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Home | Legislation Index | Executive Direction Index

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LEGISLATION OF INTEREST TO NAMI PA

2007-2008 Legislative Session

  • If you have concerns or views on the bills, please communicate them to NAMI PA.
  • Bill Information: To access a copy of any of the bills mentioned below, go to: www.legis.state.pa.us or click on the links below. Then, click on“Session” and then click “Electronic Bill Room.” Follow the prompts for accessing the actual bill. At this site, you can obtain the complete text of the bill, view the cosponsors, and review the latest legislative activity.
  • NAMI Position: If NAMI PA has formed an opinion on a particular bill, that information will be provided in the description of the bill in thechart below. If you would like additional legislative information or information on the bills mentioned below, please contact James W. Jordan, Jr., Executive Director of NAMI PA.

January 31st, 2008

 

HB 54  

Frankel

(PN 79) Amends the Mental Health or Mental Retardation Facility Closure Act providing for proceeds from sales of closed facilities by adding that if a closed facility is sold, the proceeds would come back to the Department and used for community-health based services.

 

Printer Number(s):

P0079 

 

Bill History:

01-19-07 H Filed
01-30-07 H Introduced and referred to committee on House Health and Human Services

 

 

HB 80  

Leach

(PN 104) Amends Title 42 (Judiciary) providing for a judicial district to apply for a grant to establish a mental health court division. The mental health court division will provide a single point of contact where a defendant with a mental illness may receive court-ordered treatment and support services in connection with a diversion from prosecution, a sentencing alternative or a term of probation or parole. The Administrative Office, consulting with the Department of Public Welfare Office of Mental Health and Substance Abuse Services, the Department of Corrections, and the PA Board of Probation and Parole, will establish standards, funding schedules, and procedures for awarding grants to establish the mental health court division. The bill provides guidelines for establishing these grants.

 

Companions:

HB 1233 (Refiled from 05R Session)
HB 1307 (Refiled from 05R Session)
SB 374 (Refiled from 05R Session)
SB 587 (Identical)

 

Printer Number(s):

P0104 

 

Bill History:

01-25-07 H Filed
01-30-07 H Introduced and referred to committee on House Judiciary

 

 

HB 83  

DeLuca

(PN 2265) Amends the Public Welfare Code providing for reporting requirements; further providing for assistance recipient identification program; providing for income eligibility verification system; further providing for local administration of assistance; providing for fraud detection system and for residency and county assistance offices; and requiring the Department of Public Welfare to provide personal care home information on the department's Internet website. The secretary would be required to submit and post on its website a copy of certain documents which the department submits to the Federal Department of Health and Human Services under TANF for the federal fiscal year. A photograph of the recipient of benefits would be placed upon each electronic benefits transfer card. The legislation provides for the creation of an income eligibility verification system to eliminate duplication of assistance and deter fraud. The system would require an applicant to provide his Social Security number which would be matched with several different databases. The bill provides for resolution of a discrepancy. Each county would be required to establish procedures to identify, investigate and resolve potential cases of fraud prior to determining an applicant's eligibility for assistance. An individual applying for assistance must do so at the assistance office closest to the residence of the applicant. Lastly, the Department would be required to provide certain personal care home information on its website. The department may remove information from its website that is required to be posted under this section after it has been posted for a period of five years or longer. (Prior Printer Number: 107, 2234)

 

Specific Remarks:

Contains several welfare reform initiatives

 

Printer Number(s):

P0107  P2234  P2265 

 

Bill History:

07-12-07 H Set on the House Calendar
07-12-07 H Laid out for discussion
07-12-07 H Third consideration
07-12-07 H Final Passage (Vote: Y:197/N: 1)
07-14-07 S Received in the Senate and referred to Senate Public Health and Welfare

 

 

HB 92  

Youngblood

(PN 116) Amends the Public Welfare Code further defining "assistance group" by adding that if eligible for temporary assistance to needy families, at the option of the applicant or recipient, the assistance group must exclude any child who receives support payments or any Social Security benefits, including retirement, survivor or disability benefits, provided that such support or benefits are legally limited to the use of the child receiving them. The legislation also states that an applicant or recipient for temporary assistance to needy families may, at the option of that applicant or recipient, exclude from the assistance group any child who receives support payments or any Social Security benefits, including retirement, survivor or disability benefits, provided that such support or benefits are legally limited to the use of the child receiving them. Additionally, in making a determination of need the department would exclude all moneys received by any child which is excluded from the assistance group. Any moneys received under this exclusion would not be assigned under any circumstances to the department or the Commonwealth.

