CHAPTER 101. GENERAL PROVISIONS Sec.
101.1. Policy.
101.2. Definitions.
101.5. Forms.Cross References This chapter cited in 55 Pa. Code § 121.1 (relating to policy).
§ 101.1. Policy.
(a) Scope. The policies, procedures and standards for determining eligibility, the amount of the grant and for making payments for all types of assistance administered by the Department are included in this part. The types of assistance are TANF, General Assistance and State Blind Pension. Social services in Public Assistance, medical care, including nursing home care, burial and employment are also included.
(1) Although the TANF Program replaces the AFDC Program, most of the rules and procedures under which the Department administered AFDC, including those for the job opportunities and Basic Skills (JOBS) Training Program, will continue in effect as part of the new TANF Program.
(2) The references to AFDC found within this title are to be read and considered as applicable to the TANF Program or to a TANF applicant or recipient, unless doing so would be inconsistent with the TANF requirements or with this section.
(b) County Assistance Office informational responsibilities. The County Assistance Office (CAO) will provide information on public assistance services and programs, ongoing, new and revised, to public assistance client groups and individuals, and the community of which they are a part. Feasible methods of communication will be used to carry out this informational function effectively.
(c) Purpose of the welfare system. The purposes of the welfare system are as follows:
(1) The broad general purpose of the Office of Income Maintenance of the Department, as set forth in Article IV of the Public Welfare Code (62 P. S. § § 401488), is to provide assistance to the needy and distressed, to enable them to maintain for themselves and their dependents a decent and healthful standard of living, and to do this in such a way as to promote self-respect, rehabilitation, and, if possible, self-dependency.
(2) The main purpose of the system is as follows:
(i) To improve delivery of social services and financial assistance to eligible persons.
(ii) To assure the right of a person to claim and receive assistance, without any conditions, implied or specified, beyond established eligibility requirements.
(iii) To make the best possible use of staff, time, skills, money and other resources to implement the mandates, philosophy, programs and functions of the Department.
(iv) To provide access to responsive social and rehabilitative services, to prevent the breakdown of individual and family functioning, to help solve the problems of troubled and dependent families and individuals and when possible to help restore these persons to independent living.
(v) To enable the local welfare administration to provide strong leadership to the community in identifying the causes and effects of dependency, ill health and maladjustments, in identifying unmet human needs and in stimulating community action toward solution of the problems.
(vi) To demonstrate respect for the ability of the client to communicate information about his needs, resources and other eligibility factors, when given a reasonable opportunity.
(vii) To implement the belief of the Department in the dignity, rights, freedoms and entitlements of the client.
(d) Purpose of TANF. TANF has the following purposes:
(1) TANF is intended to provide money for dependent children who are in need because support from the usual source, parents, is not available. The money will be provided so that these children may live in family homes with their own parents, or with certain relatives who take the place of parents. Thus, it is the purpose of the TANF Program to prevent a child from being forced to be away from his own family for economic reasons alone. TANF recognizes the importance to a child of his own home and family relationships.
(2) TANF is a time-limited money payment to an adult on behalf of children because the program recognizes the child needs an adult to look after him. The parents are the persons who have the right and obligation to rear, care for, support and make major decisions for the child. Usually, it is a parent who applies for assistance. Whichever one applies, both share responsibility for the child, and the other parent should, if possible and advisable, have some part in the decision on going through with an application for assistance. For parents who are living together, this means a joint application. For other parents, this means clarifying the role of the absent parent in support and care of the child.
(3) If a relative other than a parent applies, the reasons for the shift in parental responsibility need to be explored. There must be clarity as to who will be responsible for the child in his every-day living, and who will take responsibility for deciding on his living arrangements. Unless a parent is dead, his whereabouts unknown, or other circumstances make it inadvisable, he should always have some part in an application for assistance.
