HB 90 — 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 verification of eligibility.

PRINTER'S NO.   73

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 90
                                               Session of
                                                 2025

     INTRODUCED BY OWLETT, ARMANINI, HAMM, JAMES, KAUFFMAN AND
        PICKETT, JANUARY 14, 2025

     REFERRED TO COMMITTEE ON HUMAN SERVICES, JANUARY 14, 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 verification of eligibility.
 5      The General Assembly of the Commonwealth of Pennsylvania
 6   hereby enacts as follows:
 7      Section 1.    Section 441.9 of the act of June 13, 1967
 8   (P.L.31, No.21), known as the Human Services Code, is amended by
 9   adding subsections to read:
10      Section 441.9.    Verification of Eligibility.--* * *
11      (d)   All applicants and recipients shall, as a condition of
12   eligibility, cooperate with the department in securing medical
13   support from the noncustodial parent of any child for whom
14   medical assistance is sought or provided in all cases in which
15   support is being sought for the child. The department may not
16   accept a private agreement between a custodial parent and a
17   noncustodial parent that the custodial parent will provide
18   medical support if the agreement results in the child foregoing
19   medical support which would otherwise be available to the child
 1   under 23 Pa.C.S. § 4326 (relating to mandatory inclusion of
 2   child medical support). An agreement made in violation of this
 3   subsection shall be considered void as contrary to public
 4   policy. Medical assistance shall be provided to a child without
 5   delay while the department is making a determination of the
 6   noncustodial parent's ability to provide medical support.
 7      (e)   The requirements of subsection (d) may not apply if:
 8      (1)   The custodial parent is a victim of domestic violence
 9   perpetrated by the noncustodial parent. Domestic violence shall
10   be verified using State standards developed under 42 U.S.C. §
11   602(a)(7) (relating to eligible states and state plan).
12      (2)   The application of subsection (d) endangers the well-
13   being of a child by interrupting the child's continuity of
14   medical care.
15      (3)   The pursuit of medical support from the noncustodial
16   parent harms either the child or the custodial parent's well-
17   being as documented in accordance with regulations promulgated
18   by the department.
19      (f)   If the department determines that the noncustodial
20   parent withheld information required under subsection (d), the
21   noncustodial parent shall reimburse the department for the cost
22   of the medical assistance provided to the child. Nothing in this
23   section shall be construed to make the minor ineligible for
24   medical assistance.
25      Section 2.   This act shall take effect in 60 days.




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