62 Pa. Stat. § 432.23

Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 432.23 - Verification system
(a) The department shall establish a computerized income eligibility verification system to verify eligibility, eliminate duplication of assistance and deter fraud: Provided, however, that the department, in good faith, attempts to obtain the cooperation by Federal authorities or other states, or both; and further provided, that the data be accessible by the department. Subject to section 432.19, prior to authorizing assistance under section 432.2(b) or continuing assistance under section 432.2(c), the department shall match the social security number of each applicant and recipient with the following:
(1) Unearned income information maintained by the Internal Revenue Service.
(2) Employer quarterly reports of income and unemployment insurance benefit payment information maintained by the State Wage Information Collection Agency.
(3) Earned income information maintained by the Social Security Administration.
(4) Immigration status information maintained by the Citizenship and Immigration Services.
(5) Death register information maintained by the Social Security Administration.
(6) Prisoner information maintained by the Social Security Administration.
(7) Public housing and section 8 payment information maintained by the Department of Housing and Urban Development.
(8) National fleeing felon information maintained by the Federal Bureau of Investigation.
(9) Wage reporting and similar information maintained by states contiguous to this Commonwealth.
(10) Beneficiary Data Exchange (BENDEX) Title H database maintained by the Social Security Administration.
(11) Beneficiary Earnings Exchange Report (BEER) database maintained by the Social Security Administration.
(12) State New Hire database maintained by the Commonwealth.
(13) National New Hire database maintained by the Federal Government.
(14) State Data Exchange (SDX) database maintained by the Social Security Administration.
(15) Veterans Benefits and Veterans Medical (PARIS) maintained by the Department of Veterans Affairs with coordination through the Department of Health and Human Services.
(16) Child care subsidy payments maintained by the Commonwealth.
(17) Low-Income Energy Assistance Program Reporting Utility Expenses maintained by the Commonwealth.
(18) The database of all persons who currently hold a license, permit or certificate from a Commonwealth agency the cost of which exceeds one thousand dollars ($1,000).
(19) A database which is new, substantially similar to or a successor of a database set forth in this subsection.
(20) Lottery winners database maintained by the Pennsylvania Lottery.
(b) If a discrepancy results between the applicant's or a recipient's social security number and one or more of the databases set forth in subsection (a), the department shall review the applicant's or recipient's case using the following procedure:
(1) If the information discovered under subsection (a) does not result in ineligibility or modification of the amount or type of assistance, the department shall take no further action.
(2) If the information discovered under subsection (a) would result in ineligibility or modification of the amount or type of assistance, the department shall provide written notice to the applicant or recipient which shall describe in sufficient detail the circumstances of the discrepancy, opportunity for a hearing or review and the consequences of failing to take action. The applicant or recipient shall have ten business days to respond in writing to resolve the discrepancy. The department may request additional documentation as necessary.
(3) If the applicant or recipient does not respond to the notice, the department shall deny assistance. The department shall provide written notice of intent to discontinue assistance. Eligibility for assistance shall not be reestablished until the applicant or recipient complies with paragraph (2).
(4) If an applicant or recipient responds or disagrees with the findings of a match between his social security number and a database under subsection (a), the department shall reinvestigate the matter. If the department determines there has been an error, the department shall correct the error. If, after investigation, the department determines that there is no error, the department shall determine the effect on the applicant's or recipient's case and take appropriate action.
(5) If the applicant or recipient agrees with the findings of the match between the applicant's or recipient's social security number and one or more databases, the department shall determine the effect on the applicant's or recipient's case and take appropriate action.
(6) Written notice of the department's action under paragraph (4) or (5) shall be given to the applicant or recipient.
(c)
(1) No later than one year after the effective date of this section and every year thereafter, the department shall provide a written report to the Governor, the General Assembly, the chairperson and minority chairperson of the Public Health and Welfare Committee of the Senate, the chairperson and minority chairperson of the Health Committee of the House of Representatives and the Inspector General detailing the results of the implementation of this section, including, but not limited to, the following information:
(i) The number of case closures.
(ii) The savings resulting from the use of the verification system.
(iii) A listing of the data required under subsection (a) that the department was unable to obtain or access, and a description of the department's efforts to obtain or access the data.
(iv) Any actions taken by the department to qualify the Commonwealth for continued or enhanced Federal funds and a description of why the action was necessary.
(2) The department shall also notify the chairperson and minority chairperson of the Public Health and Welfare Committee of the Senate and the chairperson and minority chairperson of the Health Committee of the House of Representatives of any changes in the information provided in subparagraphs (iii) and (iv) within sixty days.
(d) As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Discrepancy" means information regarding assets, income, resources or status of an applicant or recipient of assistance, derived from a database under subsection (a), that indicates that either:

(i) an applicant or recipient is ineligible to receive assistance under Federal or State law; or
(ii) the assets, income or resources of an applicant or recipient are at least, in terms of a dollar amount, ten percent greater than the dollar amount reflected in the information the department possesses about the applicant or recipient with respect to the applicant's or recipient's assets, income or resources.

62 P.S. § 432.23

Amended by P.L. TBD 2018 No. 125, § 3, eff. 12/24/2018.
1967, June 13, P.L. 31, No. 21, art. 4, § 432.23, added 2011, June 30, P.L. 89, No. 22, § 4, effective 7/1/2011.