(e) Medical care programs. The following provisions shall apply to medical care programs:
(1) Persons in need of assistance are those persons who have applied for and have been found eligible for a money payment from the Office of Income Maintenance, and those persons who have been financially eligible but are not eligible for a money payment because they do not meet State regulations. However, under Title XIX of the Social Security Act (42 U.S.C.A. § § 13961396q) these persons are eligible for the same vendor payments for the medical care that is provided persons actually receiving a money payment.
(2) The Department will have responsibility for establishing the scope, standards, regulations, procedures and fees for medical care provided for the following:
(i) Categorically needy persons who are eligible for the full medical program, that is, for persons financially eligible who do or do not receive money payments depending on whether or not they meet other points of eligibility.
(ii) Medically needy persons who receive limited medical assistance because their incomes are insufficient to pay for major medical expenses although sufficient for their everyday necessities.
(3) The purpose of medical care programs for school children is to meet the cost of treatment a child needs for a condition recorded in the school health record of the child, and for which the parents or guardian of the child are unable, according to law and regulations, to pay.
(4) The County Assistance Office will have responsibility for administering the medical care programs on the local level within Departmental regulations, and subject to review and supervision by the State Office.
(5) In accordance with public assistance regulations and fee schedules, the Department will make direct payments to practitioners and vendors for services, medications and medical supplies provided. This system is necessary because medical needs are extremely varied and unpredictable, requiring an individualized and flexible way of meeting these needs. The practitioner and vendor shall send bills to the Office of Medical Assistance for services provided.
(6) Payment for health items as the usual household medicine chest supplies and items of personal care will not be included in the system of practitioner and vendor payments because these items constitute a common, predictable, continuing need. Therefore, an amount of money to meet this need will be included in the money payment to the recipient, in the determination of eligibility of the need amount to the nonmoney payment recipient, and in the evaluation of resources of a medically needy school child.
(f) Medical care programs and the State Office. The following provisions relate to the relationship between the State Office and medical care programs:
(1) In the administration of the medical programs, the responsibilities of the State Office are will be follows:
(i) To establish standards, regulations and fees governing medical care of a quality acceptable to competent authorities in their respective medical fields.
(ii) To obtain maximum cooperation from practitioners in providing quality services for assistance recipients and other medically needy persons, as economically as possible with due regard for essential needs of the patients and a fair return to the practitioner.
(iii) To make maximum use of existing medical and allied re-sources available to medically needy persons.
(iv) To promote coordination of the medical programs with other Statewide health programs.
(v) To secure the advice of the health professions through the public assistance medical care committee, and encourage each County Assistance Office to establish a county medical committee.
(2) The State Office of Medical Assistance, undertaking to provide medical care for eligible persons through a system of direct payments to practitioners and vendors, is in effect a nonmedical agency purchasing the services of individual members of medical and allied professions throughout this Commonwealth.
(3) In administering the medical care program, circumstances occasionally arise indicating that certain practitioners may not be observing the regulations of the Department on giving services or invoicing for services, or may possibly be providing inferior, inadequate or incorrect medical care. Under such circumstances, an investigation will be initiated and, if the facts warrant, consideration will be given to disciplinary action against the practitioner.
(g) County medical and dental consultants. County medical and dental consultants shall conform with the following:
(1) To supplement and enhance the professional help available from the county medical care committee, the County Assistance Office has on its staff a medical and a dental consultant. These consultants do not substitute for or replace the committee. They may or may not be members of the committee, but it is desirable that the functions of the members of the committee, who are advisers on broad policies, be kept separate from the functions of the consultants.
(2) The primary function of the consultant is to provide professional advice on individual cases as needed. He shall work directly with staff on services to individual clients, on specific medical or dental problems, and the like. The consultant shall also have functions in staff development and in liaison with medical, dental and allied professions.
(3) The consultant shall act in an advisory or consultative capacity to the county assistance administration; he shall not administer the public assistance medical or dental programs. The county assistance administration retains authority for accepting or rejecting the recommendations of the consultant, for the agency is legally responsible for final administrative decisions.
