PRINTER'S NO. 273
No. 276 Session of 1999
INTRODUCED BY CURRY, BEBKO-JONES, TANGRETTI, LAUGHLIN,
C. WILLIAMS, BELFANTI, WASHINGTON, MANDERINO, HORSEY, MYERS,
OLIVER, JAMES, BISHOP, RAMOS, CARN, TRELLO, YOUNGBLOOD,
WALKO, STEELMAN, DeWEESE, MUNDY, MELIO, MICHLOVIC, ROBINSON,
L. I. COHEN, ORIE, JOSEPHS AND M. COHEN, FEBRUARY 2, 1999
REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES,
FEBRUARY 2, 1999
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," further providing for
4 establishment of RESET, for work supports, for eligibility
5 for assistance, for failure to comply with employment and
6 work-related activity requirements and for medically needy
7 determinations.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Sections 405.1(a.2)(5) and (a.3), 408, 432, 432.3
11 and 442.1 of the act of June 13, 1967 (P.L.31, No.21), known as
12 the Public Welfare Code, amended May 16, 1996 (P.L.175, No.35),
13 are amended to read:
14 Section 405.1. Establishment of RESET.--* * *
15 (a.2) In accordance with RESET, the following requirements
16 shall apply:
17 * * *
18 (5) An applicant or recipient may fulfill the work-related
1 activity requirement following the initial job search and
2 consultation with the county assistance office by participating
3 in any one or a combination of vocational education, general
4 education, English-as-a-second-language study or job skills
5 training, as necessary, for a maximum of [twelve] twenty-four
6 months. For a recipient or applicant who is eighteen years of
7 age or older and less than twenty-two years of age and who has
8 not earned a high school diploma or its equivalent, pursuit of a
9 high school diploma or a certificate of high school equivalency
10 can fulfill the work-related activity requirement for a maximum
11 of twenty-four months.
12 * * *
13 (a.3) An applicant or recipient may be exempt from the
14 requirements of subsection (a.2) if any of the following apply:
15 (1) The applicant or recipient has been assessed by a
16 physician or psychologist as having a verified physical or
17 mental disability which temporarily or permanently precludes the
18 applicant or recipient from any form of employment or work-
19 related activity. The verification of the physical or mental
20 disability [shall] must be established by written documentation
21 in a form prescribed by the department and [shall] be based on
22 acceptable clinical and laboratory diagnostic techniques, rather
23 than a statement of symptoms by the applicant or recipient. The
24 department may also require the applicant or recipient to submit
25 to an independent examination as a condition of receiving
26 assistance. An applicant or recipient with a verified physical
27 or mental disability [that] which is temporary in nature must
28 pursue appropriate treatment as a condition of receiving
29 assistance.
30 (2) The applicant or recipient is a specified relative
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1 caring for a child who is under six years of age and for whom
2 alternate child care arrangements are unavailable.
3 (3) The applicant or recipient is under eighteen years of
4 age. An applicant or recipient under this clause shall be
5 required to pursue a high school diploma or a certificate of
6 high school equivalency.
7 (4) The applicant or recipient has been assessed by a
8 vocational evaluator, as defined in 55 Pa. Code § 2390.37
9 (relating to vocational evaluator), as having significant skill
10 deficiencies which present substantial barriers to working,
11 participation in subsidized employment, work experience, or on
12 the job training for the applicant or recipient. An applicant or
13 recipient with verified significant skill deficiencies may
14 fulfill the requirements of subsection (a.2) by continuing to
15 participate in any one or a combination of vocational education,
16 general education, English-as-a-second language study or job
17 skills training, as determined necessary by the vocational
18 evaluation. Applicants or recipients shall be specifically
19 informed of these options at the time of initial application and
20 at each redetermination period.
