PRIOR PRINTER'S NO. 1443 PRINTER'S NO. 2061
No. 1266 Session of 1999
INTRODUCED BY BARRAR, ADOLPH, FLICK, PIPPY, READSHAW, PESCI,
McNAUGHTON, ZUG, HERMAN, BENNINGHOFF, FAIRCHILD, ORIE,
ARGALL, ARMSTRONG, NICKOL, SEYFERT, SAYLOR, HERSHEY,
YOUNGBLOOD, HENNESSEY, GEIST, ROSS, STERN, WILT, HORSEY,
M. COHEN, B. SMITH, ALLEN, CORRIGAN, EGOLF AND E. Z. TAYLOR,
APRIL 13, 1999
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 15, 1999
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 PROVIDING FOR THE <--
4 RESET PROGRAM AND FOR PROGRAM ASPECTS OF PUBLIC ASSISTANCE;
5 AND deleting provisions relating to food stamp program.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 471 of the act of June 13, 1967 (P.L.31, <--
9 No.21), known as the Public Welfare Code, is repealed.
10 Section 2. This act shall take effect immediately.
11 SECTION 1. SECTIONS 405.1(A.2)(5) AND (6) AND (A.3)(1) AND <--
12 405.3 OF THE ACT OF JUNE 13, 1967 (P.L.31, NO.21), KNOWN AS THE
13 PUBLIC WELFARE CODE, AMENDED MAY 16, 1996 (P.L.175, NO.35), ARE
14 AMENDED TO READ:
15 SECTION 405.1. ESTABLISHMENT OF RESET.--* * *
16 (A.2) IN ACCORDANCE WITH RESET, THE FOLLOWING REQUIREMENTS
17 SHALL APPLY:
1 * * *
2 (5) AN APPLICANT OR RECIPIENT MAY FULFILL THE WORK-RELATED
3 ACTIVITY REQUIREMENT IN CLAUSE (4) FOLLOWING THE INITIAL JOB
4 SEARCH AND CONSULTATION WITH THE COUNTY ASSISTANCE OFFICE BY
5 PARTICIPATING EXCLUSIVELY IN ANY ONE OR A COMBINATION OF
6 VOCATIONAL EDUCATION, GENERAL EDUCATION, ADULT BASIC EDUCATION,
7 GENERAL EDUCATIONAL DEVELOPMENT PREPARATION, ENGLISH-AS-A-
8 SECOND-LANGUAGE STUDY [OR], JOB SKILLS TRAINING[,] OR PAID OR
9 UNPAID INTERNSHIP, AS NECESSARY, FOR A MAXIMUM OF TWELVE MONTHS.
10 AN APPLICANT OR RECIPIENT WHO HAS PARTICIPATED IN ANY ONE OR A
11 COMBINATION OF THESE ACTIVITIES FOR A MAXIMUM OF TWELVE MONTHS
12 MAY FULFILL THE WORK-RELATED ACTIVITY REQUIREMENT IN CLAUSE (4)
13 BY CONTINUING TO PARTICIPATE IN ANY ONE OR A COMBINATION OF
14 THESE ACTIVITIES. APPLICANTS SHALL BE SPECIFICALLY INFORMED OF
15 THESE OPTIONS AT THE TIME OF INITIAL APPLICATION. RECIPIENTS
16 SHALL BE SPECIFICALLY INFORMED OF THESE OPTIONS AT THE TIME OF
17 EACH REDETERMINATION. AT THE TIME OF INITIAL APPLICATION AND AT
18 THE TIME OF EACH REDETERMINATION, THESE OPTIONS SHALL BE
19 SPECIFICALLY LISTED AS SUCH IN EACH AGREEMENT OF MUTUAL
20 RESPONSIBILITY OR SIMILAR WORK-RELATED PLAN. FOR A RECIPIENT OR
21 APPLICANT WHO IS EIGHTEEN YEARS OF AGE OR OLDER AND LESS THAN
22 TWENTY-TWO YEARS OF AGE AND WHO HAS NOT EARNED A HIGH SCHOOL
23 DIPLOMA OR ITS EQUIVALENT, PURSUIT OF A HIGH SCHOOL DIPLOMA OR A
24 CERTIFICATE OF HIGH SCHOOL EQUIVALENCY CAN FULFILL THE WORK-
25 RELATED ACTIVITY REQUIREMENT FOR A MAXIMUM OF TWENTY-FOUR
26 MONTHS.
27 (6) A RECIPIENT WHO HAS RECEIVED ASSISTANCE FOR TWENTY-FOUR
28 MONTHS, WHETHER THOSE MONTHS ARE CONSECUTIVE OR INTERRUPTED,
29 MUST DO ONE OF THE FOLLOWING:
30 (I) FOR AN AVERAGE OF AT LEAST TWENTY HOURS PER WEEK, WORK,
