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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.
April 1st, 2008
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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. |
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Bill History: |
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
|
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. |
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Companions: |
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: |
01-25-07
H Filed
01-30-07 H Introduced and referred to committee on House Judiciary |
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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) |
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Specific Remarks: |
Contains several welfare reform initiatives |
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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 |
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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. |
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Companions: |
HB 55 (Refiled from 05R Session) |
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Bill History: |
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
|
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. |
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Companions: |
HB 64 (Refiled from 05R Session) |
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Bill History: |
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
|
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. |
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Companions: |
HB 738 (Refiled from 05R Session) |
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Specific Remarks: |
Monitor with regard to mental health services and
access to prescription drugs. |
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General Remarks: |
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: |
01-31-07
H Filed
02-01-07 H Introduced and referred to committee on House Insurance |
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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) |
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Specific Remarks: |
MH/MR Staff Worker Loan Forgiveness Program |
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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 |
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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. |
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Bill History: |
02-06-07
H Filed
02-09-07 H Introduced and referred to committee on House Insurance |
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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. |
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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 |
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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. |
|
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 |
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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. |
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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 |
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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. |
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Bill History: |
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
|
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. |
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General Remarks: |
Governor's Prescription for PA |
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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 |
|
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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.
|
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Bill History: |
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
|
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) |
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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 |
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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) |
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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 |
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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) |
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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 |
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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) |
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Companions: |
SB 998 (Identical) |
|
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 |
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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. |
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Bill History: |
05-01-07
H Filed
05-04-07 H Introduced and referred to committee on House Judiciary |
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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.
|
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Bill History: |
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
|
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) |
|
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 |
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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) |
|
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 |
|