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LEGISLATION OF INTEREST TO NAMI PA

2006-2007 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.

May 5, 2006

 

HB 15

DiGirolamo

(PN 3876) Amends Titles 18 (Crimes and Offenses) and 75 (Vehicles) providing for the Substance Abuse Education and Demand Reduction Fund. The bill states that 20% of grants awarded through the program may be used to assist in the start up of a victim impact panel program, to study the impact of the panels and to provide assistance for the ongoing operation of the panels. No more than 20% of grant money awarded each fiscal year would go to eligible organizations to educate about the dangers of substance abuse and the dangers of substance abuse in the workplace and provide comprehensive drug-free workplace programs. The bill also requires that 10% of the grant money awarded each fiscal year be transferred annually to the Community Drug Abuse Prevention Grant Program. The Pennsylvania Commission on Crime and Delinquency would develop guidelines, procedures and all applications necessary to implement the grant program. The legislation makes a technical change to Section 3802(g)(1) pertaining to exception to two-hour rule providing where the Commonwealth shows good cause explaining why the chemical test sample could not be obtained within two hours. The bill also states that courts can order a person who violates section 3802 to attend a victim impact panel program. Lastly, the bill further provides for the standards and operation of victim impact panels. (Prior Printer Number: 2632, 3167, 3448)

 

Bill History:

05-03-06 H Set on the House Calendar
05-03-06 H Laid out for discussion
05-03-06 H House concurred in Senate amendments (Vote: Y:198/N: 0)
05-03-06 H Signed in the House
05-03-06 S Signed in the Senate

 

 

HB 49

Petrone

(PN 2108) The Mental Health and Mental Retardation Staff Member and Alcohol and Drug Addiction Counselor Loan Forgiveness Programs Act states that qualified applicants would be eligible for payment by the Pennsylvania Higher Education Assistance Agency (PHEAA) of a portion of the debt incurred by the applicant through the agency-administered Guaranteed Stafford or Consolidation Loan Programs for the education necessary to be a mental health or mental retardation staff member in PA if the qualified applicant enters into a contract with the agency that requires the qualified recipient to remain employed as a full-time staff member in PA for a period of two consecutive years. PHEAA is authorized to forgive a proportional part of the applicant's loan so that the loan may be entirely 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. PHEAA would be required to submit an annual report to the General Assembly on the program. (Prior Printer Number: 51)

 

Bill History:

06-07-05 H Laid out for discussion
06-07-05 H 1 Floor amendment(s) adopted
06-07-05 H Third consideration
06-07-05 H Final Passage (Vote: Y:197/N: 0)
06-13-05 S Received in the Senate and referred to Senate Education

 

 

HB 201

Nailor

(PN 1120) The Mental Health and Mental Retardation Facility Closure or Reduction Moratorium Act would impose a moratorium on the closure or reduction of any facility and require the Legislative Budget and Finance Committee to study the issue of closure of State mental health facilities and report to the General Assembly. The Legislative Budget and Finance Committee would study each instance of the issue of the closure or reduction of a facility. In conducting each study, the Legislative Budget and Finance Committee would consider and make recommendations with respect to several issues. This act would apply to closures or reductions made after December 31, 2004, and before January 1, 2006. Nothing in the act would prevent or obstruct a resident/patient from exercising his or her lawful ability to enter or leave a facility at any time. (Prior Printers Numbers: 242)

 

Companions:

SB 229 (I)   

 

Bill History:

03-29-05 H Second consideration
03-29-05 H Rereferred to House Appropriations
05-02-05 H Voted from committee with request to re-refer to Health and, House Appropriations
Human Services
05-02-05 H Reported with request to re-refer to Health and, House Appropriations
Human Services
05-02-05 H Rereferred to House Health and Human Services

 

 

HB 433

Maitland

(PN 471) Amends the Mental Health Procedures Act providing for persons who may be subject to involuntary emergency examination and treatment by adding that individuals may be involuntarily subject to emergency examination and treatment if the totality of circumstances supports a finding of danger, that there is a risk of a suicide attempt, that there is a risk of an attempt of self-mutilation; the person has acted in such a way as to evidence that he does not have the capacity to make a rational treatment decision, and serious debilitation would ensue within 30 days from a diagnosed condition; or a person's history of treatment and diagnosis, and a person's past behavior may be considered in determining whether a person's recent behavior constitutes a clear and present danger to others or to himself.

