CORRECTIVE REPRINT
PRIOR PRINTER'S NO. 3367 PRINTER'S NO. 3969
No. 2579 Session of 1992
INTRODUCED BY FLICK, RYAN, PERZEL, BARLEY, PHILLIPS, CARLSON,
ALLEN, ADOLPH, ANDERSON, ANGSTADT, ARMSTRONG, BIRMELIN,
BLACK, BROWN, CESSAR, CHADWICK, CLARK, CLYMER, CORNELL,
DEMPSEY, DURHAM, DENT, FAIRCHILD, FARGO, FARMER, FOSTER,
GALLEN, GEIST, GERLACH, GLADECK, GODSHALL, GRUPPO, HASAY,
HERMAN, HERSHEY, HESS, JADLOWIEC, KENNEY, KING, LANGTRY, LEH,
MARSICO, McHUGH, MICOZZIE, NAILOR, NOYE, NYCE, O'BRIEN,
PICCOLA, PITTS, RAYMOND, REBER, REINARD, SAURMAN, SCHEETZ,
SCHULER, SEMMEL, B. SMITH, S. SMITH, D. W. SNYDER, STAIRS,
E. Z. TAYLOR, TULLI, VANCE, VROON AND M. N. WRIGHT,
MARCH 30, 1992
REFERRED TO COMMITTEE ON HEALTH AND WELFARE, MARCH 30, 1992
AN ACT
1 Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An
2 act to consolidate, editorially revise, and codify the public
3 welfare laws of the Commonwealth," further restricting
4 assistance payments and medical assistance to certain
5 chronically needy persons; and making repeals.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Sections 432(3)(i)(H) and (I) and (iii), 442.1
9 and 491(b) of the act of June 13, 1967 (P.L.31, No.21), known as
10 the Public Welfare Code, amended or added April 8, 1982
11 (P.L.231, No.75), are amended to read:
12 Section 432. Eligibility.--Except as hereinafter otherwise
13 provided, and subject to the rules, regulations, and standards
14 established by the department, both as to eligibility for
1 assistance and as to its nature and extent, needy persons of the
2 classes defined in clauses (1), (2), and (3) shall be eligible
3 for assistance:
4 * * *
5 (3) Other persons who are citizens of the United States, or
6 legally admitted aliens and who are chronically needy or
7 transitionally needy persons.
8 (i) Chronically needy persons are those persons chronically
9 in need who may be eligible for an indeterminate period as a
10 result of medical, social or related circumstances and shall be
11 limited to:
12 * * *
13 (H) Any person who has previously been employed full time
14 [for at least forty-eight months out of the previous eight
15 years] and has exhausted his or her unemployment compensation
16 benefits prior to applying for assistance.
17 [(I) Any person who does not otherwise qualify as
18 chronically needy, and who is receiving general assistance on
19 the date this section is enacted into law and who has not
20 refused a bona fide job offer or otherwise failed to comply with
21 all employment requirements of this act and regulations
22 promulgated thereunder. Such person must comply with all
23 employment requirements of this act and regulations promulgated
24 thereunder. If after the date this section is enacted into law a
25 person's general assistance grants are terminated, then that
26 person may not subsequently qualify for general assistance under
27 this clause except when such person has been terminated from
28 employment through no fault of his own and has not met the
29 minimum credit week qualifications of the act of December 5,
30 1936 (2nd Sp.Sess., 1937 P.L.2897, No.1), known as the
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1 "Unemployment Compensation Law." If it is determined that the
2 classification of persons according to their status on the date
3 of enactment as provided in this clause is invalid, then the
4 remainder of this act shall be given full force and effect as if
5 this clause had been omitted from this act, and individuals
6 defined in this clause shall be considered transitionally needy
7 if otherwise eligible. No person shall qualify for general
8 assistance under this clause after December 31, 1982.]
9 * * *
10 [(iii) Transitionally needy persons are those persons who
11 are otherwise eligible for general assistance but do not qualify
12 as chronically needy. Assistance for transitionally needy
13 persons shall be authorized only once in any twelve-month period
14 in an amount not to exceed the amount of ninety days'
15 assistance.]
16 * * *
17 Section 442.1. The Medically Needy; Determination of
18 Eligibility.--A person shall be considered medically needy if
19 he:
20 (1) Resides in Pennsylvania, regardless of the duration of
21 his residence or his absence therefrom; and
22 (2) Meets the standards of financial eligibility established
23 by the department with the approval of the Governor. In
24 establishing these standards the department shall take into
25 account (i) the funds certified by the Budget Secretary as
26 available for medical assistance for the medically needy; (ii)
27 pertinent Federal legislation and regulations; and (iii) the
28 cost of living. [Transitionally needy persons who are not
29 eligible for cash assistance by reason of section 432(3)(iii)
30 shall be considered medically needy if otherwise eligible.]
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1 Section 491. Employment Incentive Payments.--* * *
2 (b) An employment incentive payment may be claimed by an
3 employer who hires any person who is receiving aid to families
4 with dependent children or who is classified as chronically [or
5 transitionally] needy at the time of employment except that
6 payments shall not be provided for:
7 (1) The employment of any person who displaces any other
8 individual from employment, except persons discharged for cause
9 as certified by the Office of Employment Security.
10 (2) The employment of any person closely related, as defined
11 by paragraphs (1) through (8) of section 152(a) of the Internal
12 Revenue Code, to the taxpayer, or, if the taxpayer is a
13 corporation, to an individual who owns, directly or indirectly
14 more than fifty percent of the outstanding stock of the
15 corporation, bank, savings institution, company, insurance
16 company, or mutual thrift institution.
17 (3) The employment of an individual for whom the employer is
18 simultaneously receiving Federally or State funded job training
19 payments.
20 * * *
21 Section 2. (a) The following acts and parts of acts are
22 repealed insofar as they provide job training or grants for
23 persons classified as transitionally needy:
24 Act of July 13, 1987 (P.L.332, No.62), known as the Project
25 Independence Act.
26 Act of July 13, 1987 (P.L.342, No.65), known as the
27 Employment Opportunities Act.
28 (b) The repeals under subsection (a) shall be applied
29 prospectively and shall not affect any job training program or
30 grant entered into on or prior to July 1, 1992.
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1 Section 3. The amendment affecting transitionally needy in
2 section 491(b) of the act shall only apply to persons applying
3 for employment on or after July 1, 1992.
4 Section 4. This act shall take effect July 1, 1992.
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