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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 25th, 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.
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Bill
History: |
01-19-07 H Filed 01-30-07
H Introduced and referred to committee on House Health and Human
Services |
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HB 80 |
Leach |
Amends Title 42 re mental
health court |
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| 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. |
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Companions: |
HB 1233 (Refiled from
05R Session) HB 1307 (Refiled from
05R Session) SB 374 (Refiled from
05R Session) SB 587 (Identical) |
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Bill
History: |
01-25-07 H Filed 01-30-07
H Introduced and referred to committee on House
Judiciary |
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| 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.
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Companions: |
HB 55 (Refiled from 05R
Session) |
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Bill
History: |
01-25-07 H Filed 01-30-07
H Introduced and referred to committee on House Health and Human
Services |
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| 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. |
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Companions: |
HB 64 (Refiled from 05R
Session) |
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Bill
History: |
01-25-07 H Filed 01-30-07
H Introduced and referred to committee on House Children and
Youth |
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HB 165 |
Boyd |
Act
re health insurance policy mandated bens |
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| 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. |
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Companions: |
HB 738 (Refiled from
05R Session) |
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Specific
Remarks: |
Monitor with regard to mental
health services and access to prescription drugs.
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General
Remarks: |
Prescription drugs or
legislation limiting scope of PDLs can be
interpreted as a mandated benefit. Need to monitor resolution.
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Bill
History: |
01-31-07 H Filed 02-01-07
H Introduced and referred to committee on House
Insurance |
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| 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) |
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Specific
Remarks: |
MH/MR Staff Worker Loan
Forgiveness Program |
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Bill
History: |
04-17-07 H Set on the House
Calendar 04-17-07 H Laid out for discussion 04-17-07 H Third
consideration 04-17-07 H Final Passage (Vote: Y:191/N: 4) 04-23-07 S
Received in the Senate and referred to Senate
Education |
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HB 300 |
Mundy |
Amends Insurance Co. Law re
Medical Necessity |
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| 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.
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Bill
History: |
02-06-07 H Filed 02-09-07
H Introduced and referred to committee on House
Insurance |
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| PLS
Summary: |
(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: |
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: |
(PN
680) Amends The Administrative Code establishing the Department of Drug
and Alcohol Programs, which would include a Bureau of Prevention and
Intervention, Bureau of Treatment and Bureau of Administration. The
Department would develop and adopt a State plan for the control,
prevention, intervention, treatment, rehabilitation, research, education,
and training aspects of drug and alcohol abuse and dependence problems.
The Pennsylvania Advisory Council on Drug and Alcohol Abuse would be the
advisory council to the Department of Drug and Alcohol Programs. The
Pennsylvania Drug and Alcohol Abuse Control Act would be repealed.
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Bill
History: |
06-20-07 H Over in
House 06-20-07 H Rereferred to House
Appropriations 06-21-07 H Voted favorably from committee on House
Appropriations 06-21-07 H Reported as committed from House
Appropriations 06-25-07 H Set on the House
Calendar |
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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. |
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Bill
History: |
03-07-07 H Filed 03-09-07
H Introduced and referred to committee on House Aging and Older Adult
Services |
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| 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.
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Bill
History: |
05-17-07 H Public hearing
held in committee House Insurance 05-23-07 H Press conference
held 05-30-07 H Meeting set for 9:00 a.m., Bucks Co. Bar Assn, 135 E.
State, House Insurance 05-30-07 H Public hearing held in committee
House Insurance 06-12-07 H Discussed in House Democrats press
conference |
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| 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. |
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Bill
History: |
03-13-07 H Filed 03-19-07
H Introduced and referred to committee on House Health and Human
Services |
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| PLS
Summary: |
(PN
1883) The Residential Lease Protection for Illness Act states that,
regarding residential leases, a landlord must provide access to the
tenant's dwelling by a person designated under a durable power of
attorney, by an attorney-in-fact, or by the tenant or appointed guardian
of the tenant. The designation or appointment would be accompanied by a
certification of the tenant's illness signed by a licensed physician. A
tenant with a certified illness may terminate a residential lease upon 30
days' written notice, provided that the tenant did not know or have reason
to know about the illness at the time the tenant entered into the lease.
