A00718
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
875
Session of
2015
INTRODUCED BY BAKER, PICKETT, CUTLER, MILLARD, JAMES, ZIMMERMAN,
BISHOP, BOBACK, KAUFFMAN, McNEILL, A. HARRIS, D. COSTA, COX,
WATSON, SAYLOR, GROVE AND GABLER, APRIL 1, 2015
REFERRED TO COMMITTEE ON HEALTH, APRIL 1, 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 verification of eligibility.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 441.9 of the act of June 13, 1967
(P.L.31, No.21), known as the Public Welfare Code, added July 7,
2005 (P.L.177, No.42), is amended to read:
Section 441.9. Verification of Eligibility.--(a) Except as
set forth in subsection (b), income shall be verified prior to
authorization of medical assistance or during a redetermination
of a recipient's eligibility unless the verification is pending
from a third party and the applicant has cooperated in the
verification attempt in accordance with department regulations.
(b) Notwithstanding subsection (a), the department may
authorize medical assistance for pregnant women, children, the
elderly or people with disabilities if third-party, automated
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sources of verification are used to verify income within sixty
days of the date of authorization.
(c) Except as prohibited by Federal law, it shall be a
condition of eligibility for medical assistance that an
applicant or recipient consent to the disclosure of information
about the age, residence, citizenship, employment, applications
for employment, income and resources of the applicant or
recipient which is in the possession of third parties. Consent
shall be effective to authorize a third party to release
information requested by the department. Except in a case of
suspected fraud, the department shall attempt to notify the
applicant or recipient prior to contacting a third party for
information about the applicant or recipient.
(d) All applicants and recipients shall, as a condition of
eligibility, cooperate with the department in securing medical
support from the noncustodial parent of any child for whom
medical assistance is sought or provided.
(e) The requirements of subsection (d) shall not apply if:
(1) The custodial parent is a victim of domestic violence
perpetrated by the noncustodial parent. Domestic violence shall
be verified using State standards developed under section 402(a)
(7) of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (Public Law 104-193, 42 U.S.C. ยง
602(a)(7)).
(2) The application of subsection (d) endangers the well-
being of a child by interrupting the child's continuity of
medical care.
Section 2. This act shall take effect in 60 days.
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