WHOM AN ASSIGNMENT PURSUANT TO CLAUSE (2) OF
19 SUBSECTION (A) HAS BEEN MADE; AND
20 (2) SECURE SUPPORT FOR A CHILD WITH RESPECT TO WHOM SUCH AN
21 ASSIGNMENT HAS BEEN MADE FROM ANY LEGALLY RESPONSIBLE RELATIVE.
22 (F) MAKE AVAILABLE CHILD SUPPORT AND PATERNITY DETERMINATION
23 SERVICES TO ANY INDIVIDUAL NOT ELIGIBLE FOR ASSISTANCE TO THE
24 EXTENT REQUIRED BY FEDERAL LAW AND UPON APPLICATION SUBMITTED TO
25 THE DEPARTMENT ON FORMS PROVIDED BY THE DEPARTMENT, THE PAYMENT
26 OF ANY APPLICATION FEE ESTABLISHED BY THE DEPARTMENT AND THE
27 AGREEMENT TO PAY COSTS IN EXCESS OF THE FEE OUT OF ANY RECOVERY
28 MADE BY THE DEPARTMENT.
29 (G) PROVIDE FOR BONUS PAYMENTS TO RECIPIENTS CONSISTENT WITH
30 FEDERAL LAW FROM AMOUNTS COLLECTED PERIODICALLY WITHOUT ANY
19750H0694B3269 - 19 -
1 DECREASE IN THE AMOUNT OF ASSISTANCE.
2 (H) MAKE INCENTIVE PAYMENTS TO POLITICAL SUBDIVISIONS AND
3 OTHER STATES CONSISTENT WITH FEDERAL LAW WHENEVER THE POLITICAL
4 SUBDIVISION OR OTHER STATE ENFORCES OR COLLECTS SUPPORT RIGHTS
5 ASSIGNED TO THE DEPARTMENT PURSUANT TO CLAUSE (2) OF SUBSECTION
6 (A).
7 (I) CONSTRUE AND IMPLEMENT THIS SECTION IN ORDER TO COMPLY
8 WITH TITLE IV-D OF THE FEDERAL SOCIAL SECURITY ACT RELATING TO
9 CHILD SUPPORT AND THE ESTABLISHMENT OF PATERNITY. THE DEPARTMENT
10 SHALL TAKE ALL STEPS NECESSARY TO IMPLEMENT A FEDERALLY APPROVED
11 STATE PLAN FOR CHILD SUPPORT.
12 SECTION 432.8. GARNISHMENT OF WAGES OF COMMONWEALTH <--
13 EMPLOYES.--NOTWITHSTANDING ANY OTHER PROVISION OF LAW MONEYS DUE
14 FROM OR PAYABLE BY THE COMMONWEALTH OF PENNSYLVANIA (INCLUDING
15 ANY AGENCY, INSTRUMENTALITY OR AUTHORITY THEREOF) DUE TO ANY
16 INDIVIDUAL SHALL BE SUBJECT, IN LIKE MANNER AND TO THE SAME
17 EXTENT AS IF THE COMMONWEALTH OF PENNSYLVANIA WERE A PRIVATE
18 PERSON, TO LEGAL PROCESS BROUGHT FOR THE ENFORCEMENT AGAINST
19 SUCH INDIVIDUAL OF HIS LEGAL OBLIGATIONS TO PROVIDE SUPPORT FOR
20 A CHILD OR SPOUSE.
21 SECTION 432.9. CENTRAL REGISTRY.--(A) A CENTRAL REGISTRY OF
22 RECORDS SHALL BE MAINTAINED IN THE DEPARTMENT SHOWING, AS FAR AS
23 IT IS KNOWN, WITH RESPECT TO ANY PARENT WHO HAS DESERTED OR
24 ABANDONED ANY CHILD RECEIVING AID TO FAMILIES WITH DEPENDENT
25 CHILDREN:
26 (1) THE FULL AND TRUE NAME OF SUCH PARENT TOGETHER WITH ANY
27 KNOWN ALIASES;
28 (2) DATE AND PLACE OF BIRTH;
29 (3) PHYSICAL DESCRIPTION;
30 (4) SOCIAL SECURITY NUMBER;
19750H0694B3269 - 20 -
1 (5) OCCUPATION AND ANY SPECIAL SKILLS HE MAY HAVE;
2 (6) MILITARY STATUS AND VETERANS' ADMINISTRATION OR MILITARY
3 SERVICE SERIAL NUMBER;
4 (7) LAST KNOWN ADDRESS AND THE DATE THEREOF;
5 (8) THE NUMBER OF THE DRIVER'S LICENSE; AND
6 (9) ANY FURTHER INFORMATION THAT MAY BE OF ASSISTANCE IN
7 LOCATING THE PERSON.
8 (B) TO EFFECTUATE THE PURPOSES OF THIS SECTION, THE
9 DEPARTMENT MAY REQUEST AND SHALL RECEIVE FROM ALL DEPARTMENTS,
10 BUREAUS, BOARDS OR OTHER AGENCIES OF THIS COMMONWEALTH, OR ANY
11 OF ITS POLITICAL SUBDIVISIONS, AND THE SAME ARE AUTHORIZED TO
12 PROVIDE, SUCH ASSISTANCE AND DATA EXCEPT TAX RECORDS AS WILL
13 ENABLE THE DEPARTMENT AND OTHER PUBLIC AGENCIES TO CARRY OUT
14 THEIR DUTIES TO LOCATE ABSENT PARENTS FOR THE SUPPORT OF THEIR
15 CHILDREN. THE DEPARTMENT SHALL UTILIZE THE "PARENT LOCATOR
16 SERVICE" PURSUANT TO ESTABLISHMENT IN THE DEPARTMENT OF HEALTH,
17 EDUCATION AND WELFARE BY FILING IN ACCORDANCE WITH SECTION
18 453(B) OF THE SOCIAL SECURITY ACT.
