PRINTER'S NO. 999
No. 871 Session of 1999
INTRODUCED BY CONTI, HUGHES, HOLL, COSTA, O'PAKE, BODACK,
SCHWARTZ, MELLOW, KUKOVICH AND KASUNIC, MAY 3, 1999
REFERRED TO PUBLIC HEALTH AND WELFARE, MAY 3, 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 defining "work
4 experience"; further providing for establishment of RESET,
5 for work supports, for eligibility for assistance, for
6 failure to comply with employment and work-related activity
7 requirements and for eligibility for medical assistance.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. The definition of "work experience" in section
11 402 of the act of June 13, 1967 (P.L.31, No.21), known as the
12 Public Welfare Code, amended May 16, 1996 (P.L.175, No.35), is
13 amended to read:
14 Section 402. Definitions.--As used in this article, unless
15 the content clearly indicates otherwise:
16 * * *
17 "Work experience" means subsidized employment or unpaid
18 internship of not more than six months' duration which is
19 combined with classroom study or other training program.
20 * * *
1 Section 2. Sections 405.1(a.2), (a.3), 405.3, 432 and 432.3
2 of the act, amended May 16, 1996 (P.L.175, No.35), are amended
3 to read:
4 Section 405.1. Establishment of RESET.--* * *
5 (a.2) In accordance with RESET, the following requirements
6 shall apply:
7 (1) As a condition of eligibility or continuing eligibility
8 for cash assistance, every individual who is not exempt under
9 subsection (a.3) shall seek employment, accept any offer of
10 employment and maintain employment.
11 (2) As a condition of eligibility or continuing eligibility
12 for cash assistance, a nonexempt applicant or recipient who is
13 not employed for an average of at least twenty hours per week
14 shall be required to participate in a work-related activity.
15 (3) A nonexempt applicant's initial work-related activity
16 shall be to conduct an independent job search for a period not
17 to exceed eight weeks. A person who is on the effective date of
18 this subsection a nonexempt recipient shall be required to
19 conduct an independent job search within eight weeks of the
20 recipient's next redetermination of eligibility. The applicant
21 or recipient must document such efforts and present the
22 documentation to the appropriate county assistance office upon
23 request. Failure to comply with the requirements of this section
24 shall result in the imposition of the sanctions set forth in
25 section 432.3.
26 (4) If the initial job search period concludes without the
27 applicant or recipient obtaining full-time employment or
28 employment for an average of at least twenty hours per week, the
29 county assistance office, in consultation with the applicant or
30 recipient, shall assess the additional measures that may be
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1 necessary for the applicant or recipient to seek and obtain
2 employment, including the type of work-related activities that
3 will be used to meet the ongoing work-related activity
4 requirement. These measures shall be incorporated into the
5 applicant's or recipient's agreement of mutual responsibility
6 pursuant to section 405.3.
7 (5) An applicant or recipient may fulfill the work-related
8 activity requirement in clause (4) following the initial job
9 search and consultation with the county assistance office by
10 participating exclusively in any one or a combination of
11 vocational education, general education, English-as-a-second-
12 language study or job skills training, as necessary, for a
13 maximum of twelve months[.]; Provided, however, That an
14 applicant or recipient who has participated in any one or a
15 combination of these activities for a maximum of twelve months
16 may fulfill the work-related activity requirement in clause (4)
17 by continuing to participate in any one or a combination of
18 these activities if the applicant or recipient also participates
19 in any other work-related activity. Recipients shall be
20 specifically informed of these options at the time of initial
21 application and at each redetermination. For a recipient or
22 applicant who is eighteen years of age or older and less than
23 twenty-two years of age and who has not earned a high school
24 diploma or its equivalent, pursuit of a high school diploma or a
25 certificate of high school equivalency can fulfill [the] work-
26 related activity [requirement for a maximum of twenty-four
27 months] requirements.
28 (6) A recipient who has received assistance for twenty-four
29 months, whether those months are consecutive or interrupted,
30 must work, participate in subsidized employment, work
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1 experience, on-the-job training, community service or workfare
2 for an average of at least twenty hours per week.
3 Notwithstanding the above, participation in a program of
4 vocational education may fulfill this requirement for a period
5 of up to twelve months. Participation in a full-time program of
6 post-secondary education, provided the recipient is making
7 satisfactory progress, will fulfill this work requirement for a
8 period up to twenty-four months. Information indicating
9 noncompliance with the minimum twenty-hour per week requirement
10 shall be cause for a review of eligibility.
