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PRIOR PRINTER'S NO. 1514
PRINTER'S NO. 1840
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1164
Session of
2015
INTRODUCED BY MURT, BLOOM, BAKER, BOBACK, V. BROWN, BROWNLEE,
COHEN, CUTLER, FEE, FREEMAN, GIBBONS, GOODMAN, GROVE, IRVIN,
KAUFER, KAUFFMAN, LONGIETTI, McGINNIS, McNEILL, B. MILLER,
MILNE, PASHINSKI, REED, ROSS, ROZZI, STEPHENS, TOOHIL,
TOPPER, WATSON, ZIMMERMAN, HARPER AND SCHEMEL, MAY 11, 2015
AS REPORTED FROM COMMITTEE ON HEALTH, HOUSE OF REPRESENTATIVES,
AS AMENDED, JUNE 17, 2015
AN ACT
Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An
act to consolidate, editorially revise, and codify the public
welfare laws of the Commonwealth," in public assistance,
further providing for copayments for subsidized child care.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 408.3 of the act of June 13, 1967
(P.L.31, No.21), known as the Public Welfare Code, added June
30, 2011 (P.L.89, No.22), is amended to read:
Section 408.3. Copayments for Subsidized Child Care.--(a)
Notwithstanding any other provision of law or departmental
regulation, the parent or caretaker of a child enrolled in
subsidized child care shall pay a copayment for the subsidized
child care based on a percentage of the adjusted gross income of
the family as specified in a copayment schedule established by
the department pursuant to this section.
(b) The department shall publish a notice setting forth the
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copayment schedule in the Pennsylvania Bulletin.
(c) In establishing the copayment amounts pursuant to this
section, all of the following shall apply:
(1) Copayments shall be based upon a [sliding income scale]
a percentage of income taking into account Federal poverty
income guidelines. Copayments shall be updated annually.
(2) At the department's discretion, copayments may be
imposed:
(i) for each child enrolled in subsidized child care;
(ii) based upon family size; or
(iii) in accordance with both subparagraphs (i) and (ii).
(3) Copayment amounts shall be a minimum of five dollars
($5) per week and [may] shall increase in incremental amounts,
based on a percentage of adjusted gross income of the family, as
determined by the department [taking into account annual family
income].
(4) A family's annual copayment under either paragraph (1)
or (2) shall not exceed:
(i) eight percent of the family's annual income if the
family's annual income is one hundred percent of the Federal
poverty income guideline or less; [or]
(ii) eleven percent of the family's annual income if the
family's annual income [exceeds] is between one hundred percent
of the Federal poverty income guideline[.] and two hundred and
fifty percent of the Federal poverty income guideline;
(iii) thirteen percent of the family's annual income if the
family's annual income is between two hundred and fifty percent
of the Federal poverty income guideline and two hundred and
seventy-five percent of the Federal poverty guideline; or
(iv) fifteen percent of the family's annual income if the
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family's annual income exceeds IS BETWEEN two hundred and
seventy-five percent of the Federal poverty income guideline AND
THREE HUNDRED PERCENT OF THE FEDERAL POVERTY INCOME GUIDELINE .
Notwithstanding this subsection, beginning with State fiscal
year 2012-2013, the department may adjust the annual copayment
percentages specified in this subsection by promulgation of
final-omitted regulations under section 204 of the act of July
31, 1968 (P.L.769, No.240), referred to as the "Commonwealth
Documents Law."
(5) A family that exceeds the minimum work requirements as a
result of each parent, or in the case of a single parent
household by the sole parent, performing additional wage-earning
hours shall have a reduced copayment, so long as the reduction
does not reduce the weekly copayment below that which is set
under paragraph (3). This paragraph shall apply to a family that
increases its average work week after the effective date of this
paragraph AND HAS INCREASED THE FAMILY'S ADJUSTED GROSS INCOME
AS A RESULT OF WORKING ADDITIONAL WAGE-EARNING HOURS . The
reduction shall be applied as follows:
(i) For an average work week of at least twenty-five wage-
earning hours per parent, three-quarters of one percent
reduction from the amount set under this subsection.
(ii) For an average work week of at least thirty wage-
earning hours per parent, a one and one-half percent reduction
from the amount set under this subsection.
(iii) For an average work week of at least thirty-five wage-
earning hours per parent, two and one-quarter percent reduction
from the amount set under this subsection.
(iv) For an average work week of at least forty wage-earning
hours per parent, a three percent reduction from the amount set
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under this subsection.
(6) A family that has qualified for a reduction in the child
care copayment shall provide documentation of its average work
week hours every six TWELVE months to continue to receive the
child care copayment reduction.
(7) A family that has previously qualified for a reduction
in the child care copayment shall continue to remain eligible
for subsidized child care if the family:
(i) does not exceed three hundred percent of the Federal
poverty income guideline;
(ii) has been in compliance with the requirements under
paragraph (6);
(iii) continues to exceed the minimum work requirements by
performing additional wage-earning hours; an d
(IV) HAS INCREASED THE FAMILY'S ADJUSTED GROSS INCOME AS A
RESULT OF PERFORMING ADDITIONAL WAGE-EARNING HOURS; AND
(iv) (V) is current and remains current with making its
copayment to the caretaker.
(8) The average work week of a family shall be calculated by
reviewing the family's income statements and taking the average
of the number of hours worked per parent over a six-month
TWELVE-MONTH period and dividing by twenty-six FIFTY-TWO .
(d) Notwithstanding subsection (a), a parent or caretaker
copayment may be waived in accordance with department
regulations.
(e) As used in this section, "wage-earning hours" means
hours for which an individual is financially compensated by an
employer. The term does not include hours spent volunteering, in
education or in job training, unless those hours are compensated
as a condition of employment.
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Section 2. This act shall take effect in 60 days.
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