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        PRIOR PRINTER'S NO. 107                       PRINTER'S NO. 2234

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 83 Session of 2007


        INTRODUCED BY DeLUCA, COHEN, CURRY, FREEMAN, GRUCELA, JAMES,
           JOSEPHS, McGEEHAN, PALLONE, PETRONE, M. SMITH, WALKO,
           YOUNGBLOOD, CALTAGIRONE, MACKERETH, TURZAI, BENNINGHOFF,
           CAPPELLI, DENLINGER, ELLIS, GABIG, GINGRICH, GRELL,
           HUTCHINSON, KAUFFMAN, MARSICO, McILHATTAN, MOUL, PERRY,
           PICKETT, QUIGLEY, RAPP, REED, REICHLEY, SCAVELLO,
           R. STEVENSON AND BROOKS, JANUARY 30, 2007

        AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
           JULY 5, 2007

                                     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," PROVIDING FOR REPORTING     <--
     4     REQUIREMENTS; FURTHER PROVIDING FOR ASSISTANCE RECIPIENT
     5     IDENTIFICATION PROGRAM; PROVIDING FOR INCOME ELIGIBILITY
     6     VERIFICATION SYSTEM; FURTHER PROVIDING FOR LOCAL
     7     ADMINISTRATION OF ASSISTANCE; PROVIDING FOR FRAUD DETECTION
     8     SYSTEM AND FOR RESIDENCY AND COUNTY ASSISTANCE OFFICES; AND
     9     requiring the Department of Public Welfare to provide
    10     personal care home information on the department's Internet
    11     website.

    12     The General Assembly of the Commonwealth of Pennsylvania
    13  hereby enacts as follows:
    14     Section 1.  The act of June 13, 1967 (P.L.31, No.21), known
    15  as the Public Welfare Code, is amended by adding a section to
    16  read:
    17     SECTION 409.1.  DOCUMENTS SUBMITTED.--(A)  NO LATER THAN       <--
    18  NOVEMBER 30 OF EACH YEAR THE SECRETARY SHALL SUBMIT TO THE STATE
    19  TREASURER, THE OFFICERS OF THE GENERAL ASSEMBLY AND THE


     1  INSPECTOR GENERAL A COPY OF THE FOLLOWING DOCUMENTS WHICH THE
     2  DEPARTMENT SUBMITS TO THE FEDERAL DEPARTMENT OF HEALTH AND HUMAN
     3  SERVICES UNDER TANF FOR THE FEDERAL FISCAL YEAR ENDING SEPTEMBER
     4  30:
     5     (1)  WORK VERIFICATION PLAN.
     6     (2)  QUARTERLY REPORTS SUBMITTED IN ACCORDANCE WITH 45 CFR
     7  265.3 (RELATING TO WHAT REPORTS MUST THE STATE FILE ON A
     8  QUARTERLY BASIS?).
     9     (3)  ANNUAL REPORT.
    10     (4)  ANY OTHER DOCUMENTS SUBMITTED IN ACCORDANCE WITH 45 CFR
    11  PT. 265 (RELATING TO DATA COLLECTION AND REPORTING REQUIREMENTS)
    12  WHICH THE COMMONWEALTH SUBMITS TO THE FEDERAL DEPARTMENT OF
    13  HEALTH AND HUMAN SERVICES SO THAT IT CAN DETERMINE WHETHER THE
    14  COMMONWEALTH HAS MET THE MANDATORY WORK PARTICIPATION
    15  REQUIREMENTS OF TANF AS SET FORTH IN 45 CFR 261.21 (RELATING TO
    16  WHAT OVERALL WORK RATE MUST A STATE MEET?) AND 261.23 (RELATING
    17  TO WHAT TWO-PARENT WORK RATE MUST A STATE MEET?).
    18     (B)  THE SECRETARY SHALL POST A COPY OF THE DOCUMENTS SET
    19  FORTH UNDER SUBSECTION (A) ON THE DEPARTMENT'S INTERNET WEBSITE
    20  AT THE SAME TIME THE SECRETARY SUBMITS THE DOCUMENTS TO THE
    21  STATE TREASURER, THE OFFICERS OF THE GENERAL ASSEMBLY AND THE
    22  INSPECTOR GENERAL.
    23     (C)  NO LATER THAN SEPTEMBER 30 OF EACH YEAR, THE SECRETARY
    24  SHALL SUBMIT TO THE STATE TREASURER, THE OFFICERS OF THE GENERAL
    25  ASSEMBLY AND THE INSPECTOR GENERAL INFORMATION REGARDING
    26  CASELOADS AND WORK-RELATED ACTIVITY WITH RESPECT TO GENERAL
    27  ASSISTANCE FOR THE FISCAL YEAR ENDING JUNE 30. IN ADDITION, THE
    28  DEPARTMENT SHALL POST ON ITS INTERNET WEBSITE THE INFORMATION
    29  REGARDING CASELOADS AND WORK-RELATED ACTIVITY AT THE SAME TIME
    30  THAT THE SECRETARY SUBMITS THIS INFORMATION TO THE STATE
    20070H0083B2234                  - 2 -     