11 (a.3) An applicant or recipient may be exempt from the
12 requirements of subsection (a.2) if any of the following apply:
13 (1) The applicant or recipient has been assessed by a
14 physician or psychologist as having a verified physical or
15 mental disability which temporarily or permanently precludes the
16 applicant or recipient from any form of employment or work-
17 related activity. The verification of the physical or mental
18 disability shall be established by written documentation in a
19 form prescribed by the department and shall be based on
20 acceptable clinical and laboratory diagnostic techniques, rather
21 than a statement of symptoms by the applicant or recipient. The
22 department may also require the applicant or recipient to submit
23 to an independent examination as a condition of receiving
24 assistance. An applicant or recipient with a verified physical
25 or mental disability that is temporary in nature must pursue
26 appropriate treatment as a condition of receiving assistance.
27 (2) The applicant or recipient is a specified relative
28 caring for a child who is under six years of age and for whom
29 alternate child care arrangements are unavailable.
30 (3) The applicant or recipient is under eighteen years of
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1 age. An applicant or recipient under this clause shall be
2 required to pursue a high school diploma or a certificate of
3 high school equivalency.
4 (4) The applicant or recipient is a caretaker of a child or
5 another adult who is in need of a caretaker because of chronic
6 illness or disability.
7 (5) The applicant or recipient who, upon reaching the
8 twenty-fourth month on cash assistance, is participating in a
9 program of vocational education, general education, English-as-
10 a-second-language study or job skills training, provided that
11 the recipient is making satisfactory progress as determined by
12 the educational institution. This exemption shall apply for
13 twelve months or until completion of the program, whichever
14 comes first.
15 * * *
16 Section 405.3. Responsibilities and Obligations of
17 Department, Applicants and Recipients.--(a) Subject to Federal
18 approval, only where necessary, each adult applicant or
19 recipient of cash assistance or other person who is required to
20 sign an application for assistance shall be required as a
21 condition of eligibility to enter into a mutual agreement with
22 the department that will set forth the responsibilities and
23 obligations to be undertaken by the recipient to achieve self-
24 sufficiency, the time frames within which each obligation is to
25 be completed, the penalties for failure to comply and the
26 actions to be taken by the department to support the efforts of
27 the applicant or recipient. Where appropriate, these obligations
28 shall include, but not be limited to:
29 (1) Providing timely and accurate information required under
30 section 432.2.
19990S0871B0999 - 5 -
1 (2) Cooperating in the determination of paternity and
2 enforcement of support obligations as required under section
3 432.7.
4 (3) Seeking and participating in an educational program
5 leading to a high school diploma or its equivalent, job training
6 or work-related activities as required under section 405.1(a.2).
7 (4) Maintaining employment as a condition for receiving cash
8 assistance as required under section 405.1(a.2).
9 (5) Obtaining prenatal care consistent with nationally
10 recognized standards.
11 (6) Maintaining the health and well-being of his or her
12 children, including:
13 (i) ensuring that children attend school and pursue a high
14 school diploma or its equivalent;
15 (ii) ensuring that children receive immunizations,
16 appropriate health screenings and necessary medical treatment,
17 consistent with nationally recognized standards;
18 (iii) performing any other appropriate activity based on an
19 assessment of the education level, parenting skills and history
20 of parenting activities and involvement of each parent who is
21 applying for assistance;
22 (iv) meeting other requirements as established by the
23 department.
24 (7) Fulfilling obligations for remaining free of alcohol and
25 illegal drugs if it is determined that a person has an ongoing
26 substance-abuse problem that presents a barrier to employment.
27 These obligations include:
28 (i) participating in, maintaining compliance with and
29 satisfactorily completing a drug and alcohol program licensed or
30 approved by the Department of Health or administered by an
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1 agency of the Federal Government; or
2 (ii) providing proof of substance-free status by submitting
3 to periodic drug testing by a licensed drug and alcohol
4 treatment provider or appropriate authorized licensed
5 practitioner and testing substance free.
6 (8) Fulfilling all obligations for payment of day-care fees
7 for care provided.
8 (9) Fulfilling all obligations for payment of support
9 service fees for which allowances have been provided.
10 (d) Nothing in this section shall be interpreted as
11 requiring the department to develop or offer employment,
12 education, training, work-related activities or work experience
13 programs.
14 (e) Any person who is required to sign an application for
15 assistance and fails or refuses without good cause to enter into
16 or cooperate in the completion of an agreement of mutual
17 responsibility shall be ineligible for cash assistance.
18 (f) Penalties shall be imposed on an applicant or recipient
19 of cash assistance who fails to comply with the obligations set
20 forth in the agreement of mutual responsibility. Penalties shall
21 include disqualification from receiving assistance as follows:
22 (1) Sanctions for failure to comply with employment and
23 work-related requirements as set forth in section 432.3(a)(1)
24 and (2).
