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§ 1729-E. Department of Human Services

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 72 P.S. Taxation and Fiscal AffairsEffective: December 13, 2023

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 72 P.S. Taxation and Fiscal Affairs
Chapter 1. The Fiscal Code (Refs & Annos)
Article XVII-E. General Budget Implementation
Subarticle B. Executive Department
Effective: December 13, 2023
72 P.S. § 1729-E
§ 1729-E. Department of Human Services
Currentness
(a) Appropriations.--The following shall apply to appropriations for the Department of Human Services:
(1) Any rule, regulation or policy for the Federal or State appropriations for the cash assistance, outpatient, inpatient, capitation, behavioral health, long-term care and Supplemental Grants to the Aged, Blind and Disabled, Child Care and Attendant Care programs adopted by the Secretary of Human Services during the fiscal year which adds to the cost of any public assistance program shall be effective only from and after the date upon which it is approved as to the availability of funds by the Governor.
(2) Federal and State medical assistance payments. The following shall apply:
(i) No funds appropriated for approved capitation plans shall be used to pay a provider who fails to supply information in a form required by the department in order to facilitate claims for Federal financial participation for services rendered to general assistance clients.
(ii) Repealed by 2019, June 28, P.L. 168, No. 19, § 9(2), imd. effective.
(iii) (Reserved).
(iv) (Reserved).
(v) (Reserved).
(vi) (Reserved).
(vii) The following shall apply to eligibility determinations for services under medical assistance:
(A) Unless the custodial parent or legally responsible adult has provided to the department, at application or redetermination, information required by the department for inclusion in the annual report under clause (B), no funds from an appropriation for medical assistance shall be used to pay for medical assistance services for a child under 21 years of age:
(I) who has a Supplemental Security Income (SSI) level of disability; and
(II) whose parental income is not currently considered in the eligibility determination process.
(B) The department shall submit to the Public Health and Welfare Committee of the Senate and the Health Committee and Human Services Committee of the House of Representatives an annual report including the following data:
(I) Family size.
(II) Household income.
(III) County of residence.
(IV) Length of residence in this Commonwealth.
(V) Third-party insurance information.
(VI) Diagnosis and type and cost of services paid for by the medical assistance program on behalf of each eligible and enrolled child described in clause (A).
(3) The following shall apply:
(i) If, in any fiscal year, the annual appropriation for payments to counties under section 704.1(a) of the Human Services Code1 has not been enacted by September 1, an amount shall be appropriated as of September 1 to the Department of Human Services for the purpose of making payments to counties under section 704.1(g)(5) and (g.1) of the Human Services Code that is equal to the difference between:
(A) the amount of funds specified as the aggregate child welfare needs-based budget allocation by the General Assembly under section 709.3(c.1) of the Human Services Code2 in the general appropriation act for the immediately preceding fiscal year as necessary to fund child welfare services provided for that fiscal year; and
(B) the amount of funds actually provided for reimbursement to counties during that fiscal year.
(ii) The department may adjust any payment to a county under section 704.1(g) of the Human Services Code based on the amount of funds actually appropriated by the General Assembly.
(iii) Within five days of executing the authority granted in this paragraph and weekly thereafter, the Secretary of the Budget shall inform the chairperson and minority chairperson of the Appropriations Committee of the Senate and the chairperson and minority chairperson of the Appropriations Committee of the House of Representatives of the amount of payments made to each county under this section.
(4) For purposes of the intergovernmental transfer program, a facility that satisfies all of the following criteria shall be deemed a public agency and shall be eligible to participate in the program:
(i) The facility is governed by a board of directors established by an act of the General Assembly.
(ii) A majority of the board of directors consists of the county commissioners of a county of the sixth class pursuant to that act.
(iii) The facility is a county nursing facility as defined under 55 Pa. Code § 1187.2 (relating to definitions).
(iv) The facility provides services associated with a nursing facility, a personal care home, adult day care, child day care and outpatient therapy.
(v) The facility has been reimbursed for Medicaid purposes by the department.
(5) The department, upon approval of the secretary, may transfer Federal money appropriated for Temporary Assistance for Needy Families Block Grant--Child Care Assistance to the Child Care and Development Fund Block Grant--Child Care Services appropriation to provide child-care services to additional low-income families if the transfer of money will not result in a deficit in the appropriation. The secretary shall provide notice 10 days prior to a transfer under this paragraph to the chairperson and minority chairperson of the Appropriations Committee of the Senate and the chairperson and minority chairperson of the Appropriations Committee of the House of Representatives.