     1  TREASURER, OFFICERS OF THE GENERAL ASSEMBLY AND INSPECTOR
     2  GENERAL. THE INFORMATION WHICH SHALL BE SUBMITTED AND POSTED MAY
     3  BE THE TYPE SUBMITTED BY THE DEPARTMENT TO THE FEDERAL
     4  DEPARTMENT OF HEALTH AND HUMAN SERVICES PURSUANT TO 45 CFR 260
     5  (RELATING TO GENERAL TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
     6  (TANF) PROVISIONS), 261 (RELATING TO ENSURING THAT RECIPIENTS
     7  WORK), 262 (RELATING TO ACCOUNTABILITY PROVISIONS--GENERAL), 263
     8  (RELATING TO EXPENDITURES OF STATE AND FEDERAL TANF FUNDS), 264
     9  (RELATING TO OTHER ACCOUNTABILITY PROVISIONS) AND 265 (RELATING
    10  TO DATA COLLECTION AND REPORTING REQUIREMENTS).
    11     (D)  AS USED IN THIS SECTION:
    12     "ANNUAL REPORT" MEANS THE REPORT THE DEPARTMENT OF PUBLIC
    13  WELFARE FILES WITH THE FEDERAL DEPARTMENT OF HEALTH AND HUMAN
    14  SERVICES PURSUANT TO 45 CFR 265.9 (RELATING TO WHAT INFORMATION
    15  MUST THE STATE FILE ANNUALLY?).
    16     "OFFICERS OF THE GENERAL ASSEMBLY" MEANS THE PRESIDENT PRO
    17  TEMPORE OF THE SENATE, THE MAJORITY LEADER OF THE SENATE, THE
    18  MINORITY LEADER OF THE SENATE, THE CHAIRMAN OF THE PUBLIC HEALTH
    19  AND WELFARE COMMITTEE OF THE SENATE, THE MINORITY CHAIRMAN OF
    20  THE PUBLIC HEALTH AND WELFARE COMMITTEE OF THE SENATE, THE
    21  CHAIRMAN OF THE APPROPRIATIONS COMMITTEE OF THE SENATE, THE
    22  MINORITY CHAIRMAN OF THE APPROPRIATIONS COMMITTEE OF THE SENATE,
    23  THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, THE MAJORITY LEADER
    24  OF THE HOUSE OF REPRESENTATIVES, THE MINORITY LEADER OF THE
    25  HOUSE OF REPRESENTATIVES, THE CHAIRMAN OF THE HEALTH AND HUMAN
    26  SERVICES COMMITTEE OF THE HOUSE OF REPRESENTATIVES, THE MINORITY
    27  CHAIRMAN OF THE HEALTH AND HUMAN SERVICES COMMITTEE OF THE HOUSE
    28  OF REPRESENTATIVES, THE CHAIRMAN OF THE APPROPRIATIONS COMMITTEE
    29  OF THE HOUSE OF REPRESENTATIVES AND THE MINORITY CHAIRMAN OF THE
    30  APPROPRIATIONS COMMITTEE OF THE HOUSE OF REPRESENTATIVES.
    20070H0083B2234                  - 3 -     

