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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.
May 9th, 2008
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PLS Summary:
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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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Amends
Title 42 re mental health court
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PLS Summary:
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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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Amends Public
Welfare Code re reporting req.
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PLS Summary:
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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 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
03-05-08 S Discussed in budget hearing with DPW, House Appropriations
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PLS Summary:
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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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PLS Summary:
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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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Act re
health insurance policy mandated bens
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PLS Summary:
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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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PLS Summary:
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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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Amends
Insurance Co. Law re Medical Necessity
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PLS Summary:
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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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PLS Summary:
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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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PLS Summary:
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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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PLS Summary:
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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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Act re
private care residence registration
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PLS Summary:
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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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PLS Summary:
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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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05-23-07
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
03-04-08 H Discussed in budget hearing with Office of Health Care, House
Appropriations
Reform
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PLS Summary:
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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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PLS Summary:
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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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PLS Summary:
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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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PLS Summary:
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(PN
2326) Amends the Insurance Company Law providing, in health and accident insurance,
for autism spectrum disorders coverage and for treatment of autism spectrum
disorders by requiring health insurance policies and government programs to
provide coverage until the age of 21 for the diagnosis and treatment of
autism spectrum disorders. To the extent that the diagnosis and treatment of
autism spectrum disorders are not already covered by the health insurance
policy or government program, coverage would be included in health insurance
policies and contracts under a government program which are delivered,
executed, issued, amended, adjusted or renewed on or after 180 days from the
effective date of this section. The bill states that except for inpatient
services, if an enrollee has obtained authorization through utilization
review from a managed care plan, government program or a licensed insurer to
receive any care, treatment, intervention, service or item for an autism
spectrum disorder, the authorization would be valid for 12 months, unless the
enrollee's primary care provider determines that an earlier re-evaluation is
necessary in order to adequately address the clinical needs of the enrollee.
Except under the PA Medical Assistance program and under CHIP, coverage would
be subject to a maximum benefit of $36,000 per year, subject to inflation.
(Prior Printer Number: 1448, 2237)
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Bill History:
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02-05-08
S Discussed in DPW Budget Briefing
03-06-08 S Discussed in budget hearing with the Dept. of Public Welfare,
Senate Appropriations
04-01-08 S Hearing set for 10:00 a.m., Hearing Room 1, North Office Bui,
Senate Banking and Insurance
04-01-08 S Public hearing held in committee Senate Banking and Insurance
05-06-08 S Discussed in Meeting, House Health and Human Services
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PLS Summary:
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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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PLS Summary:
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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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05-07-08
H Set on the House Calendar
05-07-08 H Laid out for discussion
05-07-08 H Second consideration
05-07-08 H Over in House
05-12-08 H Set on the House Calendar
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PLS Summary:
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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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