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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.
September 14, 2006
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PLS Summary: |
(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: |
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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HB 49 |
Petrone |
Act
re MH/MR staff & Drug Counselor loan program
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PLS Summary: |
(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: |
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: |
(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: |
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: |
(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: |
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 |
Gannon |
Amends
Insurance Company Law re mental illness |
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PLS Summary: |
(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: |
Provides
for mental health insurance parity |
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Bill History: |
02-11-05
H Filed
02-14-05 H Introduced and referred to committee on House Insurance |
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PLS Summary: |
(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: |
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: |
(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: |
Fiscal
Year 2006-07 State Budget |
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Bill History: |
07-07-05
S Signed in the Senate
07-07-05 G In the hands of the Governor
07-17-05 G Last day for Governor's action
07-07-05 G Approved by the Governor (Act: 9001)
09-25-06 H Set on the House Calendar |
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PLS Summary: |
(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: |
Prevents
DPW from implementing additional access restrictions for pharmaceuticals
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General Remarks: |
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: |
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: |
(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: |
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: |
(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: |
03-30-05
H Filed
03-30-05 H Introduced and referred to committee on House Judiciary |
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PLS Summary: |
(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: |
04-06-05
H Filed
04-11-05 H Introduced and referred to committee on House Judiciary |
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PLS Summary: |
(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: |
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
09-25-06 H Set on the Tabled Calendar for |
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PLS Summary: |
(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: |
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: |
(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: |
04-19-05
H Filed
04-26-05 H Introduced and referred to committee on House Education |
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PLS Summary: |
(PN
4367) The Office for People with Disabilities Act creates the
Office for People with Disabilities within the Office of the
Governor. The legislation outlines the powers and duties of
the office, including to ensure that
all disabled citizens of PA have access to quality services
and programs, establish interagency agreements, and advocate
for consumer control. (Prior Printer Number: 1797) |
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Bill History: |
06-26-06
H Laid out for discussion
06-26-06 H 1 Floor amendment(s) adopted
06-26-06 H Third consideration
06-26-06 H Final Passage (Vote: Y:196/N: 0)
07-01-06 S Received in the Senate and referred to Senate State
Government |
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PLS Summary: |
(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: |
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: |
(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: |
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 |
Veon |
Amends
Public Welfare Code re medical expenses |
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PLS Summary: |
(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: |
Portions
of this bill were amended into H.B. 1168 and signed into law.
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General Remarks: |
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: |
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 |
True |
Act
re Drug & Alcohol Treatment & Prevention
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PLS Summary: |
(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: |
06-19-06
H Set on the House Calendar
06-19-06 H Laid out for discussion
06-19-06 H Third consideration
06-19-06 H Final Passage (Vote: Y:197/N: 0)
06-23-06 S Received in the Senate and referred to Senate Public
Health and Welfare |
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PLS Summary: |
(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: |
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: |
(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: |
06-20-05
H Filed
06-21-05 H Introduced and referred to committee on House Health
and Human Services
09-18-06 H Meeting set for 10:00 a.m., Municipal Bldg., 2400
Byberry Ro, House Health and Human Services |
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PLS Summary: |
(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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