21 * * *
22 Section 408. Meeting Special Needs; Work Supports and
23 Incentives.--(a) The department shall take measures not
24 inconsistent with the purposes of this article; and when other
25 funds or facilities for such purposes are inadequate or
26 unavailable to provide for special needs of individuals eligible
27 for assistance; to relieve suffering and distress arising from
28 disabilities and infirmities; to promote their rehabilitation;
29 to help them if possible to become self-dependent; and, to
30 cooperate to the fullest extent with other public agencies
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1 empowered by law to provide rehabilitative or similar services.
2 (b) The department [may] shall provide assistance to
3 recipients for child day care when the department has determined
4 that without such services the recipient would be exempt from
5 compliance with the conditions of the agreement of mutual
6 responsibility or work requirements or when a former recipient
7 who is employed has ceased to receive cash assistance for a
8 reason other than a sanction for noncompliance with an
9 eligibility condition. In establishing the time limits and
10 levels of access to child day-care funds, the department shall
11 take into account availability, costs and the number of
12 assistance groups needing services within the geographic area
13 and shall seek to provide essential services to the greatest
14 number of recipients. Child care providers shall be compensated
15 at market rates.
16 (c) The department [may] shall provide assistance to
17 recipients for transportation and work support when the
18 department has determined that without such services the
19 recipient would be exempt from compliance with the conditions of
20 the agreement of mutual responsibility or work requirements. [In
21 establishing the time limits and levels of access to
22 transportation and work support, the department shall take into
23 account availability, costs and the number of recipients needing
24 services within the geographic area and shall seek to provide
25 essential services to the greatest number of recipients.]
26 Section 432. Eligibility.--Except as hereinafter otherwise
27 provided, and subject to the rules, regulations, and standards
28 established by the department, both as to eligibility for
29 assistance and as to its nature and extent, needy persons of the
30 classes defined in clauses (1), (2), and (3) shall be eligible
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1 for assistance:
2 (1) Persons for whose assistance Federal financial
3 participation is available to the Commonwealth as aid to
4 families with dependent children or as other assistance, and
5 which assistance is not precluded by other provisions of law.
6 (2) Persons who are eligible for State supplemental
7 assistance.
8 (i) State supplemental assistance shall be granted to
9 persons who receive Federal supplemental security income for the
10 aged, blind and disabled pursuant to Title XVI of the Federal
11 Social Security Act.
12 (ii) State supplemental assistance shall also be granted to
13 persons who are aged, blind and disabled, as defined in Title
14 XVI of the Federal Social Security Act, and whose income,
15 pursuant to the standards and income disregards of Title XVI of
16 the Social Security Act, is less than the combined income of the
17 Federal payments under the supplemental security income program
18 and the State supplemental assistance payments established
19 pursuant to the provisions of this act.
20 (iii) In establishing the amounts of the State supplemental
21 assistance, the department shall consider the funds certified by
22 the Budget Secretary as available for State supplemental
23 assistance, pertinent Federal legislation and regulation, the
24 cost-of-living and the number of persons who may be eligible.
25 (iv) Beneficiaries of State supplemental assistance shall be
26 eligible for cash State financial assistance to cover the cost
27 of special needs as defined by statute and regulations
28 promulgated under this act.
29 (v) After the amounts of assistance payments have been
30 determined by the department with the approval of the Governor
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1 and General Assembly, the amounts of assistance payments shall
2 not be reduced as a consequence of assistance increases,
3 including but not limited to cost-of-living increases, provided
4 through Federal legislation.
5 (vi) After the amounts of assistance payments have been
6 determined by the department with the approval of the Governor
7 and General Assembly, the amounts of assistance payments shall
8 not be increased without the approval of the General Assembly in
9 accordance with the procedure established by the act of April 7,
10 1955 (P.L.23, No.8) known as the "Reorganization Act of 1955,"
11 and a message to the General Assembly from the Governor for the
12 purposes of executing such function shall be transmitted as in
13 other cases under the Reorganization Act.
14 (3) Other persons who are citizens of the United States, or
15 lawfully admitted aliens who are eligible for general
16 assistance.
