HB 399 — An Act amending the act of June 13, 1967 (P.L.31, No.21), known as the Human Services Code, in public assistance, further providing for administration of assistance programs.

PRINTER'S NO.    368

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 399
                                               Session of
                                                 2025

     INTRODUCED BY GROVE, JAMES, KENYATTA, M. JONES, GILLEN AND
        KUZMA, JANUARY 28, 2025

     REFERRED TO COMMITTEE ON HUMAN SERVICES, JANUARY 28, 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      further providing for administration of assistance programs.
 5      The General Assembly of the Commonwealth of Pennsylvania
 6   hereby enacts as follows:
 7      Section 1.    Section 403.1 of the act of June 13, 1967
 8   (P.L.31, No.21), known as the Human Services Code, is amended to
 9   read:
10      Section 403.1.    Administration of Assistance Programs.--(a)
11   The department is authorized to establish rules, regulations,
12   procedures and standards consistent with law as to the
13   administration of programs providing assistance, including
14   regulations promulgated under subsection (d), that do any of the
15   following:
16      (1)   Establish standards for determining eligibility and the
17   nature and extent of assistance.
18      (2)   Authorize providers to condition the delivery of care or
19   services on the payment of applicable copayments.
 1      (3)    Modify existing benefits, establish benefit limits and
 2   exceptions to those limits, establish various benefit packages
 3   and offer different packages to different recipients, to meet
 4   the needs of the recipients.
 5      (4)    Establish or revise provider payment rates or fee
 6   schedules, reimbursement models or payment methodologies for
 7   particular services.
 8      (5)    Restrict or eliminate presumptive eligibility.
 9      (6)    Establish provider qualifications.
10      (7)    Access data from any other State agency to verify
11   residency and eligibility of an applicant prior to approval.
12      (8)    Utilize data analytics, including artificial
13   intelligence, for eligibility verification and the detection of
14   fraud.
15      (9)    Prioritize all job training programs with the Department
16   of Labor and Industry, the Department of Education and State and
17   local workforce development boards to increase employment and
18   self-reliance for:
19      (i)    Able-bodied Medical Assistance consumers.
20      (ii)    Residents making minimum wage who are not enrolled in a
21   secondary or higher education institution.
22      (10)    Require physical health managed care organizations to
23   share medical assistance claims data with providers.
24      (11)    Establish health savings accounts and medical
25   assistance premiums to assist residents transitioning out of
26   medical assistance programs.
27      (b)    The department is authorized to develop and submit State
28   plans, waivers or other proposals to the Federal Government and
29   to take such other measures as may be necessary to render the
30   Commonwealth eligible for available Federal funds or other

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 1   assistance.
 2      (c)   Notwithstanding any other provision of law, the
 3   department shall take any action specified in subsection (a) as
 4   may be necessary to ensure that expenditures [for State fiscal
 5   year 2011-2012] for assistance programs administered by the
 6   department do not exceed the aggregate amount appropriated for
 7   such programs [by the act of June 30, 2011 (P.L.633, No.1A),
 8   known as the General Appropriation Act of 2011]. The department
 9   shall seek such waivers or Federal approvals as may be necessary
10   to ensure that actions taken pursuant to this section comply
11   with applicable Federal law. During State fiscal year 2011-2012,
12   the department shall not enter into a new contract for
13   consulting or professional services, unless the department
14   determines that:
15      (1)   it does not have sufficient staff to perform the
16   services and it would be more cost effective to contract for the
17   services than to hire new staff to provide the services; or
18      (2)   it does not have staff with the expertise required to
19   perform the services.
20      (d)   For purposes of implementing subsection (c), and
21   notwithstanding any other provision of law, including section
22   814-A, the secretary shall promulgate regulations pursuant to
23   section 204(1)(iv) of the act of July 31, 1968 (P.L.769,
24   No.240), referred to as the "Commonwealth Documents Law," which
25   shall be exempt from the following:
26      (1)   Section 205 of the "Commonwealth Documents Law."
27      (2)   Section 204(b) of the act of October 15, 1980 (P.L.950,
28   No.164), known as the "Commonwealth Attorneys Act."
29      (3)   The act of June 25, 1982 (P.L.633, No.181), known as the
30   "Regulatory Review Act."

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1      [(e)   The regulations promulgated under subsection (d) may be
2   retroactive to July 1, 2011, and shall be promulgated no later
3   than June 30, 2012.]
4      Section 2.   This act shall take effect in 60 days.




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