(4) The consultants are under the general administrative direction of the County Assistance Office. The medical consultant is under the professional direction of the medical director of the Office of Public Assistance. The dental consultant is under the professional direction of the State Office Bureau of Medical Services which has a Dental Consultant.
Authority The provisions of this § 101.1 amended under sections 201(2) and 403 of the Public Welfare Code (62 P. S. § § 201(2) and 403).
Source The provisions of this § 101.1 (as amended by PRWORA) amended July 28, 2000, effective retroactive to March 3, 1997, 30 Pa.B. 3779. Immediately preceding text appears at serial pages (247229) to (247233).
Notes of Decisions The denial of benefits to an applicant because of her failure to apply for the railroad retirement benefits of her late husband serves to further the purpose of the welfare system, since the applicant is not a needy person which the program is designed to assist, and assistance is intended to supplement, not to replace, the resources of an individual. Armlovich v. Department of Public Welfare, 411 A.2d 893 (Pa. Cmwlth. 1980).
§ 101.2. Definitions.
The following words and terms, when used in this part, have the following meanings, unless the context clearly indicates otherwise:
AAAArea Agency for the Aging.
ACApplication Control.
ACEActive Corps of Executives.
ADAssistance Disbursement.
AFDCThe Aid to Families with Dependent Children Program, replaced by the TANF Program effective March 3, 1997.
AIIAged Individual.
ARAArea Redevelopment Administration (AR)Occupational Training.
ASCAged Spouse.
BDPBureau of Data Processing.
BESBureau of Employment Security.
BIIBlind Individual.
BPBlind Pension.
BP-BState Blind Pension.
BSCBlind Spouse.
BVRBureau of Vocational Rehabilitation.
CAOCounty Assistance Office.
CBACounty Board of Assistance.
CETAComprehensive Employment and Training Act.
CFAid to Families with Dependent ChildrenFoster Care.
CHAMPUSCivilian Health and Medical Program of the UniformedServices.
CIDCounty Institution District.
CRSCatholic Relief Services.
CSClaim Settlement.
CSBClaim Settlement Bureau.
CUUnemployed Father.
CWSChild Welfare Service.
CWTCommunity Work and Training Act.
DCDomiciliary Care.
DCFDisabled Child with Father.
DCMDisabled Child with Mother.
DCPDisabled Child with Parents.
DDSDirect Delivery System.
DHSDepartment of Human Services.
DIIDisabled Individual.
DRODomestic Relations Office.
DSCDisabled Spouse.
DepartmentDepartment of Human Services.
EAEmergency Assistance.
ETPEmployment and Training Program.
FCIFood, Clothing, and Incidentals Program.
FNSFood Nutrition Service.
FSBPFederal State Blind Pension.
GAGeneral Assistance.
GCGeneral Control.
GEDGeneral Educational Development.
HEWFederal Department of Health, Education and Welfare.
HMOHealth Maintenance Organization.
IDIdentification.
ID-VERIdentificationVerification.
IMIncome Maintenance.
IMUIncome Maintenance Unit.
INSImmigration and Naturalization Service.
IRSInternal Revenue Service.
JSJob Service.
LIABLife Insurance Adjustment Bureau.
LRRLegally Responsible Relative.
MAMedical Assistance.
MH/MRMental Health/Mental Retardation.
MILMinimum Income Level.
MNOMedically Needy Only.
NCENoncontinuous Eligibility.
NCWCNational Catholic Welfare Conference.
NHCNursing Home Care.
NMPNonmoney Payment.
OAAOld Age Assistance.
OASDIOld Age Survivors and Disability Insurance.
OESOffice of Employment Security.
OFSOffice of Family Services.
OJTOn the Job Training.
OTIOut-of-Town Inquiries.
PAPublic Assistance.