 

Bill History:

03-15-05 H Voted favorably from committee on House Health and Human Services
03-15-05 H Reported as committed from House Health and Human Services
03-15-05 H Rereferred to House Judiciary
06-21-05 H Meeting set for 10:00 a.m., Room 205, Ryan Office Building, House Judiciary
06-21-05 H Passed over in committee House Judiciary

 

 

HB 499

Gannon

(PN 538) Amends the Insurance Company Law further providing for mental illness coverage. The bill would prohibit insurers from counting medication management visits toward the number of outpatient visits and in fact should cover that visit under the same terms and conditions as it covers outpatient visits for treatment of physical illness. The bill would also eliminate language that calls for a study of the cost and benefits of this section every two years for the General Assembly.

 

Specific Remarks:

Provides for mental health insurance parity

 

Bill History:

02-11-05 H Filed
02-14-05 H Introduced and referred to committee on House Insurance

 

 

HB 591

Barrar

(PN 664) Amends the Public School Code by prohibiting school officials or employees from recommending that a child use psychotropic or sympathomimetic drugs, although they could recommend appropriate evaluation of a student by a medical practitioner.

 

Bill History:

02-15-05 H Filed
02-16-05 H Introduced and referred to committee on House Education
02-08-06 H Meeting set for 9:00 a.m., Room 60, East Wing, House Education
02-08-06 H Amended in committee and held House Education

 

 

HB 815

Feese

(PN 2568) This is the General Appropriation Act of 2005 providing for expenses of the Executive, Legislative and Judicial Departments, the public debt, for the public schools for the fiscal year July 1, 2005, to June 30, 2006. (Prior Printer Number: 848, 1648, 2282)

 

General Remarks:

Fiscal Year 2006-07 State Budget

 

Bill History:

07-07-05 S Signed in the Senate
07-07-05 G In the hands of the Governor
07-17-05 G Last day for Governor's action
07-07-05 G Approved by the Governor (Act: 9001)
05-08-06 H Set on the House Calendar

 

 

HB 1052

Smith, S

(PN 1872) The Commonwealth Pharmacy Program Procedures and Policies Act would, through the Office of Administration, establish a series of uniform procedures for PA pharmacies or preferred pharmacy programs. The Office of Administration would also establish an online claims adjudication system, a drug utilization review system to monitor and correct misutilization of drug therapies and a surveillance utilization review system to monitor, identify and investigate potential misutilization or deficiencies in the level of care and ensure that a brand name product would be dispensed and not substituted with an A-rated generic therapeutically equivalent drug if it is less expensive to the commonwealth pharmacy program. Additionally, if a preferred drug list (PDL) or formulary is utilized in the future, certain mental health drugs, immunosuppressants and HIV drugs would be exempted from the requirements. The Office of Administration is also charged with evaluating the feasibility of creating a disease management program and a recycling program for the redistribution of prescription drugs at health care facilities or State correctional facilities. (Prior Printers Numbers: 2108)

 

Specific Remarks:

Prevents DPW from implementing additional access restrictions for pharmaceuticals

 

General Remarks:

Introduced to prevent DPW from implementing a PDL until 1/1/07. Bill was not passed and DPW implemented a PDL.

