CORRECTIVE REPRINT PRIOR PRINTER'S NO. 3367 PRINTER'S NO. 3969
No. 2579 Session of 1992
INTRODUCED BY FLICK, RYAN, PERZEL, BARLEY, PHILLIPS, CARLSON, ALLEN, ADOLPH, ANDERSON, ANGSTADT, ARMSTRONG, BIRMELIN, BLACK, BROWN, CESSAR, CHADWICK, CLARK, CLYMER, CORNELL, DEMPSEY, DURHAM, DENT, FAIRCHILD, FARGO, FARMER, FOSTER, GALLEN, GEIST, GERLACH, GLADECK, GODSHALL, GRUPPO, HASAY, HERMAN, HERSHEY, HESS, JADLOWIEC, KENNEY, KING, LANGTRY, LEH, MARSICO, McHUGH, MICOZZIE, NAILOR, NOYE, NYCE, O'BRIEN, PICCOLA, PITTS, RAYMOND, REBER, REINARD, SAURMAN, SCHEETZ, SCHULER, SEMMEL, B. SMITH, S. SMITH, D. W. SNYDER, STAIRS, E. Z. TAYLOR, TULLI, VANCE, VROON AND M. N. WRIGHT, MARCH 30, 1992
REFERRED TO COMMITTEE ON HEALTH AND WELFARE, MARCH 30, 1992
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 restricting 4 assistance payments and medical assistance to certain 5 chronically needy persons; and making repeals. 6 The General Assembly of the Commonwealth of Pennsylvania 7 hereby enacts as follows: 8 Section 1. Sections 432(3)(i)(H) and (I) and (iii), 442.1 9 and 491(b) of the act of June 13, 1967 (P.L.31, No.21), known as 10 the Public Welfare Code, amended or added April 8, 1982 11 (P.L.231, No.75), are amended to read: 12 Section 432. Eligibility.--Except as hereinafter otherwise 13 provided, and subject to the rules, regulations, and standards 14 established by the department, both as to eligibility for
1 assistance and as to its nature and extent, needy persons of the 2 classes defined in clauses (1), (2), and (3) shall be eligible 3 for assistance: 4 * * * 5 (3) Other persons who are citizens of the United States, or 6 legally admitted aliens and who are chronically needy or 7 transitionally needy persons. 8 (i) Chronically needy persons are those persons chronically 9 in need who may be eligible for an indeterminate period as a 10 result of medical, social or related circumstances and shall be 11 limited to: 12 * * * 13 (H) Any person who has previously been employed full time 14 [for at least forty-eight months out of the previous eight 15 years] and has exhausted his or her unemployment compensation 16 benefits prior to applying for assistance. 17 [(I) Any person who does not otherwise qualify as 18 chronically needy, and who is receiving general assistance on 19 the date this section is enacted into law and who has not 20 refused a bona fide job offer or otherwise failed to comply with 21 all employment requirements of this act and regulations 22 promulgated thereunder. Such person must comply with all 23 employment requirements of this act and regulations promulgated 24 thereunder. If after the date this section is enacted into law a 25 person's general assistance grants are terminated, then that 26 person may not subsequently qualify for general assistance under 27 this clause except when such person has been terminated from 28 employment through no fault of his own and has not met the 29 minimum credit week qualifications of the act of December 5, 30 1936 (2nd Sp.Sess., 1937 P.L.2897, No.1), known as the 19920H2579B3969 - 2 -
1 "Unemployment Compensation Law." If it is determined that the 2 classification of persons according to their status on the date 3 of enactment as provided in this clause is invalid, then the 4 remainder of this act shall be given full force and effect as if 5 this clause had been omitted from this act, and individuals 6 defined in this clause shall be considered transitionally needy 7 if otherwise eligible. No person shall qualify for general 8 assistance under this clause after December 31, 1982.] 9 * * * 10 [(iii) Transitionally needy persons are those persons who 11 are otherwise eligible for general assistance but do not qualify 12 as chronically needy. Assistance for transitionally needy 13 persons shall be authorized only once in any twelve-month period 14 in an amount not to exceed the amount of ninety days' 15 assistance.] 16 * * * 17 Section 442.1. The Medically Needy; Determination of 18 Eligibility.--A person shall be considered medically needy if 19 he: 20 (1) Resides in Pennsylvania, regardless of the duration of 21 his residence or his absence therefrom; and 22 (2) Meets the standards of financial eligibility established 23 by the department with the approval of the Governor. In 24 establishing these standards the department shall take into 25 account (i) the funds certified by the Budget Secretary as 26 available for medical assistance for the medically needy; (ii) 27 pertinent Federal legislation and regulations; and (iii) the 28 cost of living. [Transitionally needy persons who are not 29 eligible for cash assistance by reason of section 432(3)(iii) 30 shall be considered medically needy if otherwise eligible.] 19920H2579B3969 - 3 -
1 Section 491. Employment Incentive Payments.--* * * 2 (b) An employment incentive payment may be claimed by an 3 employer who hires any person who is receiving aid to families 4 with dependent children or who is classified as chronically [or 5 transitionally] needy at the time of employment except that 6 payments shall not be provided for: 7 (1) The employment of any person who displaces any other 8 individual from employment, except persons discharged for cause 9 as certified by the Office of Employment Security. 10 (2) The employment of any person closely related, as defined 11 by paragraphs (1) through (8) of section 152(a) of the Internal 12 Revenue Code, to the taxpayer, or, if the taxpayer is a 13 corporation, to an individual who owns, directly or indirectly 14 more than fifty percent of the outstanding stock of the 15 corporation, bank, savings institution, company, insurance 16 company, or mutual thrift institution. 17 (3) The employment of an individual for whom the employer is 18 simultaneously receiving Federally or State funded job training 19 payments. 20 * * * 21 Section 2. (a) The following acts and parts of acts are 22 repealed insofar as they provide job training or grants for 23 persons classified as transitionally needy: 24 Act of July 13, 1987 (P.L.332, No.62), known as the Project 25 Independence Act. 26 Act of July 13, 1987 (P.L.342, No.65), known as the 27 Employment Opportunities Act. 28 (b) The repeals under subsection (a) shall be applied 29 prospectively and shall not affect any job training program or 30 grant entered into on or prior to July 1, 1992. 19920H2579B3969 - 4 -
1 Section 3. The amendment affecting transitionally needy in 2 section 491(b) of the act shall only apply to persons applying 3 for employment on or after July 1, 1992. 4 Section 4. This act shall take effect July 1, 1992. C23L67RZ/19920H2579B3969 - 5 -