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1 PARTICIPATE IN SUBSIDIZED EMPLOYMENT, WORK EXPERIENCE, ON-THE-
2 JOB TRAINING, COMMUNITY SERVICE OR WORKFARE [FOR AN AVERAGE OF
3 AT LEAST TWENTY HOURS PER WEEK].
4 (II) FOR AN AVERAGE OF AT LEAST TWENTY-FIVE HOURS PER WEEK,
5 PARTICIPATE IN VOCATIONAL EDUCATION, GENERAL EDUCATION, ADULT
6 BASIC EDUCATION, GENERAL EDUCATIONAL DEVELOPMENT PREPARATION,
7 ENGLISH-AS-A-SECOND-LANGUAGE, JOB SKILLS TRAINING OR PAID OR
8 UNPAID INTERNSHIP.
9 (III) FOR AN AVERAGE OF TWENTY-FIVE HOURS PER WEEK, COMBINE
10 ACTIVITIES UNDER SUBCLAUSES (I) AND (II).
11 (7) INFORMATION INDICATING NONCOMPLIANCE WITH THE MINIMUM
12 [TWENTY-HOUR] HOUR PER WEEK REQUIREMENT OF CLAUSE (6) SHALL BE
13 CAUSE FOR A REVIEW OF ELIGIBILITY.
14 (A.3) AN APPLICANT OR RECIPIENT MAY BE EXEMPT FROM THE
15 REQUIREMENTS OF SUBSECTION (A.2) IF ANY OF THE FOLLOWING APPLY:
16 (1) THE APPLICANT OR RECIPIENT HAS BEEN ASSESSED BY A
17 PHYSICIAN, CERTIFIED REGISTERED NURSE PRACTITIONER, LICENSED
18 PHYSICIAN'S ASSISTANT OR PSYCHOLOGIST AS HAVING A VERIFIED
19 PHYSICAL OR MENTAL DISABILITY WHICH TEMPORARILY OR PERMANENTLY
20 PRECLUDES THE APPLICANT OR RECIPIENT FROM ANY FORM OF EMPLOYMENT
21 OR WORK-RELATED ACTIVITY. THE VERIFICATION OF THE PHYSICAL OR
22 MENTAL DISABILITY SHALL BE ESTABLISHED BY WRITTEN DOCUMENTATION
23 IN A FORM PRESCRIBED BY THE DEPARTMENT AND SHALL BE BASED ON
24 ACCEPTABLE CLINICAL AND LABORATORY DIAGNOSTIC TECHNIQUES, RATHER
25 THAN A STATEMENT OF SYMPTOMS BY THE APPLICANT OR RECIPIENT. THE
26 DEPARTMENT MAY ALSO REQUIRE THE APPLICANT OR RECIPIENT TO SUBMIT
27 TO AN INDEPENDENT EXAMINATION AS A CONDITION OF RECEIVING
28 ASSISTANCE. AN APPLICANT OR RECIPIENT WITH A VERIFIED PHYSICAL
29 OR MENTAL DISABILITY THAT IS TEMPORARY IN NATURE MUST PURSUE
30 APPROPRIATE TREATMENT AS A CONDITION OF RECEIVING ASSISTANCE.
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1 * * *
2 SECTION 405.3. RESPONSIBILITIES AND OBLIGATIONS OF
3 DEPARTMENT, APPLICANTS AND RECIPIENTS.--(A) SUBJECT TO FEDERAL
4 APPROVAL, ONLY WHERE NECESSARY, EACH ADULT APPLICANT OR
5 RECIPIENT OF CASH ASSISTANCE OR OTHER PERSON WHO IS REQUIRED TO
6 SIGN AN APPLICATION FOR ASSISTANCE SHALL BE REQUIRED AS A
7 CONDITION OF ELIGIBILITY TO ENTER INTO A MUTUAL AGREEMENT WITH
8 THE DEPARTMENT THAT WILL SET FORTH THE RESPONSIBILITIES AND
9 OBLIGATIONS TO BE UNDERTAKEN BY THE RECIPIENT TO ACHIEVE SELF-
10 SUFFICIENCY, THE TIME FRAMES WITHIN WHICH EACH OBLIGATION IS TO
11 BE COMPLETED, THE PENALTIES FOR FAILURE TO COMPLY AND THE
12 ACTIONS TO BE TAKEN BY THE DEPARTMENT TO SUPPORT THE EFFORTS OF
13 THE APPLICANT OR RECIPIENT. WHERE APPROPRIATE, THESE OBLIGATIONS
14 SHALL INCLUDE, BUT NOT BE LIMITED TO:
15 (1) PROVIDING TIMELY AND ACCURATE INFORMATION REQUIRED UNDER
16 SECTION 432.2.
17 (2) COOPERATING IN THE DETERMINATION OF PATERNITY AND
18 ENFORCEMENT OF SUPPORT OBLIGATIONS AS REQUIRED UNDER SECTION
19 432.7.