 

Companions:

HB 55 (Refiled from 05R Session)

 

Printer Number(s):

P0116 

 

Bill History:

01-25-07 H Filed
01-30-07 H Introduced and referred to committee on House Health and Human Services

 

 

HB 96  

Youngblood

(PN 120) Amends Title 20 (Decedents, Estates and Fiduciaries) providing for medical consent for a minor by an adult caregiver by adding that a parent, legal guardian or legal custodian may authorize an adult person in whose care a minor has been entrusted to consent to any medical, surgical, dental, developmental or mental health examination, diagnosis or treatment, including immunization, to be rendered to the minor under the supervision or upon the advice of a physician, nurse, dentist or mental health professional licensed to practice in PA; and to obtain any and all records with regard to such services; provided there is no prior order of any court in any jurisdiction currently in effect which would prohibit the parent, legal custodian or legal guardian from exercising the power that the parent, legal custodian or legal guardian seeks to convey to another person. The legislation provides an authorization form to be signed by the parent/legal guardian.

 

Companions:

HB 64 (Refiled from 05R Session)

 

Printer Number(s):

P0120 

 

Bill History:

01-25-07 H Filed
01-30-07 H Introduced and referred to committee on House Children and Youth

 

 

HB 165  

Boyd

(PN 191) The Mandated Benefit Moratorium Act would establish a moratorium during which the General Assembly would not enact any new or expanded health insurance policy mandated benefit. The Legislative Budget and Finance Committee would study the issue of health insurance policy mandated benefits and the cost to employers and individuals of health insurance policy mandates. In conducting the study, the Legislative Budget and Finance Committee would consider cost-benefit analyses to determine the cost-effectiveness of mandated benefits. The Committee would submit a final report with recommendations to the General Assembly no later than December 31, 2008.

 

Companions:

HB 738 (Refiled from 05R Session)

 

Specific Remarks:

Monitor with regard to mental health services and access to prescription drugs.

 

General Remarks:

Prescription drugs or legislation limiting scope of PDLs can be interpreted as a mandated benefit. Need to monitor resolution.

 

Printer Number(s):

P0191 

 

Bill History:

01-31-07 H Filed
02-01-07 H Introduced and referred to committee on House Insurance

 

 

HB 282  

Petrone

(PN 985) The Mental Health and Mental Retardation Staff Member and Alcohol and Drug Addiction Counselor Loan Forgiveness Programs Act would provide loan forgiveness to PA residents who graduate from institutions of higher education and who apply their degrees to careers in mental health or alcohol and drug addiction counseling in PA. The bill states that loans may be forgiven over four years of full-time staff work. No more than $5,000 would be forgiven in any year, and no more than $20,000 would be forgiven for any applicant. The applicant would enter into a contract with the Commonwealth that states the recipient would agree to be employed by a county mental health or mental retardation service agency located within PA or by a private provider of mental health or mental retardation services for a period of no less than four years in the field. (Prior Printer Number: 314)

 

Specific Remarks:

MH/MR Staff Worker Loan Forgiveness Program

 

Printer Number(s):

P0314  P0985 

 

Bill History:

04-17-07 H Set on the House Calendar
04-17-07 H Laid out for discussion
04-17-07 H Third consideration
04-17-07 H Final Passage (Vote: Y:191/N: 4)
04-23-07 S Received in the Senate and referred to Senate Education

 

 

HB 300  

Mundy

(PN 374) Amends the Insurance Company Law defining "medical necessity" as clinical determinations made by qualified trained health care providers, and set forth in writing to establish a service or benefit which will or is reasonably expected to (1) prevent the onset of an illness, condition or disability; (2) reduce or ameliorate the physical, mental, behavioral or developmental effects of an illness, condition, injury or disability; or (3) assist the individual to achieve or maintain maximum functional capacity in performing daily activities. The bill states that determinations that do not establish medical necessity for covered care and services must be documented in writing.

