PRINTER'S NO. 2498
No. 1911 Session of 2003
INTRODUCED BY VANCE, MANDERINO, DAILEY, DiGIROLAMO, ARMSTRONG,
BEBKO-JONES, BUNT, CAPPELLI, COY, CRAHALLA, CREIGHTON, DALLY,
DeWEESE, FLEAGLE, FORCIER, FREEMAN, GEIST, HENNESSEY,
LAUGHLIN, McGEEHAN, MICOZZIE, MUNDY, NAILOR, PAYNE, REICHLEY,
ROSS, SANTONI, SAYLOR, SEMMEL, SOLOBAY, E. Z. TAYLOR,
TRAVAGLIO, TRUE, WALKO, WANSACZ, WATSON, WEBER, YOUNGBLOOD
AND THOMAS, AUGUST 5, 2003
REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES,
AUGUST 5, 2003
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," authorizing certified
4 registered nurse practitioners and physician assistants to
5 verify a person's claim to have a disability which
6 temporarily or permanently precludes the person from any form
7 of employment or work-related activity; and providing for
8 establishment of RESET and eligibility.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Sections 405.1 and 432 of the act of June 13,
12 1967 (P.L.31, No.21), known as the Public Welfare Code, amended
13 May 16, 1996 (P.L.175, No.35), are amended to read:
14 Section 405.1. Establishment of RESET.--(a.1) There is
15 established a program within the department, which shall be
16 known as the Road to Economic Self-sufficiency through
17 Employment and Training (RESET). RESET shall be designed to
18 enable recipients of cash assistance to secure permanent full-
1 time unsubsidized jobs, entry level jobs or part-time jobs which
2 can establish a work history, preferably in the private sector,
3 with wages and benefits that lead to economic independence and
4 self-sufficiency as soon as practicable, within the constraints
5 of available funds.
6 (a.2) In accordance with RESET, the following requirements
7 shall apply:
8 (1) As a condition of eligibility or continuing eligibility
9 for cash assistance, every individual who is not exempt under
10 subsection (a.3) shall seek employment, accept any offer of
11 employment and maintain employment.
12 (2) As a condition of eligibility or continuing eligibility
13 for cash assistance, a nonexempt applicant or recipient who is
14 not employed for an average of at least twenty hours per week
15 shall be required to participate in a work-related activity.
16 (3) A nonexempt applicant's initial work-related activity
17 shall be to conduct an independent job search for a period not
18 to exceed eight weeks. A person who is on the effective date of
19 this subsection a nonexempt recipient shall be required to
20 conduct an independent job search within eight weeks of the
21 recipient's next redetermination of eligibility. The applicant
22 or recipient must document such efforts and present the
23 documentation to the appropriate county assistance office upon
24 request. Failure to comply with the requirements of this section
25 shall result in the imposition of the sanctions set forth in
26 section 432.3.
27 (4) If the initial job search period concludes without the
28 applicant or recipient obtaining full-time employment or
29 employment for an average of at least twenty hours per week, the
30 county assistance office, in consultation with the applicant or
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1 recipient, shall assess the additional measures that may be
2 necessary for the applicant or recipient to seek and obtain
3 employment, including the type of work-related activities that
4 will be used to meet the ongoing work-related activity
5 requirement. These measures shall be incorporated into the
6 applicant's or recipient's agreement of mutual responsibility
7 pursuant to section 405.3.
8 (5) An applicant or recipient may fulfill the work-related
9 activity requirement following the initial job search and
10 consultation with the county assistance office by participating
11 in any one or a combination of vocational education, general
12 education, English-as-a-second-language study or job skills
13 training, as necessary, for a maximum of twelve months. For a
14 recipient or applicant who is eighteen years of age or older and
15 less than twenty-two years of age and who has not earned a high
16 school diploma or its equivalent, pursuit of a high school
17 diploma or a certificate of high school equivalency can fulfill
18 the work-related activity requirement for a maximum of twenty-
19 four months.
20 (6) A recipient who has received assistance for twenty-four
21 months, whether those months are consecutive or interrupted,
22 must work, participate in subsidized employment, work
23 experience, on-the-job training, community service or workfare
24 for an average of at least twenty hours per week. Information
25 indicating noncompliance with the minimum twenty-hour per week
26 requirement shall be cause for a review of eligibility.