17 (i) Persons who may be eligible for general assistance for
18 an indeterminate period as a result of medical, social or
19 related circumstances shall be limited to:
20 (A) A child who is under age eighteen or who is eighteen
21 through twenty years of age and attending a secondary or
22 equivalent vocational or technical school full-time and may
23 reasonably be expected to complete the program before reaching
24 twenty-one years of age.
25 (B) Persons who are parents residing in two-parent
26 households with their child who is under [thirteen] eighteen
27 years of age unless the child is [thirteen] eighteen years of
28 age or older and has a verified disability. Every possible
29 effort shall be made by the department to place these persons in
30 the AFDC program.
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1 (C) A person who has been assessed by a physician or
2 psychologist as having a verified physical or mental disability
3 which temporarily or permanently precludes him or her from any
4 gainful employment. The verification of the physical or mental
5 disability must be established by written documentation in a
6 form prescribed by the department and must be based on
7 acceptable clinical and laboratory diagnostic techniques, rather
8 than a statement of symptoms by the applicant or recipient. The
9 department may also require the applicant or recipient to submit
10 to an independent examination as a condition of receiving
11 assistance. An applicant or recipient with a verified physical
12 or mental disability which is temporary in nature shall pursue
13 appropriate treatment as a condition of receiving assistance.
14 (D) A person who is a nonparental caretaker of a child under
15 [thirteen] eighteen years of age or a caretaker of another
16 person because of illness or disability. Such child or other
17 person must be a member of the household and the caretaker must
18 be a person whose presence is required in the home to care for
19 another person as determined in accordance with department
20 regulations. Assistance shall not be granted to a person under
21 this clause if there is another adult in the household who is
22 capable of providing the care without general assistance being
23 required.
24 (E) A person who is currently undergoing active treatment
25 for substance abuse in a drug and alcohol program licensed or
26 approved by the Department of Health or administered by an
27 agency of the Federal Government. A person shall only qualify
28 for general assistance under this clause if the treatment
29 program precludes the person from any form of employment in
30 accordance with standards established by the department. No
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1 individual shall qualify for general assistance under this
2 clause for more than nine months in a lifetime.
3 (F) A pregnant woman whose pregnancy has been medically
4 verified.
5 (G) A person who is a victim of domestic violence and who is
6 receiving protective services as defined by the department. No
7 individual shall qualify for general assistance under this
8 provision for more than nine months in that person's lifetime.
9 (ii) General assistance shall continue as long as the person
10 remains eligible. Redeterminations shall be conducted on at
11 least an annual basis, and persons shall be required to seek
12 employment, accept any offer of employment and maintain
13 employment as conditions of eligibility except as otherwise
14 exempt under section 405.1(a.3).
15 (iv) No transitionally needy assistance shall be initially
16 authorized after June 30, 1995. Any person receiving
17 transitionally needy general assistance as of the effective date
18 of this subclause may continue to receive that assistance until
19 sixty days of assistance are exhausted in accordance with
20 subclause (iii). Transitionally needy assistance received after
21 June 30, 1993, shall be applied to the total period of
22 assistance. Transitionally needy general assistance shall cease
23 on the earlier of:
24 (A) the date of the final issuance of assistance; or
25 (B) August 29, 1995.
26 (4) Assistance shall not be granted (i) to or in behalf of
27 any person who disposed of his real or personal property, of the
28 value of five hundred dollars ($500), or more, without fair
29 consideration, within two years immediately preceding the date
30 of application for assistance unless he is eligible for State
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1 supplemental assistance; or (ii) to an inmate of a public
2 institution.
3 (5) (i) Assistance may be granted only to or in behalf of a
4 resident of Pennsylvania. Needy persons who do not meet the
5 residence requirements stated in this clause and who are
6 transients or without residence in any state, may be granted
7 assistance up to seven days in the form of vendor payments, all
8 in accordance with rules, regulations, and standards established
9 by the department.
10 (ii) Cash assistance for applicants and recipients of aid to
11 families with dependent children who have resided in this
12 Commonwealth for less than twelve months shall not exceed the
13 lesser of the maximum assistance payment that would have been
14 received from the applicant's or recipient's state of prior
15 residence or the maximum assistance payment available to the
16 applicant or recipient in this Commonwealth.