PCAid to Families with Dependent ChildrenNonmoney Payment.
PDGeneral AssistanceNonmoney Payment.
PEPresumptive Eligibility.
PJAid to DisabledNonmoney Payment.
PKNonmoney PaymentTransitionally Needy.
PMAid to BlindNonmoney Payment.
PSEPublic Service Employment.
PSESPennsylvania State Employment Services.
QCQuality Control.
RRRailroad Retirement.
RSDIRetirement, Survivors and Disability Insurance.
RWPRelief Works Project.
SAUSeparate Administrative Unit.
SBPState Blind Pension.
SCOREService Corps of Retired Executives.
SDXState Data Exchange System.
SRSpecified Relative.
SSASocial Services Administration.
SSISupplemental Security Income.
SSNSocial Security Number.
SUBSupplemental Unemployment Benefits.
SecretarySecretary of Human Services.
TAOld AgeMedically Needy Only.
TANFThe Temporary Assistance for Needy Families Program.
TBAid to BlindMedically Needy Only.
TCAid to Dependent ChildrenMedically Needy Only.
TDGeneral AssistanceMedically Needy Only.
TJAid to DisabledMedically Needy Only.
TKMedically Needy OnlyTransitionally Needy.
UCUnemployment Compensation.
UHIASUnited Hebrew Immigrant Aid Society.
UMWAUnited Mine Workers of America.
VISTAVolunteers in Service throughout America.
VRVocational Rehabilitation.
WINWork Incentive Program.
Authority The provisions of this § 101.4 amended under 201(2) and 403(b) of the Public Welfare Code (62 P. S. § § 201(2) and 403(b)).
Source The provisions of this § 101.2 amended October 2, 1992, effective upon publication and apply retroactively to October 1, 1989, 22 Pa.B. 4875; amended July 28, 2000, effective July 29, 2000, 30 Pa.B. 3779. Immediately preceding text appears at serial pages (247233) to (247235).
§ 101.5. Forms.
(a) Forms used in the administration of the public assistance program, including those which may be revised or renumbered are available from the Department of Human Services, Management Services, Post Office Box 2675, Harrisburg, Pennsylvania 17105.
(b) The following is a list of several forms referred to on this part and their corresponding official designations:
A-3Treasury Investigation Form.
A-4Treasury Investigation Report Form.
AG-1Notice of Exception.
AG-1 Part IIdentification Factors.
AG-1 Part IIEligibility Factors.
AG-1 Part IIIExplanation of Exception.
CY 931Certificate of Subsidized Adoption.
DP 207Request for Treasury Investigation.
DHS 6190Authorization to Sign Document.
ES 1Referral and Placement Report.
ES 350Applicants Record Card.
IM-2IM Referral to Vocational Rehabilitation.
IM-3Referral for WIN Registration.
IM-6AFDC WIN Change Notice.
IM-9AFDC WIN Grant Reduction Record.
MA S-95WIN Registration Record.
MA 5-96WIN Certification Record.
MA 5-97WIN Status Change Notice.
MA 57Hospital Admission Certification.
MA 62Social Information for Permanent and Total Disability.
MA 215Letter-Disability Review.
OA-132Accounting for Appropriation Advancement Voucher Transmittal.
OA 275Authorization of Signature Card.
PA 1Application for Assistance.
PA 1-MApplication-Medical Assistance.
PA 1-MSSupplemental Application for Medical Assistance.
PA 1-SSupplemental Application for Medical Assistance.
PA 1-SPApplication for Participation in Food Stamp Program.
PA 3-RProperty Lien Notice.
PA 4Authorization for Information on Resources.
PA 4-MMedical Assistance Physicians Prescription.
PA 5AMedical Identification Card (White).
PA 5-AMedical Identification Card (Blue).
PA 5-BMedical Identification Card (Pink).
PA 5-CMedical Identification Card (Green).
PA 5-MCertification-Medical Care.
