SENATE AMENDED
PRIOR PRINTER'S NOS. 826, 1691
PRINTER'S NO. 3485
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
850
Session of
2023
INTRODUCED BY PARKER, HILL-EVANS, MADDEN, HOHENSTEIN, DALEY,
BOROWSKI, McANDREW, MAYES, BULLOCK, PROBST, ISAACSON, CEPEDA-
FREYTIZ, SHUSTERMAN, STEELE, T. DAVIS, KINSEY, GUENST,
CONKLIN, SANCHEZ, MALAGARI, SCHLOSSBERG, BURGOS, KHAN,
D. WILLIAMS, HANBIDGE, CIRESI, SAMUELSON, INNAMORATO, GREEN,
KRAJEWSKI, KINKEAD, CURRY, GILLEN, O'MARA, FLEMING, WARREN,
KENYATTA, BRIGGS, OTTEN, PIELLI, BRENNAN AND BOYD,
APRIL 10, 2023
SENATOR BROOKS, HEALTH AND HUMAN SERVICES, IN SENATE, AS
AMENDED, JULY 3, 2024
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,
providing for waiver to purchase diapers or menstrual hygiene
products.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of June 13, 1967 (P.L.31, No.21), known
as the Human Services Code, is amended by adding a section to
read:
Section 438. Waiver to Purchase Diapers or Menstrual Hygiene
Products.-- (A) If , in accordance with Federal law, the Food and
Nutrition Service of the United States Department of Agriculture
creates and makes available to the states a waiver permitting
recipients of benefits provided under the Supplemental Nutrition
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Assistance Program (SNAP) or the Special Supplemental Nutrition
Program for Women, Infants and Children (WIC) to use their
benefits to purchase diapers or menstrual hygiene products,
including tampons, sanitary napkins or feminine wipes, the
following shall apply:
(1) If a waiver is made available for SNAP, the department
shall MAY apply for the Federal waiver. If the waiver is
approved, the department shall adopt rules and make changes as
necessary to implement the waiver.
(2) If a waiver is made available for WIC, the Department of
Health shall MAY apply for the Federal waiver. If the waiver is
approved, the Department of Health shall adopt rules and make
changes as necessary to implement the waiver.
(3) THE AUTHORITY TO IMPLEMENT A WAIVER APPROVED UNDER
PARAGRAPH (1) OR (2) SHALL EXPIRE THREE YEARS FROM THE DATE THAT
THE WAIVER IS APPROVED.
(B) THE LEGISLATIVE BUDGET AND FINANCE COMMITTEE SHALL
CONDUCT A STUDY TO REVIEW THE COSTS TO THE COMMONWEALTH OF THE
IMPLEMENTATION OF ANY WAIVER UNDER SUBSECTION (A) THAT OCCURS
DURING THE THREE-YEAR PERIOD AFTER THE WAIVER IS APPROVED IN
ACCORDANCE WITH SUBSECTION (A). THE FOLLOWING APPLY:
(1) WITHIN TWO YEARS OF THE IMPLEMENTATION OF A WAIVER UNDER
SUBSECTION (A), THE LEGISLATIVE BUDGET AND FINANCE COMMITTEE
SHALL ISSUE A REPORT CONTAINING THE FINDINGS OF THE STUDY
REGARDING THE WAIVER.
(2) THE REPORT UNDER PARAGRAPH (1) SHALL BE SUBMITTED TO THE
FOLLOWING:
(I) THE GOVERNOR.
(II) THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE HEALTH
AND HUMAN SERVICES COMMITTEE OF THE SENATE.
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(III) THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE HEALTH
COMMITTEE OF THE HOUSE OF REPRESENTATIVES.
(IV) THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE HUMAN
SERVICES COMMITTEE OF THE HOUSE OF REPRESENTATIVES.
Section 2. This act shall take effect in 60 days.
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