25 (2) Sanctions for failure to cooperate with child support
26 requirements as set forth in section 432.7A.
27 (3) Sanctions for failure to disclose truthful and accurate
28 information as set forth in section 481.
29 (4) Sanctions for failure to cooperate with other aspects of
30 the agreement of mutual responsibility shall include
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1 discontinuance or reduction of cash assistance, in addition to
2 other penalties established by the department.
3 (5) Before sanctions may be imposed, the department shall,
4 after completion of its internal conciliation procedures and
5 supervisory reviews, establish a procedure whereby a contracted
6 social service agency or nonprofit organization will be informed
7 of the prospective sanctions and will then make personal contact
8 with the household to attempt to resolve the planned adverse
9 action and secure compliance with the requirements of the law.
10 The agency will have reasonable time to meet its
11 responsibilities. If sanctions have already been imposed against
12 the household, a referral shall be made to the agency or
13 organization for the provision of case management services.
14 Section 432. Eligibility.--Except as hereinafter otherwise
15 provided, and subject to the rules, regulations, and standards
16 established by the department, both as to eligibility for
17 assistance and as to its nature and extent, needy persons of the
18 classes defined in clauses (1), (2), and (3) shall be eligible
19 for assistance:
20 (1) Persons for whose assistance Federal financial
21 participation is available to the Commonwealth as aid to
22 families with dependent children or as other assistance, and
23 which assistance is not precluded by other provisions of law.
24 (2) Persons who are eligible for State supplemental
25 assistance.
26 (i) State supplemental assistance shall be granted to
27 persons who receive Federal supplemental security income for the
28 aged, blind and disabled pursuant to Title XVI of the Federal
29 Social Security Act.
30 (ii) State supplemental assistance shall also be granted to
19990S0871B0999 - 8 -
1 persons who are aged, blind and disabled, as defined in Title
2 XVI of the Federal Social Security Act, and whose income,
3 pursuant to the standards and income disregards of Title XVI of
4 the Social Security Act, is less than the combined income of the
5 Federal payments under the supplemental security income program
6 and the State supplemental assistance payments established
7 pursuant to the provisions of this act.
8 (iii) In establishing the amounts of the State supplemental
9 assistance, the department shall consider the funds certified by
10 the Budget Secretary as available for State supplemental
11 assistance, pertinent Federal legislation and regulation, the
12 cost-of-living and the number of persons who may be eligible.
13 (iv) Beneficiaries of State supplemental assistance shall be
14 eligible for cash State financial assistance to cover the cost
15 of special needs as defined by statute and regulations
16 promulgated under this act.
17 (v) After the amounts of assistance payments have been
18 determined by the department with the approval of the Governor
19 and General Assembly, the amounts of assistance payments shall
20 not be reduced as a consequence of assistance increases,
21 including but not limited to cost-of-living increases, provided
22 through Federal legislation.
23 (vi) After the amounts of assistance payments have been
24 determined by the department with the approval of the Governor
25 and General Assembly, the amounts of assistance payments shall
26 not be increased without the approval of the General Assembly in
27 accordance with the procedure established by the act of April 7,
28 1955 (P.L.23, No.8) known as the "Reorganization Act of 1955,"
29 and a message to the General Assembly from the Governor for the
30 purposes of executing such function shall be transmitted as in
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1 other cases under the Reorganization Act.
2 (3) Other persons who are citizens of the United States, or
3 lawfully admitted aliens who are eligible for general
4 assistance.
5 (i) Persons who may be eligible for general assistance for
6 an indeterminate period as a result of medical, social or
7 related circumstances shall be limited to:
8 (A) A child who is under age eighteen or who is eighteen
9 through twenty years of age and attending a secondary or
10 equivalent vocational or technical school full-time and may
11 reasonably be expected to complete the program before reaching
12 twenty-one years of age.
13 (B) Persons who are parents residing in two-parent
14 households with their child who is under [thirteen] eighteen
15 years of age unless the child is [thirteen] eighteen years of
16 age or older and has a verified disability. Every possible
17 effort shall be made by the department to place these persons in
18 the [AFDC] TANF (Temporary Assistance to Needy Families)
19 program.
