THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY KRIEGER, REESE, SACCONE, GINGRICH, BAKER, KAUFFMAN, ROAE, DUNBAR, GROVE, EVANKOVICH, GABLER, REICHLEY, TOEPEL, HARRIS, STERN, STEPHENS, HICKERNELL, HEFFLEY, CALTAGIRONE, CUTLER, LONGIETTI, COX, BOBACK, PICKETT, TOOHIL, BLOOM, TALLMAN, PYLE, HALUSKA, AUMENT, CLYMER, MILLER, SAINATO, GRELL, MAJOR, OBERLANDER, O'NEILL, FARRY, BOYD, GILLEN, STEVENSON, VULAKOVICH, ROCK, MILLARD, FLECK, MURT, PERRY, METCALFE, HUTCHINSON, BURNS, SWANGER, GIBBONS, DELOZIER, SIMMONS, MARSICO, TAYLOR, BROOKS, SAYLOR, DENLINGER, EVERETT, SONNEY, KOTIK, MOUL, LAWRENCE AND CREIGHTON, OCTOBER 31, 2011

AS REPORTED FROM COMMITTEE ON HEALTH, HOUSE OF REPRESENTATIVES, AS AMENDED, APRIL 30, 2012   

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 Public Welfare, 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 Public Welfare 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-

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:

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(10)  Agreeing to comply with the requirements of the

Electronic Benefits Transfer Card Management Program under

section 414.1.

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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.

(2)  The use of electronic benefits transfer cards outside

this Commonwealth that might indicate the receipt of benefits by

a nonresident or an individual who is no longer eligible for

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benefits.

(3)  The possible use of electronic benefits transfer cards 

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that might indicate an attempt to acquire goods and services

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that do not comply with the rules and regulations promulgated

under subsection (c).

(e)  It is a violation for a person to evade or attempt to

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evade departmental controls or detection mechanisms relating to

electronic benefits transfer cards.

(f)  Data (e)  Unless otherwise prohibited, data and

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information gathered under subsection (d) this section shall be

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made available upon request to the Office of Inspector General,

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the Auditor General and the Attorney General.

(g) (f)  As used in this section, the term "program" means

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the Electronic Benefits Transfer Card Management Program.

Section 3.  This act shall take effect in 60 days.