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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 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 20250SB0482PN0440 - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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 20250SB0482PN0440 - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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 20250SB0482PN0440 - 4 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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. 20250SB0482PN0440 - 5 - 1 2 3 4 5 6 7 8 9 10 11 12 13