     1     "TANF" MEANS AS DEFINED IN 45 CFR 260.30 (RELATING TO WHAT
     2  DEFINITIONS APPLY UNDER THE TANF REGULATIONS?).
     3     "WORK VERIFICATION PLAN" MEANS AS SET FORTH IN 45 CFR
     4  261.62(B) (RELATING TO WHAT MUST A STATE DO TO VERIFY THE
     5  ACCURACY OF ITS WORK PARTICIPATION INFORMATION?), THE DOCUMENT
     6  THE DEPARTMENT OF PUBLIC WELFARE MUST SUBMIT TO THE FEDERAL
     7  DEPARTMENT OF HEALTH AND HUMAN SERVICES TO ENSURE ACCURACY IN
     8  THE REPORTING OF WORK ACTIVITIES BY INDIVIDUALS RECEIVING TANF.
     9     SECTION 2.  SECTION 414 OF THE ACT, AMENDED JUNE 30, 1995
    10  (P.L.129, NO.20), IS AMENDED TO READ:
    11     SECTION 414.  ASSISTANCE RECIPIENT IDENTIFICATION PROGRAM.--
    12  (A)  THE DEPARTMENT IS AUTHORIZED TO CREATE, IN GEOGRAPHIC AREAS
    13  WHERE THE DEPARTMENT DETERMINES IT TO BE COST EFFECTIVE, A
    14  PROGRAM TO BE KNOWN AS THE ASSISTANCE RECIPIENT IDENTIFICATION
    15  PROGRAM.
    16     (B)  THE PURPOSE OF THE PROGRAM IS TO ELIMINATE DUPLICATION
    17  OF ASSISTANCE TO RECIPIENTS, TO DETER FRAUD AND TO ASSIST LAW
    18  ENFORCEMENT OFFICIALS IN THEIR DUTIES.
    19     (D)  A PERSON CURRENTLY RECEIVING OR APPLYING FOR ASSISTANCE
    20  SHALL PARTICIPATE IN THE PROGRAM. THE PERSON SHALL BE IDENTIFIED
    21  USING AVAILABLE TECHNOLOGICAL MEANS THAT SHALL INCLUDE PLACING A
    22  PHOTOGRAPH UPON EACH ELECTRONIC BENEFITS TRANSFER CARD AND ANY
    23  OTHER BENEFIT CARD AND THAT MAY INCLUDE, BUT ARE NOT LIMITED TO,
    24  TWO-DIGIT FINGERIMAGING.
    25     (E)  THE DEPARTMENT, WHEREVER FEASIBLE, SHALL WORK WITH
    26  NEIGHBORING STATES TO EXECUTE AGREEMENTS BETWEEN EACH OF THOSE
    27  STATES AND THE COMMONWEALTH TO IMPLEMENT COMPATIBLE COMPUTER
    28  CROSS-MATCHING IDENTIFICATION SYSTEMS.
    29     (F)  IT IS A VIOLATION FOR A PERSON IN THE PROGRAM TO ACQUIRE
    30  OR ATTEMPT TO ACQUIRE DUPLICATION OF ASSISTANCE.
    20070H0083B2234                  - 4 -     

     1     (G)  ABSENT A COURT ORDER, ONLY THE DEPARTMENT, THE
     2  PENNSYLVANIA STATE POLICE AND THE PENNSYLVANIA BOARD OF
     3  PROBATION AND PAROLE, THE CHIEF OF A LOCAL MUNICIPAL POLICE
     4  DEPARTMENT OR HIS DESIGNEE WITHIN THE DEPARTMENT, INCLUDING THE
     5  SHERIFF'S OFFICE IN COUNTIES OF THE SECOND CLASS, AND THE
     6  DESIGNATED OFFICIALS OF NEIGHBORING STATES WITH WHOM THE
     7  DEPARTMENT EXECUTES AGREEMENTS UNDER SUBSECTION (E) SHALL HAVE
     8  ACCESS TO RECORDS UNDER THIS PROGRAM.
     9     (H)  THE DEPARTMENT SHALL MAKE A REPORT TO THE GENERAL
    10  ASSEMBLY NO LATER THAN MARCH 1, 1996, AND EVERY TWO YEARS
    11  THEREAFTER. EACH REPORT SHALL INCLUDE:
    12     (1)  CASELOAD DATA BEFORE IMPLEMENTATION OF THIS SECTION AS
    13  WELL AS AFTER ONE YEAR FOR COMPARISON PURPOSES TO JUDGE THE
    14  PROGRAM'S EFFECTIVENESS AT FRAUD DETERRENCE.
    15     (2)  ATTEMPTS AT AND INSTANCES OF MULTIPLE ENROLLMENT BY
    16  PERSONS.
    17     (3)  ANALYSIS OF THE COST-EFFECTIVENESS OF THE PROJECT.
    18     (4)  RECOMMENDATIONS REGARDING WHETHER THE PROGRAM SHOULD BE
    19  DISCONTINUED, EXPANDED OR OTHERWISE MODIFIED.
    20     (I)  AS USED IN THIS SECTION, THE TERM "PROGRAM" MEANS THE
    21  ASSISTANCE RECIPIENT IDENTIFICATION PROGRAM.
    22     SECTION 3.  THE ACT IS AMENDED BY ADDING A SECTION TO READ:
    23     SECTION 414.1.  INCOME ELIGIBILITY VERIFICATION SYSTEM.--(A)
    24  THE DEPARTMENT SHALL ESTABLISH A COMPUTERIZED INCOME ELIGIBILITY
    25  VERIFICATION SYSTEM IN ORDER TO ELIMINATE DUPLICATION OF
    26  ASSISTANCE AND DETER FRAUD.
    27     (B)  THE DEPARTMENT SHALL REQUIRE THAT AS A CONDITION OF
    28  RECEIVING ASSISTANCE APPLICANTS AND RECIPIENTS SUPPLY THEIR
    29  SOCIAL SECURITY NUMBERS. THE DEPARTMENT SHALL MATCH THE SOCIAL
    30  SECURITY NUMBER OF EACH APPLICANT AND RECIPIENT WITH THE
    20070H0083B2234                  - 5 -     

