Trial Engrossment of Amendment A04183 to House Bill 0833 P.N. 1492, Regular Session 2019-2020

A04183

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

833

Session of

2019

INTRODUCED BY OWLETT, PICKETT, RYAN, SAYLOR, JAMES, MIZGORSKI,

NEILSON, COX AND MOUL, MARCH 14, 2019

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,

APRIL 17, 2019

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 verification of eligibility and for

nonemergency medical transportation services.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 441.9 of the act of June 13, 1967

(P.L.31, No.21), known as the Human Services Code, is amended by

adding subsections to read:

Section 441.9. Verification of Eligibility.--* * *

(d) All applicants and recipients shall, as a condition of

eligibility, cooperate with the department in securing medical

support from the noncustodial parent of any child for whom

medical assistance is sought or provided IN ALL CASES IN WHICH

SUPPORT IS BEING SOUGHT FOR THE CHILD . The department may not

accept a private agreement between a custodial parent and a

noncustodial parent that the custodial parent will provide

medical support if the agreement results in the child foregoing

medical support which would otherwise be available to the child

under 23 Pa.C.S. § 4326 (relating to mandatory inclusion of

child medical support). An agreement made in violation of this

subsection shall be considered void as contrary to public

policy. Medical assistance shall be provided to a child without

delay while the department is making a determination of the

noncustodial parent's ability to provide medical support.

(e) The requirements of subsection (d) shall not apply if:

(1) The custodial parent is a victim of domestic violence

perpetrated by the noncustodial parent. Domestic violence shall

be verified using State standards developed under section 402(a)

(7) of the Personal Responsibility and Work Opportunity

Reconciliation Act of 1996 (Public Law 104-193, 42 U.S.C. §

602(a)(7)).

(2) The application of subsection (d) endangers the well-

being of a child by interrupting the child's continuity of

medical care.

(3) THE PURSUIT OF MEDICAL SUPPORT FROM THE NONCUSTODIAL

PARENT HARMS EITHER THE CHILD OR THE CUSTODIAL PARENT'S WELL-

BEING AS DOCUMENTED PURSUANT TO REGULATIONS PROMULGATED BY THE

DEPARTMENT.

(f) If the department determines that the noncustodial

parent withheld information required under subsection (d), the

noncustodial parent shall reimburse the department for the cost

of the medical assistance provided to the child. Nothing in this

section shall be construed to make the minor ineligible for

medical assistance.

Section 2. This act shall take effect in 60 days.

Section 2. Section 443.12 of the act, amended or added June

22, 2018 (P.L.258, No.40), and June 28, 2019 (P.L.168, No.19),

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is amended to read:

Section 443.12. Nonemergency Medical Transportation

Services.--(a) The department shall amend the Commonwealth's

State Plan under Title XIX of the Social Security Act (49 Stat.

620, 42 U.S.C. § 1396 et seq.) to provide nonemergency medical

transportation services to eligible and enrolled medical

assistance recipients utilizing a Statewide or regional [full-

risk brokerage] model.

(b) Subject to Federal approval of the amendments to the

Commonwealth's approved Title XIX State Plan, the department

shall develop a proposal and solicit a broker to administer the

program. A broker determined eligible by the department may

submit a proposal. The department shall enter into a contract

with each broker whose proposal has been selected to administer

the program.

[(c) The department shall issue the solicitation for a

Statewide or regional full-risk brokerage model within one

hundred eighty days after the effective date of this subsection.

(d) The department may not enter into a contract with a

broker under subsection (b) prior to the completion of the

analysis required under subsection (e).]

(e) [Prior to the implementation of the full-risk brokerage

model, the] The department, in coordination with the Department

of Transportation and the Department of Aging, shall commission

an analysis that provides at a minimum the following:

(1) An analysis of current Federal and State law,

regulations and policies controlling the nonemergency medical

transportation and other human services transportation programs

administered in the Commonwealth, including the authorized

methods of delivery and limitations or restrictions imposed on

A04183 - 3 -

the methods of delivery.

(2) An analysis of the effectiveness and efficiency of the

current nonemergency transportation service delivery as it

relates to all human service programs in this Commonwealth.

(3) A review of other states' models of delivering

nonemergency medical and other human services transportation,

including the number of other states that utilize a full-risk

brokerage model and the effect a brokerage model has had on

public transit in those states.

(4) An analysis of the positive and negative impact of

maintaining the current transportation delivery model versus

implementing a full-risk brokerage model as it relates to the

State and local government entities, including financial impact.

(5) An analysis of the impact on consumers, including an

increase or decrease in quality and service availability.

(f) The analysis under subsection (e) shall be completed no

later than one hundred eighty days from the effective date of

this subsection. A preliminary report of the analysis under

subsection (e) shall be completed no later than ninety days from

the effective date of this subsection. The analysis under

subsection (e) and the preliminary report under this subsection

shall be delivered to the following:

(1) The Secretary of Human Services.

(2) The Secretary of Aging.

(3) The Secretary of Transportation.

(4) The chairperson and minority chairperson of the

Appropriations Committee of the Senate.

(5) The chairperson and minority chairperson of the

Appropriations Committee of the House of Representatives.

(6) The chairperson and minority chairperson of the Health

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and Human Services Committee of the Senate.

(7) The chairperson and minority chairperson of the Health

Committee of the House of Representatives.

(g) A full-risk brokerage model may not be implemented until

legislation is enacted to do all of the following:

(1) Authorize a change in the implementation of nonemergency

medical transportation services.

(2) Transfer the function of implementing nonemergency

medical transportation services from the department to the

Department of Transportation.

Section 3. This act shall take effect as follows:

(1) The amendment of section 441.9 of the act shall take

effect in 60 days.

(2) The remainder of this act shall take effect

immediately.

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