19 (C) ANY RECORDS ESTABLISHED PURSUANT TO THE PROVISIONS OF
20 THIS SECTION SHALL BE AVAILABLE ONLY TO PUBLIC WELFARE OFFICES,
21 DISTRICT ATTORNEYS, PROBATION DEPARTMENTS, CENTRAL REGISTRIES IN
22 OTHER STATES, AND COURTS HAVING JURISDICTION IN SUPPORT OR
23 ABANDONMENT PROCEEDINGS OR ACTION AND ONLY FOR THE PURPOSES FOR
24 WHICH THE RECORDS HAVE BEEN ESTABLISHED.
25 SECTION 432.10. MAXIMUM WITHHOLDING EXEMPTIONS.--AN EMPLOYED
26 APPLICANT OR RECIPIENT SHALL BE CONSIDERED TO BE CLAIMING THE
27 MAXIMUM NUMBER OF EXEMPTIONS FOR FEDERAL INCOME TAX PURPOSES TO
28 WHICH HE IS ENTITLED UNDER FEDERAL LAW AND ANY EARNED INCOME
29 SHALL BE COMPUTED ACCORDINGLY. THE DEPARTMENT SHALL MAINTAIN
30 TABLES INDICATING THE AMOUNT OF WITHHOLDING FOR VARIOUS NUMBERS
19750H0694B3269 - 21 -
1 OF DEPENDENTS AND VARIOUS INCOME LEVELS. THE DEPARTMENT SHALL
2 BASE ASSISTANCE ON THE MAXIMUM NUMBER OF EXEMPTIONS TO WHICH THE
3 APPLICANT OR RECIPIENT IS ENTITLED. THIS DETERMINATION SHALL BE
4 MADE AT THE TIME OF APPLICATION, AT THE PERIODIC REDETERMINATION
5 OF ELIGIBILITY AND WHEN CHANGES IN A RECIPIENT'S CIRCUMSTANCES
6 REQUIRE THAT THE AMOUNT OF ASSISTANCE BE REDETERMINED.
7 SECTION 432.11. ACCESS TO STATE RECORDS.--(A) THE SECRETARY
8 OR HIS DESIGNEES IN WRITING SHALL HAVE ACCESS TO ALL RECORDS
9 OTHER THAN TAX RECORDS, AND THE DEPARTMENT, IN COOPERATION WITH
10 ALL OTHER DEPARTMENTS OF THE EXECUTIVE BRANCH, SHALL ESTABLISH A
11 SINGLE UNIFORM SYSTEM OF INFORMATION CLEARANCE AND RETRIEVAL.
12 (B) THE BUREAU OF EMPLOYMENT SECURITY SHALL PROVIDE THE
13 DEPARTMENT WITH A STATEMENT OF EARNINGS CLEARANCE UPON THE
14 REQUEST OF THE DEPARTMENT.
15 (C) UPON REQUEST OF THE DEPARTMENT, THE BUREAU OF MOTOR
16 VEHICLES SHALL PROVIDE INFORMATION AS TO ALL VEHICLES OWNED BY
17 THE APPLICANT OR RECIPIENT.
18 (D) WITH THE EXCEPTION OF THE ACCESS PROVIDED BY SUBSECTIONS <--
19 (B) AND (C), THE PROVISIONS OF SUBSECTION (A) SHALL NOT BE
20 CONSTRUED TO GIVE THE SECRETARY OR HIS DESIGNEE ACCESS TO
21 INFORMATION WHICH WOULD OTHERWISE BE DEEMED PRIVILEGED OR
22 CONFIDENTIAL PURSUANT TO STATE OR FEDERAL LAW.
23 SECTION 432.12. DETERMINATION OF INCOME.--(A) IN ACCORDANCE
24 WITH FEDERAL LAW AND REGULATIONS THE DEPARTMENT SHALL, IN
25 DETERMINING NEED, TAKE INTO CONSIDERATION THE INCOME, NOT <--
26 INCLUDING THAT AMOUNT EQUAL TO THE EXPENSES REASONABLY
27 ATTRIBUTABLE TO THE EARNING OF INCOME, OF ALL MEMBERS OF THE
28 ASSISTANCE UNIT WHO ARE FOURTEEN YEARS OF AGE OR OLDER. FOR AID <--
29 TO FAMILIES WITH DEPENDENT CHILDREN, TAKE INTO CONSIDERATION THE
30 INCOME, EXCLUDING THAT AMOUNT EQUAL TO THE EXPENSES REASONABLY
19750H0694B3269 - 22 -
1 ATTRIBUTABLE TO THE EARNING OF INCOME, OF ALL MEMBERS OF THE
2 ASSISTANCE UNIT WHO ARE FOURTEEN YEARS OF AGE OR OLDER.
3 IN DETERMINING NEED FOR GENERAL ASSISTANCE, THE DEPARTMENT
4 SHALL TAKE INTO CONSIDERATION ALL INCOME, EXCLUDING THAT AMOUNT
5 EQUAL TO THE EXPENSES REASONABLY ATTRIBUTABLE TO THE EARNING OF
6 INCOME UP TO TWENTY-FIVE DOLLARS ($25) PER MONTH, OF ALL MEMBERS
7 OF THE ASSISTANCE UNIT WHO ARE FOURTEEN YEARS OF AGE OR OLDER.
8 IN ADDITION TO SAID WORK RELATED EXPENSES, THE FIRST TWENTY
9 DOLLARS ($20) PLUS FIFTY PERCENT OF THE NEXT SIXTY DOLLARS ($60)
10 SHALL BE DEDUCTED FROM THE GROSS MONTHLY WAGES OF EACH EMPLOYED
11 RECIPIENT OF GENERAL ASSISTANCE. THE GENERAL ASSISTANCE GRANT
12 SHALL BE COMPUTED ON THE REMAINDER.
13 (B) INCOME AS USED IN SUBSECTION (A) INCLUDES BENEFITS IN
14 CASH OR IN KIND (OTHER THAN THE RENTAL VALUE OF LIVING <--
15 ACCOMMODATIONS), AS DEFINED BY THE DEPARTMENT IN ACCORDANCE WITH
16 FEDERAL LAW AND REGULATIONS.
17 (C) TO BE CONSIDERED IN ESTABLISHING FINANCIAL ELIGIBILITY
18 AND THE AMOUNT OF THE ASSISTANCE PAYMENT, INCOME MUST BE
19 ACTUALLY AVAILABLE FOR CURRENT USE BY THE APPLICANT OR
20 RECIPIENT. IN ACCORDANCE WITH FEDERAL LAW AND REGULATIONS, THE
21 APPLICANT OR RECIPIENT SHALL, HOWEVER, AS A NECESSARY CONDITION
22 OF ELIGIBILITY:
23 (1) PROVIDE ALL INFORMATION NECESSARY TO INCOME