     1  FOLLOWING:
     2     (1)  UNEARNED INCOME INFORMATION MAINTAINED BY THE INTERNAL
     3  REVENUE SERVICE.
     4     (2)  EMPLOYER QUARTERLY REPORTS OF INCOME AND UNEMPLOYMENT
     5  INSURANCE BENEFIT PAYMENT INFORMATION MAINTAINED BY THE STATE
     6  WAGE INFORMATION COLLECTION AGENCY.
     7     (3)  EARNED INCOME INFORMATION MAINTAINED BY THE SOCIAL
     8  SECURITY ADMINISTRATION.
     9     (4)  IMMIGRATION STATUS INFORMATION MAINTAINED BY THE
    10  CITIZENSHIP AND IMMIGRATION SERVICES.
    11     (5)  DEATH REGISTER INFORMATION MAINTAINED BY THE SOCIAL
    12  SECURITY ADMINISTRATION.
    13     (6)  PRISONER INFORMATION MAINTAINED BY THE SOCIAL SECURITY
    14  ADMINISTRATION.
    15     (7)  PUBLIC HOUSING AND SECTION 8 PAYMENT INFORMATION
    16  MAINTAINED BY THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
    17     (8)  NATIONAL FLEEING FELON INFORMATION MAINTAINED BY FEDERAL
    18  BUREAU OF INVESTIGATION.
    19     (9)  WAGE REPORTING AND SIMILAR INFORMATION MAINTAINED BY
    20  STATES CONTIGUOUS TO THIS COMMONWEALTH.
    21     (10)  BENEFICIARY DATA EXCHANGE (BENDEX) TITLE H DATABASE
    22  MAINTAINED BY THE SOCIAL SECURITY ADMINISTRATION.
    23     (11)  BENEFICIARY EARNINGS EXCHANGE REPORT (BEER) DATABASE
    24  MAINTAINED BY THE SOCIAL SECURITY ADMINISTRATION.
    25     (12)  STATE NEW HIRE DATABASE MAINTAINED BY THE COMMONWEALTH.
    26     (13)  NATIONAL NEW HIRE DATABASE MAINTAINED BY THE FEDERAL
    27  GOVERNMENT.
    28     (14)  STATE DATA EXCHANGE (SDX) DATABASE MAINTAINED BY THE
    29  SOCIAL SECURITY ADMINISTRATION.
    30     (15)  VETERANS BENEFITS AND VETERANS MEDICAL (PARIS)
    20070H0083B2234                  - 6 -     