 

Printer Number(s):

P0374 

 

Bill History:

02-06-07 H Filed
02-09-07 H Introduced and referred to committee on House Insurance

 

 

HB 326  

Sturla

(PN 377) Amends Titles 18 (Crimes and Offenses) and 42 (Judiciary) providing for the offenses of criminal gang activity and criminal gang solicitation and recruitment; establishing the Criminal Gang Deterrence Fund; providing for disposition for criminal gang activity offenders; further providing for disposition of delinquent child and for controlled substance forfeiture; providing for alcohol and drug treatment; imposing penalties; and making an appropriation of $1,000,000 to the Criminal Gang Deterrence Fund for the fiscal year 2007-2008.

 

Printer Number(s):

P0377 

 

Bill History:

02-07-07 H Filed
02-09-07 H Introduced and referred to committee on House Judiciary
04-26-07 H Discussed in Public Hearing - 4/26/07, House Judiciary
09-11-07 H Meeting set for 10:00 a.m., Room 418, Main Capitol, House Judiciary
09-11-07 H Public hearing held in committee House Judiciary

 

 

HB 430  

Cappelli

(PN 498) Amends the Public Welfare Code by stating that adult family members would be required to participate at least twenty hours per week in employment or work-related or educational activities or training to be eligible for assistance for subsidized child day care.

 

Printer Number(s):

P0498 

 

Bill History:

02-13-07 H Filed
02-26-07 H Introduced and referred to committee on House Health and Human Services
06-21-07 H Meeting set for 9:30 a.m., Room 205, Ryan Office Bldg., House Health and Human Services
06-21-07 H Passed over in committee House Health and Human Services

 

 

HB 614  

DiGirolamo

(PN 680) Amends The Administrative Code establishing the Department of Drug and Alcohol Programs, which would include a Bureau of Prevention and Intervention, Bureau of Treatment and Bureau of Administration. The Department would develop and adopt a State plan for the control, prevention, intervention, treatment, rehabilitation, research, education, and training aspects of drug and alcohol abuse and dependence problems. The Pennsylvania Advisory Council on Drug and Alcohol Abuse would be the advisory council to the Department of Drug and Alcohol Programs. The Pennsylvania Drug and Alcohol Abuse Control Act would be repealed.

 

Printer Number(s):

P0680 

 

Bill History:

06-26-07 H Third consideration
06-26-07 H Final Passage (Vote: Y:197/N: 4)
07-03-07 S Received in the Senate and referred to Senate Public Health and Welfare
12-05-07 S Meeting set for 10:00 a.m., Room 461 Main Capitol, Senate Public Health and Welfare
12-05-07 S Informational meeting held Senate Public Health and Welfare

 

 

HB 695  

Walko

(PN 781) The Private Care Residence Registration Act states that the owner or legal entity responsible for the operation of a private care residence would register annually with the department. At the initial registration with the department, the owner or legal entity responsible for the operation of a private care residence would submit with the registration a report of criminal history record information from the Pennsylvania State Police. The bill states that the department may inspect a private care residence to determine if the facility has complied with the registration requirements of this act. The bill also states that the owner or legal entity responsible for the operation of a private care residence that fails to register with the department would be subject to a civil penalty of $500.

 

Printer Number(s):

P0781 

 

Bill History:

03-07-07 H Filed
03-09-07 H Introduced and referred to committee on House Aging and Older Adult Services

 

 

