PROPOSED RULEMAKING
DEPARTMENT OF
PUBLIC WELFARE
[55 PA. CODE CH. 141]
Volunteer Community Service; General Eligibility Requirements
[27 Pa.B. 2424] The Department of Public Welfare (Department), under the authority of section 403(b) of the Public Welfare Code (code) (62 P. S. § 403(b)) proposes to amend § 141.81 (relating to MA eligibility policy) to read as set forth in Annex A. The proposed amendment affects State-funded General Assistance (GA) category of Medically Needy Only Medical Assistance (MNO-MA).
Purpose
The purpose of this proposed amendment is to add a provision to recognize volunteer community service as meeting the work requirement required under the act of May 16, 1996 (P. L. 175, No. 35) (Act 35) for MNO-MA. The Department is proposing this amendment in response to requests from interested parties. This proposed amendment would extend MNO-MA coverage to persons who attempt but are unable to find employment and instead participate in volunteer community service. An individual will be required to participate in volunteer community service for at least 100 hours per month. Persons who are employed for less than 100 hours per month may use a combination of hours worked in paid employment and volunteer community service to qualify for MNO-MA.
Background
Act 35 amended section 442.1 of the code (62 P. S. § 442.1) relating to the determination of eligibility for MNO-MA. Section 442.1(a)(3)(ii) of the code provides eligibility for MNO-MA to individuals who are not eligible for cash assistance but who meet certain other conditions, including a person who verifies employment of at least 100 hours per month earning at least the minimum wage. In addition, section 442.1(a)(2) of the code provides eligibility for MNO-MA to individuals who meet standards of financial and nonfinancial eligibility established by the Department with approval of the Governor.
The Department received requests from interested parties advocating that persons who are actively engaged in volunteer community service for 100 hours per month be considered as meeting the work requirement under Act 35. Accordingly, the Department proposes to adopt the amendment to permit these individuals to qualify for MNO-MA.
Need for the Amendment
This amendment is needed to recognize the performance of volunteer community service to establish eligibility for MNO-MA. The Department proposes to cover individuals who have made a good faith effort to find employment for at least 100 hours each month for at least minimum wage but are unable to find paid work and thus participate in volunteer community service. An individual will be required to participate in community service for at least 100 hours each month of eligibility. To be counted, community service shall be performed through a municipality or a nonprofit organization that qualifies as tax-exempt under section 501(c)(3) or (4) or (d) of the Internal Revenue Code (26 U.S.C.A. § 501(c)(3) or (4) or (d)). The number of hours that an individual participates in community service must be verified.
Summary of the Proposed Amendment
The Department proposes to add new § 141.81(i), Community Service for General Category (TD). The new subsection extends eligibility for MNO-MA to individuals in the TD category who meet the financial requirements but are not otherwise eligible unless they verify either 100 hours per month of volunteer community service or a combination of volunteer community service and paid employment at the minimum wage that totals at least 100 hours per month. The proposed amendment describes community service; requires that community service be performed through a municipality or a nonprofit organization that qualifies as tax-exempt under section 501(c)(3) or (4) or (d) of the Internal Revenue Code and provides service in a nondiscriminatory manner consistent with Federal, State and local law; clarifies that the community service must be comparable to work for which an employer would normally pay at least minimum wage and does not promote religion or involve political, electoral or partisan activities; and outlines the responsibilities of clients participating in community service.
Affected Individuals and Organizations
The proposed amendment will affect applicants for and recipients of MNO-MA who do not qualify for a Federally-funded category of MA or for State-funded MA on any other basis. These individuals are categorized as GA-related. It will also affect municipalities and nonprofit organizations where individuals perform community service.
Fiscal Impact
The estimated costs to the State associated with permitting a person to qualify for MNO-MA on the basis of performing community service are $15.505 million based on the assumption that 10 percent of the affected population would be able to verify 100 hours of volunteer community service.
