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
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 definitions, for administration of
5 assistance programs and for regulations for protection of
6 information; in the aged, further providing for Life Program;
7 and making a repeal.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Section 402 of the act of June 13, 1967 (P.L.31,
11 No.21), known as the Human Services Code, is amended by adding
12 definitions to read:
13 Section 402. Definitions.--As used in this article, unless
14 the context clearly indicates otherwise:
15 * * *
16 "LIFE program" means as defined in section 602(d).
17 * * *
18 "Older adult daily living center" means a premises operated
19 for profit or not for profit in which older adult daily living
20 services are simultaneously provided for four or more clients
1 who are not relatives of the operator for part of a twenty-four-
2 hour day.
3 * * *
4 Section 2. Section 403.1(a)(1) of the act is amended to
5 read:
6 Section 403.1. Administration of Assistance Programs.--(a)
7 The department is authorized to establish rules, regulations,
8 procedures and standards consistent with law as to the
9 administration of programs providing assistance, including
10 regulations promulgated under subsection (d), that do any of the
11 following:
12 (1) Establish standards for determining eligibility and the
13 nature and extent of assistance. The following shall apply:
14 (i) Immediately after an applicant is referred for
15 Functional Eligibility Determination or has completed a PA 600
16 L, the department shall have the following duties:
17 (A) Provide information necessary to determine eligibility
18 for home-based and community-based programs to LIFE program
19 organizations and older adult daily living center programs in
20 accordance with section 404 and all applicable Federal laws.
21 (B) Ensure that the applicant receives information about the
22 requirements and eligibility for programs offered by LIFE
23 program organizations and older adult daily living center
24 programs.
25 (ii) The department may not assign an applicant to an option
26 for Medicaid managed care until the applicant has received an
27 assessment for home-based and community-based services.
28 (iii) If an applicant fails to make a selection for Medicaid
29 managed care, the department shall proportionately assign
30 applicants based on available placement options for which the
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1 applicant is deemed eligible.
2 (iv) As used in this paragraph, the term "Medicaid managed
3 care" means services provided by a Medicaid managed care
4 organization as defined in 42 U.S.C. ยง 1396b(m)(1)(A) (relating
5 to payment to States) that is a party to a Medicaid managed care
6 contract with the department. The term shall not include a
7 behavioral health managed care organization that is a party to a
8 Medicaid managed care contract with the department.
9 * * *
10 Section 3. Section 404 of the act is amended by adding a
11 subsection to read:
12 Section 404. Regulations for Protection of Information.--* *
13 *
14 (a.1) The regulations for protection of information shall
15 permit the distribution of information to a LIFE program or
16 older adult daily living center program, for the purposes of
17 determining eligibility for home-based and community-based
18 services.
19 * * *
20 Section 4. Section 602(a), (b) and (c) of the act are
21 amended to read:
22 Section 602. LIFE Program.--(a) Informational materials and
23 department correspondence used by the department and the
24 Independent Enrollment Broker to educate or notify an eligible
25 individual about long-term care services and supports, including
26 an individual's rights, responsibilities and choice of managed
27 care organization to cover long-term care services and supports,
28 shall include the following:
29 (1) A description of the LIFE program.
30 (2) A statement that an eligible individual has the option
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1 to enroll in the LIFE program or a managed care organization
2 under the Community Health Choices Program.
3 (3) Contact information for LIFE providers.
4 (b) The department shall continue to provide training to the
5 Independent Enrollment Broker on the LIFE program through the
6 Independent Enrollment Broker LIFE module to better educate the
7 Independent Enrollment Broker and to require that the LIFE
8 program is offered equally to eligible individuals.
9 (c) At the end of each quarter, the department shall issue a
10 report [that tracks by county the enrollment of eligible
11 individuals in long-term care service programs, including
12 managed care organizations and LIFE programs.] to the
13 chairperson and minority chairperson of the Health and Human
14 Services Committee of the Senate and the chairperson and
15 minority chairperson of the Human Services Committee of the
16 House of Representatives that tracks by county the enrollment of
17 eligible individuals in long-term care service programs by the
18 Independent Enrollment Broker, including managed care
19 organizations and LIFE programs. The report shall also include
20 documentation of compliance with subsections (a) and (b).
21 * * *
22 Section 5. Repeals are as follows:
23 (1) The General Assembly declares that the repeal under
24 paragraph (2) is necessary to effectuate the amendment of
25 section 602(a), (b) and (c) of the act.
26 (2) Section 1604-T of the act of April 9, 1929 (P.L.343,
27 No.176), known as The Fiscal Code, is repealed.
28 Section 6. The amendment of section 602(a), (b) and (c) of
29 the act is a continuation of section 1604-T of the act of April
30 9, 1929 (P.L.343, No.176), known as The Fiscal Code. Except as
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1 otherwise provided in section 602(a), (b) and (c) of the act,
2 all activities initiated under section 1604-T of The Fiscal Code
3 shall continue and remain in full force and effect and may be
4 completed under section 602(a), (b) and (c) of the act. Orders,
5 regulations, rules and decisions which were made under section
6 1604-T of The Fiscal Code and which are in effect on the
7 effective date of section 5(2) of this act shall remain in full
8 force and effect until revoked, vacated or modified under
9 section 602(a), (b) and (c) of the act. Contracts, obligations
10 and collective bargaining agreements entered into under section
11 1604-T of The Fiscal Code are not affected nor impaired by the
12 repeal of section 1604-T of The Fiscal Code.
13 Section 7. This act shall take effect in 60 days.
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Statutes/Laws affected: Printer's No. 0440: P.L.31, No.21