PRINTER'S NO. 1540
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1380
Session of
2023
INTRODUCED BY GROVE, GREINER, KEEFER, FLICK, MOUL AND STRUZZI,
JUNE 12, 2023
REFERRED TO COMMITTEE ON HUMAN SERVICES, JUNE 12, 2023
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 administration of assistance programs.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 403.1 of the act of June 13, 1967
(P.L.31, No.21), known as the Human Services Code, is amended to
read:
Section 403.1. Administration of Assistance Programs.--(a)
The department is authorized to establish rules, regulations,
procedures and standards consistent with law as to the
administration of programs providing assistance, including
regulations promulgated under subsection (d), that do any of the
following:
(1) Establish standards for determining eligibility and the
nature and extent of assistance.
(2) Authorize providers to condition the delivery of care or
services on the payment of applicable copayments.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
(3) Modify existing benefits, establish benefit limits and
exceptions to those limits, establish various benefit packages
and offer different packages to different recipients, to meet
the needs of the recipients.
(4) Establish or revise provider payment rates or fee
schedules, reimbursement models or payment methodologies for
particular services.
(5) Restrict or eliminate presumptive eligibility.
(6) Establish provider qualifications.
(7) Access data from any other state agency to verify
residency and eligibility of an applicant prior to approval.
(8) Utilize data analytics, including artificial
intelligence, for eligibility verification and the detection of
fraud.
(9) Prioritize all job training programs with the Department
of Labor and Industry, Department of Education and Workforce
Development Boards to increase employment and self-reliance for:
(i) Able-bodied Medical Assistance consumers.
(ii) Residents making minimum wage who are not enrolled in a
secondary or higher education institution.
(10) Require physical health managed care organizations to
share medical assistance claims data with providers.
(11) Establish health savings accounts and medical
assistance premiums to assist residents transitioning out of
medical assistance programs.
(b) The department is authorized to develop and submit State
plans, waivers or other proposals to the Federal Government and
to take such other measures as may be necessary to render the
Commonwealth eligible for available Federal funds or other
assistance.
20230HB1380PN1540 - 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
(c) Notwithstanding any other provision of law, the
department shall take any action specified in subsection (a) as
may be necessary to ensure that expenditures [for State fiscal
year 2011-2012] for assistance programs administered by the
department do not exceed the aggregate amount appropriated for
such programs [by the act of June 30, 2011 (P.L.633, No.1A),
known as the General Appropriation Act of 2011]. The department
shall seek such waivers or Federal approvals as may be necessary
to ensure that actions taken pursuant to this section comply
with applicable Federal law. During State fiscal year 2011-2012,
the department shall not enter into a new contract for
consulting or professional services, unless the department
determines that:
(1) it does not have sufficient staff to perform the
services and it would be more cost effective to contract for the
services than to hire new staff to provide the services; or
(2) it does not have staff with the expertise required to
perform the services.
(d) For purposes of implementing subsection (c), and
notwithstanding any other provision of law, including section
814-A, the secretary shall promulgate regulations pursuant to
section 204(1)(iv) of the act of July 31, 1968 (P.L.769,
No.240), referred to as the "Commonwealth Documents Law," which
shall be exempt from the following:
(1) Section 205 of the "Commonwealth Documents Law."
(2) Section 204(b) of the act of October 15, 1980 (P.L.950,
No.164), known as the "Commonwealth Attorneys Act."
(3) The act of June 25, 1982 (P.L.633, No.181), known as the
"Regulatory Review Act."
[(e) The regulations promulgated under subsection (d) may be
20230HB1380PN1540 - 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
retroactive to July 1, 2011, and shall be promulgated no later
than June 30, 2012.]
Section 2. This act shall take effect in 60 days.
20230HB1380PN1540 - 4 -
1
2
3