24 DETERMINATION; AND
25 (2) TAKE ALL ACTIONS NECESSARY TO OBTAIN UNCONDITIONALLY
26 AVAILABLE INCOME INCLUDING APPLYING FOR UNEMPLOYMENT
27 COMPENSATION TO THE EXTENT PERMITTED BY FEDERAL LAW. INCOME
28 SHALL BE CONSIDERED UNCONDITIONALLY AVAILABLE IF THE APPLICANT
29 OR RECIPIENT HAS ONLY TO CLAIM OR ACCEPT SUCH INCOME, INCLUDING
30 ANY TYPE OF GOVERNMENTAL BENEFITS, SOCIAL INSURANCE, PRIVATE
19750H0694B3269 - 23 -
1 PENSION OR BENEFITS PLAN, OR OFFERS OF PRIVATE CONTRIBUTIONS,
2 INCLUDING CONTRIBUTIONS FROM RELATIVES NOT IN THE NATURE OF
3 DISASTER RELIEF.
4 SECTION 432.13. INCOME AVERAGING.--FOR PURPOSES OF
5 DETERMINING ELIGIBILITY FOR ASSISTANCE, THE INCOME OF ANY PERSON
6 UNDER A CONTRACT OF EMPLOYMENT ON AN ANNUAL BASIS WHO WORKS AND
7 RECEIVES INCOME FROM SUCH CONTRACT IN FEWER THAN TWELVE MONTHS,
8 BUT MORE THAN EIGHT MONTHS, SHALL BE PRORATED OVER THE PERIOD OF
9 THE CONTRACT. THIS PROVISION SHALL APPLY ONLY TO SUCH PERSONS
10 WHOSE ANNUAL INCOME, WHEN AVERAGED OVER A TWELVE-MONTH PERIOD,
11 IS EXPECTED TO BE IN EXCESS OF THAT SET FORTH IN THE MINIMUM
12 BASIC STANDARDS OF ADEQUATE CARE FOR THE APPROPRIATE NUMBER OF
13 PERSONS DEPENDENT UPON SUCH INCOME.
14 SECTION 432.14. REPORTING RESPONSIBILITY.--(A) IT SHALL BE
15 THE DUTY OF THE DEPARTMENT TO INSURE THAT EVERY APPLICANT FOR,
16 OR RECIPIENT OF, ASSISTANCE BE NOTIFIED NOT LESS FREQUENTLY THAN
17 SEMIANNUALLY AS TO THE PROVISIONS OF ELIGIBILITY AND HIS
18 RESPONSIBILITY FOR REPORTING INFORMATION CONCERNING CHANGES IN
19 CIRCUMSTANCES WHICH MAY AFFECT THE AMOUNT OF GRANT. AFTER SUCH
20 NOTIFICATION HAS BEEN PROVIDED, THE DEPARTMENT SHALL REQUIRE THE
21 RECIPIENT TO FORMALLY ACKNOWLEDGE, ON A FORM PRESCRIBED FOR SUCH
22 PURPOSE, THAT THE PROVISIONS OF ELIGIBILITY AND REPORTING
23 OBLIGATIONS HAVE BEEN EXPLAINED TO HIM AND WERE UNDERSTOOD.
24 (B) EACH APPLICANT FOR OR RECIPIENT OR PAYEE OF SUCH
25 ASSISTANCE SHALL BE RESPONSIBLE FOR REPORTING ACCURATELY AND
26 WITHIN A REASONABLE SPECIFIED PERIOD THOSE FACTS REQUIRED OF HIM
27 PURSUANT TO THE EXPLANATION PROVIDED BY THE DEPARTMENT.
28 SECTION 432.15. QUARTERLY EARNINGS DETERMINATION.--THE
29 DEPARTMENT SHALL TRANSMIT TO THE BUREAU OF EMPLOYMENT SECURITY
30 THE SOCIAL SECURITY NUMBER OF ALL PERSONS OVER SIXTEEN YEARS OF
19750H0694B3269 - 24 -
1 AGE WHO RECEIVE ASSISTANCE DURING THE SECOND PRIOR QUARTER. THE
2 BUREAU OF EMPLOYMENT SECURITY SHALL DETERMINE THE AMOUNT OF
3 WAGES REPORTED BY EMPLOYERS FOR THE AMOUNT OF UNEMPLOYMENT
4 COMPENSATION INSURANCE BENEFITS WHICH HAVE BEEN PAID DURING THE
5 SECOND AND THIRD PRIOR QUARTERS TO PERSONS WITH THOSE SOCIAL
6 SECURITY NUMBERS AND SHALL RETURN SUCH INFORMATION, INCLUDING
7 ZERO WAGE REPORTS TO THE DEPARTMENT. THE DEPARTMENT SHALL
8 COMPARE SUCH WAGE REPORTS WITH EARNINGS REPORTED BY RECIPIENTS,
9 TAKE PROMPT ACTION TO RESOLVE DISCREPANCIES, AND SHALL REFER
10 PROMPTLY FOR INVESTIGATION ANY CASES OF SUSPECTED FRAUD.
11 SECTION 432.16. RECOUPMENT OF PRIOR OVERPAYMENTS AND
12 RETROACTIVE CORRECTION OF UNDERPAYMENTS.--(A) IN ACCORDANCE WITH
13 FEDERAL LAW AND REGULATIONS, THE DEPARTMENT SHALL ESTABLISH
14 PROCEDURES FOR RECOUPMENT OF PRIOR OVERPAYMENTS CAUSED BY THE
15 RECIPIENT'S WILLFUL WITHHOLDING OF INFORMATION CONCERNING HIS
16 INCOME, RESOURCES, OR OTHER CIRCUMSTANCES WHICH MAY AFFECT THE
17 AMOUNT OF PAYMENT, PROVIDED THAT:
18 (1) THE AMOUNT OF OVERPAYMENTS RECOUPED SHALL BE LIMITED TO
19 OVERPAYMENTS MADE DURING THE TWELVE MONTHS PRECEDING THE MONTH
20 IN WHICH THE OVERPAYMENT WAS DISCOVERED: PROVIDED, HOWEVER, THAT <--
21 WHERE THE OVERPAYMENT WAS CAUSED BY THE RECIPIENT'S WILFULL
22 WITHHOLDING OF INFORMATION REGARDING HIS INCOME OR RESOURCES,
23 RECOUPMENT SHALL BE PERMITTED FOR OVERPAYMENTS MADE DURING THE
24 TWENTY-FOUR MONTHS PRECEDING THE MONTH IN WHICH THE OVERPAYMENT
25 WAS DISCOVERED.
26 (2) THE RECOUPMENT OF OVERPAYMENTS MAY BE MADE (I) FROM
27 INCOME OR RESOURCES, EXCLUSIVE OF THE CURRENT ASSISTANCE
