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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.
June 11th, 2007
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| PLS
Summary: |
(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. |
| 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 |
Amends Title 42 re mental health
court |
| |
| PLS
Summary: |
(PN
104) Amends Title 42 (Judiciary) providing for a judicial district
to apply for a grant to establish a mental health court division.
The mental health court division will provide a single point
of contact where a defendant with a mental illness may receive
court-ordered treatment and support services in connection with
a diversion from prosecution, a sentencing alternative or a
term of probation or parole. The Administrative Office, consulting
with the Department of Public Welfare Office of Mental Health
and Substance Abuse Services, the Department of Corrections,
and the PA Board of Probation and Parole, will establish standards,
funding schedules, and procedures for awarding grants to establish
the mental health court division. The bill provides guidelines
for establishing these grants. |
| Companions: |
HB 1233 (Refiled from 05R Session)
HB 1307 (Refiled from 05R Session)
SB 374 (Refiled from 05R Session)
SB 587 (Identical) |
| Bill History: |
01-25-07 H Filed
01-30-07 H Introduced and referred to committee on House Judiciary |
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| PLS
Summary: |
(PN
116) Amends the Public Welfare Code further defining "assistance
group" by adding that if eligible for temporary assistance to
needy families, at the option of the applicant or recipient,
the assistance group must exclude any child who receives support
payments or any Social Security benefits, including retirement,
survivor or disability benefits, provided that such support
or benefits are legally limited to the use of the child receiving
them. The legislation also states that an applicant or recipient
for temporary assistance to needy families may, at the option
of that applicant or recipient, exclude from the assistance
group any child who receives support payments or any Social
Security benefits, including retirement, survivor or disability
benefits, provided that such support or benefits are legally
limited to the use of the child receiving them. Additionally,
in making a determination of need the department would exclude
all moneys received by any child which is excluded from the
assistance group. Any moneys received under this exclusion would
not be assigned under any circumstances to the department or
the Commonwealth. |
| Companions: |
HB 55 (Refiled from 05R Session) |
| 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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| PLS
Summary: |
(PN
120) Amends Title 20 (Decedents, Estates and Fiduciaries) providing
for medical consent for a minor by an adult caregiver by adding
that a parent, legal guardian or legal custodian may authorize
an adult person in whose care a minor has been entrusted to
consent to any medical, surgical, dental, developmental or mental
health examination, diagnosis or treatment, including immunization,
to be rendered to the minor under the supervision or upon the
advice of a physician, nurse, dentist or mental health professional
licensed to practice in PA; and to obtain any and all records
with regard to such services; provided there is no prior order
of any court in any jurisdiction currently in effect which would
prohibit the parent, legal custodian or legal guardian from
exercising the power that the parent, legal custodian or legal
guardian seeks to convey to another person. The legislation
provides an authorization form to be signed by the parent/legal
guardian. |
| Companions: |
HB 64 (Refiled from 05R Session) |
| 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 |
Act
re health insurance policy mandated bens |
| |
| PLS
Summary: |
(PN
191) The Mandated Benefit Moratorium Act would establish a moratorium
during which the General Assembly would not enact any new or
expanded health insurance policy mandated benefit. The Legislative
Budget and Finance Committee would study the issue of health
insurance policy mandated benefits and the cost to employers
and individuals of health insurance policy mandates. In conducting
the study, the Legislative Budget and Finance Committee would
consider cost-benefit analyses to determine the cost-effectiveness
of mandated benefits. The Committee would submit a final report
with recommendations to the General Assembly no later than December
31, 2008. |
| Companions: |
HB 738 (Refiled from 05R Session) |
| Specific Remarks: |
Monitor with regard to mental
health services and access to prescription drugs. |
| General Remarks: |
Prescription drugs or legislation
limiting scope of PDLs can be interpreted as a mandated benefit.
