AN ACT

 

1Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An
2act to consolidate, editorially revise, and codify the public
3welfare laws of the Commonwealth," changing the name of the
4Department of Public Welfare to the Department of Human
5Services; and providing for a transition period<-; and 
6establishing a toll-free DHS fraud tip line.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1. Section 102 of the act of June 13, 1967 (P.L.31,
10No.21), known as the Public Welfare Code, is amended to read:

11Section 102. Definitions.--Subject to additional definitions

1contained in subsequent articles of this act, the following
2words when used in this act shall have, unless the context
3clearly indicates otherwise, the meanings given them in this
4section:

5"Department" means the Department of [Public Welfare] Human 
6Services of this Commonwealth.

7"Secretary" means the Secretary of [Public Welfare] Human 
8Services of this Commonwealth.

9Section 2. The act is amended by adding <-a section sections
10to read:

11Section 103. Redesignation.--(a) The Department of Public
12Welfare shall be known as the Department of Human Services.

13(b) A reference to the Department of Public Welfare in a
14statute or a regulation shall be deemed a reference to the
15Department of Human Services.

16(c) In order to provide an efficient and cost-minimizing
17transition, licenses, contracts, deeds and any other official
18actions of the Department of Public Welfare shall not be
19affected by the use of the designation of the department as the
20Department of Human Services. The department may continue to use
21the name Department of Public Welfare on badges, licenses,
22contracts, deeds, stationary and any other official documents
23until existing supplies are exhausted. The Department of Public
24Welfare may substitute the title "Department of Human Services"
25for "Department of Public Welfare" on its documents and
26materials on such schedule as it deems appropriate.

27(d) The Department of Human Services shall not replace
28existing signage at department locations with the redesignated
29name until the signs are worn and in need of replacement. This
30transition shall be coordinated with changes in administration.

1(e) The department shall continue to use the name Department
2of Public Welfare on its computer systems until the time of
3routine upgrades in each computer system in the department. The
4change in name shall be made at the time of the routine upgrade
5to the department computer systems.

<-6Section 1418. Toll-Free DHS Fraud Tip Line.--(a) The
7department shall:

8(1) Establish a toll-free telephone number and e-mail
9address for persons to report suspected fraud or abuse of public
10assistance programs, including, but not limited to, medical
11assistance, cash assistance and food stamps.

12(2) Obtain the telephone number 1-866-DHS-TIPS for such
13purposes. If the phone number 1-866-DHS-TIPS is not available,
14the department shall obtain a substantially similar telephone
15number acronym for such purposes.

16(3) Permit persons to provide information anonymously,
17should they choose to do so.

18(4) Conduct a thorough investigation of all credible
19complaints or provide a referral to the Office of Inspector
20General for investigation, whether pertaining to a benefit
21recipient or provider.

22(b) The department shall submit an annual report on its
23fraud prevention activities to the Governor and General
24Assembly. The report shall:

25(1) Include, but not be limited to, information pertaining
26to the following:

27(i) The number of complaints received through the toll-free
28DHS fraud tip line, regular mail or via the Internet.

29(ii) The number of investigations conducted by the
30department and the Office of Inspector General as a result of

1such complaints.

2(iii) The number of criminal prosecutions and civil actions
3resulting from such investigations.

4(iv) The estimated total cost avoided and funds reclaimed by
5the department as a result of such complaints.

6(2) Be made available to the public through the department's
7publicly accessible Internet website.

8(c) The following provisions apply to posting information
9relating to the DHS Fraud Tip Line:

10(1) An owner, manager or provider who operates a business or
11medical facility in a public place who accepts food stamps or
12medical assistance as a form of payment for goods or services
13shall post a sign containing information regarding the Toll-Free
14DHS Fraud Tip Line.

15(2) Any other owner, manager or provider may post the sign.

16(3) An owner, manager or provider under paragraph (1) shall
17post at least one sign, no smaller than 8 1/2 by 11 inches and
18no larger than 1 by 2 feet, in a conspicuous manner clearly
19visible to the public and employes inside the business or
20medical facility.

21(4) The department shall design the sign to include the
22following information:

23(i) The Toll-Free DHS Fraud Tip Line telephone number,
24including the acronym.

25(ii) Notice that callers may provide information anonymously
26if they choose to do so.

27(5) The department shall design the sign to draw attention
28to the telephone number of the Toll-Free DHS Fraud Tip Line by
29displaying the number and acronym in bold type and large font.

30(6) The department shall provide the sign on its publicly

1accessible Internet website for owners, managers and providers
2to print as needed.

3(d) The following provisions relate to enforcement:

4(1) A complaint regarding a possible violation of this
5section shall be made to the appropriate law enforcement agency
6or to the department.

7(2) Except as otherwise provided under paragraph (3), upon
8receipt of a complaint by the department, the following apply:

9(i) the department shall investigate the complaint and
10enforce this act; or

11(ii) if the business or medical facility is subject to
12licensure by the Commonwealth, the department shall refer the
13complaint to the appropriate licensing agency for investigation
14and enforcement of this act.

15(3) If the complaint is made to a law enforcement agency
16regarding a business, the agency shall investigate the complaint
17and enforce this act.

18(e) It is a violation of this act to fail to post a sign as
19required under subsection (c).

20(f) Any of the following shall be an affirmative defense to
21a prosecution or imposition of an administrative penalty under
22this act:

23(1) When the violation occurred, the actual control of the
24business or medical facility was not exercised by the owner,
25manager or provider, but by a lessee.

26(2) The owner, manager or provider made a good faith effort
27to post the sign.

28(3) The owner, manager or provider asserting the affirmative
29defense must do so in the form of a sworn affidavit setting
30forth the relevant information mentioned under paragraphs (1)

1and (2).

2(g) If the department or a State licensing agency determines
3that:

4(1) A person has violated subsection (e), the person shall
5be issued a warning by the department or State licensing agency.

6(2) A person has violated subsection (e) within one year of
7receiving a warning under paragraph (1), the person shall be
8subject to a penalty not to exceed $250.

9(3) A person has violated subsection (e) within one year of
10receiving a penalty under paragraph (2), the person shall be
11subject to a penalty not to exceed $500.

12(h) The provisions of subsection (g) shall be subject to 2
13Pa.C.S. (relating to administrative law and procedure).

14(i) The penalties collected under subsection (g) shall be
15retained by the department or the State licensing agency
16initiating the enforcement action.

17Section 3. This act shall take effect <-July 1, 2013 in 60 
18days.