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A00536
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
33
Session of
2019
INTRODUCED BY DUNBAR, SAYLOR, REESE, OBERLANDER, NELSON,
ROTHMAN, MACKENZIE, GREINER, DIAMOND, JONES, PICKETT,
GREGORY, RYAN, BARRAR, GLEIM, GROVE, BERNSTINE, WARNER,
MILLARD, KEEFER, JAMES, PYLE, KAUFFMAN, DeLUCA AND
BENNINGHOFF, JANUARY 28, 2019
REFERRED TO COMMITTEE ON HEALTH, JANUARY 28, 2019
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 definitions, for general assistance-
related categorically needy and medically needy only medical
assistance programs, 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. Section 402 introductory paragraph and the
definition of "general assistance" of the act of June 13, 1967
(P.L.31, No.21), known as the Human Services Code, amended June
30, 2012 (P.L.668, No.80), amendment declared unconstitutional,
188 A.3d 1135, (Pa. 2018), are amended and the section is
amended by adding a definition to read:
Section 402. Definitions.--As used in this article, unless
the [content] context clearly indicates otherwise:
* * *
["General assistance" means assistance granted under the
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provisions of section [432(3)] 432(3)(i)(C) of this act.]
"General assistance-related categorically needy medical
assistance" means medical assistance for persons who meet the
requirements under section 432(3).
* * *
Section 2. Section 403.2 of the act, added June 30, 2012
(P.L.668, No.80), addition declared unconstitutional, 188 A.3d
1135, (Pa. 2018), is reenacted and amended to read:
Section 403.2. General Assistance-Related Categorically
Needy and Medically Needy Only Medical Assistance Programs.--(a)
Subject to subsection (b) and notwithstanding any other
provision of law, the general assistance cash assistance program
shall cease [August 1, 2012] July 1 September 30 , 2019 , except
for assistance granted under the provisions of section 432(3)(i)
(C).
(b) The general assistance-related categorically needy
medical assistance program shall continue, including, but not
limited to, the eligibility and work and work-related
requirements under this article. The general assistance-related
medical assistance program for the medically needy only shall
continue.
Section 3. Section 432(3)(i)(C) of the act is amended to
read:
Section 432. Eligibility.--Except as hereinafter otherwise
provided, and subject to the rules, regulations, and standards
established by the department, both as to eligibility for
assistance and as to its nature and extent, needy persons of the
classes defined in clauses (1), (2), and (3) shall be eligible
for assistance:
* * *
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(3) Other persons who are citizens of the United States, or
lawfully admitted aliens who are eligible for general
assistance.
(i) Persons who may be eligible for general assistance for
an indeterminate period as a result of medical, social or
related circumstances shall be limited to:
* * *
(C) A person who has been assessed by a physician or
psychologist as having a verified physical or mental disability,
including a person who is a veteran with an illness or injury
caused by or exacerbated by active military service, which
temporarily or permanently precludes him or her from any gainful
employment. The verification of the physical or mental
disability must be established by written documentation in a
form prescribed by the department and must be based on
acceptable clinical and laboratory diagnostic techniques, rather
than a statement of symptoms by the applicant or recipient[.];
except that, in the case of a veteran, the verification of an
illness or injury resulting from active military service may be
established by a statement from the veteran's physician,
psychologist or from the proper military authority that has
actual documented knowledge of the veteran's illness or injury.
The department may also require the applicant or recipient to
submit to an independent examination as a condition of receiving
assistance. An applicant or recipient with a verified physical
or mental disability which is temporary in nature shall pursue
appropriate treatment as a condition of receiving assistance.
* * *
Section 3 4. Section 442.1(a)(3) introductory paragraph and
(i) of the act, amended June 30, 2012 (P.L.668, No.80),
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amendment declared unconstitutional, 188 A.3d 1135, (Pa. 2018),
are amended 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):
* * *
(3) Complies with [either] subclause [(i) or] (ii):
[(i) Receives general assistance in the form of cash.]
* * *
Section 4 5. This act shall take effect as follows:
(1) The amendment of section 442.1(a)(3) introductory
paragraph and (i) of the act shall take effect July 1, 2019.
(2) The remainder of this act shall take effect
immediately.
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