2025 Pennsylvania Consolidated & Unconsolidated Statutes
Act 46 - HUMAN SERVICES CODE - OMNIBUS AMENDMENTS
Session of 2025
No. 2025-46
HB 749
AN ACT
Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An act to consolidate, editorially revise, and codify the public welfare laws of the Commonwealth," in public assistance, further providing for uniformity in administration of assistance and regulations as to assistance and for copayments for subsidized child care, providing for report on transition to chip-enabled access cards, further providing for reports to General Assembly, for persons eligible for medical assistance and for nonemergency medical transportation services and providing for abrogation of regulatory requirements for payment for outpatient behavioral health services within physical confines of behavioral health clinic facilities and for SNAP benefit reporting; and making a repeal.
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
Section 1. Section 403 of the act of June 13, 1967 (P.L.31, No.21), known as the Human Services Code, is amended by adding subsections to read:
Section 403. Uniformity in Administration of Assistance; Regulations as to Assistance.--* * *
(h) The department shall check, on a quarterly basis, income and employment records held by the Department of Labor and Industry against recipients of medical assistance and from the Supplemental Nutrition Assistance Program benefits.
(i) On a monthly basis, the department shall check death certificates at the Bureau of Vital Statistics against recipients of medical assistance and from the Supplemental Nutrition Assistance Program benefits.
Section 2. Section 408.3(c), (e) and (f) of the act are amended to read:
Section 408.3. Copayments for Subsidized Child Care.--* * *
(c) In establishing the copayment amounts pursuant to this section, all of the following shall apply:
(1) Copayments shall be on a sliding scale based on a percentage of the family's annual income taking into account Federal poverty income guidelines and considerations to support economic self-sufficiency. Copayments shall be updated annually.
(2) At the department's discretion, copayments may be imposed:
(i) for each child enrolled in subsidized child care;
(ii) based upon family size; or
(iii) in accordance with both subparagraphs (i) and (ii).
(3) Copayment amounts shall be [a minimum of five dollars ($5) per week and shall increase in incremental amounts] in accordance with Federal and State law, based on a percentage of the family's annual income and rounded to the nearest whole dollar, as determined by the department. The minimum copayment amounts specified under paragraph (4.1) shall not apply to special populations as determined by the department in accordance with the Commonwealth State plan.
[(3.1) At initial application, the family's annual income may not exceed two hundred percent of the Federal poverty income guidelines.
(3.2) After an initial determination or redetermination of eligibility, a child shall continue to be enrolled in subsidized child care for twelve months regardless of either of the following:
(i) A temporary change in the parent or caretaker's status as working or attending a job training or educational program.
(ii) An increase in the family's annual income, if the income does not exceed eighty-five percent of the State median income for a family of the same size.
(4) Subject to subsection (e), a family's annual copayment under either paragraph (1) or (2) shall not exceed:
(i) eight percent of the family's annual income if the family's annual income is one hundred percent of the Federal poverty income guideline or less;
(ii) eleven percent of the family's annual income if the family's annual income exceeds one hundred percent of the Federal poverty income guideline, but is not more than two hundred fifty percent of the Federal poverty income guideline;
(iii) thirteen percent of the family's annual income if the family's annual income exceeds two hundred fifty percent of the Federal poverty income guideline, but is not more than two hundred seventy-five percent of the Federal poverty income guideline; or
(iv) beginning after July 1, 2017, fifteen percent of the family's annual income if the family's annual income exceeds two hundred seventy-five percent of the Federal poverty income guideline, but is not more than three hundred percent of the Federal poverty income guideline or eighty-five percent of the State median income, whichever is lower.]
(4.1) A family's annual copayment shall be:
(i) not less than three percent and not more than seven percent of the family's annual income, if the family's income is at or below two hundred thirty-five percent of the Federal poverty income guidelines; or
(ii) not less than seven percent and not more than twelve percent of the family's annual income, if the family's income exceeds two hundred thirty-five percent of the Federal poverty income guidelines but is not more than three hundred percent of the Federal poverty income guidelines.
(5) Notwithstanding this subsection, beginning with State fiscal year 2012-2013, the department may adjust the annual copayment percentages specified in this subsection by promulgation of final-omitted regulations under section 204 of the act of July 31, 1968 (P.L.769, No.240), referred to as the "Commonwealth Documents Law."
[(6) Subject to subsection (e), at a redetermination, after June 30, 2017, a family that exceeds the minimum work requirements as a result of each parent or caretaker or, in the case of a single-parent household, as a result of the sole parent or caretaker, by working additional wage-earning hours shall have a reduced copayment, not to be less than that which is set forth under paragraph (3). This paragraph shall apply only to a family that, after mutually qualifying for and receiving subsidized child care and being current on the required copayments as set forth in this subsection, increases its average work week after the effective date of this paragraph and has increased the family's annual income as a result of working additional wage-earning hours. The copayment deduction shall be applied as follows:
(i) For an average work week of at least twenty-five wage-earning hours per parent or caretaker, a three-quarters of one percent deduction from the amount set forth under this subsection.
