Amendment 2511 to House Bill 33 P.N. 2182, Regular Session 2019-2020

H0033B2182A02511 DMS:NLG 06/24/19 #90 A02511

AMENDMENTS TO HOUSE BILL NO. 33

Sponsor: SENATOR STREET

Printer's No. 2182

Amend Bill, page 1, line 10, by inserting after

"COMMONWEALTH," "

in preliminary provisions, providing for construction;

Amend Bill, page 1, line 13, by inserting after "PROGRAMS, "

for eligibility,

Amend Bill, page 3, lines 14 through 19, by striking out all

of said lines and inserting

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 104. Construction.--A reference in this act, another

statute or a regulation to general assistance shall refer to

emergency relief or general assistance-related categorically

needy medical assistance as those terms are defined in section

402.

Section 2. Section 402 introductory paragraph and the

definition of "general assistance" of the act, amended June 30,

2012 (P.L.668, No.80), amendment declared unconstitutional, 188

A.3d 1135, (Pa. 2018), are amended and the section is amended by

adding definitions to read:

Amend Bill, page 3, by inserting between lines 22 and 23

"Emergency relief" means assistance in the form of cash

granted under the provisions of section 432(3.1).

Amend Bill, page 3, lines 26 and 27, by striking out "FOR

PERSONS WHO MEET THE REQUIREMENTS UNDER " and inserting

granted under the provisions of

Amend Bill, page 4, by inserting between lines 12 and 13

Section 2.1. Section 432 introductory paragraph and (3)

introductory paragraph of the act are amended and the section is

amended by adding a paragraph to read:

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Section 432. Eligibility.--Except as hereinafter otherwise

provided, and subject to the rules, regulations, and standards

established by the department, both as to eligibility for

assistance and as to its nature and extent, needy persons of the

classes defined in clauses (1), (2), [and] (3) and (3.1) shall

be eligible for assistance:

* * *

(3) Other persons who are citizens of the United States, or

lawfully admitted aliens who are eligible for general

[assistance] assistance-related categorically needy medical

assistance under this clause.

* * *

(3.1) Other persons who are citizens of the United States or

lawfully admitted aliens who are eligible for emergency relief

under this clause.

(i) Persons who may be eligible for emergency relief for an

indeterminate period of time as a result of medical, social or

related circumstances shall be limited to:

(A) A veteran who has been assessed by a physician,

psychiatrist or psychologist as having a disability or

behavioral health disorder incurred in or exacerbated by active

military service that temporarily or permanently precludes the

veteran from obtaining or retaining gainful employment. The

disability or disorder resulting from active military service

may be established by a statement from the veteran's physician,

psychiatrist or psychologist or from a proper military authority

that has actual documented knowledge of the veteran's disability

or behavioral health disorder. For the purposes of this unit,

the term "veteran" shall mean an individual who served in the

armed forces of the United States, including a reserve component

or the National Guard, who retired or was discharged, released

or separated from active military service under conditions other

than dishonorable.

(B) A caretaker of a veteran described under unit (A) who

needs personal care services because the veteran cannot perform

one or more activities of daily living or who needs supervision

or protection due to permanent neurological impairment or

physical injury. A veteran described under unit (A) may appoint

one primary caretaker and one secondary caretaker to serve as

backup support or to relieve the primary caretaker when

necessary.

individual who is eighteen through twenty years of age and

attends a secondary or equivalent vocational or technical school

fulltime and may reasonably be expected to complete the program

before reaching twenty-one years of age.

(D) Persons who are parents residing in two-parent household

with their child who is under thirteen years of age or who is is

thirteen years of age or older and has a verified disability.

Every possible effort shall be made by the department to place

these persons in the Temporary Assistance for Needy Families

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(TANF) program.

(E) A person who has been assessed by a physician,

psychiatrist or psychologist as having a disability or

behavioral health disorder that temporarily or permanently

precludes the person from obtaining or retaining gainful

employment. The disability or disorder must be verified and

established by written documentation in a form prescribed by the

department and must be based on acceptable clinical and

laboratory diagnostic techniques. The department may also

require the applicant or recipient to submit to an independent

examination as a condition of receiving emergency relief. An

applicant or recipient with a disability or disorder which is

temporary in nature shall pursue appropriate treatment as a

condition of receiving relief.

(F) A person who is a nonparental caretaker of a child under

thirteen years of age or a caretaker of another person because

of illness or disability. The child or other person for whom the

person is a caretaker must be a member of the household and the

caretaker must be a person whose presence is required in the

home to care for another person as determined in accordance with

department regulations. A person shall be eligible for emergency

relief under this unit if there is another adult in the

household who is capable of providing the care without emergency

relief under this unit.

(G) A person who is currently undergoing active treatment

for a substance use disorder, including opioid use disorder, in

a drug and alcohol program licensed or approved by the

Department of Health or the Department of Drug and Alcohol

Programs or administered by an agency of the Federal Government

that precludes the person from any form of employment in

accordance with standards established by the department. Persons

eligible under this clause may not receive general assistance

under this clause for more than nine months of the person's

lifetime.

(H) A pregnant woman.

(I) A victim of domestic violence, sexual assault or

stalking who is receiving protective services as defined by the

department. Persons eligible under this clause may not receive

general assistance under this clause for more than nine months

of the person's lifetime.

(ii) Applicants for emergency relief shall be required to

apply for benefits under Federal programs for which they may be

eligible before receiving emergency relief and shall cooperate

with the department as required under, and shall otherwise

comply with, section 432.21. Grant of emergency relief under

this clause shall continue as long as the person remains

eligible. The department shall redetermine eligibility on at

least an annual basis, and persons shall be required to seek

employment, accept any offer of employment and maintain

employment as conditions of eligibility except as otherwise

exempt under section 405.1(a.3).

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* * *

Amend Bill, page 15, by inserting between lines 7 and 8

(1) The following shall take effect immediately:

(i) This section.

(ii) The amendment of section 432 of the act.

Amend Bill, page 15, line 8, by striking out "(1)" and

inserting

(2)

Amend Bill, page 15, line 11, by striking out "(2)" and

inserting

(3)

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