THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY WILLIAMS, KITCHEN, FARNESE, WASHINGTON, HUGHES, BLAKE, BREWSTER, COSTA, DINNIMAN, FERLO, FONTANA, KASUNIC, LEACH, STACK, TARTAGLIONE, WOZNIAK, YUDICHAK, SCHWANK AND SOLOBAY, JANUARY 26, 2012

REFERRED TO PUBLIC HEALTH AND WELFARE, JANUARY 26, 2012  

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 programs;

and invalidating actions of the Department of Public Welfare.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 403.1 of the act of June 13, 1967

(P.L.31, No.21), known as the Public Welfare Code, added June

30, 2011 (P.L.89, No.22), is amended to read:

Section 403.1.  Administration of Assistance Programs.--(a)

The department is authorized to establish rules, regulations,

procedures and standards consistent with law as to the

administration of programs providing assistance, including

regulations promulgated under subsection (d), that do any of the

following:

(1)  [Establish standards] Promulgate regulations for

determining eligibility and the nature and extent of assistance.

Regulations under this paragraph may not penalize savings or

ownership of motor vehicles.

(2)  Authorize providers to condition the delivery of care or

services on the payment of applicable copayments.

(3)  Modify existing benefits, establish benefit limits and

exceptions to those limits, establish various benefit packages

and offer different packages to different recipients, to meet

the needs of the recipients.

(4)  Establish or revise provider payment rates or fee

schedules, reimbursement models or payment methodologies for

particular services.

(5)  Restrict or eliminate presumptive eligibility.

(6)  Establish provider qualifications.

(b)  The department is authorized to develop and submit State

plans, waivers or other proposals to the Federal Government and

to take such other measures as may be necessary to render the

Commonwealth eligible for available Federal funds or other

assistance.

(c)  Notwithstanding any other provision of law, the

department shall take any action specified in subsection (a) as

may be necessary to ensure that expenditures for State fiscal

year 2011-2012 for assistance programs administered by the

department do not exceed the aggregate amount appropriated for

such programs by the act of June 30, 2011 (P.L.  , No.1A), known

as the General Appropriation Act of 2011. The department shall

seek such waivers or Federal approvals as may be necessary to

ensure that actions taken pursuant to this section comply with

applicable Federal law. During State fiscal year 2011-2012, the

department shall not enter into a new contract for consulting or

professional services, unless the department determines that:

(1)  it does not have sufficient staff to perform the

services and it would be more cost effective to contract for the

services than to hire new staff to provide the services; or

(2)  it does not have staff with the expertise required to

perform the services.

(d)  For purposes of implementing subsection (c), [and

notwithstanding any other provision of law, including section

814-A,] the secretary shall promulgate regulations [pursuant to

section 204(1)(iv) of the act of July 31, 1968 (P.L.769,

No.240), referred to as the "Commonwealth Documents Law," which

shall be exempt from the following:

(1)  Section 205 of the "Commonwealth Documents Law."

(2)  Section 204(b) of the act of October 15, 1980 (P.L.950,

No.164), known as the "Commonwealth Attorneys Act."

(3)  The act of June 25, 1982 (P.L.633, No.181), known as the

"Regulatory Review Act."].

(e)  The regulations promulgated under subsection (d) may be

retroactive to July 1, 2011, and shall be promulgated no later

than June 30, 2012.

Section 2.  The following are void:

(1)  A standard adopted in violation of the amendment of

section 403.1(a)(1) of the act.

(2)  A regulation promulgated in violation of the

amendment of section 403.1(d) of the act.

Section 3.  Section 2 of this act shall apply retroactively

to July 1, 2011.

Section 4.  This act shall take effect immediately.