(ii) For an average work week of at least thirty wage-earning hours per parent or caretaker, a one and one-half percent deduction from the amount set forth under this subsection.
(iii) For an average work week of at least thirty-five wage-earning hours per parent or caretaker, a two and one-quarter percent deduction from the amount set forth under this subsection.
(iv) For an average work week of at least forty wage-earning hours per parent or caretaker, a three percent deduction from the amount set forth under this subsection.
(7) At its redetermination of eligibility, a parent or caretaker shall provide documentation of its average work week hours to receive the child care copayment deduction. The department shall apply the copayment deduction after receiving the required documentation.
(8) A family that has previously qualified for a deduction in the child care copayment shall continue to remain eligible for the copayment deduction if:
(i) the family's annual income does not exceed three hundred percent of the Federal poverty income guideline or eighty-five percent of the State median income, whichever is lower;
(ii) the parent or caretaker has been in compliance with paragraph (7);
(iii) the parent or caretaker continues to exceed the minimum work requirements by working additional wage-earning hours;
(iv) the family's annual income has increased as a result of working additional wage-earning hours; and
(v) the parent or caretaker is current and remains current with making its copayment to the child care provider.
(9) The average work week of a family shall be calculated by reviewing the family's income statements and taking the number of hours worked per parent over a twelve-month period and dividing by fifty-two.]
* * *
(e) [To the extent that money is appropriated for the purpose, the department shall increase eligibility under subsection (c)(4) for subsidized child care from two hundred thirty-five percent of the Federal poverty income guideline up to three hundred percent of the Federal poverty income guideline and shall apply a copayment deduction under subsection (c)(6). The department shall not be required to maintain eligibility above two hundred thirty-five percent of the Federal poverty income guideline or apply a copayment deduction unless funding is appropriated by the General Assembly.
(f) As used in this section, "wage-earning hours" means hours for which an individual is financially compensated by an employer. The term does not include hours spent volunteering, in education or in job training, unless those hours are compensated as a condition of employment.] The following shall apply to eligibility for subsidized child care:
(1) At an initial determination, the family's annual income may not exceed two hundred percent of the Federal poverty income guidelines.
(2) At a redetermination, the following shall apply:
(i) Except as provided under subparagraph (ii), the family's annual income may not exceed two hundred thirty-five percent of the Federal poverty income guidelines or eighty-five percent of the State median income for a family of the same size, whichever is lower.
(ii) As follows:
(A) A family may qualify for subsidized child care if the family's annual income exceeds two hundred thirty-five percent of the Federal poverty income guidelines but does not exceed three hundred percent of the Federal poverty income guidelines or eighty-five percent of the State median income for a family of the same size, whichever is lower, only to the extent that money is appropriated by the General Assembly for this purpose.
(B) For fiscal year 2023-2024 and each fiscal year thereafter, no less than twenty-five million dollars ($25,000,000) from money appropriated to the department for child-care services shall be used for the purposes specified under clause (A).
(3) For twelve months after an initial determination under paragraph (1) or a redetermination of eligibility under paragraph (2), a child shall remain eligible for subsidized child care regardless of either of the following:
(i) A temporary change in the parent or caretaker's status as working or attending a job training or educational program.
(ii) An increase in the family's annual income, if the income does not exceed eighty-five percent of the State median income for a family of the same size.
Section 3. The act is amended by adding a section to read:
Section 414.1. Report on Transition to Chip-Enabled Access Cards.--(a) The department shall prepare a report evaluating the feasibility of transitioning from magnetic stripe access cards to chip-enabled access cards for use in the Supplemental Nutrition Assistance Program. The report shall include an assessment of the financial impact, operational considerations and proposed implementation strategies for the transition. The report shall be designed to provide the members of the General Assembly identified under subsection (c) with timely and actionable information to support an efficient and cost-effective transition.
(b) The report under subsection (a) shall include the following information:
(1) A cost analysis of replacing magnetic stripe access cards with chip-enabled access cards, including an itemized estimate of anticipated expenditures by the following:
(i) The department for costs associated with access card production, distribution and modifications to vendor contracts.
(ii) The department and county assistance offices for costs associated with necessary system modifications, including upgrades to information technology infrastructure.
(2) A review of other states that have implemented or are in the process of implementing chip-enabled access cards. The review shall include the following information:
(i) Identification of best practices and operational insights.
(ii) Recommended strategies to minimize service disruptions, including pilot programs and point-of-sale testing protocols at authorized Supplemental Nutrition Assistance Program retailers.
