Pennsylvania 2025-2026 Regular Session Status: In Committee Bipartisan · 21 D · 4 R cosponsors

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.

Last action — Referred to Human Services

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill is in committee in the House. Introduced October 10, 2025. It must pass committee before a floor vote.

Next likely step: a committee vote, then a floor vote in the House.

Prognosis

Advancing 42% · moderate confidence

Where this bill stands today.

Odds of enactment

Low

How often bills like it became law.

  • In Committee

    Current position in the legislative process.

  • 25 sponsors

    1 primary, 24 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (21 D · 4 R) — cross-party backing.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

How this bill changes current law

3 changes Share ↗

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill establishes a new section in the Human Services Code to regulate fee schedule rates for home and community-based services for individuals with intellectual disabilities and autism.

  • 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 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 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 1938) and 778 (relating to overtime compensation). (B) Benefits, including health and dental benefits, sick leave and tuition reimbursements. (C) The employer share of payroll taxes.

    This creates a framework for establishing and adjusting fee schedule rates for essential services, ensuring they keep pace with inflation, while also imposing penalties for non-compliance regarding worker wages.

  • Section 443.16(b)

    Subsection (a)(1), (2), (3), (4) and (5) shall not apply in a fiscal year in which the department establishes new fee schedule rates under 55 Pa. Code. § 6100.571.

    This stipulates that certain provisions do not apply in years when new fee schedule rates are established elsewhere in the code.

  • Section 443.16(c)

    As used in this section, the term "provider" means a provider of home and community-based services provided through an intellectual disability or autism program administered by the Office of Developmental Programs of the department.

    This definition clarifies who is considered a provider under this new fee schedule regulations.

Action History

  1. Referred to Human Services

Sponsors

Sponsorship breakdown

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1 sponsors · 24 co-sponsors · 228 not signed on

Sponsors (1)

Co-sponsors (24)

Not signed on (228)

228 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety healthcare
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors HB 1939?
HB 1939 is sponsored by Jessica Benham (Democratic), Jason Ortitay (Republican), Carol Hill-Evans (Democratic), Joe Ciresi (Democratic), Arvind Venkat (Democratic), Nikki Rivera (Democratic), Tarik Khan (Democratic), Daniel J. Deasy (Democratic), Abigail Salisbury (Democratic), Melissa L. Shusterman (Democratic), John C. Inglis III (Democratic), Benjamin V. Sanchez (Democratic), Christina D. Sappey (Democratic), Aerion Abney (Democratic), La'Tasha D. Mayes (Democratic), G. Roni Green (Democratic), Brett R. Miller (Republican), Joseph C. Hohenstein (Democratic), Johanny Cepeda-Freytiz (Democratic), Natalie Mihalek (Republican), Brandon J. Markosek (Democratic), Dan K. Williams (Democratic), Valerie S. Gaydos (Republican), Melissa Cerrato (Democratic), and Anita Astorino Kulik (Democratic).
What is the current status of HB 1939?
This bill is in committee in the House. Introduced October 10, 2025. It must pass committee before a floor vote.
Where can I track HB 1939?
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