     1  MAINTAINED BY THE DEPARTMENT OF VETERANS AFFAIRS WITH
     2  COORDINATION THROUGH THE DEPARTMENT OF HEALTH AND HUMAN
     3  SERVICES.
     4     (16)  DAY CARE SUBSIDY PAYMENTS MAINTAINED BY THE
     5  COMMONWEALTH.
     6     (17)  LOW INCOME HOME ENERGY ASSISTANCE PROGRAM REPORTING
     7  UTILITY EXPENSES MAINTAINED BY THE COMMONWEALTH.
     8     (18)  A DATABASE WHICH IS SUBSTANTIALLY SIMILAR TO OR A
     9  SUCCESSOR OF A DATABASE SET FORTH IN THIS SUBSECTION.
    10     (19)  THE DATABASE OF ALL PERSONS WHO CURRENTLY HOLD A
    11  LICENSE, PERMIT OR CERTIFICATE FROM A COMMONWEALTH AGENCY THE
    12  COST OF WHICH EXCEEDS ONE THOUSAND DOLLARS ($1,000).
    13     (C)  NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,
    14  THE INCOME ELIGIBILITY VERIFICATION SYSTEM SHALL BE UTILIZED FOR
    15  AN APPLICANT AT THE TIME OF APPLICATION FOR ASSISTANCE AND FOR A
    16  RECIPIENT ON A QUARTERLY BASIS.
    17     (D)  THE DEPARTMENT SHALL NOTIFY EACH APPLICANT AND RECIPIENT
    18  OF THE REQUIREMENT OF PROVIDING A SOCIAL SECURITY NUMBER AT THE
    19  TIME OF APPLICATION FOR ASSISTANCE AND AS OTHERWISE REQUIRED
    20  UNDER THE PROVISIONS OF THIS SECTION.
    21     (E)  IF A SIGNIFICANT DISCREPANCY RESULTS BETWEEN THE
    22  APPLICANT'S OR A RECIPIENT'S SOCIAL SECURITY NUMBER AND ONE OR
    23  MORE OF THE DATABASES SET FORTH IN SUBSECTION (B), THE
    24  DEPARTMENT SHALL REVIEW THE APPLICANT'S OR RECIPIENT'S CASE, AS
    25  APPROPRIATE, AND SHALL INVESTIGATE THE CIRCUMSTANCES TO CONFIRM
    26  ELIGIBILITY OF THE APPLICANT OR RECIPIENT UTILIZING THE
    27  PROCEDURE SET FORTH IN SUBSECTION (F).
    28     (F)  THE DEPARTMENT SHALL INSTITUTE THE FOLLOWING PROCEDURE
    29  TO INVESTIGATE THE CIRCUMSTANCES OF A SIGNIFICANT DISCREPANCY:
    30     (1)  IF THE INFORMATION DISCOVERED UNDER SUBSECTION (B) DOES
    20070H0083B2234                  - 7 -     

     1  NOT RESULT IN INELIGIBILITY OR MODIFICATION OF THE AMOUNT OR
     2  TYPE OF ASSISTANCE, THE DEPARTMENT SHALL TAKE NO FURTHER ACTION.
     3     (2)  IF PARAGRAPH (1) DOES NOT APPLY AND A SIGNIFICANT
     4  DISCREPANCY RESULTS FROM THE MATCH BETWEEN THE APPLICANT'S OR
     5  RECIPIENT'S SOCIAL SECURITY NUMBER AND ONE OR MORE OF THE
     6  DATABASES IN SUBSECTION (B), THE APPLICANT OR THE RECIPIENT, AS
     7  APPROPRIATE, SHALL BE GIVEN AN OPPORTUNITY TO EXPLAIN THE
     8  DISCREPANCY. THE DEPARTMENT SHALL PROVIDE WRITTEN NOTICE TO THE
     9  APPLICANT OR RECIPIENT WHICH SHALL DESCRIBE IN SUFFICIENT DETAIL
    10  THE CIRCUMSTANCES OF THE DISCREPANCY, THE OPPORTUNITY TO RESOLVE
    11  IT, THE MANNER IN WHICH IT MAY BE RESOLVED AND THE CONSEQUENCES
    12  OF FAILING TO TAKE ACTION. THE EXPLANATION OF THE RECIPIENT OR
    13  APPLICANT MAY BE GIVEN OVER THE TELEPHONE, AS SET FORTH IN
    14  SUBSECTION (I), IN PERSON OR IN WRITING. AFTER RECEIVING THE
    15  EXPLANATION, THE DEPARTMENT MAY REQUEST ADDITIONAL DOCUMENTATION
    16  IF IT DETERMINES THAT THERE IS A SUBSTANTIAL RISK OF FRAUD.
    17     (3)  IF THE APPLICANT OR RECIPIENT, AS APPROPRIATE, DOES NOT
    18  RESPOND TO THE NOTICE, THE DEPARTMENT MAY DENY ASSISTANCE FOR
    19  FAILURE TO COOPERATE, IN WHICH CASE THE DEPARTMENT SHALL PROVIDE
    20  NOTICE OF INTENT TO DISCONTINUE ASSISTANCE. ELIGIBILITY FOR
    21  ASSISTANCE SHALL NOT BE REESTABLISHED UNTIL THE SIGNIFICANT
    22  DISCREPANCY HAS BEEN RESOLVED.
    23     (4)  IF AN APPLICANT OR RECIPIENT DISAGREES WITH THE FINDINGS
    24  OF THE MATCH BETWEEN HIS OR HER SOCIAL SECURITY NUMBER AND ONE
    25  OR MORE DATABASE, THE DEPARTMENT SHALL REINVESTIGATE THE MATTER,
    26  AND IF THE DEPARTMENT FINDS THAT THERE HAS BEEN AN ERROR, THE
    27  DEPARTMENT SHALL TAKE IMMEDIATE ACTION TO CORRECT IT AND NO
    28  FURTHER ACTION SHALL BE TAKEN. IF, AFTER INVESTIGATION, THE
    29  DEPARTMENT DETERMINES THAT THERE IS NO ERROR, THE DEPARTMENT
    30  SHALL DETERMINE THE EFFECT OF THE MATCH ON THE APPLICANT'S OR
    20070H0083B2234                  - 8 -     

