THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY CRUZ, YOUNGBLOOD, PALLONE, PAYTON, MAHER, SIPTROTH, BUXTON, CALTAGIRONE, KIRKLAND, DEASY, THOMAS, BROWN AND JOSEPHS, FEBRUARY 11, 2009

REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES, FEBRUARY 11, 2009  

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,

further providing for administration of assistance and for

additional services for medically needy recipients; and

abrogating a regulation.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 403(b) of the act of June 13, 1967 (P.L.

31, No.21), known as the Public Welfare Code, amended May 16,

1996 (P.L.175, No.35), is amended to read:

Section 403.  Uniformity in Administration of Assistance;

Regulations as to Assistance.--* * *

(b)  The department shall establish rules, regulations and

standards, consistent with the law, as to eligibility for

assistance and as to its nature and extent. The department is

authorized to seek waivers from the Federal Government to

enhance consistency between Federal program standards,

requirements or procedures. This shall not be interpreted to

require the department to seek waivers to achieve consistency

among standards, requirements or procedures in Federal programs,

except as specifically required under other provisions in this

article. Whenever possible, except for residency requirements

for general assistance, and consistent with State law, the

department shall establish rules, regulations and standards for

general assistance consistent with those established for aid to

families with dependent children. In no instance shall the

rules, regulations and standards established for general

assistance provide for assistance greater than that provided for

aid to families with dependent children. If three or more

general assistance recipients reside together in the same

household, their income eligibility and cash assistance shall be

no greater than income eligibility and cash assistance from aid

to families with dependent children for a household of the same

size. Regulations under this subsection shall provide for a

personal needs allowance deduction of fifty dollars ($50) from

the gross income of an individual eligible for medical

assistance. The secretary or a written designee is the only

person authorized to adopt regulations, orders, or standards of

general application to implement, interpret, or make specific

the law administered by the department. The secretary shall

issue interim regulations whenever changes in Federal laws and

regulations supersede existing statutes. In adopting

regulations, orders, or standards of general application, the

secretary shall strive for clarity of language which may be

readily understood by those administering assistance and by

those who apply for or receive assistance. For the purpose of

this subsection, the term "household" does not include single-

room occupancy residences, rooming houses, nonprofit residential

programs or personal care facilities receiving charitable

funding or Federal, State or local government funding.

* * *

Section 2.  Section 442.2 of the act, added June 16, 1994

(P.L.319, No.49), is amended to read:

Section 442.2.  Additional Services for Certain Medically

Needy Recipients.--In addition to other services provided to the

medically needy:

(1)  Persons who receive or are eligible for chronically

needy general assistance pursuant to section 432(3)(i) shall

receive coverage for prescribed medications.

(2)  Recipients in general assistance-related categories

whose benefits are funded at least in part by the Federal

Government may receive such additional medical benefits as are

federally funded. The department shall publish notice of such

additional services in the Pennsylvania Bulletin.

(3)  Persons who are eligible for public assistance shall be

eligible for a hearing aid sold in accordance with section 403

of the act of November 24, 1976 (P.L.1182, No.262), known as the

"Hearing Aid Sales Registration Law."

Section 3.  The provisions of 55 Pa. Code § 181.452(d)(1)(i)

are abrogated.

Section 4.  This act shall take effect in 60 days.