27 (a.3) An applicant or recipient may be exempt from the
28 requirements of subsection (a.2) if any of the following apply:
29 (1) The applicant or recipient has been assessed by a
30 physician, certified registered nurse practitioner, physician
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1 assistant or psychologist as having a verified physical or
2 mental disability which temporarily or permanently precludes the
3 applicant or recipient from any form of employment or work-
4 related activity. The verification of the physical or mental
5 disability shall be established by written documentation in a
6 form prescribed by the department and shall be based on
7 acceptable clinical and laboratory diagnostic techniques, rather
8 than a statement of symptoms by the applicant or recipient. The
9 department may also require the applicant or recipient to submit
10 to an independent examination as a condition of receiving
11 assistance. An applicant or recipient with a verified physical
12 or mental disability that is temporary in nature must pursue
13 appropriate treatment as a condition of receiving assistance.
14 (2) The applicant or recipient is a specified relative
15 caring for a child who is under six years of age and for whom
16 alternate child care arrangements are unavailable.
17 (3) The applicant or recipient is under eighteen years of
18 age. An applicant or recipient under this clause shall be
19 required to pursue a high school diploma or a certificate of
20 high school equivalency.
21 (a.4) An applicant or recipient who is exempt under
22 subsection (a.3) shall be required to comply with subsection
23 (a.2) as follows:
24 (1) An applicant or recipient who is exempt under subsection
25 (a.3)(1) shall be required to comply with subsection (a.2) when
26 the condition which caused the person to be unable to be
27 employed ceases as follows:
28 (i) If the condition ceases during the first twenty-two
29 months that the recipient receives cash assistance, whether
30 those months are consecutive or interrupted, the recipient shall
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1 be required to comply with subsection (a.2) immediately.
2 (ii) If the condition ceases after the recipient has
3 received cash assistance for twenty-two months or more, whether
4 those months are consecutive or interrupted, the recipient shall
5 be required to comply with subsection (a.2) within eight weeks.
6 (2) An applicant or recipient who is exempt under subsection
7 (a.3)(2) shall be required to comply with subsection (a.2) as
8 soon as alternate child care arrangements are available.
9 (3) Upon attaining eighteen years of age, the recipient who
10 is exempt under subsection (a.3)(3) shall be required to comply
11 with subsection (a.2).
12 (b) Any applicant or recipient exempted from subsection
13 (a.2) may participate in employment and work-related activities.
14 (c) No applicant or recipient subject to the requirements of
15 subsection (a.2) shall refuse to accept a bona fide offer of
16 employment or training.
17 In order to be a bona fide offer of employment, there must be
18 reasonable assurances that:
19 (1) Appropriate standards for the health, safety, minimum
20 wage and other conditions applicable to the performance of work
21 and training in the employment are established and will be
22 maintained.
23 (2) The offer of employment will not result in any
24 displacement of employed workers.
25 (3) With respect to such employment, the conditions of work,
26 training, education, and employment are reasonable in the light
27 of such factors as the type of work, geographical region, and a
28 proficiency of the participant.
29 (4) The employment is not available due to labor dispute,
30 strike or lock-out.
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1 (d) Any applicant or recipient who wilfully fails to fulfill
2 the obligations pursuant to subsection (a.2) shall be ineligible
3 for cash assistance in accordance with section 432.3.
4 Section 432. Eligibility.--Except as hereinafter otherwise
5 provided, and subject to the rules, regulations, and standards
6 established by the department, both as to eligibility for
7 assistance and as to its nature and extent, needy persons of the
8 classes defined in clauses (1), (2), and (3) shall be eligible
9 for assistance:
10 (1) Persons for whose assistance Federal financial
11 participation is available to the Commonwealth as aid to
12 families with dependent children or as other assistance, and
13 which assistance is not precluded by other provisions of law.
14 (2) Persons who are eligible for State supplemental
15 assistance.
16 (i) State supplemental assistance shall be granted to
17 persons who receive Federal supplemental security income for the
18 aged, blind and disabled pursuant to Title XVI of the Federal
19 Social Security Act.
20 (ii) State supplemental assistance shall also be granted to
21 persons who are aged, blind and disabled, as defined in Title
22 XVI of the Federal Social Security Act, and whose income,
23 pursuant to the standards and income disregards of Title XVI of
24 the Social Security Act, is less than the combined income of the
25 Federal payments under the supplemental security income program
26 and the State supplemental assistance payments established
27 pursuant to the provisions of this act.
28 (iii) In establishing the amounts of the State supplemental
29 assistance, the department shall consider the funds certified by
30 the Budget Secretary as available for State supplemental
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1 assistance, pertinent Federal legislation and regulation, the
2 cost-of-living and the number of persons who may be eligible.
3 (iv) Beneficiaries of State supplemental assistance shall be
4 eligible for cash State financial assistance to cover the cost
5 of special needs as defined by statute and regulations
6 promulgated under this act.