 

Bill History:

05-03-05 H Laid on the table
05-11-05 H Set on the Tabled Calendar for
05-11-05 H Removed from the table
05-11-05 H Second consideration
05-11-05 H Rereferred to House Appropriations

 

 

HB 1168

Habay (Res. 2/7/06)

(PN 2560) Amends the Public Welfare Code providing for use of medical expenses to establish medical assistance eligibility, for lifetime limit on unpaid medical expenses, for penalty period for asset transfer, for treatment of life estates and annuities, for community spouse income, for eligibility for home and community-based services, for verification of eligibility and for eligibility redetermination of persons for medical assistance; further providing for medical assistance payments for institutional care, for other medical assistance payments, for reimbursement for certain items and services and for relatives' responsibility; providing for medical assistance benefit packages, for coverage, copayments, premiums and rates, for definitions of limited applicability, for rebates, for pharmacy management systems, for enrollment limitation and for established drug regimens; further providing for other computations affecting counties, for special provider participation requirements and for third-party liability; and providing for data matching, for special needs trusts, for a health insurance premium payment program and for parity in insurance coverage for State-owned psychiatric hospitals. (Prior Printers Numbers: 1374, 1873, 2432)

 

Bill History:

07-06-05 H Signed in the House
07-06-05 S Signed in the Senate
07-07-05 G In the hands of the Governor
07-17-05 G Last day for Governor's action
07-07-05 G Approved by the Governor (Act: 42)

 

 

HB 1233

Leach

(PN 1446) Amends Title 42 (Judiciary) by allowing the court of common pleas of any county or judicial district to apply for a grant to establish a mental health court division. The mental health court division would have the following objectives: 1) increased cooperation between the criminal justice and mental health systems; 2) faster case processing time; 3) improved access to necessary services and support; 4) increased services for offenders with mental illness; 5) reduced recidivism; 6) continued judicial supervision, including periodic review of preliminarily qualified offenders with mental illness who are charged with misdemeanors or nonviolent offenses; and 7) coordinated delivery of services, including specialized training of law enforcement and judicial personnel, voluntary outpatient or inpatient treatment, centralized case management, and continuing supervision of treatment plan compliance.

 

Bill History:

03-30-05 H Filed
03-30-05 H Introduced and referred to committee on House Judiciary

 

 

HB 1307

Washington (Res. 6/14/05)

(PN 1555) 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:

SB 374 (I)   

 

Bill History:

04-06-05 H Filed
04-11-05 H Introduced and referred to committee on House Judiciary

 

 

HB 1370

Wojnaroski

(PN 2106) The Cognitive Impairment Support Services Certification Act would create a certification program in facilities that offer cognitive support services to persons with cognitive impairments and for individuals that work in facilities that deliver services to individuals who are cognitively impaired. (Prior Printer Number: 1658)

 

Bill History:

09-26-05 H Laid on the table
11-21-05 H Set on the Tabled Calendar for
11-17-05 H Removed from the table
11-17-05 H Laid on the table
05-08-06 H Set on the Tabled Calendar for

 

 

HB 1372

Fairchild

(PN 1660) The Mental Health Facility Closure Act would regulate the closure of state-operated mental health facilities. The legislation would prohibit the Department of Public Welfare from closing a facility unless enabling legislation is enacted and a pubic hearing is held or a court order is obtained. It also establishes procedures for the Department to seek closure of a facility.

 

Bill History:

04-13-05 H Filed
04-14-05 H Introduced and referred to committee on House Health and Human Services

 

 

HB 1422

Washington (Res. 6/14/05)

(PN 1717) Amends the Public School Code by requiring school boards to adopt and implement a policy prohibiting school personnel from recommending the use of psychotropic drugs for school children. The legislation states that a county office of children and youth, or other similar office, cannot take a child into custody and that a court cannot order a child taken into custody because a parent, guardian or other individual responsible for a child refuses to administer or consent to the child receiving psychotropic drugs unless that refusal causes the child to be neglected or abused.