     1  RECIPIENT'S CASE AND TAKE APPROPRIATE ACTION. WRITTEN NOTICE OF
     2  THE DEPARTMENT'S ACTION SHALL BE GIVEN TO THE APPLICANT OR
     3  RECIPIENT.
     4     (5)  IF THE APPLICANT OR RECIPIENT AGREES WITH THE FINDINGS
     5  OF THE MATCH BETWEEN THE APPLICANT'S OR RECIPIENT'S SOCIAL
     6  SECURITY NUMBER AND ONE OR MORE DATABASE, THE DEPARTMENT SHALL
     7  DETERMINE THE EFFECT ON THE APPLICANT'S OR RECIPIENT'S CASE AND
     8  TAKE APPROPRIATE ACTION. WRITTEN NOTICE OF THE DEPARTMENT'S
     9  ACTION SHALL BE GIVEN TO THE APPLICANT OR RECIPIENT.
    10     (6)  IF THE FINDINGS OF A MATCH BETWEEN THE APPLICANT'S OR
    11  RECIPIENT'S SOCIAL SECURITY NUMBER AND ONE OR MORE DATABASE
    12  RESULT IN NO CHANGE IN ELIGIBILITY OR OVERPAYMENT, THE
    13  DEPARTMENT SHALL TAKE NO FURTHER ACTION.
    14     (G)  THE DEPARTMENT MAY REVIEW AND INVESTIGATE A CASE WHEN
    15  THERE IS A MATCH BETWEEN THE SOCIAL SECURITY NUMBER AND ONE OR
    16  MORE DATABASE WHICH DOES NOT RESULT IN A SIGNIFICANT
    17  DISCREPANCY. IN SUCH A CASE, THE DEPARTMENT SHALL UTILIZE THE
    18  PROCEDURE IN SUBSECTION (F).
    19     (H)  IN NO CASE SHALL THE DEPARTMENT DISCONTINUE OR MODIFY
    20  THE AMOUNT OR TYPE OF ASSISTANCE SOLELY AS A RESULT OF A MATCH
    21  BETWEEN THE APPLICANT'S OR RECIPIENT'S SOCIAL SECURITY NUMBER
    22  AND ONE OR MORE DATABASE. NOTHING IN THIS SUBSECTION SHALL BE
    23  CONSTRUED TO LIMIT THE RIGHT OF APPEAL PROVIDED BY LAW.
    24     (I)  THE DEPARTMENT SHALL ESTABLISH A SINGLE STATEWIDE TOLL-
    25  FREE TELEPHONE NUMBER AND CALL CENTER TO BE USED BY APPLICANTS
    26  AND RECIPIENTS IN ORDER TO RESOLVE DISCREPANCIES. THE CALL
    27  CENTER SHALL HAVE SUFFICIENT CAPACITY AND STAFF TO PROMPTLY
    28  HANDLE INCOMING TELEPHONE CALLS AND THE DEPARTMENT SHALL ASSIGN
    29  SUFFICIENT NUMBERS OF CASE WORKERS TO ENABLE THE DEPARTMENT TO
    30  MAKE PROMPT ELIGIBILITY DETERMINATIONS UNDER THIS SECTION.
    20070H0083B2234                  - 9 -     