7 (v) After the amounts of assistance payments have been
8 determined by the department with the approval of the Governor
9 and General Assembly, the amounts of assistance payments shall
10 not be reduced as a consequence of assistance increases,
11 including but not limited to cost-of-living increases, provided
12 through Federal legislation.
13 (vi) After the amounts of assistance payments have been
14 determined by the department with the approval of the Governor
15 and General Assembly, the amounts of assistance payments shall
16 not be increased without the approval of the General Assembly in
17 accordance with the procedure established by the act of April 7,
18 1955 (P.L.23, No.8) known as the "Reorganization Act of 1955,"
19 and a message to the General Assembly from the Governor for the
20 purposes of executing such function shall be transmitted as in
21 other cases under the Reorganization Act.
22 (3) Other persons who are citizens of the United States, or
23 lawfully admitted aliens who are eligible for general
24 assistance.
25 (i) Persons who may be eligible for general assistance for
26 an indeterminate period as a result of medical, social or
27 related circumstances shall be limited to:
28 (A) A child who is under age eighteen or who is eighteen
29 through twenty years of age and attending a secondary or
30 equivalent vocational or technical school full-time and may
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1 reasonably be expected to complete the program before reaching
2 twenty-one years of age.
3 (B) Persons who are parents residing in two-parent
4 households with their child who is under thirteen years of age
5 unless the child is thirteen years of age or older and has a
6 verified disability. Every possible effort shall be made by the
7 department to place these persons in the AFDC program.
8 (C) A person who has been assessed by a physician, certified
9 registered nurse practitioner, physician assistant or
10 psychologist as having a verified physical or mental disability
11 which temporarily or permanently precludes him or her from any
12 gainful employment. The verification of the physical or mental
13 disability must be established by written documentation in a
14 form prescribed by the department and must be based on
15 acceptable clinical and laboratory diagnostic techniques, rather
16 than a statement of symptoms by the applicant or recipient. The
17 department may also require the applicant or recipient to submit
18 to an independent examination as a condition of receiving
19 assistance. An applicant or recipient with a verified physical
20 or mental disability which is temporary in nature shall pursue
21 appropriate treatment as a condition of receiving assistance.
22 (D) A person who is a nonparental caretaker of a child under
23 thirteen years of age or a caretaker of another person because
24 of illness or disability. Such child or other person must be a
25 member of the household and the caretaker must be a person whose
26 presence is required in the home to care for another person as
27 determined in accordance with department regulations. Assistance
28 shall not be granted to a person under this clause if there is
29 another adult in the household who is capable of providing the
30 care without general assistance being required.
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1 (E) A person who is currently undergoing active treatment
2 for substance abuse in a drug and alcohol program licensed or
3 approved by the Department of Health or administered by an
4 agency of the Federal Government. A person shall only qualify
5 for general assistance under this clause if the treatment
6 program precludes the person from any form of employment in
7 accordance with standards established by the department. No
8 individual shall qualify for general assistance under this
9 clause for more than nine months in a lifetime.
10 (F) A pregnant woman whose pregnancy has been medically
11 verified.
12 (G) A person who is a victim of domestic violence and who is
13 receiving protective services as defined by the department. No
14 individual shall qualify for general assistance under this
15 provision for more than nine months in that person's lifetime.
16 (ii) General assistance shall continue as long as the person
17 remains eligible. Redeterminations shall be conducted on at
18 least an annual basis, and persons shall be required to seek
19 employment, accept any offer of employment and maintain
20 employment as conditions of eligibility except as otherwise
21 exempt under section 405.1(a.3).
22 (iv) No transitionally needy assistance shall be initially
23 authorized after June 30, 1995. Any person receiving
24 transitionally needy general assistance as of the effective date
25 of this subclause may continue to receive that assistance until
26 sixty days of assistance are exhausted in accordance with
27 subclause (iii). Transitionally needy assistance received after
28 June 30, 1993, shall be applied to the total period of
29 assistance. Transitionally needy general assistance shall cease
30 on the earlier of:
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1 (A) the date of the final issuance of assistance; or
2 (B) August 29, 1995.
3 (4) Assistance shall not be granted (i) to or in behalf of
4 any person who disposed of his real or personal property, of the
5 value of five hundred dollars ($500), or more, without fair
6 consideration, within two years immediately preceding the date
7 of application for assistance unless he is eligible for State
8 supplemental assistance; or (ii) to an inmate of a public
9 institution.
10 (5) (i) Assistance may be granted only to or in behalf of a
11 resident of Pennsylvania. Needy persons who do not meet the
12 residence requirements stated in this clause and who are
13 transients or without residence in any state, may be granted
14 assistance up to seven days in the form of vendor payments, all
15 in accordance with rules, regulations, and standards established
16 by the department.
