Pennsylvania HB 1939: An Act amending the act of June 13, 1967 (P.L.31, No.21), known as the Human Services Code, in public assistance, providing for fee schedule rates.

Bill Text

PRINTER'S NO. 2447
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1939
Session of
2025
INTRODUCED BY BENHAM, ORTITAY, HILL-EVANS, CIRESI, VENKAT,
RIVERA, KHAN, DEASY, SALISBURY, SHUSTERMAN, INGLIS, SANCHEZ,
SAPPEY, ABNEY, D. MILLER, MAYES, GREEN, HOHENSTEIN, CEPEDA-
FREYTIZ, MIHALEK AND GAYDOS, OCTOBER 10, 2025
REFERRED TO COMMITTEE ON HUMAN SERVICES, OCTOBER 10, 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 fee schedule rates.
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. Fee Schedule Rates.--(a) Subject to Federal
approval and in addition to 55 Pa. Code § 6100.571 (relating to
fee schedule rates), the following applies to the fee schedule
rates for home and community-based services provided through
intellectual disability and autism programs administered by the
Office of Developmental Programs for the twelve-month period
beginning October 1, 2026, and each October 1 thereafter:
(1) To the extent funds are appropriated for the purposes
under this section, the fee schedule rates shall be increased by
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18

the percentage change to the Consumer Price Index for the most
recently reported twelve-month period.
(2) If the increase to the fee schedule rates under
paragraph (1) will result in the total estimated expenditures
exceeding the funds appropriated for the purpose, the percentage
increase to the fee schedule rates shall be limited by the
amount appropriated.
(3) If no change or a decrease occurs in the Consumer Price
Index under paragraph (1), the fee schedule rates for home and
community-based services under this section shall remain
unchanged for the year. For any year in which the Consumer Price
Index increases following a year of decrease, the percentage
increase shall be calculated by subtracting the cumulative
percentage of any consecutive preceding years of decrease.
(4) The department shall transmit notice to the Legislative
Reference Bureau for publication in the next available issue of
the Pennsylvania Bulletin providing the percentage increase to
be applied to the fee schedule rates under this section prior to
implementing the adjustment to the fee schedule rates.
(5) When fee schedule rates increase under this section, a
provider shall increase the total wages of a direct support
professional by the increased percentage in the Consumer Price
Index under paragraph (1) no later than January 1 of the
applicable fiscal year of the rate increase.
(6) Beginning October 1, 2026, and each year thereafter, the
department shall transmit notice to the Legislative Reference
Bureau for publication in the next available issue of the
Pennsylvania Bulletin providing the lower bound wage rate for a
direct support professional based on any increase in the fee
schedule rates. No provider may pay a direct support
20250HB1939PN2447 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30

professional wage below the applicable lower bound wage rate.
(7) Effective July 1, 2027, if a provider does not comply
with the compensation provisions under this section, the
provider shall be subject to a financial penalty to be imposed
by the department not to exceed an amount equal to the number of
hours worked by each direct support professional who received
wages lower than the lower bound wage rate multiplied by the
difference between the wage the direct support professional
received and the lower bound wage rate published under paragraph
(6).
(8) Notwithstanding any other provision of law, a financial
penalty collected under this section shall be deposited into the
Home and Community-Based Services for Individuals with
Intellectual Disabilities Augmentation Account established under
section 1729-E of the act of April 9, 1929 (P.L.343, No.176),
known as The Fiscal Code.
(9) A provider shall report annually to the department the
following information, in a form and manner as prescribed by the
department:
(i) The number of direct support professionals rendering
services.
(ii) The average wage of direct support professionals by
each service type rendered.
(iii) The starting wage of direct support professionals by
each service type rendered.
(iv) Information on the amount and type of compensation paid
to direct support professionals, including the following:
(A) Salary, wages and other remuneration under 29 U.S.C. Ch.
8 (relating to fair labor standards) and 29 CFR Pts. 531
(relating to wage payments under the Fair Labor Standards Act of
20250HB1939PN2447 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30

1938) and 778 (relating to overtime compensation).
(B) Benefits, including