(Prior Printer Number: 928) |
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Bill
History: |
06-20-07 H Set on the House
Calendar 06-20-07 H Laid out for discussion 06-20-07 H Third
consideration 06-20-07 H Final Passage (Vote: Y:198/N: 0) 06-21-07 S
Received in the Senate and referred to Senate Local
Government |
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| PLS
Summary: |
(PN
1996) Amends the Insurance Company Law providing for mental health
services by stating that if an enrollee has obtained a referral to receive
outpatient mental health care services from a health care provider or
specialist, the referral would constitute a standing referral for any
subsequent outpatient mental health care services provided by any health
care provider until the mental health care service for which the referral
was approved has reached its conclusion. Also adds an article providing
for retroactive denial of reimbursement of payments to health care
providers by insurers. If an insurer retroactively denies reimbursement to
a health care provider, the insurer may only: (1) retroactively deny
reimbursement for services subject to coordination of benefits with
another insurer, the medical assistance program or the Medicare program
during the 12-month period after the date that the insurer paid the health
care provider; and (2) retroactively deny reimbursement during a 12-month
period after the date that the insurer paid the health care provider.
(Prior Printer Number: 1171, 1756) |
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Bill
History: |
06-21-07 H Set on the House
Calendar 06-21-07 H Laid out for discussion 06-21-07 H Third
consideration 06-21-07 H Final Passage (Vote: Y:203/N: 0) 06-21-07 S
Received in the Senate and referred to Senate Banking and
Insurance |
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| 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) |
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Bill
History: |
04-23-07 H Filed 04-24-07
H Discussed in Press Conference - 4/24/07 04-25-07 H Introduced and
referred to committee on House Judiciary |
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| 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.
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Bill
History: |
04-25-07 H Filed 05-01-07
H Introduced and referred to committee on House
Insurance |
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| 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. |
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Bill
History: |
05-01-07 H Filed 05-04-07
H Introduced and referred to committee on House
Judiciary |
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| PLS
Summary: |
(PN
2019) Amends Professional Nursing Law further providing for scope of
practice for certified registered nurse practitioners by adding that they
would have authority to do all of the following: (1) Order home health and
hospice care; (2) Order durable medical equipment; (3) Issue oral orders
under the same conditions and in the same facilities as physicians are
permitted to do; (4) Perform physical therapy and dietitian referrals; (5)
Order respiratory or occupational therapy; (6) Perform disability
assessments for the program providing TANF; (7) Issue home schooling
certifications; and (8) Perform and sign initial assessment of methadone
treatment evaluations, provided that any order for methadone treatment
shall be made only by a physician. A certified registered nurse
practitioner would be required to maintain a level of professional
liability coverage as required for a nonparticipating health care provider
under the Mcare Act, but would not be eligible
to participate in the Mcare Fund. (Prior Printer
Number: 1548, 1986) |
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Bill
History: |
06-21-07 H Set on the House
Calendar 06-21-07 H Laid out for discussion 06-21-07 H 1 Floor
amendment(s) adopted 06-21-07 H Over in House 06-21-07 H Rereferred to House
Appropriations |
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HB 1286 (3) |
Evans, D |
Act
re expenses of Exec. Leg. & Jud. FY 2008
The
FY 2007-08 state budget |
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| PLS
Summary: |
(PN
1983) The General Appropriation Act of 2007 for fiscal year 2007-08.
(Prior Printer Number: 1543, 1907) |
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Bill
History: |
06-20-07 S Set on the Senate
Calendar 06-20-07 S Laid out for discussion 06-20-07 S Third
consideration 06-20-07 S Final Passage (Vote: Y: 49/N: 1) 06-21-07 H
Received as amended in House and rereferred
House Rules |
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| PLS
Summary: |
(PN
1875) The One Pennsylvania Act establishes One Pennsylvania, a pharmacy
benefits consolidation program to consolidate and unify procedures and
requirements for the administration of all Commonwealth-funded,
Commonwealth-administered and Commonwealth-supported drug programs and for
reimbursement for pharmacy services. The program would administer all
Commonwealth prescription drug plans through an integrated system of plan
administration using uniform standards and requirements for the
reimbursement of pharmacies as provided by the legislation. The bill
provides for duties of the Department of Aging, for reimbursement to
pharmacies and for rebate agreements. |
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Bill
History: |
06-06-07 H Filed 06-08-07
H Introduced and referred to committee on House Aging and Older Adult
Services |
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| PLS
Summary: |
(PN
2035) 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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Companions: |
HB 1683 (Refiled from
05R Session) |
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Bill
History: |
06-18-07 H Filed 06-21-07
H Introduced and referred to committee on House Health and Human
Services |
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