Pennsylvania SB 657: An Act amending the act of June 13, 1967 (P.L.31, No.21), known as the Human Services Code, in departmental powers and duties as to licensing, further providing for regulations.

Bill Text

PRINTER'S NO. 766
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 657
Session of
2025
INTRODUCED BY COLEMAN, PENNYCUICK, KEEFER, STEFANO, BAKER AND
ROTHMAN, MAY 12, 2025
REFERRED TO INTERGOVERNMENTAL OPERATIONS, MAY 12, 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 departmental powers and
duties as to licensing, further providing for regulations.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1021(d) of the act of June 13, 1967
(P.L.31, No.21), known as the Human Services Code, is amended
and the section is amended by adding a subsection to read:
Section 1021. Regulations.--* * *
(d) The department shall develop regulations under this
article in consultation with industry stakeholders, consumers
and other interested parties. In developing and adopting
regulations under this article, the department:
(1) Shall maximize the types of settings in which
individuals may live or receive residential services, day
programming services, adult day care and vocational services
that are funded through a home- and community-based waiver.
(2) Shall maximize and prioritize the exercise of individual
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choice in the selection of the settings in which individuals
reside or receive services.
(3) Shall not impose any requirements on the types of
settings that may be funded through a home- and community-based
waiver beyond those imposed by Federal law under 42 U.S.C. §
1396n (relating to compliance with State plan and payment
provisions).
(4) Shall not preclude settings from receiving funding
through a home- and community-based waiver due to location,
service type, size or type or number of individuals served
except as required by Federal law under 42 U.S.C. § 1396n.
(e) Within one hundred eighty days after the effective date
of this subsection, the department shall amend all rules and
regulations inconsistent with subsection (d)(1), (2), (3) and
(4), including 55 Pa. Code §§ 6100.444 (relating to size of
service location) and 6100.445 (relating to locality of service
location), and shall submit to the Centers for Medicare and
Medicaid Services amendments to the State plan and all home- and
community-based waivers to bring the State plan and waivers into
compliance with the requirements of subsection (d)(1), (2), (3)
and (4).
Section 2. This act shall take effect in 60 days.
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