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LEGISLATION OF INTEREST TO
NAMI PA
2006-2007 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 15, 2006
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PLS Summary:
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(PN
4008) Amends Titles 18 (Crimes and Offenses) and 75 (Vehicles) providing for
the Substance Abuse Education and Demand Reduction Fund. The bill states that
45% of grant money deposited into the Substance Abuse Education and Demand
Reduction Fund each fiscal year would be made available to nonprofit
organizations to provide research-based approaches to prevention,
intervention, training, treatment, and education services to reduce substance
abuse or to provide resources to assist families in assessing the services.
Also, up to 20% of grant money may be used to: (1) assist in the start-up of
victim impact panel programs, (2) study the impact outcome and benefits of
victim impact panels, and (3) provide assistance for the ongoing operation of
victim impact panels. The commission would develop guidelines and procedures
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,
3876)
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Bill History:
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05-03-06
H Signed in the House
05-03-06 S Signed in the Senate
05-05-06 G In the hands of the Governor
05-15-06 G Last day for Governor's action
05-11-06 G Approved by the Governor (Act: 36)
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PLS Summary:
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(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)
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Bill History:
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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
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PLS Summary:
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(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)
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Bill History:
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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
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PLS Summary:
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(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.
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Bill History:
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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
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HB 499
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Gannon
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Amends
Insurance Company Law re mental illness
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PLS Summary:
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(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.
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Specific Remarks:
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Provides
for mental health insurance parity
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Bill History:
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02-11-05 H Filed
02-14-05 H
Introduced and referred to committee on House Insurance
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PLS Summary:
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(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.
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Bill History:
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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
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PLS Summary:
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(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)
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General Remarks:
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Fiscal
Year 2006-07 State Budget
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Bill History:
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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)
06-12-06 H Set on the House Calendar
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PLS Summary:
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(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. These procedures
would ensure the appropriate collection of pharmacy rebates and that
standardized auditing procedures would be followed. 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. Any access restrictions would have to be reported to the
Majority and Minority Leaders in the House and Senate. Such restrictions
could be overturned by a concurrent resolution passed within 25 days of
notice. 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. The bill also requires the Office of Administration to issue a
report on the program within two years to the to the Majority and Minority
Chairmen of the House and Senate Appropriations Committees and Public Health
and Welfare Committees evaluating the fiscal impact of implementing the act
and making recommendations for enhancing it. (Prior Printers Numbers: 2108)
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Specific Remarks:
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Prevents
DPW from implementing additional access restrictions for pharmaceuticals
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General Remarks:
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Introduced
to prevent DPW from implementing a PDL until 1/1/07. Bill was not passed and DPW
implemented a PDL.
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Bill History:
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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
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PLS Summary:
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(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)
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Bill History:
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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)
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PLS Summary:
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(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.
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Bill History:
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03-30-05 H Filed
03-30-05 H
Introduced and referred to committee on House Judiciary
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PLS Summary:
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(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.
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Bill History:
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04-06-05 H Filed
04-11-05 H
Introduced and referred to committee on House Judiciary
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PLS Summary:
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(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. The Departments of Aging and Public Welfare would be responsible
for establishing criteria for the certificates. The bill provides for certain
rights and disclosure requirements for patient transfers between non-certified
and certified facilities. The bill would also require, within one year of the
effective date of this section, the Department to issue a report to the
General Assembly on programs within PA and throughout the U.S. that seek to
maximize the effectiveness of charitable pharmaceutical programs and to
provide recommendations for new laws and initiatives to enhance the ability
of Pennsylvanians to take advantage of such programs. Lastly, nothing in this
act would be construed to invalidate or supersede department regulations
insofar as they are not inconsistent with the act. (Prior Printer Number:
1658)
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Bill History:
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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
06-12-06 H Set on
the Tabled Calendar for
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PLS Summary:
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(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. The bill provides for the waiving of sovereign immunity if the
Department closes a facility in violation of the Act. It also establishes
procedures for the Department to seek closure of a facility.
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Bill History:
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04-13-05 H Filed
04-14-05 H
Introduced and referred to committee on House Health and Human Services
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PLS Summary:
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(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.
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Bill History:
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04-19-05 H Filed
04-26-05 H
Introduced and referred to committee on House Education
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PLS Summary:
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(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.
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Bill History:
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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
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PLS Summary:
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(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.
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Bill History:
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05-02-05 H Filed
05-03-05 H
Introduced and referred to committee on House Health and Human Services
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HB 1500
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Veon
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Amends
Public Welfare Code re medical expenses
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PLS Summary:
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(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.
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Specific Remarks:
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Portions
of this bill were amended into H.B. 1168 and signed into law.
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General Remarks:
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Some of
the changes proposed in H.B. 1500 were amended into H.B. 1168 and signed into
law.
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Bill History:
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04-29-05 H Filed
05-02-05 H
Introduced and referred to committee on House Health and Human Services
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HB 1649
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True
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Act re
Drug & Alcohol Treatment & Prevention
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PLS Summary:
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(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.
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Bill History:
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06-06-06
H Discussed in press conference
06-07-06 H Set on the Tabled Calendar for
06-07-06 H Removed from the table
06-07-06 H Second consideration
06-07-06 H Rereferred to House Appropriations
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PLS Summary:
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(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.
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Bill History:
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06-07-05 H Filed
06-08-05 H
Introduced and referred to committee on House Health and Human Services
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PLS Summary:
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(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.
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Bill History:
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06-20-05 H Filed
06-21-05 H
Introduced and referred to committee on House Health and Human Services
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PLS Summary:
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(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)
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Bill History:
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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
06-06-06 S
Discussed in press conference
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PLS Summary:
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(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)
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General Remarks:
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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.
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Bill History:
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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
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PLS Summary:
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(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.
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Bill History:
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02-03-06 H Filed
02-07-06 H
Introduced and referred to committee on House Finance
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PLS Summary:
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(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)
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General Remarks:
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State
Budget for fiscal year 2006-2007.
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Bill History:
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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
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PLS Summary:
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(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 t | |
