RULES AND REGULATIONS
Title 55--PUBLIC WELFARE
DEPARTMENT OF PUBLIC WELFARE
[55 PA. CODE CH. 155]
[29 Pa.B. 5390]
The Department of Public Welfare (Department), by this order, adopts the amendments to read as set forth in Annex A under the authority of sections 201(2) and 403(b) of the Public Welfare Code (code) (62 P. S. §§ 201(2) and 403(b)).
The proposed amendments were published at 27 Pa.B. 3679 (July 26, 1997). No comments were received and there are no changes to the published amendments.
The purpose of these amendments is to delete §§ 155.1, 155.3, 155.4, 155.41, 155.44, 155.61, 155.64, 155.74 and 155.84. The Department is replacing all previous regulations and procedures with a single requirement which provides that applicants for and recipients of assistance benefits shall comply with Federal enumeration requirements. Federal regulations require that applicants and recipients of Medical Assistance (MA), Food Stamps and Temporary Assistance for Needy Families (TANF) shall, as a condition of eligibility, disclose or apply for a Social Security Number (SSN). Federal statutes and regulations relating to enumeration are applicable to all programs in which Federal funding is received (for example, MA, Food Stamps and TANF). Further, section 432.2(b)(3) of the code (62 P. S. § 432.2(b)(3)) requires that applicants or recipients of State-funded programs also provide SSNs. Therefore, the Department has adopted the same practice for State-funded programs as for those in which Federal funding is received.
Section 1137 of the SSA (42 U.S.C.A. § 1320b-7), added to the Social Security Act by section 2651 of the Deficit Reduction Act of 1984 (Pub.L. No. 98-369), provides the authority by which the Department requires all persons applying for or receiving TANF, Nonmoney Payment Medical Assistance (NMP) and Medically Needy Only Medical Assistance (MNO) to disclose or apply for an SSN. Federal enumeration requirements for the Food Stamp Program are adopted by reference in § 501.1 and are not included in Chapter 155. Section 432.2(b)(3) of the code, as amended, further provides the authority by which the Department requires that persons applying for or receiving General Assistance (GA), State Blind Pension (SBP) or MNO in a related category shall disclose or make application for SSNs. In addition, the Federal requirements mandate the Department to verify all SSNs with the Social Security Administration (SSA).
Need for the Amendments
These amendments will enable the Department to use, by reference, the enumeration regulations in the Code of Federal Regulations. It will also facilitate the issuance of instructional material to county assistance offices (CAOs) for the operation of the program. This eliminates any need for the Department to promulgate its own regulations to implement a new change in Federal regulations.
Section 1137 of the Social Security Act, requires applicants and recipients to provide their SSN or apply for one if they do not have a number.
These amendments make no substantive changes to enumeration requirements already in effect. They will have no additional impact on applicants for, or recipients of, public assistance programs.
Affected Persons and Organizations
The changes to Chapter 155 will not change enumeration requirements which currently exist.
The changes to Chapter 155 will ensure immediate compliance with Federal regulation changes and simplify administration of the program by eliminating the need to revise 55 Pa. Code to reflect changes in Federal regulations.
Written comments, suggestions and objections were solicited within a 30-day period after the publication date.
Discussion of Comments
No comments were received and there are no changes to the published amendments.
The amendments will have no fiscal impact on State or local government or private entities.
The changes to Chapter 155 will reduce paperwork requirements associated with administration of the program by eliminating the need to revise 55 Pa. Code to reflect changes in Federal regulations.
The amendments are effective upon publication as final rulemaking.
A sunset date is not applicable.
Regulatory Review Act
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), the Department submitted a copy of the notice of proposed rulemaking published at 27 Pa. B. 3679 (July 26, 1997) to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House Committee on Health and Welfare and the Senate Committee on Public Health and Welfare for review and comment. Compliance with section 5(b.1) of the Regulatory Review Act was not necessary because the Department did not receive comments from the IRRC, the Committees or the public on the proposed amendments. No changes were made to the proposed amendments.
These final-form regulations were approved by the Senate Public Health and Welfare Committee and the House Health and Welfare Committee on September 9, 1999, and were deemed approved by IRRC on September 23, 1999, in accordance with section 5(g) of the Regulatory Review Act.
The Department finds that:
(1) Public notice of intention to adopt the administrative regulations amended by this order has been given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) The adoption of these amendments in the manner provided in this order is necessary and appropriate for the administration and enforcement of the code.
The Department, acting under the code, orders that:
(a) The regulations of the Department, 55 Pa. Code Chapter 155, are amended by deleting §§ 155.1, 155.3, 155.4, 155.41, 155.44, 155.61, 155.64, 155.74 and 155.84 and by adding § 155.2 to read as set forth in Annex A.
(b) The Secretary of the Department shall submit this order and Annex A to the Attorney General and General Counsel for approval as to legality and form as required by law.
(c) The Secretary of the Department shall duly certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(d) This order shall take effect upon publication in the Pennsylvania Bulletin.
FEATHER O. HOUSTOUN,
(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 29 Pa.B. 5357 (October 9, 1999).)
Fiscal Note: Fiscal Note 14-425 remains valid for the final adoption of the subject regulations.
TITLE 55. PUBLIC WELFARE
PART II. PUBLIC ASSISTANCE MANUAL
Subpart C. ELIGIBILITY REQUIREMENTS
CHAPTER 155. ENUMERATION
§ 155.1. [Reserved].
§ 155.2. General.
Applicants for and recipients of cash or Medical Assistance benefits are required to disclose or apply for a Social Security Number (SSN) as required by Federal regulations found in 42 CFR 435.910, 435.920 and 45 CFR 205.52 (relating to use of social security number; verification of SSNs; and furnishing of social security numbers) and section 432.2(b)(3) of the Public Welfare Code (62 P. S. § 432.2(b)(3)). Enumeration (disclosure of or application for an SSN) is also required by persons applying for or receiving General Assistance or State Blind Pension in accordance with section 432.2(b)(3) of the Public Welfare Code. The Federal regulations and State statute cited in this section are incorporated by reference.
§ 155.3. [Reserved].
§ 155.4. [Reserved].
§ 155.41. [Reserved].
§ 155.44. [Reserved].
§ 155.61. [Reserved].
§ 155.64. [Reserved].
§ 155.74. [Reserved].
§ 155.84. [Reserved].
[Pa.B. Doc. No. 99-1743. Filed for public inspection October 15, 1999, 9:00 a.m.]
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