 

Bill History:

04-19-05 H Filed
04-26-05 H Introduced and referred to committee on House Education

 

 

HB 1488

Kenney

(PN 1831) The Prenatal and Postpartum Counseling Act states that a hospital, birthing center, physician, nurse-midwife or midwife who provides prenatal care to a pregnant woman during gestation or at delivery of an infant has the duty to provide the woman with a fact sheet that includes common symptoms of prenatal depression, postpartum depression, postpartum psychosis and emotional traumas associated with pregnancy and parenting and with a resource list of professional organizations that provide prenatal counseling, postpartum counseling and assistance to parents.

 

Bill History:

05-10-05 H Set on the House Calendar
05-10-05 H Laid out for discussion
05-10-05 H Third consideration
05-10-05 H Final Passage (Vote: Y:197/N: 0)
05-24-05 S Received in the Senate and referred to Senate Public Health and Welfare

 

 

HB 1497

Kenney

(PN 1833) Amends the Public Welfare Code by adding that a health care provider would not be eligible for assessment abatement under the Health Care Provider Retention Program if the health care provider is not enrolled as a medical assistance provider.

 

Bill History:

05-02-05 H Filed
05-03-05 H Introduced and referred to committee on House Health and Human Services

 

 

HB 1500

Veon

(PN 1813) Amends Public Welfare Code by providing for use of medical expenses to establish medical assistance eligibility, for lifetime limit on unpaid medical expenses, for penalty period for asset transfer, for community spouse income and for treatment of life estates and annuities; further providing for medical assistance payments for institutional care, for other medical assistance payments, for reimbursement for certain items and services and for relatives' responsibility; providing for medical assistance benefit packages, for coverage, copayments and premiums, for payment for prescription and over-the-counter medications and for eligibility limitations; further providing for restrictions on provider charges and payments and for third-party liability; and providing for data matching, for special needs trusts, for a health insurance premium payment program and for parity in insurance coverage for State-owned psychiatric hospitals.

 

Specific Remarks:

Portions of this bill were amended into H.B. 1168 and signed into law.

 

General Remarks:

Some of the changes proposed in H.B. 1500 were amended into H.B. 1168 and signed into law.

 

Bill History:

04-29-05 H Filed
05-02-05 H Introduced and referred to committee on House Health and Human Services

 

 

HB 1649

True

(PN 2077) The Drug and Alcohol Treatment and Prevention Fund Act establishes the Alcohol Treatment and Prevention Fund into which the revenues derived from the first 13.407 percentage points of the liquor tax rate would be deposited. Monies in the fund would be allocated as follows: (1) 11.754% to the Department of Public Welfare to provide for a continuum of alcohol and drug detoxification and rehabilitation services to persons eligible for medical assistance; (2) 28.443% to the Department of Public Welfare for behavioral health services for individuals affected by eligibility changes for the general assistance medically needy only program; (3) 24.994% to the Department of Health to distribute to single county authorities for the provision of drug and alcohol services to include prevention, treatment, intervention and case management; (4) 10.234% to the Governor for the Pennsylvania Commission on Crime and Delinquency to provide drug and alcohol treatment-based restrictive intermediate punishment programs; and (5) 24.575% to the Department of Corrections to provide comprehensive drug and alcohol treatment to the inmate population including assessment, education, intensive treatment and aftercare.

 

Companions:

SB 727 (I)   

 

Bill History:

05-02-06 H Voted favorably from committee on House Health and Human Services
05-02-06 H Reported as committed from House Health and Human Services
05-02-06 H First consideration
05-02-06 H Laid on the table
05-08-06 H Set on the Tabled Calendar for

 

 

HB 1683

Bishop

(PN 2128) Amends the PA Drug and Alcohol Abuse Control Act by allowing the family member of a drug dependent person to petition the court of common pleas for the commitment of that person to involuntary drug and alcohol treatment services, including inpatient services, if the person is incapable of accepting or unwilling to accept voluntary treatment. The bill requires the petition to set forth sufficient facts and good reasons for the commitment and provides for assessments and for criteria to be met before the judge can order treatment for up to 90 days at a time. It also sets forth criteria to be followed for hearings on petitions for court- ordered involuntary services. The bill also states that a decision must be made within 48 hours of the close of evidence or the petition must be denied.

