PRINTER'S NO. 33
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
44
Session of
2023
INTRODUCED BY OWLETT, GROVE, IRVIN, JAMES, NEILSON AND GLEIM,
MARCH 7, 2023
REFERRED TO COMMITTEE ON FINANCE, MARCH 7, 2023
AN ACT
Amending Title 71 (State Government) of the Pennsylvania
Consolidated Statutes, providing for improper payments; and
providing for participation in Do-Not-Pay Initiative.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 71 of the Pennsylvania Consolidated
Statutes is amended by adding a part to read:
PART IV
IMPROPER PAYMENTS
Chapter
35. Do-Not-Pay Initiative
CHAPTER 35
DO-NOT-PAY INITIATIVE
Sec.
3501. Definitions.
3502. Participation in initiative.
ยง 3501. Definitions.
The following words and phrases when used in this chapter
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shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Commonwealth agency." A department, agency or commission of
the Commonwealth under the policy supervision and control of the
Governor.
"Improper payment." A payment made by a Commonwealth agency
that:
(1) exceeds the amount a recipient should have received
from a Commonwealth agency;
(2) is less than the amount a recipient should have
received from the Commonwealth;
(3) is made to a recipient who is ineligible to receive
the payment from a particular Commonwealth program;
(4) is ineligible;
(5) is duplicative or redundant;
(6) is for a service which was never received; or
(7) is for a service that does not account for or was
not given any of the available credits or discounts available
for the service rendered.
"Initiative." The Do-Not-Pay Initiative established under
section 5 of the Improper Payments Elimination and Recovery
Improvement Act of 2012 (Public Law 112-248, 126 Stat. 2392).
"Payment." Money expended by the Commonwealth as part of the
operating budget for the Commonwealth.
"Secretary." The Secretary of the Budget of the
Commonwealth.
ยง 3502. Participation in initiative.
(a) Participation.--A Commonwealth agency that makes
payments by expending Federal funds shall enter into a
memorandum of understanding with the United States Department of
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the Treasury to participate in the initiative. The participation
in the initiative by a Commonwealth agency shall include all of
the following:
(1) The use of the initiative's online interface to
verify the accuracy and integrity of payments issued by the
Commonwealth agency.
(2) An analytical review of the Commonwealth agency's
data through the initiative to improve the data collected by
the Commonwealth agency and the integrity of payments made by
the Commonwealth agency.
(b) Schedule.--The secretary shall establish a schedule to
ensure that each Commonwealth agency under subsection (a) has
entered into a memorandum of understanding to participate in the
initiative within two years of the effective date of this
section.
(c) Annual report.--A Commonwealth agency that participates
in the initiative shall provide an annual report about the
Commonwealth agency's participation in the initiative to the
following:
(1) The secretary.
(2) The Office of State Inspector General.
(3) The Department of Auditor General.
(4) The members of the General Assembly.
(5) The Legislative Budget and Finance Committee.
(d) Contents of report.--The annual report under subsection
(c) shall include analytical data obtained by a Commonwealth
agency as a result of participating in the initiative,
including, but not limited to, all of the following:
(1) The total number of improper payments identified by
the Commonwealth agency after participation in the
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initiative.
(2) The total number of improper payments prevented by
the Commonwealth agency as a result of participating in the
initiative.
(3) The total amount of improper payments identified and
prevented by the Commonwealth agency after participating in
the initiative.
(4) The savings realized by the Commonwealth as a result
of the Commonwealth agency's participation in the initiative.
(5) Any weakness in the internal financial controls of
the Commonwealth agency identified through participation in
the initiative.
(6) Any changes made to programs operated by the
Commonwealth agency to improve payment accuracy and integrity
resulting from participation in the initiative.
(7) Recommendations to improve the Commonwealth agency's
payment accuracy and integrity, including legislative or
regulatory changes required to prevent improper payments and
improve payment accuracy and integrity.
Section 2. This act shall take effect in 90 days.
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