HB 1939 — An Act amending the act of June 13, 1967 (P.L.31, No.21), known as the Human Services Code, in public assistance, providing for fee schedule rates.

PRINTER'S NO.   2447

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 1939
                                               Session of
                                                 2025

     INTRODUCED BY BENHAM, ORTITAY, HILL-EVANS, CIRESI, VENKAT,
        RIVERA, KHAN, DEASY, SALISBURY, SHUSTERMAN, INGLIS, SANCHEZ,
        SAPPEY, ABNEY, D. MILLER, MAYES, GREEN, HOHENSTEIN, CEPEDA-
        FREYTIZ, MIHALEK AND GAYDOS, OCTOBER 10, 2025

     REFERRED TO COMMITTEE ON HUMAN SERVICES, OCTOBER 10, 2025


                                    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," in public assistance,
 4      providing for fee schedule rates.
 5      The General Assembly of the Commonwealth of Pennsylvania
 6   hereby enacts as follows:
 7      Section 1.    The act of June 13, 1967 (P.L.31, No.21), known
 8   as the Human Services Code, is amended by adding a section to
 9   read:
10      Section 443.16.    Fee Schedule Rates.--(a)   Subject to Federal
11   approval and in addition to 55 Pa. Code § 6100.571 (relating to
12   fee schedule rates), the following applies to the fee schedule
13   rates for home and community-based services provided through
14   intellectual disability and autism programs administered by the
15   Office of Developmental Programs for the twelve-month period
16   beginning October 1, 2026, and each October 1 thereafter:
17      (1)   To the extent funds are appropriated for the purposes
18   under this section, the fee schedule rates shall be increased by
 1   the percentage change to the Consumer Price Index for the most
 2   recently reported twelve-month period.
 3      (2)   If the increase to the fee schedule rates under
 4   paragraph (1) will result in the total estimated expenditures
 5   exceeding the funds appropriated for the purpose, the percentage
 6   increase to the fee schedule rates shall be limited by the
 7   amount appropriated.
 8      (3)   If no change or a decrease occurs in the Consumer Price
 9   Index under paragraph (1), the fee schedule rates for home and
10   community-based services under this section shall remain
11   unchanged for the year. For any year in which the Consumer Price
12   Index increases following a year of decrease, the percentage
13   increase shall be calculated by subtracting the cumulative
14   percentage of any consecutive preceding years of decrease.
15      (4)   The department shall transmit notice to the Legislative
16   Reference Bureau for publication in the next available issue of
17   the Pennsylvania Bulletin providing the percentage increase to
18   be applied to the fee schedule rates under this section prior to
19   implementing the adjustment to the fee schedule rates.
20      (5)   When fee schedule rates increase under this section, a
21   provider shall increase the total wages of a direct support
22   professional by the increased percentage in the Consumer Price
23   Index under paragraph (1) no later than January 1 of the
24   applicable fiscal year of the rate increase.
25      (6)   Beginning October 1, 2026, and each year thereafter, the
26   department shall transmit notice to the Legislative Reference
27   Bureau for publication in the next available issue of the
28   Pennsylvania Bulletin providing the lower bound wage rate for a
29   direct support professional based on any increase in the fee
30   schedule rates. No provider may pay a direct support

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 1   professional wage below the applicable lower bound wage rate.
 2      (7)    Effective July 1, 2027, if a provider does not comply
 3   with the compensation provisions under this section, the
 4   provider shall be subject to a financial penalty to be imposed
 5   by the department not to exceed an amount equal to the number of
 6   hours worked by each direct support professional who received
 7   wages lower than the lower bound wage rate multiplied by the
 8   difference between the wage the direct support professional
 9   received and the lower bound wage rate published under paragraph
10   (6).
11      (8)    Notwithstanding any other provision of law, a financial
12   penalty collected under this section shall be deposited into the
13   Home and Community-Based Services for Individuals with
14   Intellectual Disabilities Augmentation Account established under
15   section 1729-E of the act of April 9, 1929 (P.L.343, No.176),
16   known as The Fiscal Code.
17      (9)    A provider shall report annually to the department the
18   following information, in a form and manner as prescribed by the
19   department:
20      (i)    The number of direct support professionals rendering
21   services.
22      (ii)     The average wage of direct support professionals by
23   each service type rendered.
24      (iii)    The starting wage of direct support professionals by
25   each service type rendered.
26      (iv)     Information on the amount and type of compensation paid
27   to direct support professionals, including the following:
28      (A)    Salary, wages and other remuneration under 29 U.S.C. Ch.
29   8 (relating to fair labor standards) and 29 CFR Pts. 531
30   (relating to wage payments under the Fair Labor Standards Act of

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 1   1938) and 778 (relating to overtime compensation).
 2      (B)   Benefits, including health and dental benefits, sick
 3   leave and tuition reimbursements.
 4      (C)   The employer share of payroll taxes.
 5      (b)   Subsection (a)(1), (2), (3), (4) and (5) shall not apply
 6   in a fiscal year in which the department establishes new fee
 7   schedule rates under 55 Pa. Code. § 6100.571.
 8      (c)   As used in this section, the term "provider" means a
 9   provider of home and community-based services provided through
10   an intellectual disability or autism program administered by the
11   Office of Developmental Programs of the department.
12      Section 2.   This act shall take effect immediately.




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