28 PAYMENT, WHICH ARE CURRENTLY AVAILABLE TO THE RECIPIENT IN THE
29 AMOUNT BY WHICH THE DEPARTMENT PROPOSES TO REDUCE PAYMENTS; OR
30 (II) FROM CURRENT ASSISTANCE PAYMENTS. IF RECOUPMENTS ARE MADE
19750H0694B3269 - 25 -
1 FROM CURRENT ASSISTANCE PAYMENTS, THE DEPARTMENT SHALL, ON A
2 CASE-BY-CASE BASIS, LIMIT THE PROPORTION OF SUCH PAYMENTS THAT
3 MAY BE DEDUCTED IN EACH CASE, SO AS NOT TO CAUSE UNDUE HARDSHIP
4 ON RECIPIENTS.
5 (3) IN NO EVENT, SHALL THE GRANT OF A NEEDY CHILD BE REDUCED
6 UNLESS THE PARENTS OR OTHER RESPONSIBLE PERSONS HAVE SUFFICIENT
7 AVAILABLE INCOME OR RESOURCES TO MEET THE NEEDS OF THE DEPENDENT
8 CHILD ACCORDING TO DEPARTMENT STANDARDS DURING THE PERIOD OF
9 REDUCTION.
10 (4) THE DEPARTMENT SHALL, PRIOR TO EFFECTING ANY REDUCTION
11 OF A CURRENT GRANT, ADVISE THE RECIPIENT OF THE PROPOSED
12 REDUCTION BY TIMELY AND ADEQUATE NOTICE.
13 (B) THE DEPARTMENT SHALL BE PERMITTED TO RECOUP OVERPAYMENTS
14 IN ACCORDANCE WITH THE PROVISIONS OF SUBSECTION (A) CONCURRENT
15 WITH A SUIT FOR RESTITUTION PROVIDED THAT THE EXTENT OF
16 LIABILITY FOR RESTITUTION SHALL BE REDUCED BY THE AMOUNT OF
17 OVERPAYMENTS RECOUPED.
18 (C) THE DEPARTMENT SHALL, IN ACCORDANCE WITH FEDERAL
19 REGULATIONS, ESTABLISH PROCEDURES FOR RETROACTIVE CORRECTION OF
20 UNDERPAYMENTS CAUSED BY ADMINISTRATIVE ERROR PROVIDED THAT:
21 (1) RETROACTIVE CORRECTIVE PAYMENTS SHALL BE LIMITED TO THE
22 TWELVE MONTHS PRECEDING THE MONTH IN WHICH THE UNDERPAYMENT
23 FIRST BECOMES KNOWN TO THE DEPARTMENT;
24 (2) RETROACTIVE PAYMENTS TO CORRECT IMPROPER DENIAL OF
25 ASSISTANCE SHALL BE MADE FOR UP TO TWELVE MONTHS PRIOR TO THE
26 MONTH IN WHICH THE ERROR FIRST BECOMES KNOWN TO THE DEPARTMENT,
27 BUT IN NO CASE EARLIER THAN THE DATE OF APPLICATION;
28 (3) FOR THE PURPOSES OF DETERMINING CONTINUED ELIGIBILITY
29 AND THE AMOUNT OF ASSISTANCE, SUCH RETROACTIVE CORRECTIVE
30 PAYMENTS SHALL NOT BE CONSIDERED AS INCOME OR AS A RESOURCE IN
19750H0694B3269 - 26 -
1 THE MONTH IN WHICH PAID NOR IN THE NEXT FOLLOWING MONTH; AND
2 (4) NO RETROACTIVE PAYMENT NEED BE MADE WHERE THE
3 ADMINISTRATIVE COST WOULD EXCEED THE AMOUNT OF SUCH PAYMENT.
4 SECTION 432.17. TIMELY AND ADEQUATE NOTICE DEFINED.--THE
5 DEPARTMENT SHALL PROVIDE TIMELY AND ADEQUATE NOTICE IN ALL CASES
6 OF INTENDED ACTION TO DISCONTINUE, TERMINATE, SUSPEND OR REDUCE
7 AN ASSISTANCE GRANT EXCEPT IN THOSE CASES WHERE ADEQUATE NOTICE
8 ALONE WOULD BE CONSISTENT WITH THE REQUIREMENTS OF FEDERAL LAW
9 OR REGULATION.
10 "TIMELY NOTICE" MEANS NOTICE WHICH IS MAILED AT LEAST TEN <--
11 DAYS BEFORE THE INTENDED CHANGE WOULD BE EFFECTIVE.
12 "ADEQUATE NOTICE" MEANS A WRITTEN NOTICE THAT INCLUDES A
13 STATEMENT OF WHAT ACTION THE AGENCY INTENDS TO TAKE, THE REASONS
14 FOR THE INTENDED ACTION, THE SPECIFIC REGULATIONS OR STATUTES
15 SUPPORTING SUCH ACTION, AN EXPLANATION OF THE INDIVIDUAL'S RIGHT
16 TO REQUEST AN EVIDENTIARY AND AN ADMINISTRATIVE HEARING ON THE
17 PROPRIETY OF THE INTENDED ACTION AND THE CIRCUMSTANCES UNDER
18 WHICH ASSISTANCE IS CONTINUED IF A HEARING IS REQUESTED.
19 ADEQUATE NOTICE SHALL BE SENT NOT LATER THAN THE DATE OF ACTION.
20 SECTION 432.18. ASSISTANCE PAYMENTS; LOST, STOLEN, DESTROYED
21 OR NOT RECEIVED.--IN THE EVENT THAT A RECIPIENT OF ASSISTANCE
22 DOES NOT RECEIVE AN ASSISTANCE CHECK, OR IF SUCH CHECK IS LOST,
23 STOLEN OR DESTROYED AFTER RECEIPT BUT BEFORE IT IS CASHED, THE
24 COUNTY OFFICE AFTER A PERIOD OF THREE DAYS MAY AUTHORIZE A ONE-
25 TIME GRANT FROM THE COUNTY DISBURSEMENT, PROVIDED THAT THE
26 FOLLOWING CONDITIONS ARE MET:
27 (1) THE RECIPIENT REPORTS THE NONRECEIPT OF THE CHECK, LOSS,
28 OR THEFT OF AN UNENDORSED CHECK OR DESTRUCTION OF AN ENDORSED
29 CHECK. THE REPORT OF A LOSS OR THEFT OF A CHECK SHALL BE
30 ACCOMPANIED BY A SWORN STATEMENT TO THAT EFFECT UNDER PENALTY OF
19750H0694B3269 - 27 -
1 FRAUD. THE COUNTY BOARD SHALL IMMEDIATELY STOP PAYMENT ON THE
2 CHECK AFTER RECEIPT OF ITS COPY OF THE SIGNED STATEMENT.
3 (2) THE CHECK WAS SENT TO THE RECIPIENT.