17 (ii) Cash assistance for applicants and recipients of aid to
18 families with dependent children who have resided in this
19 Commonwealth for less than twelve months shall not exceed the
20 lesser of the maximum assistance payment that would have been
21 received from the applicant's or recipient's state of prior
22 residence or the maximum assistance payment available to the
23 applicant or recipient in this Commonwealth.
24 (6) Aid to families with dependent children shall not be
25 paid to any family for any month in which any caretaker relative
26 with whom the child is living is, on the last day of such month,
27 participating in a strike, and no individual's needs shall be
28 included in determining the amount of aid payable for any month
29 to a family if, on the last day of such month, such individual
30 is participating in a strike.
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1 (8) A person who does not meet a definitive condition for
2 aid to families with dependent children solely because of the
3 person's refusal to cooperate in establishing eligibility for
4 aid to families with dependent children shall also be ineligible
5 for general assistance.
6 (9) Assistance may not be granted to any person who has been
7 sentenced for a felony or misdemeanor offense and who has not
8 otherwise satisfied the penalty imposed on that person by law.
9 Notwithstanding any provisions in 18 Pa.C.S. Ch. 91 (relating to
10 criminal history record information), the cooperative agreements
11 provided for in this clause shall provide the department with
12 access to the central repository within the Pennsylvania State
13 Police in order to carry out the objectives of this section. The
14 Pennsylvania State Police and the Pennsylvania Board of
15 Probation and Parole shall have access to the records of the
16 Assistance Recipient Identification Program under section 414
17 within the department in order to carry out the objectives of
18 section 414. For cash assistance applicants and recipients, the
19 department shall enter into cooperative agreements with the
20 Pennsylvania State Police and the Pennsylvania Board of
21 Probation and Parole to ensure that no cash assistance is
22 granted to a person who has been sentenced for a felony or
23 misdemeanor offense. For this purpose, the department may access
24 and provide information available pursuant to section 414. As
25 used in this clause, "satisfied the penalty" means completed the
26 period of incarceration or extension thereof and paid all fines,
27 costs and restitution. Nothing in this clause shall be deemed to
28 exclude from cash assistance any person who has been paroled
29 from a term of imprisonment, or any person who is in compliance
30 with all terms of probation, and who has made either full
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1 payment of all fines, costs and restitution or is in compliance
2 with an approved payment plan.
3 (10) Assistance shall not be granted to any applicant or
4 recipient who is under eighteen years of age and who has never
5 been married and is pregnant and/or caring for a dependent child
6 unless the minor parent is residing with a parent, legal
7 guardian or other adult relative or in an adult-supervised
8 supportive living arrangement approved by the department. In the
9 event that the minor parent is residing with a parent, legal
10 guardian or other adult relative or in an adult-supervised
11 supportive living arrangement approved by the department,
12 assistance shall be paid to the parent, legal guardian or other
13 adult with whom the minor parent is residing. Exceptions to this
14 subsection will be granted by the department if it is determined
15 that an exception would best serve the health and safety of the
16 minor parent and the child or if the minor parent can present
17 evidence that the parent, legal guardian or other adult:
18 (i) refuses or is unable to allow the minor parent or child
19 to live in his or her home;
20 (ii) poses an emotional or physical threat to the minor
21 parent or child;
22 (iii) has physically or sexually abused the minor parent or
23 the minor parent's child or any other child in the household or
24 poses a risk of doing so;
25 (iv) has exhibited neglect of the minor parent or the minor
26 parent's child; or
27 (v) has spent the minor parent's assistance in an improper
28 manner.
29 If the minor parent does not meet any of the exceptions set
30 forth in this clause and the parents or legal guardian live
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1 within this Commonwealth or another state, the minor parent and
2 child may be given a one-time allowance solely for the limited
3 purpose of reuniting that minor parent and child with a parent,
4 legal guardian or other adult relative at their place of
5 residence. The amount of the allowance shall be limited to the
6 least expensive mode of transportation available.
7 (11) A person who is ineligible for general assistance or
8 medical assistance under this act shall be ineligible for
9 assistance under the act of June 24, 1937 (P.L.2017, No.396),
10 known as the "County Institution District Law," and the act of
11 August 9, 1955 (P.L.323, No.130), known as "The County Code."
12 Section 2. Any regulations of the Department of Public
13 Welfare that are inconsistent with this act are hereby abrogated
14 to the extent of that inconsistency.
15 Section 3. This act shall take effect in 60 days.
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