HB 700  

Eachus

(PN 1011) Amends Title 40 (Insurance) reforming the healthcare system by providing for access to affordable health insurance coverage for previously uninsured individuals. The Cover All Pennsylvanians health insurance program (CAP) would be established to assist certain small business employers to cover their uninsured employees and to provide access to affordable health insurance coverage for uninsured adults. The CAP Fund would be established as a restricted account in the General Fund that would get money from various sources including money appropriated for adultBasic or any alternative program to benefit persons of low-income under the Community Health Reinvestment Agreement of the Tobacco Settlement Act. Rates and premiums for CAP would be annually determined by the Insurance Department and could vary by region and contractor. Premiums of small low-wage employer participants and enrollees could not be increased higher than the average of the change in the medical care component of the Consumer Price Index and the change in the average wage for PA as determined by the Department of Labor and Industry. Premium discounts are further provided for. Each professional health service plan corporation and hospital plan corporation and their subsidiaries and affiliates doing business in PA would have to submit a bid or proposal to the department to carry out the purposes of this bill in the geographic area they cover. Other insurers could also submit a bid or proposal to carry out the purposes of this bill. The basic CAP benefit package would include preliminary and annual health assessments, emergency care, inpatient and outpatient care, prescription drugs, medical supplies and equipment, emergency dental care, maternity care, skilled nursing, home health and hospice care, chronic disease management, preventive and wellness care, and inpatient and outpatient behavioral health services. Pre-existing conditions would not exclude someone from enrollment. Each employer would be subject to a fair share tax as follows: (1) for fiscal years 2007-08 through 2009-10, 3% of the wages paid by the employer; (2) for fiscal years commencing after June 30, 2010, 3.5% of the wages paid by the employer. Tax credits are provided for beginning in FY 2007-08 at $15,000 and reducing every year to $0 in FY 2012-13 and every year thereafter. An employer that offers qualifying health care coverage to each of its employees who works 30 hours per week or more following no more than 90 days of continued employment could get a credit against the fair share tax in an amount equal to 3% of the employer's wages for fiscal years 2007-08 through 2009-10 and 3.5% of the employer's wages for fiscal years commencing after June 30, 2010. The Department of Labor and Industry, in consultation with the department, would have to determine whether the employer's offer is qualifying health care coverage. Penalties and enforcement for non-compliant employers are further provided for. Community rates and plans are also provided for as is mandatory coverage for students and certain children. By January 1, 2008, each hospital operating as a charitable institution would complete a community needs assessment and the terms uniform admission and fair billing and collection practices of hospitals are specifically provided for. A Pennsylvania Drug Retail Price Registry would be created for the purpose of making retail price information for the 150-most-frequently prescribed prescription drugs, together with their generic equivalents where applicable, readily available to consumers. A registry to be known as the Pennsylvania Hospital Payment Registry for the purpose of making readily available to consumers information regarding the payments received by hospitals for the 150-most-frequent admission diagnoses and the 150-most-frequently dispensed drugs would likewise be created as would the Pennsylvania Outpatient Procedure Payment Registry for the purpose of making readily available to consumers information regarding the payments received by ambulatory surgical facilities and imaging centers for the 50-most-frequent outpatient procedures. The Pennsylvania Center for Health Careers would be created within the department. The center would be charged with providing a focused direction and purpose for the development of strategies to address the state's short-term and long-term health care work force. Certifications for medical professionals are further provided for in the bill. Hospice licensure would be required. By September 1, 2008, all hospitals would have to use a uniform electronic surveillance system to report healthcare acquired infections. Nursing homes would report to the council the same infections and in the same manner that hospitals are required to report to the council under the Health Care Cost Containment Act. Standards to reduce healthcare acquired infections and medical errors would be established and a smoking plan in numerous public places is provided for with exceptions being provided for private homes, private residences and private automobiles, a hotel or motel room rented to one or more guests, retail tobacco businesses and cigar bars.

 

General Remarks:

Governor's Prescription for PA

 

Printer Number(s):

P1011 

 

Bill History:

05-17-07 H Public hearing held in committee House Insurance
05-23-07 H Press conference held
05-30-07 H Meeting set for 9:00 a.m., Bucks Co. Bar Assn, 135 E. State, House Insurance
05-30-07 H Public hearing held in committee House Insurance
06-12-07 H Discussed in House Democrats press conference

 

 

HB 802  

Phillips

(PN 921) The Residential Addiction Treatment Wait List Reduction Act establishes the Emergency Demand Reduction Program to reduce waiting lists for residential addiction treatment and to provide moneys to single county authorities to address the emergency waiting list for residential addiction treatment.