4 (3) THE RECIPIENT SHALL BE INSTRUCTED ON HIS LIABILITY,
5 SHOULD THE LOST, STOLEN, DESTROYED OR NONRECEIVED CHECK COME
6 INTO HIS POSSESSION, TO RETURN SUCH CHECK IMMEDIATELY TO THE
7 COUNTY OFFICE AND THAT CASHING OR ATTEMPTING TO CASH SUCH CHECK
8 CONSTITUTES FRAUD.
9 SECTION 437. REPORTS TO GENERAL ASSEMBLY.--TWO COPIES OF ALL
10 REPORTS REQUIRED BY THE NATIONAL CENTER FOR SOCIAL STATISTICS OF
11 THE DEPARTMENT OF HEALTH, EDUCATION AND WELFARE SHALL BE
12 FURNISHED TO THE SENATE PUBLIC HEALTH AND WELFARE COMMITTEE AND
13 THE HEALTH AND WELFARE COMMITTEE OF THE HOUSE OF REPRESENTATIVES
14 WHEN THEY ARE SUBMITTED TO THE FEDERAL GOVERNMENT. SIMILAR
15 REPORTS PREPARED CONCERNING GENERAL ASSISTANCE, THE STATE BLIND
16 PENSION AND STATE SUPPLEMENTAL ASSISTANCE SHALL BE SIMILARLY
17 FURNISHED TO THE COMMITTEES.
18 SECTION 441.2. MEDICAL ASSISTANCE ELIGIBILITY.--MEDICAL
19 ASSISTANCE SHALL NOT BE GRANTED TO OR IN BEHALF OF ANY PERSON
20 WHO DISPOSED OF HIS REAL OR PERSONAL PROPERTY, OF THE VALUE OF
21 FIVE HUNDRED DOLLARS ($500), OR MORE, WITHOUT FAIR
22 CONSIDERATION, WITHIN TWO YEARS IMMEDIATELY PRECEDING THE DATE
23 OF APPLICATION FOR MEDICAL ASSISTANCE UNLESS HE IS ELIGIBLE FOR
24 STATE SUPPLEMENTAL ASSISTANCE OR UNLESS HE CAN CLEARLY SHOW THAT
25 THE TRANSFER WAS NOT PRIMARILY FOR THE PURPOSE OF ACQUIRING OR
26 RETAINING ELIGIBILITY FOR ASSISTANCE.
27 SECTION 6. SECTION 443.1 OF THE ACT ADDED JULY 31, 1968 <--
28 (P.L.904, NO.273) AND CLAUSE (3) AMENDED OCTOBER 26, 1972
29 (P.L.1027, NO.252), IS AMENDED TO READ:
30 SECTION 443.1. MEDICAL ASSISTANCE PAYMENTS FOR INSTITUTIONAL
19750H0694B3269 - 28 -
1 CARE.--THE FOLLOWING MEDICAL ASSISTANCE PAYMENTS SHALL BE MADE
2 IN BEHALF OF ELIGIBLE PERSONS WHOSE INSTITUTIONAL CARE IS
3 PRESCRIBED BY PHYSICIANS:
4 (1) THE REASONABLE COST OF INPATIENT HOSPITAL CARE, AS
5 SPECIFIED BY REGULATIONS OF THE DEPARTMENT ADOPTED UNDER TITLE
6 XIX OF THE FEDERAL SOCIAL SECURITY ACT AND CERTIFIED TO THE
7 DEPARTMENT BY THE AUDITOR GENERAL[, FOR A MAXIMUM OF SIXTY DAYS
8 IN A BENEFIT PERIOD] FOR A BED PATIENT ON A CONTINUOUS TWENTY-
9 FOUR HOUR A DAY BASIS IN A MULTI-BED ACCOMMODATION OF A
10 HOSPITAL, EXCLUSIVE OF A HOSPITAL OR DISTINCT PART OF A HOSPITAL
11 WHEREIN TWENTY-FIVE PERCENT OF PATIENTS REMAIN SIX MONTHS OR
12 MORE. TO BE ELIGIBLE FOR SUCH PAYMENTS A HOSPITAL MUST BE
13 QUALIFIED TO PARTICIPATE UNDER TITLE XIX OF THE FEDERAL SOCIAL
14 SECURITY ACT AND HAVE ENTERED INTO A WRITTEN AGREEMENT WITH THE
15 DEPARTMENT REGARDING MATTERS DESIGNATED BY THE SECRETARY AS
16 NECESSARY TO EFFICIENT ADMINISTRATION, SUCH AS HOSPITAL
17 UTILIZATION, MAINTENANCE OF PROPER COST ACCOUNTING RECORDS AND
18 ACCESS TO PATIENTS' RECORDS. SUCH EFFICIENT ADMINISTRATION SHALL
19 REQUIRE THE DEPARTMENT TO PERMIT PARTICIPATING HOSPITALS TO
20 UTILIZE THE SAME FISCAL INTERMEDIARY FOR THIS TITLE XIX PROGRAM
21 AS SUCH HOSPITALS USE FOR THE TITLE XVIII PROGRAM;
22 (2) THE COST OF SKILLED NURSING [HOME] AND INTERMEDIATE
23 NURSING CARE IN STATE-OWNED GERIATRIC CENTERS, [AND]
24 INSTITUTIONS FOR THE MENTALLY RETARDED, INSTITUTIONS FOR THE
25 MENTALLY ILL, AND IN COUNTY HOMES WHICH MEET THE STATE AND
26 FEDERAL REQUIREMENTS FOR PARTICIPATION UNDER TITLE XIX OF THE