PA 6-FAssignment of Insurance.
PA 6-GDistribution of Insurance Benefits.
PA 6-KAssurance as to Nonchange of Beneficiary.
PA 6-MHospital Admission Certification.
PA 9Reimbursement Agreement.
PA 13Reference Card and Registration Report.
PA 21Face Sheet.
PA 21-BBlind Pension Authorization Sheet.
PA 21-BIComputation Sheet.
PA 21-BNFederal-State Blind Pension Authorization Sheet.
PA 21-FLegally Responsible Relatives.
PA 21-HInsuranceBurial Resources.
PA 21-IBP Property.
PA 21-MComputation of Resources Medical Assistance.
PA 21-MRBenefit Period Record.
PA 21-MUMedical Assistance Verification Summary.
PA 21-NNHC Authorization Sheet.
PA 21-PAuthorization Sheet.
PA 21-PFFoster Care Authorization Sheet.
PA 28Analysis of Employment Information.
PA 28-SEmployable Index Card.
PA 40Report of Epthamological Examination.
PA 41Report of Medical Examination.
PA 41-DReport of Medical ExaminationDomiciliary Care.
PA 41-SMedical Supplement.
PA 44Burial Reserve Agreement.
PA 48Authorization for Services and Supplies.
PA 50Request for Appointment of Guardian, Representative, or Trustee.
PA 50-PAgreement (Public Nursing Home Care Program).
PA 51Request and Report State Mental Institutions.
PA 52Application-Foster Child Care.
PA 52-CNotice of Change in Eligibility for Foster Care Payment.
PA 52-FChild Welfare Service Agreement.
PA 52-RAnnual Report-Foster Child Care.
PA 53PA Foster Home and Institutional Care Payment Report.
PA 53-SSummary Invoice for Foster Home and Institutional Care Payment Report.
PA 54Clearance of Mismatches-Enumeration Process.
PA 57Institution Agreement.
PA 60-PMedical Report Pulmonary.
PA 61-SSocial Information Supplement.
PA 62Social Information for Aid to the Disabled Assistance.
PA 72Missing Relative Summary.
PA 73Request for Information.
PA 75Employers File Card.
PA 76Request for Financial Information.
PA 78Request for Confidential Employment Information.
PA 79Request for Legal Information.
PA 83-ZRequest for Insurance Data.
PA 84Request for Information from Unemployment Records.
PA 84-MRequest for Information Bureau of Motor Vehicles.
PA 84-RAuthorization and Request for Information Railroad Retirement Board.
PA 84-VRequest for Verification of Birth.
PA 84-WRequest for Workmens Compensation Information.
PA 85Case Message.
PA 87Alphabetical Index Card.
PA 88Geographical Index File Card.
PA 89Cross Reference Card.
PA 90Application Control Card.
PA 90-MMedical Application Control Card.
PA 91Master Index File Information Only Card.
PA 93Sample Data Report on Medical Assistance.
PA 94Case Record Request.
PA 95Caseworker Notice.
PA 95-NGeneral Control Notice.
PA 96Quality Control Card.
PA 96-SQuality Control Card Supplement.
PA 117Monthly Report on Medical Exams and Hearing to Determine Exempt Status.
PA 118Burial Request-Invoice.
PA 122Authorization for Assistance.
PA 122-ECBA Disbursement Authorization.
PA 122-NAuthorization for Nursing Home Care.
PA 122-PCPetty Cash Voucher.
PA 122-RAuthorization to Vendor.
PA 122 TurnaroundAuthorization for Assistance.
PA 123-ECounty Disbursement Notice of Credit.
PA 124NMP Authorization Card.
PA 124-CNMP Closing Card.
PA 127Report of Applications Other than MA (T).
PA 127-MReport of Applications Medical Assistance.
PA 128Report of Employable Persons.
PA 153-ATemporary Recording Sheet.
PA 157Report of Exception-County Reply.
