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LEGISLATION OF INTEREST TO
NAMI PA
2007-2008 Legislative Session
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If you have concerns or views on the bills, please
communicate them to NAMI PA.
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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.
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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
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HB 54
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Frankel
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(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.
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Bill History:
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01-19-07
H Filed
01-30-07 H Introduced and referred to committee on House Health and Human
Services
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HB 80
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Leach
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(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.
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Companions:
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HB 1233 (Refiled from 05R Session)
HB 1307 (Refiled from 05R Session)
SB 374 (Refiled from 05R Session)
SB 587 (Identical)
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Bill History:
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01-25-07
H Filed
01-30-07 H Introduced and referred to committee on House Judiciary
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HB 83
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DeLuca
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(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)
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Specific Remarks:
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Contains several welfare reform initiatives
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Bill History:
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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
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HB 92
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Youngblood
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(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.
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Companions:
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HB 55 (Refiled from 05R Session)
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Bill History:
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01-25-07
H Filed
01-30-07 H Introduced and referred to committee on House Health and Human
Services
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HB 96
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Youngblood
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(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.
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Companions:
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HB 64 (Refiled from 05R Session)
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Bill History:
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01-25-07
H Filed
01-30-07 H Introduced and referred to committee on House Children and Youth
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HB 165
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Boyd
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(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.
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Companions:
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HB 738 (Refiled from 05R Session)
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Specific Remarks:
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Monitor with regard to mental health services and
access to prescription drugs.
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General Remarks:
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Prescription drugs or legislation limiting scope
of PDLs can be interpreted as a mandated benefit. Need to monitor resolution.
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Bill History:
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01-31-07
H Filed
02-01-07 H Introduced and referred to committee on House Insurance
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HB 282
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Petrone
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(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)
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Specific Remarks:
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MH/MR Staff Worker Loan Forgiveness Program
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Bill History:
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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
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HB 300
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Mundy
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(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.
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Bill History:
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02-06-07
H Filed
02-09-07 H Introduced and referred to committee on House Insurance
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HB 326
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Sturla
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(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.
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Bill History:
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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
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HB 430
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Cappelli
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(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.
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Bill History:
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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
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HB 614
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DiGirolamo
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(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.
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Bill History:
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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
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HB 695
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Walko
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(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.
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Bill History:
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03-07-07
H Filed
03-09-07 H Introduced and referred to committee on House Aging and Older
Adult Services
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HB 700
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Eachus
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(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.
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General Remarks:
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Governor's Prescription for PA
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Bill History:
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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
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HB 802
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Phillips
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(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.
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Bill History:
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03-13-07
H Filed
03-19-07 H Introduced and referred to committee on House Health and Human
Services
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HB 810
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Bishop
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(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)
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Bill History:
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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
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HB 1000
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Manderino
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(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)
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Bill History:
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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
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HB 1160
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Metcalfe
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(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)
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Bill History:
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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
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HB 1177
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Fabrizio
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(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)
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Companions:
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SB 998 (Identical)
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Bill History:
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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
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HB 1220
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Reichley
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(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.
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Bill History:
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05-01-07
H Filed
05-04-07 H Introduced and referred to committee on House Judiciary
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HB 1221
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Cox
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(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.
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General Remarks:
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Includes language to require that any funds
derived from sale of an MH/MR facility to into a community MH/MR services
fund.
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Bill History:
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06-21-07
H Filed
06-21-07 H Introduced and referred to committee on House Aging and Older
Adult Services
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HB 1225
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Seip
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(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)
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Bill History:
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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
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HB 1235
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White, J
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(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)
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Companions:
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HB 648 (Refiled from 05R Session)
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Bill History:
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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
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HB 1253
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Solobay
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(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)
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Bill History:
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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)
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HB 1286
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Evans, D
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(PN
2346) The General Appropriation Act of 2007 for fiscal year 2007-08. (Prior
Printer Number: 1543, 1907, 1983)
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