 

Bill History:

06-07-05 H Filed
06-08-05 H Introduced and referred to committee on House Health and Human Services

 

 

HB 1773

DiGirolamo

(PN 2268) 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.

 

Companions:

SB 832 (I)   

 

Bill History:

06-20-05 H Filed
06-21-05 H Introduced and referred to committee on House Health and Human Services

 

 

HB 1813

Kenney

(PN 3725) The Community Mental Health and Mental Retardation Program Services and Supports Act provides for the allocation of funds to county mental health and mental retardation programs and for cost-of-living adjustments and for the promulgation of rules and regulations. The Secretary of the Department of Public Welfare is required to allocate to county mental health and mental retardation programs an aggregate amount of funds not less than the aggregate amount allocated to county mental health and mental retardation programs in the prior fiscal year, plus the amount necessary to provide full-year funding of all initiatives included in the prior fiscal year's allocation, plus the amount necessary to provide funds for a cost-of-living adjustment to assure the health, safety and effective care of people served in the community-based mental health and mental retardation system. The cost-of-living adjustment would be equal to the Home Health Market Basket Index for the prior Federal fiscal year, times the sum of the aggregate amount allocated to counties in the prior fiscal year plus the amount necessary to provide full-year funding of all initiatives included in the prior fiscal year's allocation to counties. Funding allocated for a cost-of-living adjustment would only be utilized to increase the rates of funding for existing community-based mental health and mental retardation services. The Department would annually increase all existing allocations made to county mental health and mental retardation programs for the purposes of administering such programs by the same cost-of-living adjustment. (Prior Printer Number: 2386, 3214)

 

Companions:

SB 1006 (I)   

 

Bill History:

03-15-06 S Reported as amended Senate Public Health and Welfare
03-15-06 S First consideration
03-20-06 S Set on the Senate Calendar
03-20-06 S Rereferred to Senate Appropriations
04-25-06 S Discussed in press conference on 4/25/06 by PA Assoc. of
Rehabilitation Facilities

 

 

HB 2082

Allen

(PN 3152) The Taxpayer Fairness Act states that total state spending in any fiscal year would not exceed the "appropriation limit", which is defined as the total amount approved by the governor plus the total amount of preferred and nonpreferred appropriations made by the General Assembly during the fiscal year immediately prior to the budget year under consideration, adjusted by the lesser of: the average percentage change in personal income in PA or the average percentage change in inflation plus the average percentage change in state population. The appropriations limit may be exceeded for the following: (1) to respond to a presidentially declared emergency if approved by a majority of members of each chamber of the General Assembly, (2) to respond to a gubernatorially declared emergency if approved by three-fifths of members of each chamber of the General Assembly or (3) in other situations if approved by three-fifths of members of each chamber of the General Assembly. The bill also states that for any fiscal year in which the governor certifies that a surplus exists in the General Fund, 35% of that surplus would be deposited into the Budget Stabilization Reserve Fund and 65% of the surplus would be into the Taxpayer Fairness Fund. Additionally, for any fiscal year in which the balance in the Budget Stabilization Reserve Fund equals or exceeds 7.5% of the total of all General Fund appropriations in the preceding fiscal year, 100% of the surplus would be deposited into the Taxpayer Fairness Fund. The bill states that money in the Taxpayer Fairness Fund would be distributed to taxpayers who have liability for the State Personal Income Tax, through a temporary reduction in the rate of the tax. Lastly, Section 1702-A of the Fiscal Code would be repealed. (Prior Printer Number: 2872, 2886, 3037, 3117)

 

General Remarks:

Taxpayer Bill of Rights (TABOR) places caps on state spending that are tied to the rate of inflation. Very controversial; advocacy coalitions have held rallys opposing the bill.