17 (6) Aid to families with dependent children shall not be
18 paid to any family for any month in which any caretaker relative
19 with whom the child is living is, on the last day of such month,
20 participating in a strike, and no individual's needs shall be
21 included in determining the amount of aid payable for any month
22 to a family if, on the last day of such month, such individual
23 is participating in a strike.
24 (8) A person who does not meet a definitive condition for
25 aid to families with dependent children solely because of the
26 person's refusal to cooperate in establishing eligibility for
27 aid to families with dependent children shall also be ineligible
28 for general assistance.
29 (9) Assistance may not be granted to any person who has been
30 sentenced for a felony or misdemeanor offense and who has not
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1 otherwise satisfied the penalty imposed on that person by law.
2 Notwithstanding any provisions in 18 Pa.C.S. Ch. 91 (relating to
3 criminal history record information), the cooperative agreements
4 provided for in this clause shall provide the department with
5 access to the central repository within the Pennsylvania State
6 Police in order to carry out the objectives of this section. The
7 Pennsylvania State Police and the Pennsylvania Board of
8 Probation and Parole shall have access to the records of the
9 Assistance Recipient Identification Program under section 414
10 within the department in order to carry out the objectives of
11 section 414. For cash assistance applicants and recipients, the
12 department shall enter into cooperative agreements with the
13 Pennsylvania State Police and the Pennsylvania Board of
14 Probation and Parole to ensure that no cash assistance is
15 granted to a person who has been sentenced for a felony or
16 misdemeanor offense. For this purpose, the department may access
17 and provide information available pursuant to section 414. As
18 used in this clause, "satisfied the penalty" means completed the
19 period of incarceration or extension thereof and paid all fines,
20 costs and restitution. Nothing in this clause shall be deemed to
21 exclude from cash assistance any person who has been paroled
22 from a term of imprisonment, or any person who is in compliance
23 with all terms of probation, and who has made either full
24 payment of all fines, costs and restitution or is in compliance
25 with an approved payment plan.
26 (10) Assistance shall not be granted to any applicant or
27 recipient who is under eighteen years of age and who has never
28 been married and is pregnant and/or caring for a dependent child
29 unless the minor parent is residing with a parent, legal
30 guardian or other adult relative or in an adult-supervised
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1 supportive living arrangement approved by the department. In the
2 event that the minor parent is residing with a parent, legal
3 guardian or other adult relative or in an adult-supervised
4 supportive living arrangement approved by the department,
5 assistance shall be paid to the parent, legal guardian or other
6 adult with whom the minor parent is residing. Exceptions to this
7 subsection will be granted by the department if it is determined
8 that an exception would best serve the health and safety of the
9 minor parent and the child or if the minor parent can present
10 evidence that the parent, legal guardian or other adult:
11 (i) refuses or is unable to allow the minor parent or child
12 to live in his or her home;
13 (ii) poses an emotional or physical threat to the minor
14 parent or child;
15 (iii) has physically or sexually abused the minor parent or
16 the minor parent's child or any other child in the household or
17 poses a risk of doing so;
18 (iv) has exhibited neglect of the minor parent or the minor
19 parent's child; or
20 (v) has spent the minor parent's assistance in an improper
21 manner.
22 If the minor parent does not meet any of the exceptions set
23 forth in this clause and the parents or legal guardian live
24 within this Commonwealth or another state, the minor parent and
25 child may be given a one-time allowance solely for the limited
26 purpose of reuniting that minor parent and child with a parent,
27 legal guardian or other adult relative at their place of
28 residence. The amount of the allowance shall be limited to the
29 least expensive mode of transportation available.