We are unable to quantify the actual costs to the private sector. However, the benefits of having a welfare recipient participate in volunteer community service should outweigh the costs associated with supervising and documenting the participant's activity. Documentation would include maintaining attendance records, providing monthly verification of the actual number of hours of participation, and providing assurances to and writing job descriptions for participants.
Paperwork Requirement
No new forms are anticipated. Persons who apply for MNO-MA will be required to obtain and provide monthly verification of the actual number of hours that they participate in community service. Additionally, a person has to obtain and provide to the Department a volunteer responsibilities description and specific assurances.
Effective Date
This proposed amendment will be effective upon publication as final rulemaking.
Sunset Date
No sunset date is applicable.
Public Comment Period
Interested persons are invited to submit written comments, suggestions or objections regarding the proposed amendment to the Department of Public Welfare, Patricia H. O'Neal, Director, Bureau of Policy, Room 431, Health and Welfare Building, Harrisburg, PA 17120 (717) 787-4081, within 30-calendar days of the date of publication in the Pennsylvania Bulletin. Comments received within 30-calendar days will be reviewed and considered in the preparation of the final-form regulation. Comments received after the 30-day comment period will be considered for any subsequent revisions of this regulation.
Persons with a disability may use the AT&T Relay Service by calling (800) 654-5984 (TDD users) or (800) 654-5988 (voice users).
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on April 23, 1997, the Department submitted a copy of this proposed amendment to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House Committee on Health and Human Services and the Senate Committee on Public Health and Welfare. In addition to submitting the proposed amendment, the Department has provided IRRC and the Committees with a copy of a detailed Regulatory Analysis Form prepared by the Department in compliance with Executive Order 1996-1. A copy of this material is available to the public upon request.
If IRRC has objections to any portion of the proposed amendment, it will notify the Department within 30 days of the close of the public comment period. The notification shall specify the regulatory review criteria which have not been met by that portion. The Regulatory Review Act specifies detailed procedures for the Department, the Governor and the General Assembly of these objections before final publication of the regulation.
FEATHER O. HOUSTOUN,
SecretaryFiscal Note: 14-436. (1) General Fund;
MA--Inpatient Outpatient Capitation (2) 1997-98 is $7,819,000 $3,022,000 $ 9,092,000 (3) 1998-99 is 8,132,000 3,143,000 9,455,000 1999-00 is 8,458,000 3,269,000 9,834,000 2000-01 is 8,796,000 3,399,000 10,227,000 2001-02 is 9,148,000 3,535,000 10,636,000 2002-03 is 9,514,000 3,677,000 11,061,000 (4) 1996-97 $317,747,000 $714,802,000 $577,078,000 1995-96 452,180,000 792,293,000 661,031,000 1994-95 550,452,000 722,422,000 602,328,000 (7) Medical Assistance--Inpatient, Outpatient and Capitation Appropriations; (8) recommends adoption. The costs above assume that 10% of the MA recipients will be able to verify 100 hours of voluntary community service. The costs for 1997-98 are included in the 1997-98 Executive Budget.
Annex A
TITLE 55. PUBLIC WELFARE
PART II. PUBLIC ASSISTANCE MANUAL
Subpart C. ELIGIBILITY REQUIREMENTS
CHAPTER 141. GENERAL ELIGIBILITY PROVISIONS
ELIGIBILITY PROVISIONS FOR MA FOR MEDICALLY NEEDY § 141.81. MA eligibility policy.
* * * * * (i) Community Service for General Category (TD). An individual who meets the financial requirements for GA-MNO but is not otherwise eligible may qualify if the individual demonstrates a good faith effort to seek employment, accept any offer of employment and maintain employment, including verifying registration at the job center, and verifies either 100 hours per month of approved volunteer community service or a combination of approved volunteer community service and paid employment for at least the minimum wage that totals at least 100 hours per month in each of the 6 months during which eligibility for GA-MNO is being determined.