20 (C) A person who has been assessed by a physician or
21 psychologist as having a verified physical or mental disability
22 which temporarily or permanently precludes him or her from any
23 gainful employment. The verification of the physical or mental
24 disability must be established by written documentation in a
25 form prescribed by the department and must be based on
26 acceptable clinical and laboratory diagnostic techniques, rather
27 than a statement of symptoms by the applicant or recipient. The
28 department may also require the applicant or recipient to submit
29 to an independent examination as a condition of receiving
30 assistance. An applicant or recipient with a verified physical
19990S0871B0999 - 10 -
1 or mental disability which is temporary in nature shall pursue
2 appropriate treatment as a condition of receiving assistance.
3 (D) A person who is a nonparental caretaker of a child under
4 [thirteen] eighteen years of age or a caretaker of another
5 person because of illness or disability. Such child or other
6 person must be a member of the household and the caretaker must
7 be a person whose presence is required in the home to care for
8 another person as determined in accordance with department
9 regulations. Assistance shall not be granted to a person under
10 this clause if there is another adult in the household who is
11 capable of providing the care without general assistance being
12 required.
13 (E) A person who is currently undergoing active treatment
14 for substance abuse in a drug and alcohol program licensed or
15 approved by the Department of Health or administered by an
16 agency of the Federal Government. A person shall only qualify
17 for general assistance under this clause if the treatment
18 program precludes the person from any form of employment in
19 accordance with standards established by the department. No
20 individual shall qualify for general assistance under this
21 clause for more than nine months in a lifetime.
22 (F) A pregnant woman whose pregnancy has been medically
23 verified.
24 (G) A person who is a victim of domestic violence and who is
25 receiving protective services as defined by the department. No
26 individual shall qualify for general assistance under this
27 provision for more than nine months in that person's lifetime.
28 (ii) General assistance shall continue as long as the person
29 remains eligible. Redeterminations shall be conducted on at
30 least an annual basis, and persons shall be required to seek
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1 employment, accept any offer of employment and maintain
2 employment as conditions of eligibility except as otherwise
3 exempt under section 405.1(a.3).
4 (iv) No transitionally needy assistance shall be initially
5 authorized after June 30, 1995. Any person receiving
6 transitionally needy general assistance as of the effective date
7 of this subclause may continue to receive that assistance until
8 sixty days of assistance are exhausted in accordance with
9 subclause (iii). Transitionally needy assistance received after
10 June 30, 1993, shall be applied to the total period of
11 assistance. Transitionally needy general assistance shall cease
12 on the earlier of:
13 (A) the date of the final issuance of assistance; or
14 (B) August 29, 1995.
15 (4) Assistance shall not be granted (i) to or in behalf of
16 any person who disposed of his real or personal property, of the
17 value of five hundred dollars ($500), or more, without fair
18 consideration, within two years immediately preceding the date
19 of application for assistance unless he is eligible for State
20 supplemental assistance; or (ii) to an inmate of a public
21 institution.
22 (5) (i) Assistance may be granted only to or in behalf of a
23 resident of Pennsylvania. Needy persons who do not meet the
24 residence requirements stated in this clause and who are
25 transients or without residence in any state, may be granted
26 assistance up to seven days in the form of vendor payments, all
27 in accordance with rules, regulations, and standards established
28 by the department.
29 (ii) Cash assistance for applicants and recipients of aid to
30 families with dependent children who have resided in this
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1 Commonwealth for less than twelve months shall not exceed the
2 lesser of the maximum assistance payment that would have been
3 received from the applicant's or recipient's state of prior
4 residence or the maximum assistance payment available to the
5 applicant or recipient in this Commonwealth.
6 (6) Aid to families with dependent children shall not be
7 paid to any family for any month in which any caretaker relative
8 with whom the child is living is, on the last day of such month,
9 participating in a strike, and no individual's needs shall be
10 included in determining the amount of aid payable for any month
11 to a family if, on the last day of such month, such individual
12 is participating in a strike.
13 (8) A person who does not meet a definitive condition for
14 aid to families with dependent children solely because of the
15 person's refusal to cooperate in establishing eligibility for
16 aid to families with dependent children shall also be ineligible
17 for general assistance.
18 (9) Assistance may not be granted to any person who has been
19 sentenced for a felony or misdemeanor offense and who has not
20 otherwise satisfied the penalty imposed on that person by law.