30 (11) A person who is ineligible for general assistance or
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1 medical assistance under this act shall be ineligible for
2 assistance under the act of June 24, 1937 (P.L.2017, No.396),
3 known as the "County Institution District Law," and the act of
4 August 9, 1955 (P.L.323, No.130), known as "The County Code."
5 Section 432.3. Failure to Comply with Employment and Work-
6 Related Activity Requirements.--(a) An applicant or recipient
7 who is not exempt from participation in the employment or work-
8 related activity requirements set forth in section 405.1(a.2)
9 and who without good cause: (i) voluntarily terminates
10 employment or reduces earnings; (ii) fails to apply for work at
11 such time and in such manner as the department may prescribe; or
12 (iii) fails or refuses to accept referral to and participate in
13 a work-related activity, or refuses to accept referral to and
14 work in and retain employment in which the applicant or
15 recipient is able to engage, provided such employment conforms
16 to the standards established for a bona fide offer of
17 employment, shall be disqualified from receiving assistance as
18 follows:
19 (1) A minimum of thirty days for the first violation and
20 continuing thereafter until such time as he or she is willing to
21 comply with the requirements of section 405.1; a minimum of
22 sixty days for the second violation and continuing thereafter
23 until such time as he or she is willing to comply with the
24 requirements of section 405.1; and permanently for a third
25 violation.
26 (2) If the reason for the disqualification occurs during the
27 first twenty-four months that cash assistance is received,
28 whether those months are consecutive or interrupted, only the
29 individual is disqualified. If the reason for the
30 disqualification occurs after the individual has received
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1 assistance for more than twenty-four months, whether those
2 months are consecutive or interrupted, [the disqualification is
3 imposed on the entire assistance group] only the individual is
4 disqualified.
5 (b) In addition to or in lieu of the sanctions set forth in
6 subsection (a)(1) and (2), the cash assistance grant of an
7 employed person who voluntarily, without good cause, reduces his
8 or her earnings by not fulfilling the twenty-hour per week work
9 requirement set forth in section 405.1(a.2) shall be reduced by
10 the dollar value of the income that would have been earned if
11 the recipient had fulfilled those employment responsibilities.
12 Section 442.1. The Medically Needy; Determination of
13 Eligibility.--(a) A person shall be considered medically needy
14 if that person meets the requirements of clauses (1), (2) and
15 (3):
16 (1) Resides in Pennsylvania continuously for ninety days
17 immediately preceding the effective date of eligibility, except
18 for persons eligible for federally funded categories of medical
19 assistance.
20 (2) Meets the standards of financial and nonfinancial
21 eligibility established by the department with the approval of
22 the Governor. In establishing these standards the department
23 shall take into account:
24 (i) the funds certified by the Budget Secretary as available
25 for medical assistance for the medically needy;
26 (ii) pertinent Federal legislation and regulations; and
27 (iii) the cost of living.
28 (3) Complies with either subclause (i) or (ii):
29 (i) Receives general assistance in the form of cash.
30 (ii) Is not eligible for cash assistance but is:
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1 (A) a child under twenty-one years of age;
2 (B) a custodial parent of a dependent child under twenty-one
3 years of age;
4 (C) a person fifty-nine years of age or older;
5 (D) a refugee for whom Federal financial participation is
6 available;
7 (E) a pregnant woman;
8 (F) a person with a disability who is receiving Social
9 Security disability benefits, who has been referred to the
10 Social Security Administration for a determination of
11 eligibility for Supplemental Security Income or who is under
12 review for a disability by the department based upon Social
13 Security disability criteria; or
14 (G) a person who verifies employment or community service of
15 at least one hundred hours per month [earning at least the
16 minimum wage].
17 (c) Medical assistance benefits can be authorized
18 retroactively for an eligible person who requests coverage for
19 an unpaid medical expense which was incurred during a period up
20 to three months prior to the month of application. In
21 determining eligibility, all income received or expected to be
22 received in a six-month period shall be counted even if the
23 person requests medical assistance coverage for less than six
24 months. If retroactive medical assistance coverage is requested,
25 the six-month period can combine both retroactive and
26 prospective periods. Medical assistance coverage can continue as
27 long as the need exists, but no longer than the six-month period
28 from which income is counted.
29 Section 2. This act shall take effect in 60 days.
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