20 (3) SEEKING AND PARTICIPATING IN AN EDUCATIONAL PROGRAM
21 LEADING TO A HIGH SCHOOL DIPLOMA OR ITS EQUIVALENT, JOB TRAINING
22 OR WORK-RELATED ACTIVITIES AS REQUIRED UNDER SECTION 405.1(A.2).
23 (4) MAINTAINING EMPLOYMENT AS A CONDITION FOR RECEIVING CASH
24 ASSISTANCE AS REQUIRED UNDER SECTION 405.1(A.2).
25 (5) OBTAINING PRENATAL CARE CONSISTENT WITH NATIONALLY
26 RECOGNIZED STANDARDS.
27 (6) MAINTAINING THE HEALTH AND WELL-BEING OF HIS OR HER
28 CHILDREN, INCLUDING:
29 (I) ENSURING THAT CHILDREN ATTEND SCHOOL AND PURSUE A HIGH
30 SCHOOL DIPLOMA OR ITS EQUIVALENT;
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1 (II) ENSURING THAT CHILDREN RECEIVE IMMUNIZATIONS,
2 APPROPRIATE HEALTH SCREENINGS AND NECESSARY MEDICAL TREATMENT,
3 CONSISTENT WITH NATIONALLY RECOGNIZED STANDARDS;
4 (III) PERFORMING ANY OTHER APPROPRIATE ACTIVITY BASED ON AN
5 ASSESSMENT OF THE EDUCATION LEVEL, PARENTING SKILLS AND HISTORY
6 OF PARENTING ACTIVITIES AND INVOLVEMENT OF EACH PARENT WHO IS
7 APPLYING FOR ASSISTANCE;
8 (IV) MEETING OTHER REQUIREMENTS AS ESTABLISHED BY THE
9 DEPARTMENT.
10 (7) FULFILLING OBLIGATIONS FOR REMAINING FREE OF ALCOHOL AND
11 ILLEGAL DRUGS IF IT IS DETERMINED THAT A PERSON HAS AN ONGOING
12 SUBSTANCE-ABUSE PROBLEM THAT PRESENTS A BARRIER TO EMPLOYMENT.
13 THESE OBLIGATIONS INCLUDE:
14 (I) PARTICIPATING IN, MAINTAINING COMPLIANCE WITH AND
15 SATISFACTORILY COMPLETING A DRUG AND ALCOHOL PROGRAM LICENSED OR
16 APPROVED BY THE DEPARTMENT OF HEALTH OR ADMINISTERED BY AN
17 AGENCY OF THE FEDERAL GOVERNMENT; OR
18 (II) PROVIDING PROOF OF SUBSTANCE-FREE STATUS BY SUBMITTING
19 TO PERIODIC DRUG TESTING BY A LICENSED DRUG AND ALCOHOL
20 TREATMENT PROVIDER OR APPROPRIATE AUTHORIZED LICENSED
21 PRACTITIONER AND TESTING SUBSTANCE FREE.
22 (8) FULFILLING ALL OBLIGATIONS FOR PAYMENT OF DAY-CARE FEES
23 FOR CARE PROVIDED.
24 (9) FULFILLING ALL OBLIGATIONS FOR PAYMENT OF SUPPORT
25 SERVICE FEES FOR WHICH ALLOWANCES HAVE BEEN PROVIDED.
26 (D) NOTHING IN THIS SECTION SHALL BE INTERPRETED AS
27 REQUIRING THE DEPARTMENT TO DEVELOP OR OFFER EMPLOYMENT,
28 EDUCATION, TRAINING, WORK-RELATED ACTIVITIES OR WORK EXPERIENCE
29 PROGRAMS.
30 (E) ANY PERSON WHO IS REQUIRED TO SIGN AN APPLICATION FOR