 

Printer Number(s):

P0921 

 

Bill History:

03-13-07 H Filed
03-19-07 H Introduced and referred to committee on House Health and Human Services

 

 

HB 810  

Bishop

(PN 1883) The Residential Lease Protection for Illness Act states that, regarding residential leases, a landlord must provide access to the tenant's dwelling by a person designated under a durable power of attorney, by an attorney-in-fact, or by the tenant or appointed guardian of the tenant. The designation or appointment would be accompanied by a certification of the tenant's illness signed by a licensed physician. A tenant with a certified illness may terminate a residential lease upon 30 days' written notice, provided that the tenant did not know or have reason to know about the illness at the time the tenant entered into the lease. (Prior Printer Number: 928)

 

Printer Number(s):

P0928  P1883 

 

Bill History:

06-20-07 H Set on the House Calendar
06-20-07 H Laid out for discussion
06-20-07 H Third consideration
06-20-07 H Final Passage (Vote: Y:198/N: 0)
06-21-07 S Received in the Senate and referred to Senate Urban Affairs and Housing

 

 

HB 1000  

Manderino

(PN 1996) Amends the Insurance Company Law providing for mental health services by stating that if an enrollee has obtained a referral to receive outpatient mental health care services from a health care provider or specialist, the referral would constitute a standing referral for any subsequent outpatient mental health care services provided by any health care provider until the mental health care service for which the referral was approved has reached its conclusion. Also adds an article providing for retroactive denial of reimbursement of payments to health care providers by insurers. If an insurer retroactively denies reimbursement to a health care provider, the insurer may only: (1) retroactively deny reimbursement for services subject to coordination of benefits with another insurer, the medical assistance program or the Medicare program during the 12-month period after the date that the insurer paid the health care provider; and (2) retroactively deny reimbursement during a 12-month period after the date that the insurer paid the health care provider. (Prior Printer Number: 1171, 1756)

 

Printer Number(s):

P1171  P1756  P1996 

 

Bill History:

06-21-07 H Set on the House Calendar
06-21-07 H Laid out for discussion
06-21-07 H Third consideration
06-21-07 H Final Passage (Vote: Y:203/N: 0)
06-21-07 S Received in the Senate and referred to Senate Banking and Insurance

 

 

HB 1160  

Metcalfe

(PN 1475) Amends Title 18 (Crimes and Offenses) providing for temporary emergency licenses for carrying a firearm by requiring a person seeking a temporary emergency license to carry a concealed firearm to submit to the sheriff of the county in which the person resides all of the following: evidence of imminent danger to the person or member of the person's family; a sworn affidavit containing information required on an application for a license to carry a firearm and attesting that the person is 21 years of age or older; and a temporary emergency license fee established by the Commissioner of the Pennsylvania State Police for an amount that does not exceed the actual cost of conducting the criminal background check or $10, whichever is less. The amendment also provides that a temporary emergency license issued would be valid for 90 days and may not be renewed and another would not be issued for at least four years after the expiration of the prior temporary emergency license. (Prior Printer Number: 1424)

 

Printer Number(s):

P1424  P1475 

 

Bill History:

04-23-07 H Filed
04-24-07 H Discussed in Press Conference - 4/24/07
04-25-07 H Introduced and referred to committee on House Judiciary

 

 

HB 1177  

Fabrizio

(PN 2804) Amends Title 40 (Insurance) by defining "clinical social work services" and including clinical social work under the scope of service. (Prior Printer Number: 1457)

 

Companions:

SB 998 (Identical)

 

Printer Number(s):

P1457  P2804 

 

Bill History:

12-11-07 H Set on the House Calendar
12-11-07 H Laid on the table
01-28-08 H Set on the Tabled Calendar
01-28-08 H Removed from the table
02-04-08 H Set on the House Calendar

 

 

HB 1220  

Reichley

(PN 1506) Amends Title 42 (Judiciary) providing for interagency information sharing by stating that the contents of county agency, drug and alcohol, mental health and education records regarding a child who has been accepted for service by a county agency, who has been placed under supervision pursuant to an informal adjustment or consent decree, who has been found to have committed a delinquent act or who has been found to be dependent or delinquent would be provided upon request to the county agency, court or juvenile probation department. The county agency, court or juvenile probation department would use the information contained in the records in furtherance of the disposition under this chapter of the child who is the subject of the records.

 

Printer Number(s):

P1506 

 

Bill History:

05-01-07 H Filed
05-04-07 H Introduced and referred to committee on House Judiciary

 

 

HB 1221  

Cox

(PN 2027) Amends the Public Welfare Code further providing for the State plan for regulating and licensing personal care homes by adding that personal care homes must be inspected annually, unannounced. Additionally, within 24 hours of receipt of a complaint from any person alleging an immediate serious risk to the health and safety of a resident of a personal care home, the department must conduct an onsite unannounced inspection of the personal care home.

