DEPARTMENT OF PUBLIC WELFARE Notice of Rule Change; Cash Assistance and Medical Assistance Programs [26 Pa.B. 945] By this notice, the Department of Public Welfare (Department) announces its intent to amend 55 Pa. Code Chapters 125, 133 and 141 relating to the Cash Assistance and Medical Assistance Programs. The changes to policy are based on amendments to the Public Welfare Code, P. L. 31, No. 21, as amended by Act No. 1995-20.
Sections 5 and 9 of Act 1995-20, effective June 30, 1995, added new sections to the Public Welfare Code, 62 P. S. §§ 432(9) and 481.1, respectively.
Section 432(9) prohibits the Department from granting cash assistance to a person who had been sentenced for a felony or a misdemeanor offense and who has not satisfied the penalty imposed by law by completing the sentence and paying all fines, costs and restitution. This change will affect persons who apply for and currently receive assistance under the General Assistance (GA) program.
Section 481.1 prohibits the Department from granting cash or Medical Assistance to a person summoned to appear as a defendant at a criminal court proceeding who has failed to comply with the summons or warrant. This change will affect persons who apply for and currently receive assitance under the GA Cash Assistance and the GA-related Medical Assistance Programs.
Although the amendments of the act pertain to the Aid to Families with Dependent Children (AFDC) program as well as the GA and Medical Assistance Programs, the provisions are only being applied, at this time, to the GA Cash Assistance and GA-related Medical Assistance Programs until a Federal waiver can be secured for AFDC.
The Income Maintenance Bulletin which follows contains the citations of 55 Pa. Code sections that are amended as a result of the changes of the Public Welfare Code.
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 1994-1(2), 24 Pa. B. 2347 (April 30, 1994) and will be in effect for 180 days pending adoption of rulemaking by the Department.
Public comments to this Rule Change can be made by contacting Patricia H. O'Neal, Director, Bureau of Policy, Office of Income Maintenance, Room 431, Health and Welfare Building, Harrisburg, PA 17120.
Persons with a disability may use the AT&T Relay Service by calling 1 (800) 654-5984 (TDD users) or 1 (800) 654-5988 (Voice users), or may use the Department of Public Welfare TDD by calling (717) 787-3616. Persons who require another alternative should contact India Wood at (717) 783-2212.
FEATHER O. HOUSTOUN,
SecretaryPurpose
To inform you of revisions to the General Assistance (GA) cash requirements and GA-related Medical Assistance (MA) requirements that result from Act No. 1995-20.
Background
Act No. 1995-20, enacted on June 30, 1995, amended the Public Welfare Code by adding 62 P. S. §§ 432(9) and 481.1. Although the amendments were applicable to both the Aid to Families with Dependent Children (AFDC) and the GA cash programs, implementation will, at this time, only be applied to the GA cash (and GA-related medical for the provision in § 481.1) programs until a Federal waiver allows the Department to apply the provisions to the AFDC program.
Rule Change
Effective immediately, GA cash assistance payments will not be made to persons who were sentenced for a felony or misdemeanor and who have not satisfied the penalty imposed by law by completing the period of incarceration and by paying all fines, costs and restitution. Additionally, GA cash assistance payments and GA-related Medical Assistance benefits will not be authorized for persons who fail to comply with a summons or warrant to appear as a defendant at a criminal court proceeding.
The following sections of 55 Pa. Code are revised to reflect the above provisions:
* 55 Pa. Code § 125.24: Applies the above provisions to persons applying for cash assistance.
* 55 Pa. Code § 133.24: Applies the above provisions to persons receiving cash assistance.
* 55 Pa. Code §§ 133.73 and 133.83: Applies the provision dealing with appearing as a defendant to persons receiving Medical Assistance.
* 55 Pa. Code §§ 141.71 and 141.81: Applies the provision dealing with appearing as a defendant to persons applying for Medical Assistance.
Fiscal Note: 14-NRC-062. (1) General Fund;
(A) (B) (2) Implementing year 1996-97 is $ 808,000 $ 500,000 (3) 1st succeeding year 1997-98 is $ 1,004,000 -0- 2nd succeeding year 1998-99 is $ 1,046,000 -0- 3rd succeeding year 1999-00 is $ 1,089,000 -0- 4th succeeding year 2000-01 is $ 1,133,000 -0- 5th succeeding year 2001-02 is $ 1,133,000 -0- (4) FY 1995-96 is $38,184,000 $26,873,000 FY 1994-95 is $38,921,000 $28,476,000 FY 1993-94 is $36,099,000 $24,488,000 (7)(A) County Administration--Statewide; (B) Information Systems; (8) recommends adoption.
There will be net program savings to the Commonwealth with the implementation of this Rule Change to prohibit the granting of cash assistance to persons who have been sentenced for a felony or misdemeanor offense but who have not completed their sentence or paid all fines and restitution.
Offsetting the program implementation and ongoing criminal history record check costs outlined above would be expected savings to the Cash Grants appropriation of $1,910,000 for fiscal year 1996-1997, increasing to $11,735,000 for 1997-1998 and $13,101,000 annually thereafter.
[Pa.B. Doc. No. 96-300. Filed for public inspection March 1, 1996, 9:00 a.m.]
