PRIOR PRINTER'S NO. 3158
PRINTER'S NO. 3328
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2138
Session of
2018
INTRODUCED BY DOWLING, CUTLER, BARRAR, RYAN, WARD, REED, SAYLOR,
GROVE, MENTZER, BERNSTINE, KAUFFMAN, COX, ZIMMERMAN,
B. MILLER, KLUNK, JAMES, WALSH, SCHEMEL, PHILLIPS-HILL, FEE,
DAY, TURZAI, WARNER, MASSER AND KEEFER, MARCH 13, 2018
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
APRIL 11, 2018
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,
providing for work requirements.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of June 13, 1967 (P.L.31, No.21), known
as the Human Services Code, is amended by adding a section to
read:
Section 441.10. Work Requirements.--(a) No later than March
1 of each year, the secretary shall apply to the Centers for
Medicare and Medicaid Services of the United States Department
of Health and Human Services for a demonstration program under
section 1115 of the Social Security Act (49 Stat. 620, 42 U.S.C.
§ 1315) for the following purposes:
(1) Instituting a work requirement for a medical assistance
enrollee who is not exempt under paragraph (4). The work
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requirement shall require a medical assistance enrollee to
become employed, actively seek employment as verified by the
department , or attend a job training program in accordance with
the following:
(i) In the case of a medical assistance enrollee who is
employed or attending job training programs in order to maintain
enrollment in the medical assistance program, the medical
assistance enrollee shall work twenty hours a week or complete
twelve job training program-related activities a month.
(ii) A medical assistance enrollee who has failed to comply
with the work requirement under subparagraph (i) shall
relinquish medical assistance program eligibility for the
following time periods:
(A) Three months beginning in year two of employment
ENROLLMENT IN MEDICAL ASSISTANCE .
(B) Six months beginning after the time period under clause
(A) expires.
(C) Nine months beginning after the time period under clause
(B) expires.
(2) Requiring an able-bodied medical assistance enrollee who
is nineteen years of age or older to verify on a biannual basis
or by request of the department the medical assistance
enrollee's family income or the medical assistance enrollee's
compliance with the provisions under paragraph (1) for the
purpose of determining the medical assistance enrollee's
eligibility.
(3) Delaying an individual from enrolling in a medical
assistance program if the individual has failed to comply with
paragraphs (1) and (2).
(4) Exempting a medical assistance enrollee from the
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requirements under paragraphs (1) and (2) under any of the
following conditions:
(i) The medical assistance enrollee is attending high school
as a full-time student.
(ii) The medical assistance enrollee is currently receiving
temporary or permanent long-term disability benefits.
(iii) The medical assistance enrollee is an individual
nineteen EIGHTEEN years of age or younger or sixty-five years of
age or older.
(iv) The medical assistance enrollee is a pregnant woman.
(v) The medical assistance enrollee receives Supplemental
Security Income (SSI) benefits.
(vi) The medical assistance enrollee resides in a mental
health institution or correctional institution.
(vii) The medical assistance enrollee is experiencing a
crisis, serious medical condition , or temporary condition that
prevents the Medicaid enrollee from actively seeking employment,
such as INCLUDING, BUT NOT LIMITED TO, domestic violence or A
substance use disorder.
(viii) The medical assistance enrollee is the primary
caregiver to a dependent who is under six years of age or is
permanently disabled. SIX YEARS OF AGE OR YOUNGER.
(IX) THE MEDICAL ASSISTANCE ENROLLEE IS THE PRIMARY
CAREGIVER TO AN INDIVIDUAL WHO IS PERMANENTLY DISABLED OR WHO IS
IN HOSPICE CARE.
(b) The secretary's application for the demonstration
program under subsection (a) shall also align with other
assistance programs that have work requirements in order to
reduce the cost of monitoring the work requirements.
(c) The demonstration program under subsection (a) may also
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include a medical assistance buy-in component to allow workers
with disabilities to have higher wage earnings and maintain
their medical assistance coverage.
Section 2. This act shall take effect in 60 days.
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