     1     (J)  NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS
     2  SECTION AND EVERY YEAR THEREAFTER, THE DEPARTMENT SHALL PROVIDE
     3  A WRITTEN REPORT TO THE GOVERNOR, THE GENERAL ASSEMBLY AND THE
     4  INSPECTOR GENERAL DETAILING THE RESULTS ACHIEVED UNDER THIS
     5  SECTION AND THE AMOUNT OF CASE CLOSURES AND SAVINGS THAT
     6  RESULTED.
     7     (K)  AS USED IN THIS SECTION, THE FOLLOWING WORDS AND PHRASES
     8  SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SUBSECTION:
     9     "SIGNIFICANT DISCREPANCY"  MEANS INFORMATION REGARDING
    10  ASSETS, INCOME, RESOURCES OR STATUS OF AN APPLICANT OR RECIPIENT
    11  OF ASSISTANCE, DERIVED FROM ONE OR MORE OF THE DATABASES IN
    12  SUBSECTION (B), WHICH GIVES THE DEPARTMENT GROUNDS TO SUSPECT
    13  THAT EITHER:
    14     (I)  AN APPLICANT OR RECIPIENT IS INELIGIBLE TO RECEIVE
    15  ASSISTANCE, UNDER FEDERAL OR STATE LAW; OR
    16     (II)  THE ASSETS, INCOME OR RESOURCES OF AN APPLICANT OR
    17  RECIPIENT ARE AT LEAST, IN TERMS OF A DOLLAR AMOUNT, TWENTY-FIVE
    18  PERCENT GREATER THAN THE DOLLAR AMOUNT REFLECTED IN THE
    19  INFORMATION THE DEPARTMENT POSSESSES ABOUT THE APPLICANT OR
    20  RECIPIENT WITH RESPECT TO THE APPLICANT'S OR RECIPIENT'S ASSETS,
    21  INCOME OR RESOURCES.
    22     "STATUS"  MEANS THE APPLICANT OR RECIPIENT IS IN THE UNITED
    23  STATES ILLEGALLY, IS NO LONGER LIVING, IS AN INMATE IN A PRISON
    24  OR JAIL OR IS A FLEEING FELON.
    25     SECTION 4.  SECTION 419 OF THE ACT IS AMENDED TO READ:
    26     SECTION 419.  ADMINISTRATION OF ASSISTANCE AND RELATED
    27  FUNCTIONS.--EACH COUNTY BOARD SHALL:
    28     (1)  ADMINISTER PUBLIC ASSISTANCE IN THE COUNTY, AND
    29  DETERMINE THE ELIGIBILITY FOR ASSISTANCE OF APPLICANTS AND
    30  CONTINUED ELIGIBILITY FOR ASSISTANCE OF PERSONS RECEIVING THE
    20070H0083B2234                 - 10 -     

     1  SAME IN ACCORDANCE WITH LAW AND RULES, REGULATIONS AND STANDARDS
     2  ESTABLISHED BY THE DEPARTMENT. THIS PARAGRAPH INCLUDES REQUIRING
     3  PHOTOGRAPHIC IDENTIFICATION UNDER SECTION 414(D) BEFORE
     4  PROVIDING ANY ASSISTANCE.
     5     (2)  TAKE MEASURES TO PROMOTE THE WELFARE AND SELF-DEPENDENCY
     6  OF INDIVIDUALS AND FAMILIES ELIGIBLE FOR ASSISTANCE BY HELPING
     7  THEM TO SECURE REHABILITATIVE, REMEDIAL OR OTHER CONSTRUCTIVE
     8  AID, THROUGH LOCAL COMMUNITY RESOURCES, OR IN THE ABSENCE OR
     9  INADEQUACY OF SUCH RESOURCES, THROUGH DIRECT PROVISION OF SUCH
    10  AID, IN ACCORDANCE WITH RULES, REGULATIONS AND STANDARDS ADOPTED
    11  BY THE DEPARTMENT.
    12     (3)  WITH THE APPROVAL OF THE SECRETARY, SUPERVISE THE
    13  ADMINISTRATION OF AND PROMOTE ANY OTHER PUBLIC FUNCTION RELATED
    14  TO ASSISTANCE, OR THE WORK OF THE DEPARTMENT, OR OF THE COUNTY
    15  BOARD, WHICH MAY BE COMMITTED TO THE COUNTY BOARD BY A POLITICAL
    16  SUBDIVISION OF THE COMMONWEALTH.
    17     SECTION 5.  THE ACT IS AMENDED BY ADDING SECTIONS TO READ:
    18     SECTION 422.1.  FRAUD DETECTION SYSTEM.--WITHIN ONE YEAR OF
    19  THE EFFECTIVE DATE OF THIS SECTION, EACH COUNTY SHALL ESTABLISH
    20  PROCEDURES TO IDENTIFY, INVESTIGATE AND RESOLVE POTENTIAL CASES
    21  OF FRAUD, MISREPRESENTATION OR INADEQUATE DOCUMENTATION PRIOR TO
    22  DETERMINING AN APPLICANT'S ELIGIBILITY FOR ASSISTANCE AND SUBMIT
    23  TO THE DEPARTMENT A PLAN DESCRIBING ITS ANTIFRAUD PROCEDURES.
    24  THE PLAN SHALL ENSURE THAT EVERY CASE IS REVIEWED AND INCLUDE
    25  UTILIZATION OF THE INCOME ELIGIBILITY VERIFICATION SYSTEM
    26  ESTABLISHED IN SECTION 414.1.
    27     SECTION 432.23.  RESIDENCY AND COUNTY ASSISTANCE OFFICES.--
    28  THE FOLLOWING SHALL APPLY TO AN APPLICANT AND A RECIPIENT OF
    29  ASSISTANCE:
    30     (1)  SUBJECT TO CLAUSE (2), FOR A COUNTY WITH ONLY ONE COUNTY
    20070H0083B2234                 - 11 -     

