PRINTER'S NO. 2302

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1709

Session of

2019

INTRODUCED BY KENYATTA, SHUSTERMAN, WILLIAMS, DAWKINS, KINSEY,

DONATUCCI, KIRKLAND, FRANKEL, HARRIS, ZABEL, CALTAGIRONE,

D. MILLER, YOUNGBLOOD, CEPHAS, STURLA, BURGOS, ISAACSON,

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 preliminary provisions,

providing for construction; and, in public assistance,

further providing for definitions, for eligibility and for

the medically needy and determination of eligibility.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The act of June 13, 1967 (P.L.31, No.21), known

as the Human Services Code, is amended by adding a section to

Section 2. Section 402 of the act is amended by adding a

definition to read:

Section 402. Definitions.--As used in this article, unless

the context clearly indicates otherwise:

* * *

"Emergency relief" means assistance in the form of cash for

persons who meet the requirements of section 432(3.1).

* * *

Section 3. Section 432 introductory paragraph and (3)

introductory paragraph of the act are amended and the section is

be eligible for assistance:

* * *

(3) Other persons who are citizens of the United States, or

lawfully admitted aliens who are eligible for general

[assistance] assistance-related categorically needy medical

assistance under this clause.

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(3.1) Other persons who are citizens of the United States or

lawfully admitted aliens who are eligible for emergency relief

under this clause.

behavioral health disorder incurred in or exacerbated by active

military service that temporarily or permanently precludes the

veteran from obtaining or retaining gainful employment. The

disability or disorder resulting from active military service

may be established by a statement from the veteran's physician,

psychiatrist or psychologist or from a proper military authority

that has actual documented knowledge of the veteran's disability

or behavioral health disorder. For the purpose of this unit, the

term "veteran" shall mean an individual who served in the armed

one or more activities of daily living or who needs supervision

or protection due to permanent neurological impairment or

physical injury. A veteran described under unit (A) may appoint

one primary caretaker and one secondary caretaker to serve as

backup support or to relieve the primary caretaker when

necessary.

(C) A child who is under eighteen years of age or an

individual who is eighteen through twenty years of age and

attends a secondary or equivalent vocational or technical school

full time and may reasonably be expected to complete the program

department to place these persons in the Temporary Assistance

for Needy Families (TANF) program.

(E) A person who has been assessed by a physician,

psychiatrist or psychologist as having a disability or

behavioral health disorder that temporarily or permanently

precludes the person from obtaining or retaining gainful

employment. The disability or disorder must be verified and

established by written documentation in a form prescribed by the

department and must be based on acceptable clinical and

(F) A person who is a nonparental caretaker of a child under

thirteen years of age or a caretaker of another person because

of illness or disability. The child or other person for whom the

person is a caretaker must be a member of the household and the

caretaker must be a person whose presence is required in the

home to care for another person as determined in accordance with

department regulations. A person shall be ineligible for

emergency relief under this unit if there is another adult in

the household who is capable of providing the care without

emergency relief under this unit.

that precludes the person from any form of employment in

accordance with standards established by the department. Persons

eligible under this unit may not receive general assistance

under this clause for more than nine months of the person's

lifetime.

(H) A pregnant woman.

(I) A victim of domestic violence, sexual assault or

stalking who is receiving protective services as defined by the

department. Persons eligible under this unit may not receive

otherwise comply with, section 432.21. Grant of emergency relief

under this clause shall continue as long as the person remains

eligible. The department shall redetermine eligibility on at

least an annual basis, and persons shall be required to seek

employment, accept any offer of employment and maintain

employment as conditions of eligibility except as otherwise

exempt under section 405.1(a.3).

Section 4. Section 442.1(a)(3) introductory paragraph of the

act, amended June 28, 2019 (P.L.43, No.12), is amended and the

clause is amended by adding a subclause to read:

Section 442.1. The Medically Needy; Determination of

Eligibility.--(a) A person shall be considered medically needy

if that person meets the requirements of clauses (1), (2) and

(3):

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(3) Complies with subclause (ii) or (iii):

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(iii) Receives emergency relief.

* * *

Section 5. This act shall take effect immediately.