PRINTER'S NO. 3856
No. 2583 Session of 2008
INTRODUCED BY MARSHALL, BELFANTI, BEYER, BRENNAN, CALTAGIRONE,
CAPPELLI, CLYMER, DENLINGER, J. EVANS, FRANKEL, GEORGE,
GINGRICH, GOODMAN, HARKINS, HENNESSEY, HUTCHINSON, KENNEY,
KULA, MANN, MILNE, MOYER, MURT, PICKETT, PYLE, READSHAW,
REICHLEY, ROCK, SAYLOR, SCAVELLO, SIPTROTH, SONNEY, STERN,
J. TAYLOR, THOMAS, VULAKOVICH, WATSON AND YOUNGBLOOD,
JUNE 4, 2008
REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES, JUNE 4, 2008
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," further providing for
4 public assistance eligibility.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 432(2) of the act of June 13, 1967
8 (P.L.31, No.21), known as the Public Welfare Code, amended May
9 16, 1996 (P.L.175, No.35), is amended to read:
10 Section 432. Eligibility.--Except as hereinafter otherwise
11 provided, and subject to the rules, regulations, and standards
12 established by the department, both as to eligibility for
13 assistance and as to its nature and extent, needy persons of the
14 classes defined in clauses (1), (2), and (3) shall be eligible
15 for assistance:
16 * * *
1 (2) Persons who are eligible for State supplemental
2 assistance.
3 (i) State supplemental assistance shall be granted to
4 persons who receive Federal supplemental security income for the
5 aged, blind and disabled pursuant to Title XVI of the Federal
6 Social Security Act.
7 (ii) State supplemental assistance shall also be granted to
8 persons who are aged, blind and disabled, as defined in Title
9 XVI of the Federal Social Security Act, and whose income,
10 pursuant to the standards and income disregards of Title XVI of
11 the Social Security Act, is less than the combined income of the
12 Federal payments under the supplemental security income program
13 and the State supplemental assistance payments established
14 pursuant to the provisions of this act.
15 (iii) In establishing the amounts of the State supplemental
16 assistance, the department shall consider the funds certified by
17 the Budget Secretary as available for State supplemental
18 assistance, pertinent Federal legislation and regulation, the
19 cost-of-living and the number of persons who may be eligible.
20 For an individual who is eligible under paragraph (i) and who is
21 a resident of a personal care home, the department shall do all
22 of the following:
23 (A) Increase by fifteen dollars ($15) per day the amount of
24 State supplemental assistance the individual is receiving as of
25 March 31, 2008.
26 (B) Annually, by November 15, determine and transmit to the
27 Legislative Reference Bureau for publication in the Pennsylvania
28 Bulletin the percentage increase in State supplemental
29 assistance based on the increase in the Consumer Price Index for
30 Urban Wage Earners.
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1 (C) Annually, by July 1, increase State supplemental
2 assistance by the percentage determined in subparagraph (B).
3 (iv) Beneficiaries of State supplemental assistance shall be
4 eligible for cash State financial assistance to cover the cost
5 of special needs as defined by statute and regulations
6 promulgated under this act.
7 (v) After the amounts of assistance payments have been
8 determined by the department with the approval of the Governor
9 and General Assembly, the amounts of assistance payments shall
10 not be reduced as a consequence of assistance increases,
11 including but not limited to cost-of-living increases, provided
12 through Federal legislation.
13 (vi) After the amounts of assistance payments have been
14 determined by the department with the approval of the Governor
15 and General Assembly, the amounts of assistance payments shall
16 not be increased without the approval of the General Assembly in
17 accordance with the procedure established by the act of April 7,
18 1955 (P.L.23, No.8) known as the "Reorganization Act of 1955,"
19 and a message to the General Assembly from the Governor for the
20 purposes of executing such function shall be transmitted as in
21 other cases under the Reorganization Act.
22 * * *
23 Section 2. Regulations, policy statements and orders of the
24 Department of Public Welfare which are contrary to the amendment
25 of section 432(2) of the act are abrogated to the extent of the
26 inconsistency.
27 Section 3. This act shall take effect in 60 days.
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