27 FEDERAL SOCIAL SECURITY ACT AND WHICH ARE APPROVED BY THE
28 DEPARTMENT. THIS COST IN COUNTY HOMES SHALL BE AS SPECIFIED BY
29 THE REGULATIONS OF THE DEPARTMENT ADOPTED UNDER TITLE XIX OF THE
30 FEDERAL SOCIAL SECURITY ACT AND CERTIFIED TO THE DEPARTMENT BY
19750H0694B3269 - 29 -
1 THE AUDITOR GENERAL; ELSEWHERE THE COST SHALL BE DETERMINED BY
2 THE DEPARTMENT;
3 (3) RATES ON A COST-RELATED BASIS ESTABLISHED BY THE
4 DEPARTMENT FOR SKILLED NURSING HOME OR INTERMEDIATE CARE IN A
5 NON-PUBLIC NURSING HOME, WHEN FURNISHED BY A NURSING HOME
6 LICENSED OR APPROVED BY THE DEPARTMENT AND QUALIFIED TO
7 PARTICIPATE UNDER TITLE XIX OF THE FEDERAL SOCIAL SECURITY ACT;
8 (4) THE COST OF CARE IN ANY MENTAL HOSPITAL OR IN A PUBLIC
9 TUBERCULOSIS HOSPITAL. TO BE ELIGIBLE FOR SUCH PAYMENTS A
10 HOSPITAL MUST BE QUALIFIED TO PARTICIPATE UNDER TITLE XIX OF THE
11 FEDERAL SOCIAL SECURITY ACT AND HAVE ENTERED INTO A WRITTEN
12 AGREEMENT WITH THE DEPARTMENT REGARDING MATTERS DESIGNATED BY
13 THE SECRETARY AS NECESSARY TO EFFICIENT ADMINISTRATION, SUCH AS
14 HOSPITAL UTILIZATION, MAINTENANCE OF PROPER COST ACCOUNTING
15 RECORDS AND ACCESS TO PATIENTS' RECORDS. CARE IN A PRIVATE
16 MENTAL HOSPITAL SHALL BE LIMITED TO SIXTY DAYS IN A BENEFIT
17 PERIOD. ONLY PERSONS AGED TWENTY-ONE YEARS OR UNDER AND AGED
18 SIXTY-FIVE YEARS OR OLDER SHALL BE ELIGIBLE FOR CARE IN A PUBLIC
19 MENTAL OR TUBERCULOSIS HOSPITAL. THIS COST SHALL BE THE
20 REASONABLE COST, AS DETERMINED BY THE DEPARTMENT FOR A STATE
21 INSTITUTION OR AS SPECIFIED BY REGULATIONS OF THE DEPARTMENT
22 ADOPTED UNDER TITLE XIX OF THE FEDERAL SOCIAL SECURITY ACT AND
23 CERTIFIED TO THE DEPARTMENT BY THE AUDITOR GENERAL FOR COUNTY
24 AND NON-PUBLIC INSTITUTIONS.
25 SECTION 7. THE ACT IS AMENDED BY ADDING A SECTION TO READ: <--
26 SECTION 443.5. PREPAYMENT FOR CONTRACTED MEDICAL SERVICES.--
27 FOR CATEGORICALLY NEEDY OR MEDICALLY NEEDY PERSONS ELIGIBLE FOR
28 MEDICAL ASSISTANCE, PREPAID CAPITATION PAYMENTS OR INSURANCE
29 PREMIUMS FOR SERVICES UNDER THE MEDICAL ASSISTANCE STATE PLAN
30 MAY BE MADE ON BEHALF OF ELIGIBLE PERSONS THROUGH COMPETITIVE
19750H0694B3269 - 30 -
1 BIDDING WITH PROFIT OR NON-PROFIT CONTRACTORS, INSURERS, OR
2 HEALTH MAINTENANCE ORGANIZATIONS. PROFIT AND NON-PROFIT INSURERS
3 MUST BE APPROVED UNDER APPLICABLE STATE LAWS. PREPAID CAPITATION
4 OR PREMIUM PAYMENTS MADE UNDER SUCH CONTRACTS SHALL NOT EXCEED
5 PAYMENTS MADE TO OTHER THIRD PARTY PAYERS FOR COMPARABLE
6 SERVICES AND SIMILAR BENEFIT CONDITIONS. CAPITATION PAYMENTS
7 CHARGED FOR ANTICIPATED MEDICAL ASSISTANCE ELIGIBLE PERSONS
8 UNDER A CONTRACT MAY BE PREPAID BY THE COMMONWEALTH SUBJECT TO
9 MONTHLY, QUARTERLY, AND ANNUAL ADJUSTMENT BY THE DEPARTMENT
10 BASED ON ACTUAL ENROLLMENT AND FIXED CAPITATION RATES.
11 SECTION 6. 7. 8. SECTIONS 451, 481, 487 AND 488 AND <--
12 SUBSECTIONS (A) AND (B) OF SECTION 911 OF THE ACT ARE AMENDED TO
13 READ:
14 SECTION 451. CONFORMITY WITH FEDERAL LEGISLATION.--
15 NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE DEPARTMENT, WITH
16 THE APPROVAL OF THE GOVERNOR, MAY BY REGULATION GRANT [MEDICAL]
17 ASSISTANCE TO ANY PERSONS, MODIFY OR DISCONTINUE ANY TYPE OF
18 [MEDICAL] ASSISTANCE AND ESTABLISH NEW TYPES OF [MEDICAL]