(6) The department, upon approval of the secretary, may transfer Federal money appropriated for Child Care and Development Fund Block Grant--Child Care Assistance to the Child Care and Development Fund Block Grant--Child Care Services appropriation to provide child-care services to additional low-income families if the transfer of money will not result in a deficit in the appropriation. The secretary shall provide notice 10 days prior to a transfer under this paragraph to the chairperson and minority chairperson of the Appropriations Committee of the Senate and the chairperson and minority chairperson of the Appropriations Committee of the House of Representatives.
(6.1) In accordance with Federal law, the department, upon approval of the secretary, may transfer Federal money from the Temporary Assistance for Needy Families Block Grant to the Child Care and Development Fund Block Grant and the Social Services Block Grant if the transfer of money will not result in a deficit in an appropriation. The secretary shall provide notice 10 days prior to a transfer to the chairperson and minority chairperson of the Appropriations Committee of the Senate and the chairperson and minority chairperson of the Appropriations Committee of the House of Representatives.
(7) A provider that delivers services subject to section 12006(a) of the 21st Century Cures Act (Public Law 114-255, 130 Stat. 1033) shall electronically report to the department or its authorized contractor each visit conducted as part of the services. The electronic visit information reported shall include all information found in the definition of “electronic visit verification system” under section 12006(a) of the 21st Century Cures Act. The provider shall submit the information in a format prescribed by the department. The department or its authorized contractor may use the information reported under this paragraph to validate or deny claims submitted under the medical assistance program.
<Text of subsec. (a)(8) retroactive to July 1, 2023.>
(8) From money appropriated for child-care services, no less than $25,000,000 shall be allocated to apply an income limit for subsidized child care during redetermination of eligibility to no more than 300% of the Federal poverty income guidelines or 85% of the State median income, whichever is lower. Notwithstanding any other provision of law, the department shall determine copayment amounts for family incomes above 235% of the Federal poverty income guidelines in order to support economic self-sufficiency. The department shall transmit notice of the copayment schedule to the Legislative Reference Bureau for publication in the next available issue of the Pennsylvania Bulletin.
(b) Home and Community-Based Services for Individuals with Intellectual Disabilities Augmentation Account.--
(1) A restricted account is established in the General Fund to be known as the Home and Community-Based Services for Individuals with Intellectual Disabilities Augmentation Account.
(2) Money in the account shall not lapse.
(3) The following shall be deposited in the account:
(i) The net proceeds of the sale of real property which served as a state center for individuals with intellectual disabilities.
(ii) An annual transfer from the General Fund to the account in accordance with the following:
(A) If the amount of the appropriation for state centers for individuals with intellectual disabilities in a fiscal year is less than the amount of the appropriation for the prior fiscal year, the Secretary of the Budget shall certify the difference as the amount to be transferred.
(B) The transfer under this subparagraph shall be made no later than last day of the first quarter of a fiscal year.
(iii) Any amounts appropriated or transferred to the account.
(4) Money in the account is hereby appropriated to the Department of Human Services to provide home and community-based supports, including quality direct support professional capacity, to provide housing supports for individuals with intellectual disabilities and to provide home and community-based supports for people on the emergency waiting list as determined by the department after receiving input from the Office of Developmental Programs and the Information Sharing and Advisory Committee.

Credits

1929, April 9, P.L. 343, No. 176, art. XVII-E, § 1729-E, added 2007, July 17, P.L. 141, No. 42, § 4, imd. effective. Amended 2012, July 2, P.L. 823, No. 87, § 12, imd. effective; 2016, April 25, P.L. 168, No. 25, § 13, imd. effective; 2017, Oct. 30, P.L. 725, No. 44, § 15.1. Affected 2019, June 28, P.L. 168, No. 19, § 9(2), imd. effective. Amended 2019, June 28, P.L. 173, No. 20, § 17, effective July 1, 2019; 2020, Nov. 23, P.L. 1140, No. 114, § 11, imd. effective; 2021, June 30, P.L. 62, No. 24, § 20, effective July 1, 2021; 2022, July 11, P.L. 540, No. 54, § 31, imd. effective; 2023, Dec. 13, P.L. 251, No. 34, § 23, imd. effective, retroactive to July 1, 2023.

Footnotes

1
62 P.S. § 704.1.
2
62 P.S. § 709.3.
72 P.S. § 1729-E, PA ST 72 P.S. § 1729-E
Current through Act 11 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document