(iii) Identification of cost-saving measures and methods to reduce the implementation timeline, including options for in-person access card distribution at county assistance offices and alternative mailing strategies.
(3) A proposed implementation timeline that outlines key milestones and estimated time frames for each phase of the transition.
(c) The department shall submit the report under subsection (a) within thirty days of the effective date of this subsection to the following:
(1) The chairperson and minority chairperson of the Appropriations Committee of the Senate.
(2) The chairperson and minority chairperson of the Appropriations Committee of the House of Representatives.
(3) The chairperson and minority chairperson of the Health and Human Services Committee of the Senate.
(4) The chairperson and minority chairperson of the Health Committee of the House of Representatives.
(5) The chairperson and minority chairperson of the Human Services Committee of the House of Representatives.
Section 4. Sections 437 and 441.1(c) and (d) of the act are amended to read:
Section 437. Reports to General Assembly.--(a) Two copies of all reports required by the national center for social statistics of the Department of Health, Education and Welfare shall be furnished to the Senate Public Health and Welfare Committee and the Health and Welfare Committee of the House of Representatives when they are submitted to the Federal Government. Similar reports prepared concerning general assistance, the State Blind Pension and State supplemental assistance shall be similarly furnished to the committees.
(b) The department shall submit an annual written report to the chairperson and minority chairperson of the Health and Human Services Committee of the Senate and the chairperson and minority chairperson of the Human Services Committee of the House of Representatives that includes the following information to the extent permitted by Federal law:
(1) Details on information relating to any changes in how lottery winnings are counted as an available resource for cash assistance applicants, including the following:
(i) The number of annual applicants who reported lottery winnings of six hundred dollars ($600) or more as an available resource.
(ii) The number of applicants under subparagraph (i) who were ineligible for assistance due to lottery winnings of six hundred dollars ($600) or more.
(iii) Details on any potential gaps in communication encountered between the department and county assistance offices which may have resulted in the failed reporting of lottery winnings of six hundred dollars ($600) or more.
(iv) Details regarding ongoing strategies between the department and the Pennsylvania State Lottery in reporting lottery winnings.
(2) The number of motor vehicles annually counted as resources.
(3) The average equity value of motor vehicles counted as resources.
(4) Information regarding annual replacement access devices, including the following:
(i) The number of recipients who requested a first replacement access device during the year under section 485(a).
(ii) The number of additional replacement access devices issued during the year under section 485(b) and (b.1).
(iii) The number of times the fee for replacement access devices was not assessed during the year under section 485(e).
(iv) The number of recipients annually reported to the Office of Inspector General for requesting two or more replacement access devices in a calendar year.
(5) The number of instances during the year recipients attempted to make purchases or withdraw funds in violation of section 484.
(6) Details highlighting any changes in reports submitted under this section from previous years.
(7) Any recommendations to the General Assembly that the department may deem necessary to improve the administration of assistance under this article.
(c) The reporting under this section shall be limited to data that is available and accessible to the department without requiring a change or update to an information system or database.
Section 441.1. Persons Eligible for Medical Assistance.--* * *
(c) Except as [provided under subsection (a)(4) and (5),] provided in this section, upon notification of incarceration, the department shall temporarily suspend, [for a period of not more than two years,] for the period of the recipient's incarceration, in accordance with section 205 of Division G of the Consolidated Appropriations Act (Public Law 118-42, 138 Stat. 405, 42 U.S.C. § 1396a(a)(84)(A)), medical assistance for a recipient who becomes incarcerated in a correctional institution. The suspension of medical assistance shall cease and the recipient shall continue to receive medical assistance upon notification of an inmate's release from the correctional institution, subject to the eligibility requirements under the Commonwealth's approved Title XIX State Plan.
(d) Notwithstanding subsection (c), upon [notification from a correctional institution of an inmate's release and] the department's receipt of an inmate's application, the department shall determine the inmate's eligibility for medical assistance. Except as provided under subsection (a)(4) and (5), medical assistance may not be provided until the date of the inmate's release.
Section 5. Section 443.12 of the act is amended by adding subsections to read:
Section 443.12. Nonemergency Medical Transportation Services.--* * *
(g) The department, in consultation with the Department of Aging and the Department of Transportation, shall conduct a study regarding the use of a brokerage model to provide nonemergency medical transportation services to eligible and enrolled medical assistance recipients. The study shall provide all of the following:
(1) An analysis of current Federal and State laws, regulations and policies controlling the nonemergency medical transportation and other human services transportation programs administered in this Commonwealth, including the authorized methods of delivery and limitations or restrictions imposed on the methods of delivery.
(2) An analysis of the effectiveness and efficiency of the current nonemergency transportation service delivery as it relates to each human service program in this Commonwealth.