(1) To be counted under this subsection, community service shall be performed through a municipality or a nonprofit organization that qualifies as tax-exempt under sections 501(c)(3) or (4) or (d) of the Internal Revenue Code (Community Service Agency) (26 U.S.C.A. § 501(c)(3) or (4) or (d)). This organization shall be representative of a community or a significant segment of the community that is engaged in meeting human, educational or environmental community needs.
(2) Eligible volunteer community service shall consist of tasks that would usually be performed by paid employes of a municipality or organization if there were sufficient resources to pay for the work. As used in this chapter, the term ''community service'' means performance of tasks designated to accomplish any of the following:
(i) Preservation, enhancement and remediation of the environment.
(ii) Promotion of the well-being of children, the elderly, persons with physical or developmental disabilities, and persons with low incomes.
(iii) Educational development, including literacy training, adult basic education courses and instruction in job search skills and job application skills.
(iv) Improvement activities on public land or facilities.
(v) Projects or activities calculated to improve public health, safety and welfare.
(3) An individual's participation in community service shall be counted if the value of the service the individual performs is comparable to work for which an employer would normally pay at least minimum wage. The final determination of comparability will rest with the Department.
(4) An individual's participation in community service will not be considered for purposes of eligibility if the activities promote religion or are of a political, electoral or partisan nature, nor for any routine unpaid civic activities such as attending parent-teacher association and neighborhood group meetings, or participating in the neighborhood watch program.
(5) Responsibilities of clients participating in community service activities are:
(i) Obtaining a volunteer responsibilities description from the community service agency and providing it to the Department.
(ii) Identifying to the Department the appropriate official or staff member responsible for supervising the person participating in community service.
(iii) Providing to the Department, on a monthly basis, a copy of the contemporaneous time records of the community service agency which show the actual number of hours of participation each month. These time records shall be attested to by the community service agency.
(iv) Obtaining and providing to the Department certification from the community service agency that the client shall continue to participate in each of the 6 months during which eligibility for GA-MNO is being determined.
(v) Obtaining and providing to the Department assurance that the community service agency meets health and safety standards prescribed by Federal, State and local law.
(vi) Obtaining and providing to the Department assurance that the community service agency will provide equipment, special protective clothing or uniforms as required by the nature of the work.
(vii) Obtaining and providing to the Department assurance that the volunteer service provided by the individual will not result in the displacement of any currently-employed worker or position, including partial displacement, such as the reduction in hours of nonovertime work, wages or employment benefits.
(viii) Obtaining and providing to the Department assurance that the volunteer service provided by the individual will not impair existing contracts for services or collective bargaining agreements.
(ix) Obtaining and providing to the Department assurance that the volunteer service provided by the individual will not be a substitute for the filling of a position when any other person is on layoff from the same or a substantially-equivalent job within the same organizational unit, or when an employer has terminated any regular employe.
(x) Obtaining and providing to the Department assurance that the volunteer service provided by the individual will not infringe in any way upon promotional opportunities of any currently-employed individual.
(xi) Obtaining and providing to the Department assurance that the volunteer service provided by the individual will not be a substitute for the filling of any established unfilled vacancy.
(xii) Obtaining and providing to the Department assurance that the community service agency will cooperate with and respond to requests for information needed to complete an audit, including retaining work and attendance records for 4 years.
(xiii) Verifying to the Department monthly that the individual has completed either 100 hours per month of approved volunteer community service or a combination of approved volunteer community service and paid employment for at least the minimum wage that totals at least 100 hours per month.
(xiv) Verifying to the Department monthly that the individual has made a good faith effort to seek employment, accept any offer of employment and maintain employment, including verifying registration at the job center.
(6) Failure to comply with the verification, submission and other requirements of this subsection will result in ineligibility. A person who makes a willfully false statement or misrepresentation or withholds information or by other fraudulent means secures, attempts to secure or aids or abets another in securing MA under this subsection shall be subject to prosecution under Chapter 255 (relating to restitution).
[Pa.B. Doc. No. 97-763. Filed for public inspection May 16, 1997, 9:00 a.m.]
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