 

General Remarks:

Includes language to require that any funds derived from sale of an MH/MR facility to into a community MH/MR services fund.

 

Printer Number(s):

P2027 

 

Bill History:

06-21-07 H Filed
06-21-07 H Introduced and referred to committee on House Aging and Older Adult Services

 

 

HB 1225  

Seip

(PN 2999) The Local Senior Citizen Property Tax and Rent Rebate Act authorizes a local taxing authority to establish a local senior citizen property tax and rent rebate program or continue an existing program. A program established under this act would expire one year from the date of establishment. Income eligibility and the maximum amount of property tax and rent rebates would be determined by the local taxing authority as follows: (1) The maximum annual household income for property tax rebates shall not exceed $35,000, and the annual rebate may be any amount up to and including the amount of the maximum rebate under section 1304 The Taxpayer Relief Act; and (2) The maximum annual household income for rent rebates may not exceed $15,000, and the annual rebate may be any amount up to and including the amount of the maximum rebate under section 1304 of The Taxpayer Relief Act. Approved claims would be paid from the local taxing authority's general fund. Local taxing authorities are required to report on the program to the Department of Community and Economic Development. The bill provides for duties of the department. (Prior Printer Number: 1510)

 

Printer Number(s):

P1510  P2999 

 

Bill History:

12-11-07 H Reported as amended House Aging and Older Adult Services
12-11-07 H First consideration
12-11-07 H Laid on the table
12-12-07 H Removed from the table
12-12-07 H Rereferred to House Appropriations

 

 

HB 1235  

White, J

(PN 2235) Amends Title 18 (Crimes and Offenses) further providing for grading the offense of impersonating a public servant by adding that the offense would be felony of the third degree if the impersonator intends to induce another to submit to such pretended official authority; for exceptions to the prohibition of interception and disclosure of certain communications by permitting a consumer to electronically record a telephone call from a debt collector without the consent or knowledge of the debt collector; and for challenge to criminal history records, for review of challenge and for appeals. The bill adds that a person denied the right of access to a firearm may challenge the decision by submitting a challenge to the Pennsylvania State Police within 30 days from the date of the denial. The State Police would conduct a review of the accuracy of the denial, collect information from the challenger, and issue a decision. The challenger may appeal the decision to the Attorney General, whose decision may then be appealed to the Commonwealth Court. (Prior Printer Number: 1519, 2099)

 

Companions:

HB 648 (Refiled from 05R Session)

 

Printer Number(s):

P1519  P2099  P2235 

 

Bill History:

11-20-07 S Voted favorably from committee on Senate Judiciary
11-20-07 S Reported as committed from Senate Judiciary
11-20-07 S First consideration
01-14-08 S Set on the Senate Calendar
01-14-08 S Laid on the table

 

 

HB 1253  

Solobay

(PN 2296) Amends Professional Nursing Law further providing for scope of practice for certified registered nurse practitioners by adding that they would have authority to do all of the following: (1) Order home health and hospice care; (2) Order durable medical equipment; (3) Issue oral orders under the same conditions and in the same facilities as physicians are permitted to do; (4) Perform physical therapy and dietitian referrals; (5) make respiratory or occupational therapy referrals; (6) Perform disability assessments for the program providing TANF; (7) Issue home schooling certifications; and (8) Perform and sign the initial assessment of methadone treatment evaluations, provided that any order for methadone treatment would be made only by a physician. A certified registered nurse practitioner would be required to maintain a level of professional liability coverage as required for a nonparticipating health care provider under the Mcare Act, but would not be eligible to participate in the Mcare Fund. (Prior Printer Number: 1548, 1986, 2019, 2176)

 

Printer Number(s):

P1548  P1986  P2019  P2176  P2296 

 

Bill History:

07-14-07 H Signed in the House
07-14-07 S Signed in the Senate
07-15-07 G In the hands of the Governor
07-25-07 G Last day for Governor's action
07-20-07 G Approved by the Governor (Act: 48)

 

 

HB 1286  

Evans, D

(PN 2346) The General Appropriation Act of 2007 for fiscal year 2007-08. (Prior Printer Number: 1543, 1907, 1983)