PRINTER'S NO. 539
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
576
Session of
2021
INTRODUCED BY WARNER, DUNBAR, SAYLOR, OBERLANDER, GROVE,
KAUFFMAN, MOUL, DAVANZO, IRVIN, ROWE, R. BROWN, ZIMMERMAN,
SANKEY AND B. MILLER, FEBRUARY 22, 2021
REFERRED TO COMMITTEE ON HEALTH, FEBRUARY 22, 2021
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 responsibilities and obligations of the
Department of Human Services, applicants and recipients and
establishing the Electronic Benefits Transfer Card Management
Program.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 405.3(a) of the act of June 13, 1967
(P.L.31, No.21), known as the Human Services Code, is amended by
adding a paragraph to read:
Section 405.3. Responsibilities and Obligations of
Department, Applicants and Recipients.--(a) Subject to Federal
approval, only where necessary, each adult applicant or
recipient of cash assistance or other person who is required to
sign an application for assistance shall be required as a
condition of eligibility to enter into a mutual agreement with
the department that will set forth the responsibilities and
obligations to be undertaken by the recipient to achieve self-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
sufficiency, the time frames within which each obligation is to
be completed, the penalties for failure to comply and the
actions to be taken by the department to support the efforts of
the applicant or recipient. Where appropriate, these obligations
shall include, but not be limited to:
* * *
(10) Agreeing to comply with the requirements of the
Electronic Benefits Transfer Card Management Program under
section 414.1.
* * *
Section 2. The act is amended by adding a section to read:
Section 414.1. Electronic Benefits Transfer Card Management
Program.--(a) The department shall establish and maintain a
program to be known as the Electronic Benefits Transfer Card
Management Program.
(b) The purpose of the program is to ensure the efficient
delivery of public assistance through the proper management of
electronic benefits transfer cards.
(c) The department shall promulgate rules and regulations
enumerating acceptable purchases and transaction types which are
consistent with assisting the recipient in achieving self-
sufficiency.
(d) The department shall develop electronic controls,
oversight mechanisms and follow-up procedures to detect and
track the following:
(1) Suspicious electronic benefits transfer card
transactions that might indicate fraudulent use. In order to
implement this paragraph, the department shall have the
following duties:
(i) Collect information regarding the use of electronic
20210HB0576PN0539 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
benefits transfer cards if more than fifty percent of the funds
used in the electronic benefits transfer card transactions occur
outside of this Commonwealth.
(ii) Differentiate between electronic benefits transfer card
transactions that occur in states that border this Commonwealth
and electronic benefits transfer card transactions that occur in
states that do not border this Commonwealth.
(iii) Analyze electronic benefits transfer card transactions
that occur outside of this Commonwealth to determine if the
recipient of benefits is a resident of this Commonwealth. In
making a determination under this subparagraph, the department
shall analyze the following:
(A) The location of employment of the recipient of benefits.
(B) The amount of times that the electronic benefits
transfer card is used outside of this Commonwealth compared to
the amount of times the electronic benefits transfer card is
used in this Commonwealth.
(C) Whether the electronic benefits transfer card
transactions occur in-person or through electronic means.
(2) The use of electronic benefits transfer cards that might
indicate an attempt to acquire goods and services that do not
comply with the rules and regulations promulgated under
subsection (c).
(e) Unless otherwise prohibited, data and information
gathered under this section shall be made available to the
Office of Inspector General, the Auditor General and the
Attorney General.
(f) As used in this section, the term "program" means the
Electronic Benefits Transfer Card Management Program.
Section 3. The addition of sections 405.3(a)(10) and 414.1
20210HB0576PN0539 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
of the act shall expire five years after the effective date of
this section.
Section 4. This act shall take effect in 180 days.
20210HB0576PN0539 - 4 -
1
2
3