Need to monitor resolution. |
| Bill History: |
01-31-07 H Filed
02-01-07 H Introduced and referred to committee on House Insurance |
| |
| PLS
Summary: |
(PN
985) The Mental Health and Mental Retardation Staff Member and
Alcohol and Drug Addiction Counselor Loan Forgiveness Programs
Act would provide loan forgiveness to PA residents who graduate
from institutions of higher education and who apply their degrees
to careers in mental health or alcohol and drug addiction counseling
in PA. The bill states that loans may be forgiven over four
years of full-time staff work. No more than $5,000 would be
forgiven in any year, and no more than $20,000 would be forgiven
for any applicant. The applicant would enter into a contract
with the Commonwealth that states the recipient would agree
to be employed by a county mental health or mental retardation
service agency located within PA or by a private provider of
mental health or mental retardation services for a period of
no less than four years in the field. (Prior Printer Number:
314) |
| Specific Remarks: |
MH/MR Staff Worker Loan Forgiveness
Program |
| Bill History: |
02-05-07 H Filed
02-06-07 H Introduced and referred to committee on House Health
and Human Services
02-27-07 H Meeting set for 1:00 p.m., Room 205, Ryan Office
Building, House Health and Human Services
02-27-07 H Voted favorably from committee on House Health and
Human Services
03-06-07 H Reported as committed from House Health and Human
Services
03-06-07 H First consideration
03-06-07 H Laid on the table
03-13-07 H Removed from the table
03-13-07 H Rereferred to House Appropriations
03-19-07 H Voted favorably from committee on House Appropriations
03-19-07 H Reported as committed from House Appropriations
03-19-07 H Set on the House Calendar
03-19-07 H Laid out for discussion
03-19-07 H 1 Floor amendment(s) adopted
03-19-07 H Second consideration
03-19-07 H Second Consideration Agreed To: 196-1
03-19-07 H Over in House
04-10-07 H Discussed at press conference
04-17-07 H Set on the House Calendar
04-17-07 H Laid out for discussion
04-17-07 H Third consideration
04-17-07 H Final Passage (Vote: Y:191/N: 4)
04-23-07 S Received in the Senate and referred to Senate Education |
| |
HB 300 |
Mundy |
Amends Insurance Co. Law re
Medical Necessity |
| |
| PLS Summary: |
(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. |
| Bill History: |
02-06-07 H Filed
02-09-07 H Introduced and referred to committee on House Insurance |
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HB 695 |
Walko |
Act
re private care residence registration |
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| PLS
Summary: |
(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. |
| 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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| PLS
Summary: |
(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. |
| Bill History: |
03-19-07 H Filed
03-22-07 H Introduced and referred to committee on House Insurance
03-26-07 H Meeting set for 11:00 a.m., Room 140 Main Capitol,
House Insurance
03-26-07 H Public hearing held in committee House Insurance
03-27-07 H Meeting set for 10:00 a.m., Room 140 Main Capitol,
House Insurance
03-27-07 H Discussed in public hearing, Senate Consumer Protection
& Prof. Licensure
03-27-07 H Public hearing held in committee House Insurance
04-02-07 H Meeting set for 1:00 p.m., Secane Fire Company, Secane
and A, House Insurance
04-02-07 H Public hearing held in committee House Insurance
04-03-07 H Meeting set for 10:00 a.m., Secane Fire Company,
Secane and, House Insurance
04-03-07 H Public hearing held in committee House Insurance
04-11-07 H Meeting set for 1:00 p.m., PPL East Mountain Business
Center, House Insurance
04-11-07 H Public hearing held in committee House Insurance
04-12-07 H Meeting set for 9:30 a.m., PPL East Mountain Business
Center, House Insurance
04-12-07 H Public hearing held in committee House Insurance
05-02-07 H Meeting set for 1:00 p.m., Chatham College, Mellon
Bldg., Wo, House Insurance
05-02-07 H Public hearing held in committee House Insurance
05-03-07 H Meeting set for 10:00 a.m., Chatham College, Mellon
Bldg., W, House Insurance
05-03-07 H Public hearing held in committee House Insurance
05-07-07 H Press Conference held on 5/7/07 by Governor Rendell
for
National Nurses Week
05-17-07 H Meeting set for 9:00 a.m., The Beaver Medical Center,
1st Fl, House Insurance
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 |
| |
| PLS
Summary: |
(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. |
| Bill History: |
03-13-07 H Filed
03-19-07 H Introduced and referred to committee on House Health
and Human Services |
| |
| PLS
Summary: |
(PN
928) The Residential Lease Protection for Illness Act states
that if a tenant has a certified illness, the landlord would
provide for access to the tenant's dwelling by a person designated
in writing by the tenant or the tenant's physician. Also, a
tenant with a certified illness may terminate the tenant's lease
upon one month's written notice if the tenant did not have knowledge
or reason to know about the illness at the time the tenant entered
into the lease. The written notice must contain the physician's