19 ASSISTANCE IN ORDER TO INSURE RECEIPT OF FEDERAL CONTRIBUTIONS
20 FOR SUCH [MEDICAL] ASSISTANCE. ANY SUCH REGULATION SHALL BE VOID
21 AT THE END OF THE REGULAR SESSION OF THE GENERAL ASSEMBLY HELD
22 DURING THE ODD-NUMBERED YEAR NEXT FOLLOWING THE ADOPTION OF THE
23 REGULATION.
24 SECTION 481. FALSE STATEMENTS; PENALTY.--(A) ANY PERSON WHO,
25 EITHER PRIOR TO, OR AT THE TIME OF, OR SUBSEQUENT TO THE
26 APPLICATION FOR ASSISTANCE, BY MEANS OF A WILFULLY FALSE
27 STATEMENT OF MISREPRESENTATION, OR BY IMPERSONATION OR OTHER
28 FRAUDULENT MEANS, SECURES, OR ATTEMPTS TO SECURE, OR AIDS OR
29 ABETS ANY PERSON IN SECURING ASSISTANCE, OR FEDERAL FOOD STAMPS,
30 UNDER THIS ARTICLE SHALL BE GUILTY OF A MISDEMEANOR, AND, UPON
19750H0694B3269 - 31 -
1 CONVICTION THEREOF, SHALL BE SENTENCED TO PAY A FINE NOT
2 EXCEEDING ONE THOUSAND DOLLARS ($1,000), OR TO UNDERGO
3 IMPRISONMENT NOT EXCEEDING ONE YEAR, OR BOTH, AND ALSO SHALL BE
4 SENTENCED TO MAKE RESTITUTION OF ANY MONEYS HE HAS RECEIVED BY
5 REASON OF ANY SUCH FALSE STATEMENT, MISREPRESENTATION,
6 IMPERSONATION, OR FRAUDULENT MEANS.
7 (B) ANY PERSON WHO, EITHER PRIOR TO OR AT THE TIME OF OR
8 SUBSEQUENT TO THE APPLICATION FOR ASSISTANCE, BY MEANS OF A
9 WILFULLY FALSE STATEMENT OR MISREPRESENTATION, OR BY
10 IMPERSONATION, OR OTHER FRAUDULENT MEANS, SECURES OR ATTEMPTS TO
11 SECURE ASSISTANCE OR FEDERAL FOOD STAMPS NOT EXCEEDING THREE
12 HUNDRED DOLLARS ($300) UNDER THIS ARTICLE SHALL, UPON CONVICTION
13 THEREOF IN A SUMMARY PROCEEDING, BE SENTENCED TO MAKE
14 RESTITUTION OF SUCH ASSISTANCE, AND TO PAY A FINE OF NOT MORE
15 THAN TWO HUNDRED DOLLARS ($200). [AND, IN DEFAULT OF MAKING
16 RESTITUTION AND THE PAYMENT OF THE FINE IMPOSED, TO UNDERGO
17 IMPRISONMENT NOT EXCEEDING SIXTY DAYS.] WHEN HAVING AVAILABLE
18 SUFFICIENT MEANS OR THE ABILITY TO ACQUIRE SUCH MEANS, WILFULL
19 FAILURE TO MAKE RESTITUTION AND PAY THE FINE IMPOSED SHALL
20 RESULT IN IMPRISONMENT NOT EXCEEDING SIXTY DAYS.
21 (C) THERE SHALL BE A FOUR-YEAR STATUTE OF LIMITATIONS ON ALL
22 OFFENSES UNDER THIS SECTION.
23 SECTION 487. INFORMATION TO BE SUPPLIED.--(A) EVERY BANK,
24 INDUSTRIAL BANK, CREDIT UNION, TRUST COMPANY, BANK AND TRUST
25 COMPANY, PRIVATE BANKER, AND BUILDING AND LOAN ASSOCIATION, OR
26 OTHER FINANCIAL INSTITUTIONS DOING BUSINESS IN PENNSYLVANIA,
27 SHALL, WHEN REQUESTED IN WRITING SO TO DO BY THE DEPARTMENT, OR
28 ANY COUNTY BOARD OR BY ANY OFFICIAL LEGISLATIVE INVESTIGATING
29 COMMITTEE, OR BY ANY AUTHORIZED AGENT THEREOF, DISCLOSE TO SUCH
30 DEPARTMENT, BOARD, COMMITTEE, OR AUTHORIZED AGENT, WHETHER OR
19750H0694B3269 - 32 -
1 NOT ANY PERSON APPLYING FOR OR RECEIVING PUBLIC ASSISTANCE, OR
2 ANY LEGALLY RESPONSIBLE RELATIVE OF SUCH APPLICANT OR RECIPIENT,
3 HAS HAD, OR HAS ANY MONEY ON DEPOSIT WITH, OR INVESTED IN, SUCH
4 BANKING INSTITUTION OR BUILDING AND LOAN ASSOCIATION WITHIN ONE
5 YEAR PRIOR TO THEIR APPLICATION FOR ASSISTANCE, OR AT ANY TIME
6 THEREAFTER, THE AMOUNT AND DATE OF SUCH DEPOSIT OR INVESTMENT,
7 AND THE AMOUNTS AND DATES OF WITHDRAWALS THEREFROM.
8 (B) EVERY EMPLOYER SHALL, WHEN REQUESTED IN WRITING SO TO DO
9 BY THE DEPARTMENT OR ANY COUNTY BOARD OR BY ANY OFFICIAL
10 LEGISLATIVE INVESTIGATING COMMITTEE, OR BY ANY AUTHORIZED AGENT
11 THEREOF, DISCLOSE TO SUCH DEPARTMENT, BOARD, COMMITTEE, OR
12 AUTHORIZED AGENT WITHIN THIRTY DAYS, WHETHER OR NOT ANY PERSON
13 APPLYING FOR OR RECEIVING PUBLIC ASSISTANCE, OR ANY LEGALLY
14 RESPONSIBLE RELATIVE OF SUCH APPLICANT OR RECIPIENT HAS OR HAD
15 RECEIVED, OR WILL RECEIVE, ANY MONEY IN SALARY, WAGES,
16 COMMISSION, OR OTHER COMPENSATION FROM SUCH EMPLOYER, AND IF SO,
17 THE AMOUNT AND DATE OF SUCH SALARY, WAGES, COMMISSION, OR OTHER
18 COMPENSATION.
19 SECTION 488. VIOLATION; PENALTY.--ANY BANK, INDUSTRIAL BANK,
20 CREDIT UNION, TRUST COMPANY, BANK AND TRUST COMPANY, PRIVATE
21 BANKER, BUILDING AND LOAN ASSOCIATION, OR OTHER FINANCIAL
22 INSTITUTION DOING BUSINESS IN PENNSYLVANIA, OR EMPLOYER WHO OR
23 WHICH WILFULLY VIOLATES THE PROVISIONS OF SECTION 487 OF THIS
24 ACT, OR WHO OR WHICH WILFULLY MAKES ANY FALSE OR MISLEADING
25 STATEMENT IN CONNECTION WITH ANY DISCLOSURE REQUIRED BY SAID
26 SECTION, SHALL BE GUILTY OF A MISDEMEANOR, AND UPON CONVICTION
27 THEREOF, SHALL BE SENTENCED TO PAY A FINE NOT EXCEEDING ONE
28 THOUSAND DOLLARS ($1000).