PA 162Notice to Applicant.
PA 162-AAdvance Notice.
PA 162-CConfirming Notice.
PA 162-DNotice to Applicant for Domiciliary Care.
PA 162-MEligibility-Medical Assistance.
PA 162-SDiscontinuance Authorization.
PA 163Request for Address and/or Amount of Assistance.
PA 173-BReferral for Support Action.
PA 173-CApplication for Unadjusted Assistance Grant and Authorization to Pay Support Order Payments to the Department of Human Services.
PA 173-DStipulation to Change Beneficiary.
PA 173-EAuthorization to Change Beneficiary and to Pay Order and Arrearages to DHS.
PA 173-FNotice of Support Referral.
PA 173-KAgreement and Authorization to Pay Claim.
PA 173-MMedical Assistance Referral for Court Action.
PA 173-SReimbursement Referral.
PA 176-KAgreement and Authorization to Pay Claim.
PA 176-KMAgreement and Authorization to Pay Medical Assistance Claim.
PA 176-SReimbursement Authorization.
PA 176-UAgreement to Pay ClaimDelayed UC Checks.
PA 184-SSuggestion of Non-Payment.
PA 189Overpayment Referral.
PA 189-ASuspected Grant Referral Disposition Notice.
PA 189-RClaim Settlement Report on Referral.
PA 189-XOverpayment Investigation Control.
PA 198Assignment Receipt.
PA 198-SAssignment of Interest in Decedents Estate.
PA 205Notice of Returned Check.
PA 205-SNotice of Suspension.
PA 207Request for: Investigation of Check and/or Waiver of Investigation of Check.
PA 207-DPAuthorization Correction Notice.
PA 210Referral to County Administrator.
PA 212Notice of Appointment with County Administrator.
PA 213Progress Report.
PA 214Monthly Report of Advancements, Expenditures and Balances Emergency Fund.
PA 258-NRequest for NHC Payment.
PA 259Standard Medical Invoice.
PA 259-CRequest for Correction of Payment Medical Assistance.
PA 250-NSNursing Invoice.
PA 259-PInstitutional Care Invoice Certification.
PA 259-SInvoice Transmittal.
PA 260-FRecommendation by County Review Team.
PA 293Child Support Action Notice.
PA 295School Medical Referral.
PA 296Social Security Number Consent Statement.
PA 340Application for Assistance.
PA 364Retirement Check Transmittal.
PA 408Verification of Social Security Number.
PA 409EnumerationClerical Control Sheet.
PA 430Medical Eligibility Authorization.
PA 451Report of Personal Interview.
PA 653Notice of Caseworker Change.
PA 740Face Sheet.
PA 742Income/Change Sheet.
PA 743Eligibility Form.
PA 743-CEligibility Form.
PA 743-REligibility Form.
PA 743-REEligibility Form.
PA 743-SRights and Responsibilities.
PA 745Domiciliary Care Redetermination Report.
PA 746Termination State Supplement for Domiciliary Care.
PA 747Authorization State Supplement for Domiciliary Care.
PW 361Standard Transmittal.
PW 361-SStandard Transmittal Supplement.
PW-SS 205SSA referral and disposition of services.
SAU-2IMU Allowance Request.
SAU-3Monthly Referral/Registration Activity.
SAU-4SAU Certification Record.
SRS117AWIN Certification Report.
SRS 117BAFDC WIN Grant Reductions Report.
SS-5Application for a Social Security Number.
SSA-5Application for Social Security Number.
SSA 1610Request for Information from SSA.
SSA 8036Notice of SSI Eligibility.
SSA 8220SSA State SSI Information Exchange Form.
UC-46Status of Overpayment.
Source The provisions of this § 101.5 amended July 11, 1986, effective July 12, 1986, 16 Pa.B. 2524. Immediately preceding text appears at serial pages (28853) to (28857) and (96061).
CHAPTER 103. DEFINITIONS
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