 

Bill History:

11-21-05 S Laid out for discussion
11-21-05 S Third consideration
11-21-05 S Final Passage (Vote: Y: 31/N: 18)
11-22-05 H Received as amended in House and rereferred House Rules
11-14-05 H Discussed in HDPC public hearing on spending caps, House Democratic Policy Committee

 

 

HB 2436

Denlinger

(PN 3505) Amends The Administrative Code providing for at least a 2% reduction in State spending for the 2006-2007 budget and for a reduction in the rate of the personal income tax levied on Pennsylvania's Corporations by a rate sufficient to reduce collections of the personal income tax levied on Pennsylvania S Corporations by at least $317,000,000.

 

Bill History:

02-03-06 H Filed
02-07-06 H Introduced and referred to committee on House Finance

 

 

HB 2499

Feese

(PN 3850) This is the General Appropriation Act of 2006 providing for expenses of the Executive, Legislative and Judicial Departments, the public debt, for the public schools for the fiscal year July 1, 2006, to June 30, 2007. (Prior Printer Number: 3673)

 

General Remarks:

State Budget for fiscal year 2006-2007.

 

Bill History:

04-04-06 H Laid out for discussion
04-04-06 H 169 Floor amendment(s) adopted
04-04-06 H Third consideration
04-04-06 H Final Passage (Vote: Y:184/N: 14)
04-17-06 S Received in the Senate and referred to Senate Appropriations

 

 

HB 2654

Frankel

(PN 4024) Amends the Mental Health or Mental Retardation Facility Closure Act providing for proceeds derived from facility disposition and establishing the Mental Health Community Services Trust Fund. The bill states that if a State-owned facility is downsized, consolidated or closed, all associated State property that is no longer being used for facility purposes and that is not transferred to another governmental entity would be sold or leased. The proceeds of the sale or lease would be deposited into the Mental Health Community Services Trust Fund, which would be invested by the State Treasurer. All earnings received from the investment or deposit of the moneys in the fund would be paid into the fund to be used to meet the needs of individuals leaving facilities to enter community services.

 

Bill History:

04-28-06 H Filed
05-02-06 H Introduced and referred to committee on House Health and Human Services

 

 

HR 119

Bebko-Jones

(PN 724) Resolution recognizing youth mental illness and suicide as a State public health crisis and encouraging evidence-based initiatives to screen children and adolescents for mental disorders in order to identify illness and prevent suicide among youth.

 

Bill History:

02-24-05 H Filed
03-01-05 H Introduced and referred to committee on House Health and Human Services

 

 

HR 235

Washington (Res. 6/14/05)

(PN 1552) Resolution memorializing Congress to consider an extension of Medicaid's Federal matching assistance and avoid the proposed $60 billion funding cuts to the Medicaid program.

 

Bill History:

04-08-05 H Filed
04-11-05 H Introduced and referred to committee on House Health and Human Services

 

 

HR 398

Walko

(PN 2468) Resolution calling upon the President and Congress of the United States to reconsider cuts to the Medicaid program.

 

Bill History:

07-01-05 H Filed
07-02-05 H Introduced and referred to committee on House Health and Human Services

 

 

HR 466

Bebko-Jones

(PN 2791) Resolution designating October 6, 2005, as "Bipolar Disorder Awareness Day" in Pennsylvania.

 

Bill History:

10-12-05 H Filed
10-17-05 H To Calendar under Rule 35-Uncontested Cal.
10-17-05 H Set on the House Calendar
10-17-05 H Adopted (Vote: Y:195/N: 0)

 

 

HR 490

Kenney

(PN 2958) Resolution urging the Governor to direct the Department of Public Welfare to rescind the plan to implement cost sharing for continued medical assistance services.