Pennsylvania 2025 2025-2026 Regular Session

Pennsylvania Senate Bill SB482 Introduced / Bill

                     
PRINTER'S NO. 440 
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL 
No.482 
Session of 
2025 
INTRODUCED BY LAUGHLIN, FONTANA, FARRY, J. WARD AND MILLER, 
MARCH 20, 2025 
REFERRED TO AGING AND YOUTH, MARCH 20, 2025 
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 definitions, for administration of 
assistance programs and for regulations for protection of 
information; in the aged, further providing for Life Program; 
and making a repeal.
The General Assembly of the Commonwealth of Pennsylvania 
hereby enacts as follows:
Section 1.  Section 402 of the act of June 13, 1967 (P.L.31, 
No.21), known as the Human Services Code, is amended by adding 
definitions to read:
Section 402.  Definitions.-- As used in this article, unless 
the context clearly indicates otherwise:
* * *
"LIFE program" means  	as defined in section 602(d) 	. 
* * *
"Older adult daily living center" means a premises operated 
for profit or not for profit in which older adult daily living 
services are simultaneously provided for four or more clients 
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20 who are not relatives of the operator for part of a twenty-four-
hour day.
* * *
Section 2.  Section 403.1(a)(1) of the act is amended to 
read:
Section 403.1.  Administration of Assistance Programs.--(a) 
The department is authorized to establish rules, regulations, 
procedures and standards consistent with law as to the 
administration of programs providing assistance, including 
regulations promulgated under subsection (d), that do any of the 
following:
(1)  Establish standards for determining eligibility and the 
nature and extent of assistance. The following shall apply:
(i)  Immediately after an applicant is referred for 
Functional Eligibility Determination or has completed a PA 600 
L, the department shall have the following duties:
(A)   Provide information necessary to determine eligibility  
for home-based and community-based programs to LIFE program 
organizations and older adult daily living center programs in 
accordance with section 404 and all applicable Federal laws.
(B)  Ensure that the applicant receives information about the 
requirements and eligibility for programs offered by LIFE 
program organizations and older adult daily living center 
programs.
(ii)  The department may not assign an applicant to an option 
for Medicaid managed care until the applicant has received an 
assessment for home-based and community-based services.
(iii)  If an applicant fails to make a selection for Medicaid 
managed care, the department shall proportionately assign 
applicants based on available placement options for which the 
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30 applicant is deemed eligible.
(iv)  As used in this paragraph, the term "Medicaid managed 
care" means services provided by a Medicaid managed care 
organization as defined in 42 U.S.C. ยง 1396b(m)(1)(A) (relating 
to payment to States) that is a party to a Medicaid managed care 
contract with the department. The term shall not include a 
behavioral health managed care organization that is a party to a 
Medicaid managed care contract with the department.
* * *
Section 3.  Section 404 of the act is amended by adding a 
subsection to read:
Section 404.  Regulations for Protection of Information.--* * 
*
(a.1)  The regulations for protection of information shall 
permit the distribution of information to a LIFE program or 
older adult daily living center program, for the purposes of 
determining eligibility for home-based and community-based 
services.
* * *
Section 4.  Section 602(a), (b) and (c) of the act are 
amended to read:
Section 602.  LIFE Program.--(a)  Informational materials and 
department correspondence used by the department and  the  
Independent Enrollment Broker to educate or notify an eligible 
individual about long-term care services and supports, including 
an individual's rights, responsibilities and choice of managed 
care organization to cover long-term care services and supports, 
shall include the following:
(1)  A description of the LIFE program.
(2)  A statement that an eligible individual has the option 
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30 to enroll in the LIFE program or a managed care organization 
under the Community Health Choices Program.
(3)  Contact information for LIFE providers.
(b)  The department shall continue to provide training to the 
Independent Enrollment Broker on the LIFE program through the 
Independent Enrollment Broker LIFE module to better educate the 
Independent Enrollment Broker and to require that the LIFE 
program is offered equally to eligible individuals .
(c)  At the end of each quarter, the department shall issue a 
report [that tracks by county the enrollment of eligible 
individuals in long-term care service programs, including 
managed care organizations and LIFE programs. ] 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 tracks by county the enrollment of 
eligible individuals in long-term care service programs by the 
Independent Enrollment Broker, including managed care 
organizations and LIFE programs. The report shall also include 
documentation of compliance with subsections (a) and (b).
* * *
Section 5.  Repeals are as follows:
(1)  The General Assembly declares that the repeal under 
paragraph (2) is necessary to effectuate the amendment of 
section 602(a), (b) and (c) of the act.
(2)  Section 1604-T of the act of April 9, 1929 (P.L.343, 
No.176), known as The Fiscal Code, is repealed.
Section 6.  The amendment of section 602(a), (b) and (c) of 
the act is a continuation of section 1604-T of the act of April 
9, 1929 (P.L.343, No.176), known as The Fiscal Code. Except as 
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30 otherwise provided in section 602(a), (b) and (c) of the act, 
all activities initiated under section 1604-T of The Fiscal Code 
shall continue and remain in full force and effect and may be 
completed under section 602(a), (b) and (c) of the act. Orders, 
regulations, rules and decisions which were made under section 
1604-T of The Fiscal Code and which are in effect on the 
effective date of section 5(2) of this act shall remain in full 
force and effect until revoked, vacated or modified under 
section 602(a), (b) and (c) of the act. Contracts, obligations 
and collective bargaining agreements entered into under section 
1604-T of The Fiscal Code are not affected nor impaired by the 
repeal of section 1604-T of The Fiscal Code.
Section 7.  This act shall take effect in 60 days.
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