(3) A review of other states' models of delivering nonemergency medical and other human services transportation, including the number of other states that utilize a brokerage model and the effect a brokerage model has had on public transit in those states.
(4) An analysis of the positive and negative impact of maintaining the current transportation delivery model versus implementing a brokerage model as it relates to the State and local government entities, including financial impact.
(5) An analysis of the impact on consumers, including an increase or decrease in quality and service availability.
(h) The study under subsection (g) shall be completed no later than 180 days from the effective date of this subsection and be delivered to the following:
(1) The Secretary of Aging.
(2) The Secretary of Human Services.
(3) The Secretary of Transportation.
(4) The chairperson and minority chairperson of the Appropriations Committee of the Senate.
(5) The chairperson and minority chairperson of the Appropriations Committee of the House of Representatives.
(6) The chairperson and minority chairperson of the Health and Human Services Committee of the Senate.
(7) The chairperson and minority chairperson of the Health Committee of the House of Representatives.
Section 6. The act is amended by adding sections to read:
Section 443.16. Abrogation of Regulatory Requirements for Payment for Outpatient Behavioral Health Services within Physical Confines of Behavioral Health Clinic Facilities.--The following provisions of 55 Pa. Code (relating to human services) are abrogated to the extent they limit medical assistance payments only for behavioral health services provided within the physical confines of a behavioral health clinic facility:
(1) Section 1153.14(6) (relating to noncovered services).
(2) Section 1223.14(11) (relating to noncovered services).
Section 476. SNAP Benefit Reporting.--(a) Within twelve months of the effective date of this subsection and annually thereafter, the department shall review the financial costs, distribution and utilization of benefits under the Supplemental Nutrition Assistance Program and prepare a report with aggregate information. The report shall include all of the following information:
(1) The total number of recipients at the Statewide and county levels.
(2) The total amount of benefits distributed at the Statewide and county levels.
(3) The total number of recipients who maintain SNAP account balances of two thousand dollars ($2,000) or more for a continuous period of at least six months, including recipients who maintain an account balance between two thousand dollars ($2,000) and four thousand nine hundred ninety-nine dollars ($4,999), between five thousand dollars ($5,000) and nine thousand nine hundred ninety-nine dollars ($9,999) and more than ten thousand dollars ($10,000).
(4) The total number of recipients and total amount of benefits distributed in each State legislative district.
(5) An overview of the SNAP benefit distribution schedules based on caseloads and census data, including data from other states and models that utilize more than ten payment issuance days, and any recommendations for changes to the distribution schedule.
(6) The Commonwealth's SNAP payment error rate for each of the last five years and the department's recommendations for reducing or maintaining an error rate below six percent.
(7) Programmatic and financial impacts to the Commonwealth from Federal changes to the Supplemental Nutrition Assistance Program made after January 1, 2025.
(8) Any other data the department deems necessary.
(b) Notwithstanding subsection (a), after its inclusion in the initial SNAP benefit report, the department shall only include information required under subsection (a)(5) in the SNAP benefit report every five years.
(c) Within fifteen days of the completion of the report under subsection (a), the department shall submit a copy of the report to:
(1) The chairperson and minority chairperson of the Health and Human Services Committee of the Senate.
(2) The chairperson and minority chairperson of the Health Committee of the House of Representatives.
(3) The chairperson and minority chairperson of the Human Services Committee of the House of Representatives.
(d) Within thirty days of the completion of the report under subsection (a), the department shall post the report on the department's publicly accessible Internet website.
(e) If the report includes recommendations for changes to the Commonwealth's SNAP payment distribution schedule, subject to appropriation by the General Assembly, the department shall develop and implement updates to the payment distribution schedule based on the analysis under this section after consultation with an advisory committee. The following shall apply:
(1) If the implementation of changes results in costs, the department shall pay for the costs using funding made available from the Enterprise and Technology Restricted Account.
(2) Prior to the updates being submitted to the United States Department of Agriculture Food and Nutrition Service for approval, the department shall transmit the proposed updates as a notice to the Legislative Reference Bureau for publication in the next available issue of the Pennsylvania Bulletin.
(3) Upon Federal approval, the department shall ensure that the updated distribution schedule is posted on the publicly accessible Internet website of the department.
Section 7. Repeals are as follows:
(1) The General Assembly declares that the repeal under paragraph (2) is necessary to effectuate the amendment of section 408.3(c), (e) and (f) of the act.
(2) Section 1729-E(a)(8) of the act of April 9, 1929 (P.L.343, No.176), known as The Fiscal Code, is repealed.
Section 8. This act shall take effect as follows:
(1) The amendment of sections 403 and 437 of the act shall take effect in 60 days.
(2) The remainder of this act shall take effect immediately.
APPROVED--The 12th day of November, A.D. 2025.
JOSH SHAPIRO