21 Notwithstanding any provisions in 18 Pa.C.S. Ch. 91 (relating to
22 criminal history record information), the cooperative agreements
23 provided for in this clause shall provide the department with
24 access to the central repository within the Pennsylvania State
25 Police in order to carry out the objectives of this section. The
26 Pennsylvania State Police and the Pennsylvania Board of
27 Probation and Parole shall have access to the records of the
28 Assistance Recipient Identification Program under section 414
29 within the department in order to carry out the objectives of
30 section 414. For cash assistance applicants and recipients, the
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1 department shall enter into cooperative agreements with the
2 Pennsylvania State Police and the Pennsylvania Board of
3 Probation and Parole to ensure that no cash assistance is
4 granted to a person who has been sentenced for a felony or
5 misdemeanor offense. For this purpose, the department may access
6 and provide information available pursuant to section 414. As
7 used in this clause, "satisfied the penalty" means completed the
8 period of incarceration or extension thereof and paid all fines,
9 costs and restitution. Nothing in this clause shall be deemed to
10 exclude from cash assistance any person who has been paroled
11 from a term of imprisonment, or any person who is in compliance
12 with all terms of probation, and who has made either full
13 payment of all fines, costs and restitution or is in compliance
14 with an approved payment plan.
15 (10) Assistance shall not be granted to any applicant or
16 recipient who is under eighteen years of age and who has never
17 been married and is pregnant and/or caring for a dependent child
18 unless the minor parent is residing with a parent, legal
19 guardian or other adult relative or in an adult-supervised
20 supportive living arrangement approved by the department. In the
21 event that the minor parent is residing with a parent, legal
22 guardian or other adult relative or in an adult-supervised
23 supportive living arrangement approved by the department,
24 assistance shall be paid to the parent, legal guardian or other
25 adult with whom the minor parent is residing. Exceptions to this
26 subsection will be granted by the department if it is determined
27 that an exception would best serve the health and safety of the
28 minor parent and the child or if the minor parent can present
29 evidence that the parent, legal guardian or other adult:
30 (i) refuses or is unable to allow the minor parent or child
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1 to live in his or her home;
2 (ii) poses an emotional or physical threat to the minor
3 parent or child;
4 (iii) has physically or sexually abused the minor parent or
5 the minor parent's child or any other child in the household or
6 poses a risk of doing so;
7 (iv) has exhibited neglect of the minor parent or the minor
8 parent's child; or
9 (v) has spent the minor parent's assistance in an improper
10 manner.
11 If the minor parent does not meet any of the exceptions set
12 forth in this clause and the parents or legal guardian live
13 within this Commonwealth or another state, the minor parent and
14 child may be given a one-time allowance solely for the limited
15 purpose of reuniting that minor parent and child with a parent,
16 legal guardian or other adult relative at their place of
17 residence. The amount of the allowance shall be limited to the
18 least expensive mode of transportation available.
19 (11) A person who is ineligible for general assistance or
20 medical assistance under this act shall be ineligible for
21 assistance under the act of June 24, 1937 (P.L.2017, No.396),
22 known as the "County Institution District Law," and the act of
23 August 9, 1955 (P.L.323, No.130), known as "The County Code."
24 Section 432.3. Failure to Comply with Employment and Work-
25 Related Activity Requirements.--(a) An applicant or recipient
26 who is not exempt from participation in the employment or work-
27 related activity requirements set forth in section 405.1(a.2)
28 and who without good cause: (i) voluntarily terminates
29 employment or reduces earnings; (ii) fails to apply for work at
30 such time and in such manner as the department may prescribe; or
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1 (iii) fails or refuses to accept referral to and participate in
2 a work-related activity, or refuses to accept referral to and
3 work in and retain employment in which the applicant or
4 recipient is able to engage, provided such employment conforms
5 to the standards established for a bona fide offer of
6 employment, shall be disqualified from receiving assistance as
7 follows:
8 (1) A minimum of thirty days for the first violation and
9 continuing thereafter until such time as he or she is willing to
10 comply with the requirements of section 405.1; a minimum of
11 sixty days for the second violation and continuing thereafter
12 until such time as he or she is willing to comply with the
13 requirements of section 405.1; and permanently for a third
14 violation.
15 (2) If the reason for the disqualification occurs during the
16 first twenty-four months that cash assistance is received,
17 whether those months are consecutive or interrupted, only the
18 individual is disqualified. If the reason for the
19 disqualification occurs after the individual has received
20 assistance for more than twenty-four months, whether those
21 months are consecutive or interrupted, [the disqualification is
22 imposed on the entire assistance group] only the individual is
23 disqualified, and, in appropriate cases, the department may
24 provide cash assistance to minors in the assistance group by
25 protective payments.
26 (b) In addition to or in lieu of the sanctions set forth in
27 subsection (a)(1) and (2), the cash assistance grant of an
28 employed person who voluntarily, without good cause, reduces his
29 or her earnings by not fulfilling the twenty-hour per week work
30 requirement set forth in section 405.1(a.2) shall be reduced by
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1 the dollar value of the income that would have been earned if
2 the recipient had fulfilled those employment responsibilities.
3 Section 3. This act shall take effect in 60 days.
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