1936 Intentional program violations; notice of rule change

DEPARTMENT OF
PUBLIC WELFARE

Intentional Program Violations; Notice of Rule Change

[26 Pa.B. 5659]

   The Department of Public Welfare announces that individuals found to have committed an intentional program violation (IPV) will be subject to an immediate disqualification penalty. An IPV is determined by a court or through an administrative disqualification hearing, or upon the signature of a disqualification consent agreement or waiver of administrative disqualification hearing. The individual's current eligibility status is not considered when imposing the disqualification penalty.

   Any disqualification penalties currently in suspension shall be considered served if the time elapsed from the decision date is greater than or equal to the length of the disqualification period. If the time elapsed from the decision date is less than the length of the disqualification period, the individual shall be considered disqualified until the time elapsed is equal to the length of the disqualification period.

   The U. S. Department of Agriculture requires this Rule Change under the United States Court of Appeals for the Ninth Circuit's ruling in Garcia v. Concannon & Espy, 67 F. 3d 256 (9th Cir. 1995). The U. S. Department of Health and Human Services requires the same Rule Change for the Aid to Families with Dependent Children (AFDC) Program. This Rule Change is extended to the General Assistance (GA) Program because the Department is required to establish rules, regulations and standards for GA consistent with those established for AFDC. 62 P. S. Section 403(b). This Rule Change will be adopted by final rulemaking to 55 Pa. Code §§ 255.1(f), 275.32(a)(4) and 501.13(a)(3).

   This Rule Change is effective February 1, 1996, for the Food Stamp Program as required by the U. S. Department of Agriculture Administrative Notice, dated November 10, 1995. This Rule Change is effective March 4, 1996, for the AFDC Program as required by the U. S. Department of Health and Human Services Action Transmittal, dated March 4, 1996. The effective date of the GA Program is consistent with AFDC.

   Failure to implement this Rule Change will result in noncompliance with directives to states from the U. S. Departments of Agriculture and Health and Human Services.

   This Rule Change has been reviewed by the Office of General Counsel and the Office of the Attorney General.

   This Rule Change is made under the Joint Committee on Documents Resolution 1996-1(2), 26 Pa.B. 2374 (May 18, 1996). This Rule Change will be in effect for 365 days pending adoption of final rulemaking by the Department.

   Public comment to this Rule Change can be made by contacting the Department of Public Welfare, Office of Income Maintenance, Patricia O'Neal, Director, Bureau of Policy, Room 431 Health and Welfare Building, Harrisburg, PA 17120.

   Persons with a disability may use the AT&T Relay Service by calling 1 [phone] (TDD users) or 1 [phone] (Voice users), or may use the Department of Public Welfare TDD by calling [phone]. Persons who require another alternative format should contact Thomas G. Vracarich at [phone].

FEATHER O. HOUSTOUN,   
Secretary

Purpose

   To inform county assistance offices of a revision to the policy contained in 55 Pa. Code Chapters 255, 275, and 501 relating to the implementation of a cash assistance or food stamp disqualification penalty.

Background

   Under current regulations, the Department postpones implementing the disqualification penalty if the individual to be disqualified is not currently receiving benefits under the program in which the intentional program violation occurred. Instead, the disqualification penalty is imposed when the individual reapplies for and is found eligible to receive the benefit(s).

   The United States Court of Appeals for the Ninth Circuit held that the U. S. Department of Agriculture's current policy of postponing the implementation of a food stamp disqualification penalty until such time as the individual is active in the Food Stamp Program violates Section 6(b)(1) of the Food Stamp Act of 1977, 7 U.S.C. § 2015(b)(1). Garcia v. Concannon & Espy, 67 F. 3d 256 (9th Cir. 1995). Under the Court's ruling, the U. S. Department of Agriculture notified the states of its intent to comply with the Court's ruling and issued a notice requiring states to impose disqualification penalties in a manner consistent with the Court's ruling. The U. S. Department of Health and Human Services notified states of its intent to follow the same provision for AFDC disqualification. The Department will extend this disqualification provision to the General Assistance (GA) Program because it is required to establish rules, regulations, and standards for GA consistent with those established for AFDC. 62 P. S. § 403(b).

Rule Change

   The provisions of Chapters 255, 275 and 501 of 55 Pa. Code §§ 255.1(f), 275.32(a)(4), and 501.13(a)(3) are amended to implement the requirement that the Department immediately disqualify an individual upon the finding of the court or administrative disqualification final order, or upon signature of a disqualification consent agreement or waiver of administrative disqualification hearing. The provision takes effect February 1, 1996, for the Food Stamp Program and March 4, 1996, for the AFDC Program. The effective date of the GA Program is consistent with AFDC.

   Any cash or food stamp disqualification penalties currently in suspension shall be considered served if the time elapsed from the decision date is greater than or equal to the length of the disqualification period. If the time elapsed from the decision date is less than the length of the disqualification period, the individual shall be considered disqualified until the time elapsed is equal to the length of the disqualification period.

   Fiscal Note: 14-NRC-066. No fiscal impact; (8) recommends adoption.

[Pa.B. Doc. No. 96-1936. Filed for public inspection November 15, 1996, 9:00 a.m.]