     1  ASSISTANCE OFFICE, AN INDIVIDUAL WHO IS A RESIDENT OF THAT
     2  COUNTY SHALL ONLY APPLY TO OR RECEIVE ASSISTANCE FROM THAT
     3  COUNTY ASSISTANCE OFFICE.
     4     (2)  NOTWITHSTANDING THE PROVISIONS OF CLAUSE (1), AN
     5  INDIVIDUAL WHO LIVES IN A COUNTY WITH ONLY ONE COUNTY ASSISTANCE
     6  OFFICE MAY APPLY FOR OR RECEIVE ASSISTANCE FROM A COUNTY
     7  ASSISTANCE OFFICE WHICH IS LOCATED IN A COUNTY CONTIGUOUS TO THE
     8  INDIVIDUAL'S COUNTY OF RESIDENCE IF THE COUNTY ASSISTANCE OFFICE
     9  IN THE CONTIGUOUS COUNTY IS CLOSER TO THE RESIDENCE OF THE
    10  INDIVIDUAL, BY THE MOST DIRECT TRAVEL ROUTE, THAN THE COUNTY
    11  ASSISTANCE OFFICE IN THE COUNTY IN WHICH THE INDIVIDUAL RESIDES.
    12     (3)  FOR A COUNTY WITH MORE THAN ONE COUNTY ASSISTANCE
    13  OFFICE, AN INDIVIDUAL WHO IS A RESIDENT OF THE COUNTY SHALL ONLY
    14  APPLY FOR OR RECEIVE ASSISTANCE FROM THE COUNTY ASSISTANCE
    15  OFFICE WHICH IS CLOSEST, BY THE MOST DIRECT TRAVEL ROUTE, TO THE
    16  RESIDENCE OF THE APPLICANT.
    17     Section 1088.  Disclosure of Information.--The department
    18  shall maintain and provide to the public on the department's
    19  Internet website the following information relating to personal
    20  care homes:
    21     (1)  The following incidents and conditions reported to the
    22  department by a personal care home as required by regulation:
    23     (i)  A serious bodily injury or trauma requiring treatment at
    24  a hospital or medical facility.
    25     (ii)  A violation of a resident's rights under 55 Pa. Code §
    26  2600.41 (relating to notification of rights and complaint
    27  procedures), 2600.42 (relating to specific rights), 2600.43
    28  (relating to prohibition against deprivation of rights) or
    29  2600.44 (relating to complaint procedures).
    30     (iii)  An unexplained absence of a resident for twenty-four
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     1  hours or more, or when the resident's support plan so provides,
     2  a period of less than twenty-four hours, or an absence of a
     3  resident from a secured dementia care unit.
     4     (iv)  Misuse of a resident's funds by the home's staff
     5  persons or legal entity.
     6     (v)  An outbreak of a serious communicable disease as defined
     7  in 28 Pa. Code § 27.2 (relating to specific identified
     8  reportable diseases, infections and conditions).
     9     (vi)  Food poisoning of residents.
    10     (vii)  A physical or sexual assault by or against a resident.
    11     (viii)  A complaint of resident abuse, suspected resident
    12  abuse or referral of a complaint of resident abuse to a local
    13  authority.
    14     (ix)  A prescription medication error as defined in 55 Pa.
    15  Code § 2600.188 (relating to medication errors).
    16     (x)  A criminal conviction against the legal entity,
    17  administrator or staff that is subsequent to the reporting on
    18  the criminal history checks under 55 Pa. Code § 2600.51
    19  (relating to criminal history checks).
    20     (2)  The following additional information:
    21     (i)  The ratio of direct care staff to residents.
    22     (ii)  The annual staff turnover.
    23     Section 2.  This act shall take effect in 60 days.             <--
    24     SECTION 6.  THIS ACT SHALL TAKE EFFECT AS FOLLOWS:             <--
    25         (1)  THIS SECTION SHALL TAKE EFFECT IMMEDIATELY.
    26         (2)  THE ADDITION OF SECTION 409.1 OF THE ACT SHALL TAKE
    27     EFFECT JULY 1, 2007, OR IMMEDIATELY, WHICHEVER IS LATER.
    28         (3)  THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60
    29     DAYS.

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