certification. |
| Bill History: |
03-14-07 H Filed
03-19-07 H Introduced and referred to committee on House Commerce
05-08-07 H Meeting set for 9:00 a.m., Room 302, Irvis Office
Building, House Commerce
05-08-07 H Voted favorably from committee on House Commerce
05-21-07 H Reported as committed from House Commerce
05-21-07 H First consideration
05-21-07 H Laid on the table
05-24-07 H Removed from the table
06-11-07 H Set on the House Calendar |
| |
| PLS
Summary: |
(PN
1171) Amends the Insurance Company Law providing for mental
health services by stating that if an enrollee has obtained
a referral or other authorization through utilization review
from a managed care plan or a licensed insurer to receive outpatient
mental health care services from a health care provider or specialist,
the referral or other authorization would constitute a standing
referral for any subsequent outpatient mental health care services
provided by any health care provider or specialist until the
mental health care service for which the referral or authorization
was approved has reached its conclusion. |
| Bill History: |
04-03-07 H Filed
04-03-07 H Introduced and referred to committee on House Insurance
05-22-07 H Meeting set for 9:30 a.m., Room 302, Irvis Office
Building, House Insurance
05-22-07 H Voted favorably from committee on House Insurance
05-22-07 H Reported as committed from House Insurance
05-22-07 H First consideration
05-22-07 H Laid on the table
05-24-07 H Removed from the table
06-04-07 H Set on the House Calendar
06-04-07 H Laid out for discussion
06-04-07 H Over in House
06-04-07 H Laid out for discussion
06-04-07 H 1 Floor amendment(s) adopted
06-04-07 H Second consideration
06-04-07 H Over in House
06-04-07 H Rereferred to House Appropriations |
| |
| PLS
Summary: |
(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)
|
| 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 |
| |
| PLS
Summary: |
(PN
1457) The Mental Health Services Reimbursement Act requires
health insurance policies issued by insurance companies to reimburse
for mental health services provided by licensed clinical social
workers. |
| Bill History: |
04-25-07 H Filed
05-01-07 H Introduced and referred to committee on House Insurance |
| |
| PLS
Summary: |
(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. |
| Bill History: |
05-01-07 H Filed
05-04-07 H Introduced and referred to committee on House Judiciary |
| |
| PLS
Summary: |
(PN
1543) The General Appropriation Act of 2007 for fiscal year
2007-08. |
| Bill History: |
05-08-07 H Filed
05-08-07 H Introduced and referred to committee on House Appropriations
05-09-07 H Meeting set for 11:00 a.m., Room 140 Main Capitol,
House Appropriations
05-09-07 H Meeting cancelled for 05/09/07, House Appropriations
05-21-07 H Meeting set for Off the Floor, Room 140 Main Capitol
(Tentat, House Appropriations
05-21-07 H Voted favorably from committee on House Appropriations
05-21-07 H Reported as committed from House Appropriations
05-21-07 H First consideration
05-21-07 H Laid on the table
05-21-07 H Removed from the table
05-22-07 H Set on the House Calendar
05-22-07 H Laid out for discussion
05-22-07 H Second consideration
05-22-07 H Over in House
05-23-07 H Set on the House Calendar
05-23-07 H Laid out for discussion
05-23-07 H Third consideration
05-23-07 H Final Passage (Vote: Y:102/N: 97)
05-29-07 S Received in the Senate and referred to Senate Appropriations |
| |
| PLS
Summary: |
(PN
727) Resolution urging the Congress of the United States to
provide timely and meaningful reauthorization of the State Children's
Health Insurance Program in 2007. |
| Bill History: |
03-07-07 H Filed
03-09-07 H Introduced and referred to committee on House Health
and Human Services
03-14-07 H Meeting set for 3:00 p.m., Room G-50, Irvis Office
Building, House Health and Human Services
03-14-07 H Voted favorably from committee on House Health and
Human Services
03-19-07 H Reported as committed from House Health and Human
Services
03-21-07 H Set on the House Calendar
03-21-07 H Adopted (Vote: Y:198/N: 0) |
| |
| PLS
Summary: |
(PN
127) Amends the Tax Reform Code further providing, notwithstanding
any other provision of law, if any tax rate for the manufacture
and sale of malt or brewed beverages is increased to a level
higher than the rate in existence on December 31, 2002, the
amount of the difference between the tax collected at the higher
rate and the tax that would have been collected at the rate
in existence on December 31, 2002, is appropriated on a continuing
basis to the Department of Public Welfare for use in behavioral
health care programs including, but not limited to, programs
which provide drug and alcohol rehabilitation services. |
| Bill History: |
02-15-07 S Filed
02-15-07 S Introduced and referred to committee on Senate Finance |
| |
| PLS
Summary: |
(PN
155) Amends the Mental Health Procedures Act by stating that
when an incompetency examination is ordered by the court the
person would be entitled to have counsel present with him and
would not be required to answer any questions that may tend
to incriminate the person. |
| Bill History: |
03-05-07 S Filed
03-05-07 S Introduced and referred to committee on Senate Judiciary |
|