29 SECTION 911. VISITATION AND INSPECTION.--(A) THE DEPARTMENT <--
30 SHALL HAVE THE POWER, AND ITS DUTY SHALL BE:
19750H0694B3269 - 33 -
1 (1) TO MAKE AND ENFORCE RULES AND REGULATIONS FOR A
2 VISITATION, EXAMINATION AND INSPECTION OF ALL SUPERVISED
3 INSTITUTIONS AND SAID VISITATION, EXAMINATION OR INSPECTION MAY
4 OCCUR BOTH BEFORE AND AFTER THE BEGINNING OF OPERATION OF THE
5 SUPERVISED FACILITY.
6 (2) TO VISIT AND INSPECT, AT LEAST ONCE IN EACH YEAR, ALL
7 STATE AND SUPERVISED INSTITUTIONS; TO INQUIRE AND EXAMINE INTO
8 THEIR METHODS OF INSTRUCTION, DISCIPLINE, DETENTION, CARE OR
9 TREATMENT, THE CARE, TREATMENT, GOVERNMENT OR MANAGEMENT OF
10 THEIR INMATES OR THOSE COMMITTED THERETO, OR BEING DETAINED,
11 TREATED OR RESIDING THEREIN, THE OFFICIAL CONDUCT OF THEIR
12 INSPECTORS, TRUSTEES, MANAGERS, DIRECTORS OR OTHER OFFICER OR
13 OFFICERS CHARGED WITH THEIR MANAGEMENT BY LAW OR OTHERWISE, OR
14 HAVING THE MANAGEMENT, CARE, CUSTODY OR CONTROL THEREOF, THE
15 BUILDINGS, GROUNDS, PREMISES, AND EQUIPMENT THEREOF, OR
16 CONNECTED THEREWITH, AND ALL AND EVERY MATTER AND THING RELATING
17 TO THEIR USEFULNESS, ADMINISTRATION, AND MANAGEMENT, AND TO THE
18 WELFARE OF THE INMATES THEREOF, OR THOSE COMMITTED THERETO OR
19 BEING DETAINED, TREATED OR RESIDING THEREIN.
20 (B) FOR THESE PURPOSES AND FOR THE PURPOSE OF DETERMINING
21 WHETHER OR NOT A FACILITY SHOULD BE SUBJECT TO THE SUPERVISION
22 OF THE DEPARTMENT IN ACCORDANCE WITH SECTION 902, THE SECRETARY,
23 OR OTHER OFFICER, INSPECTOR OR AGENT OF THE DEPARTMENT, SHALL
24 HAVE FREE AND FULL ACCESS TO THE GROUNDS, PREMISES, AND
25 BUILDINGS OF AND TO ALL THE RECORDS, BOOKS OR PAPERS OF OR
26 RELATING TO ANY SUCH STATE OR SUPERVISED INSTITUTION, AND FULL
27 OPPORTUNITY TO INTERROGATE OR INTERVIEW ANY INMATE THEREOF, OR
28 ANY PERSON OR PERSONS COMMITTED TO OR BEING DETAINED, TREATED OR
29 RESIDING THEREIN, AND ALL PERSONS CONNECTED WITH ANY SUCH STATE
30 OR SUPERVISED INSTITUTION AS OFFICERS, OR CHARGED WITH THE
19750H0694B3269 - 34 -
1 MANAGEMENT, THEREOF BY LAW OR OTHERWISE, OR IN ANY WAY HAVING
2 THE CARE, CUSTODY, CONTROL, OR MANAGEMENT THEREOF, OR CONNECTED
3 THEREWITH AS EMPLOYES, ARE HEREBY DIRECTED AND REQUIRED TO GIVE
4 TO THE SECRETARY, OR TO SUCH OFFICER, INSPECTOR OR AGENT OF THE
5 DEPARTMENT, SUCH MEANS, FACILITIES AND OPPORTUNITY FOR SUCH
6 VISITATION, EXAMINATION, INQUIRY AND INTERROGATION, AS IS HEREBY
7 PROVIDED AND REQUIRED, OR AS THE DEPARTMENT, BY ITS DULY
8 ORDAINED RULES OR REGULATIONS, MAY REQUIRE.
9 * * *
10 Section 1 7. 8. 9. Section 1016 OF THE act of June 13, 1967 <--
11 (P.L.31, No.21), known as the "Public Welfare Code," is amended
12 to read:
13 Section 1016. Right to Enter and Inspect.--For the purpose
14 of determining the suitability of the applicants and of the
15 premises or whether or not any premises in fact qualifies as a
16 facility as defined in section 1001 of this act or the
17 continuing conformity of the licensees to this act and to the
18 applicable regulations of the department, any authorized agent
19 of the department shall have the right to enter, visit and
20 inspect any facility licensed or requiring a license under this
21 act and shall have full and free access to the records of the
22 facility and to the individuals therein and full opportunity to
23 interview, inspect or examine such individuals.
24 An authorized agent of the department shall also confer with
25 the operators of facilities regarding the minimum standards of
26 the department, encourage the adoption of higher standards and
27 recommend methods of improving care and services.
28 SECTION 8. 9. 10. (A) SUBSECTION (B) OF SECTION SECTION 3, <--
29 ACT OF JUNE 24, 1937 (P.L.2045, NO.397), KNOWN AS "THE SUPPORT
30 LAW," IS REPEALED IN SO FAR AS IT IS INCONSISTENT HEREWITH.
19750H0694B3269 - 35 -
1 (B) ALL OTHER ACTS AND PARTS OF ACTS, GENERAL, LOCAL AND
2 SPECIAL, ARE REPEALED IN SO FAR AS THEY ARE INCONSISTENT
3 HEREWITH.
4 SECTION 9. 10. 11. IF ANY PROVISION OF THIS ACT SHALL BE <--
5 HELD INVALID, THE REMAINDER OF THIS ACT SHALL NOT BE AFFECTED
6 THEREBY.
7 SECTION 10. 11. 12. THIS ACT SHALL APPLY ALSO TO THOSE <--
8 FACILITIES TRANSFERRED TO THE DEPARTMENT OF HEALTH BY
9 REORGANIZATION PLAN NO. 3 OF 1975.
10 Section 2 11. 12. 13. This act shall take effect in 60 days. <--
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