55 Pa. Code § 141.54 - Maximizing participation project
(a)
Eligibility. A family
may be eligible for Extended TANF under this section if the individual who has
received 60 months of TANF assistance meets the requirements of paragraph (1),
(2) or (3). The individual is:
(1) Exempt
from participation in RESET because the individual is mentally or physically
disabled as verified by a physician or licensed psychologist and the disability
temporarily or permanently precludes any form of employment or work-related
activity.
(2) Not exempt from RESET
but has good cause for not complying with RESET and referral to MPP, WPP or
another employment and training program was deferred under §
141.56(a)(2)
(relating to deferred referral).
(3) Exempt from participation in RESET
because the individual is the parent or specified relative who is providing
care for a child under 6 years of age and for whom alternate child care
arrangement is unavailable, and referral to MPP, WPP or another employment and
training program was deferred under § 141.56(a)(3).
(b)
Requirements.
(1)
General. Except as
provided in paragraph (2), as a condition of eligibility under this section,
the individual shall:
(i) Agree on an AMR to
enroll in MPP, cooperate in obtaining a WCA, sign and comply with the MPP
service plan.
(ii) Enroll in MPP,
cooperate in obtaining a WCA, sign and comply with the MPP service
plan.
(iii) Authorize the release
of information and cooperate in obtaining information relevant to the WCA, MPP
assessment or MPP service plan, whichever applies.
(2)
Exceptions to WCA
requirement.
(i) An individual whose
current enrollment in MPP began before the individual received 60 months of
TANF assistance, or who is grandfathered under this section, as described in
subparagraph (ii), may continue in MPP without a WCA if one of the following
applies:
(A) The individual has received an
MPP assessment.
(B) The individual
has agreed on an AMR to receive an MPP assessment.
(ii) An individual is grandfathered under
this section if the individual's current enrollment in MPP began before
implementation of this section.
(3)
The WCA.
(i)
Purpose and scope.
(A) The WCA will seek to identify:
(I) The nature and extent of medical
conditions, functional limitations and good cause situations that preclude or
limit the individual from complying with RESET participation
requirements.
(II) The individual's
range of ability to engage in work and work-related activities, with and
without appropriate treatment.
(B) The WCA will include an evaluation of
existing documentation regarding medical conditions and functional limitations.
The WCA will also include consideration of previously undiagnosed conditions
and limitations.
(C) For evaluation
of a medical condition or functional limitations, the WCA will require an
examination of the individual. For evaluation of a good cause situation, the
WCA may require an examination of the individual if necessary and relevant to
the determination of the good cause situation.
(D) The WCA may include additional testing as
needed to facilitate diagnosis and appropriate treatment
recommendations.
(E) The findings
and recommendations of the WCA will be provided to the MPP team.
(ii)
Standards for review
of medical conditions and functional limitations.
(A) If the individual has a medical condition
or functional limitation that precludes or limits compliance with RESET, the
WCA will be conducted based upon accepted medical standards for the evaluation
of impairments, using a standard framework and method of analysis.
(B) The standard framework and method of
analysis used for the evaluation of temporary and permanent impairments will be
the most recent edition of the American Medical Association, "Guides to the
Evaluation of Permanent Impairment."
(iii)
Evidence of medical conditions
and functional limitations.
(A)
Existing documentation. The individual shall obtain existing
documentation regarding medical conditions and functional limitations that may
preclude or limit compliance with RESET, including available records of the
treating physician and psychologist. If necessary, the Department or its agent
will assist the individual in obtaining existing documentation.
(B)
Treating physician
opinions. The WCA will include consideration of available opinions of
the treating physician.
(4)
Results of the WCA or MPP
assessment.
(i) If the results of
the WCA or MPP assessment reveal a medical condition, functional limitation or
good cause situation that precludes the individual from complying with RESET,
the MPP team will develop an MPP service plan in consultation with the
individual.
(ii) If the results of
the WCA or MPP assessment do not reveal a medical condition, functional
limitation or good cause situation that precludes the individual from complying
with RESET, the individual will be referred to an appropriate employment and
training activity. If the results indicate that there is a medical condition,
functional limitation or good cause situation that limits but does not preclude
the individual's ability to participate in RESET, the relevant WCA findings and
recommendations will be provided with the referral.
(iii) An individual who disagrees with the
findings or recommendations of the WCA may request a second opinion
WCA.
(c)
Ineligibility. If the individual fails to comply with this
section, the family is ineligible for Extended TANF under this section until
the individual complies.
(d)
Definition. As used in this section, the following word has
the following meaning, unless the context clearly indicates otherwise:
Individual-The adult head of household or spouse of head of household.
Notes
The provisions of this § 141.54 issued under sections 402(a)(7)(A)(iii) and (B) and 408(a)(7)(A) and (C) of the Social Security Act (42 U.S.C.A. §§ 602(a)(7)(A)(iii) and (B) and 608(a)(7)(A) and (C)); 45 CFR 264.1(c); 201(1), 401(a), 403(b), 405, 405.1, 405.3, 432, 432(3) and (8) and 432.21(a) of the Public Welfare Code (62 P. S. §§ 201(1), 401(a), 403(b), 405, 405.1, 405.3, 432, 432(3) and (8) and 432.21(a)); the act of May 16, 1996 (P. L. 175, No. 35); and the Domestic Relations Code, 23 Pa.C.S. §§ 4301-4381, 5103, 7101-7901 and 8101-8418.
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