Pennsylvania SB 1041: An Act amending the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, in sales and use tax, further providing for exclusions from tax.

Bill Text

PRINTER'S NO. 1253
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1041
Session of
2025
INTRODUCED BY BROWN, CULVER, PENNYCUICK, FONTANA, BAKER,
STEFANO, J. WARD, BARTOLOTTA AND FARRY, OCTOBER 17, 2025
REFERRED TO HEALTH AND HUMAN SERVICES, OCTOBER 17, 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,
providing for medical assistance for complex care assistant
services.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of June 13, 1967 (P.L.31, No.21), known
as the Human Services Code, is amended by adding a section to
read:
Section 443.16. Medical Assistance for Complex Care
Assistant Services.--(a) No later than one year after the
effective date of this subsection and subject to Federal
approval, the department shall establish a program in which a
family member of a recipient of medical assistance may be
certified as a complex care assistant and, after receiving the
certification may, under the direction of a registered nurse,
provide complex care assistant services to the recipient through
a home health agency under the reimbursement rates specified
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under subsection (g). The program shall operate as a home health
care service benefit under the medical assistance program. For
the purpose of the program, a recipient shall meet any of the
following criteria:
(1) The recipient shall be younger than twenty-one years of
age.
(2) The recipient shall qualify for private duty nursing
services under the medical assistance program.
(3) The recipient can receive both complex care assistance
and private duty nursing services if it is deemed medically
necessary. Complex care assistance services are meant as a
supplement to private duty nursing and not a replacement.
(b) The department shall develop an assessment tool to
identify recipients who meet the criteria specified under
subsection (a).
(c) (1) A complex care assistant must meet the training and
competency evaluation program standards for home health aides
established at 42 CFR 483.151 (relating to state review and
approval of nurse aide training and competency evaluation
programs), 483.152 (relating to requirements for approval of a
nurse aide training and competency evaluation program), 483.154
(relating to nurse aide competency evaluation) and 484.80
(relating to condition of participation: home health aide
services), including completing seventy-five hours of training
and a competency evaluation.
(2) A home health aide may, except for skilled tasks,
provide complex care assistant services to their child.
(d) A home health agency that employs a family member of a
recipient shall pay all costs for the family member to become
certified as a complex care assistant under the program before
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providing complex care assistant services. The family member who
becomes certified as a complex care assistant under the program
shall not be required to repay or reimburse the home health
agency for the costs incurred by the family member to become
certified as a complex care assistant.
(e) A family member of a recipient who becomes certified as
a complex care assistant under the program shall perform all of
the following tasks under the scope of practice of a complex
care assistant as applicable for the recipient:
(1) The tasks associated with t ransferring, positioning,
ambulation, feeding, personal care, catheter care, range of
motion, vital signs, blood pressure, medication administration,
enteral care and therapy.
(2) Administering enteral feedings, including the tasks
associated with formula types and preparation.
(3) Other tasks approved by the Department of Health for a
family member who becomes certified as a complex care assistant
under the program.
(f) Notwithstanding subsection (e), a home visit to a
recipient that is required by the medical assistance program
shall be conducted by a r egistered nurse every thirty days.
(g) C omplex care assistant services provided by a family
member of a recipient who becomes certified as a complex care
assistant under the program shall be reimbursed to a home health
agency under the medical assistance program at a provider rate
of no less than forty-five dollars ($45) per hour.
(h) The parent or guardian of a medical assistance enrollee
shall choose whether to participate in the program. A Medicaid-
enrolled home health provider may choose whether to participate
in the program.
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(i) Medical assistance shall seek Federal approval,
including seeking the appropriate Federal waiver or State plan
amendment, to exclude income earned through employment as a
complex care assistant fro