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1 ASSISTANCE AND FAILS OR REFUSES WITHOUT GOOD CAUSE TO ENTER INTO
2 OR COOPERATE IN THE COMPLETION OF AN AGREEMENT OF MUTUAL
3 RESPONSIBILITY SHALL BE INELIGIBLE FOR CASH ASSISTANCE.
4 (F) PENALTIES SHALL BE IMPOSED ON AN APPLICANT OR RECIPIENT
5 OF CASH ASSISTANCE WHO FAILS TO COMPLY WITH THE OBLIGATIONS SET
6 FORTH IN THE AGREEMENT OF MUTUAL RESPONSIBILITY. PENALTIES SHALL
7 INCLUDE DISQUALIFICATION FROM RECEIVING ASSISTANCE AS FOLLOWS:
8 (1) SANCTIONS FOR FAILURE TO COMPLY WITH EMPLOYMENT AND
9 WORK-RELATED REQUIREMENTS AS SET FORTH IN SECTION 432.3(A)(1)
10 AND (2).
11 (2) SANCTIONS FOR FAILURE TO COOPERATE WITH CHILD SUPPORT
12 REQUIREMENTS AS SET FORTH IN SECTION 432.7A.
13 (3) SANCTIONS FOR FAILURE TO DISCLOSE TRUTHFUL AND ACCURATE
14 INFORMATION AS SET FORTH IN SECTION 481.
15 (4) SANCTIONS FOR FAILURE TO COOPERATE WITH OTHER ASPECTS OF
16 THE AGREEMENT OF MUTUAL RESPONSIBILITY SHALL INCLUDE
17 DISCONTINUANCE OR REDUCTION OF CASH ASSISTANCE, IN ADDITION TO
18 OTHER PENALTIES ESTABLISHED BY THE DEPARTMENT.
19 (5) BEFORE SANCTIONS MAY BE IMPOSED, THE DEPARTMENT SHALL,
20 AFTER COMPLETION OF ITS INTERNAL CONCILIATION AND SUPERVISORY
21 REVIEW, ESTABLISH A PROCEDURE WHEREBY A CONTRACTED SOCIAL
22 SERVICE AGENCY OR NONPROFIT CORPORATION IS INFORMED OF THE
23 PROSPECTIVE SANCTION AND WILL THEN MAKE PERSONAL CONTACT WITH
24 THE PERSON TO ATTEMPT TO RESOLVE THE PLANNED ADVERSE ACTION AND
25 SECURE COMPLIANCE WITH THE REQUIREMENTS. THE AGENCY SHALL HAVE A
26 REASONABLE TIME TO ACCOMPLISH ITS RESPONSIBILITIES. IF A
27 SANCTION HAS BEEN IMPOSED AGAINST THE HOUSEHOLD, A REFERRAL
28 SHALL BE MADE TO THE AGENCY OR ORGANIZATION FOR THE PROVISION OF
29 CASE MANAGEMENT TO CURE THE SANCTION AND TO PREVENT FUTURE
30 SANCTIONS.
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1 SECTION 2. SECTION 471 OF THE ACT IS REPEALED.
2 SECTION 3. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
3 (1) THE AMENDMENT OF SECTIONS 405.1(A.2)(5) AND (6) AND
4 (A.3)(1) AND 405.3 OF THE ACT SHALL TAKE EFFECT IN 60 DAYS.
5 (2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT
6 IMMEDIATELY.
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