Pennsylvania Statutes Title 62 P.S. Poor Persons and Public Welfare § 454. Medical assistance benefit packages; coverage, copayments, premiums and rates

(a) Notwithstanding any other provision of law to the contrary, the department shall promulgate regulations as provided in subsection (b) to establish provider payment rates; the benefit packages and any copayments for adults eligible for medical assistance under Title XIX of the Social Security Act (49 Stat. 620, 42 U.S.C. § 1396 et seq.) and adults eligible for medical assistance in general assistance-related categories; and the premium or copayment requirements for disabled children whose family income is above two hundred percent of the Federal poverty income limit. Subject to such Federal approval as may be necessary, the regulations shall authorize and describe the available benefit packages and any copayments and premiums, except that the department shall set forth the copayment and premium schedule for disabled children whose family income is above two hundred percent of the Federal poverty income limit by publishing a notice in the Pennsylvania Bulletin. The department may adjust such copayments and premiums for disabled children by notice published in the Pennsylvania Bulletin. The regulations shall also specify the effective date for provider payment rates.

(b) For purposes of implementing this section, and notwithstanding any other provision of law, including section 814-A  1 of this act, the secretary shall promulgate regulations pursuant to section 204(1)(iv) of the act of July 31, 1968 (P.L. 769, No. 240),  2 referred to as the Commonwealth Documents Law, which shall, until December 31, 2005, be exempt from all of the following acts:

(c) The department is authorized to grant exceptions to any limits specified in the benefit packages adopted under this section or when any of the following circumstances applies:

(d) As used in this section:

“Adult” means recipients twenty-one years of age or older, except when in relation to copayments, for which the term means recipients eighteen years of age or older.

“Benefit packages” means the list of items and services covered by medical assistance, including any limitations on covered items and services.