PRIOR PRINTER'S NO. 2424 PRINTER'S NO. 2735
No. 1936 Session of 1999
INTRODUCED BY MAITLAND, E. Z. TAYLOR, CORRIGAN, MICOZZIE,
ARGALL, BAKER, BARRAR, BASTIAN, L. I. COHEN, COLAFELLA,
DAILEY, DeLUCA, DeWEESE, HARHAI, HASAY, HENNESSEY, HORSEY,
JOSEPHS, LAUGHLIN, LEDERER, LESCOVITZ, MASLAND, McCALL,
McILHATTAN, McILHINNEY, MELIO, MYERS, NICKOL, PIPPY,
PISTELLA, PLATTS, RAMOS, SATHER, SEYFERT, SHANER,
S. H. SMITH, STABACK, TRELLO, WALKO, WASHINGTON, WOJNAROSKI,
WRIGHT, YUDICHAK, WILLIAMS, THOMAS, BROWNE, HUTCHINSON,
STEELMAN, STEVENSON AND SCHULER, OCTOBER 12, 1999
AS REPORTED FROM COMMITTEE ON HEALTH AND HUMAN SERVICES, HOUSE
OF REPRESENTATIVES, AS AMENDED, DECEMBER 6, 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," providing for increase to
4 State supplemental assistance for persons in personal care
5 homes AND FOR PERSONAL NEEDS ALLOWANCE DEDUCTION FOR MEDICAL <--
6 ASSISTANCE ELIGIBLE PERSONS IN NURSING FACILITIES; and
7 further providing for rules and regulations for personal care
8 homes.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. The act of June 13, 1967 (P.L.31, No.21), known
12 as the Public Welfare Code, is amended by adding a section <--
13 SECTIONS to read: <--
14 Section 432.23. Increase to State Supplemental Assistance
15 for Persons in Personal Care Homes.--(a) Notwithstanding any
16 other provision of this act or regulations of the department to
17 the contrary, the amount of State supplemental assistance
1 payable to a person who is eligible under section 432(2)(i) and
2 who is a resident of a personal care home shall be increased by
3 an amount of fifteen dollars ($15) per day.
4 (b) The amount of State supplemental assistance payable
5 under subsection (a) shall be increased beginning July 1, 2000,
6 by an amount equal to the increase in the Consumer Price Index
7 for Urban Wage Earners for the immediately preceding calendar
8 year, which amount shall be published in the Pennsylvania
9 Bulletin annually by the department on or before the preceding
10 November 30.
11 SECTION 443.7. PERSONAL NEEDS ALLOWANCE DEDUCTION FOR <--
12 MEDICAL ASSISTANCE ELIGIBLE PERSONS IN NURSING FACILITIES.--(A)
13 A PERSONAL NEEDS ALLOWANCE OF NOT LESS THAN $40 PER MONTH, FOR
14 CLOTHING AND OTHER PERSONAL NEEDS, SHALL BE DEDUCTED FROM A
15 MEDICAL ASSISTANCE ELIGIBLE PERSON'S GROSS INCOME, AS DEFINED BY
16 DEPARTMENTAL REGULATION, FOR PURPOSES OF DETERMINING THE AMOUNT
17 THAT PERSON MUST PAY TOWARD THE COST OF SKILLED HEALTH CARE AND
18 INTERMEDIATE SERVICES OR INTERMEDIATE CARE WHILE RESIDING IN A
19 NURSING FACILITY.
20 (B) THE PERSONAL NEEDS ALLOWANCE UNDER SUBSECTION (A) SHALL
21 BE INCREASED BEGINNING JULY 1, 2000, BY AN AMOUNT EQUAL TO THE
22 INCREASE IN THE CONSUMER PRICE INDEX FOR URBAN WAGE EARNERS FOR
23 THE IMMEDIATELY PRECEDING CALENDAR YEAR, WHICH AMOUNT SHALL BE
24 PUBLISHED IN THE PENNSYLVANIA BULLETIN ANNUALLY BY THE
25 DEPARTMENT ON OR BEFORE THE PRECEDING NOVEMBER 30.
26 Section 2. Section 1057.3(a)(6) of the act, added December
27 21, 1988 (P.L.1883, No.185), is amended to read:
28 Section 1057.3. Rules and Regulations for Personal Care
29 Home.--(a) The rules and regulations for the licensing of
30 personal care homes promulgated by the department shall require
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1 that:
2 * * *
3 (6) For residents eligible for Supplemental Security Income
4 (SSI) benefits, actual rent and other charges not exceed the
5 resident's actual current monthly income reduced by a personal
6 needs allowance for the resident in an amount to be determined
7 by the department, but not less than [twenty-five dollars ($25)]
8 seventy-five dollars ($75).
9 * * *
10 Section 3. Any regulations or parts of regulations are
11 hereby abrogated to the extent of any inconsistency with this
12 act.
13 Section 4. This act shall take effect in 90 days.
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