PRIOR PRINTER'S NO. 107 PRINTER'S NO. 2234
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 20070H0083B2234 - 12 -
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. A18L67BIL/20070H0083B2234 - 13 -