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LEGISLATION OF INTEREST TO NAMI PA

October-November 2004

  • Legislation marked in bold indicates bills that are under active consideration either by a
    committee or the full House or Senate. These bills should receive your immediate attention.
    If you have concerns or views on the bills, please communicate them to NAMI PA.
    Legislation marked in red reflects new bills and activity since the last report.
  • Bill Information: To access a copy of any of the bills mentioned below, go to:
    www.legis.state.pa.us
    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.
  • 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.

November 8, 2004

Bill No.

Sponsor

Description

Date

Action

HB 27

PN 33

Adolph (R- Delaware)

Prohibits a sexually violent predator from
living within 1 ˝ miles of a school for
children in grades kindergarten through
elementary

01/29/03

House Judiciary

HB 44

PN 3148

Oliver (D- Phila.)

Restores cash benefit and food stamps
to individuals who became ineligible
due to a felony drug offense, provided
they are in a rehabilitation program.

01/29/03

03/05/03

03/11/03

03/13/03

03/25/03

12/19/03

12/23/03

House Health & Human Services

Reported

Passed by House (162-37)

Sen. Health & Welfare

Reported

Passed by Senate (49-0)

Signed into law as Act 44 of  2003

HB 285

PN 323

Lynch (R- Forest)

Creates the “Inmate Diversion Act,” which
requires county prisons to establish a forensic
intake classification system to identify inmates
who require extensive social service or
medical intervention in order to reduce
recidivism; appropriates $2.5 million for
state’s 50% share (maximum of $25,000
annually/prison)

02/15/03

House Judiciary

HB 380

PN 444

Youngblood (D-Phila.)

Providing for medical consent for a minor by
an adult caregiver

02/24/03

House Judiciary

HB 449

PN 527

McNaughton (R-Dauphin)

Allowing an parent or legal guardian to allow
another adult to give medical consent on
behalf of a minor

02/25/03

House Judiciary

HB 471

PN 1794

Fairchild (R-Snyder)

The Mental Health Facility Closure Act,
regulating the closure of mental health
facilities

02/25/03

04/07/03

04/28/03

05/12/03

05/12/03

05/21/03

House State Gov’t

Reported w/amendments

Refer to Appropriations

Reported

Passed w/amendments by vote of 187-10

Senate Public Health & Welfare

HB 473

PN 551

Bishop (D-Phila.)

Dealing with the involuntary committee of
drug dependent persons

02/25/03

House Judiciary

HB 539

PN 633

Gannon (R-Delaware)

Provides for a Single Pharmacy Benefits
Manager (PBM) to administer prescription
drugs provided through Medicaid; includes
prior authorization of drugs not on the formulary

02/26/03

House Health & Human Services

HB 648

PN 898

Argall (R-Berks)

Fiscal Year 2003/2004 State Budget

03/06/03

03/12/03

03/20/03

Passed House

Passed Senate

Signed by the Governor

HB826

PN4019

Maitland (R-Adams)

Age of consent for minors.  Grants parents
of children ages 14-17, the same authority
that they currently have for children age 13
and under.   Calling for a Jt. State
Government Commission study of the
mental health system for children and youth.

03/11/03

04/13/04

04/14/04

05/24/04

06/08/04

06/22/04

Judiciary

Amended and Reported

Appropriations

Reported w/amendments

Passed by House (199-0)

Sen. Public Health & Welfare

HB 865

PN 2587

Kenney (R-Phila.)

Requires health insurance providers to
cover an individual’s treatment for drug and
alcohol addiction if that treatment is
prescribed by a work site-based employee
assistance professional within the existing
benefits coverage.

03/13/03

06/17/03

09/15/03

09/24/03

Health & Human Services

Reported

Passed by House (187-6)

Senate Banking & Insur.

HB 868

PN 1575

Turzai

Providing for coverage of alcohol and drug
abuse and dependency treatment resulting
from court action.

03/13/03

04/30/03

05/05/03

05/12/03

House Health & Human Services

Reported w/amendment

Re-committed to Health and Human Services

Scheduled for Consideration

HB 869

PN 1899

Kenney (R-Phila.)

Requires the Department of Health’s Bureau of
Drug and Alcohol Programs to establish a
grievance procedure to handle complaints and
grievances regarding access and denial of drug
and alcohol treatment services by health
maintenance entities. The new grievance
procedure shall be a one-step, external procedure
that settles disputes within 30 days. The procedure
may be initiated by treatment programs,
consumers, facilities or a designee.

06/03/03

06/17/03

06/24/03

09/09/03

09/29/03

House Health & Human Services

Reported from Comm.

House Rules

Reported from Rules and tabled

House Appropriations

HB 888

PN 2871

Vance (R-Cumber.)

The Pharmaceutical Reform Act; includes
increased copays for PACE and PACENET
recipients; references to a formulary and
prior authorization procedures

05/15/03 NAMI testified at hearing in
opposition to preferred drug list and access
restrictions

*Bill amended to delete PDL and therapeutic
interchange which were harmful to persons
with mental illness.  Also, due to efforts of
NAMI and other mental health advocates, a
mental health exemption was included in
House passed bill.

09/09/03 – NAMI PA testified at Senate hearing

**NAMI supports HB 888, PN 2871

03/13/03

05/14/03

05/15/03

06/02/0306/17/03

06/24/03

08/27/03

09/29/03

10/15/03

10/20/03

10/28/03

10/28/03

11/24/03

11/25/03

11/26/03

House Health & Human Services

2-day Public Hearing NAMI testified

Reported from Comm.

Passed by House (200-0)

Senate Aging and Youth

Public Hearing

Public Hearing – NAMI PA testified

Reported from Aging & Youth Committee

Referred to Appropria. 

Reported

Passed by full Senate

House amended

Senate concurred

Signed by the Governor as Act 37

HB 904

PN 1068

Sather (R-Blair)

Creates the “People Improving Lots of Lives for
Pa.’s Health Grant Program;” purpose is to
provide grants (through DPW) to entities that
develop programs that reduce stigma against
individuals with mental illnesses; appropriates
$8.575 million

03/18/03

House Health & Human Services

HB 996

PN 1169

Washington (D-Phila.)

Requires school boards to adopt and implement
policies dealing with the use of psychotropic
drugs; prohibits school employees from
recommending use of psychotropic drugs; allows
medical personnel to recommend an evaluation
or consult with medical provider with consent
of parent

03/26/03

House Education

HB1016

PN 1191

Barrar (R-Delaware)

Prohibiting school employees or personnel from
recommending use of psychotropic or
sympathominetic drugs; allows medical personnel
to recommend an evaluation or consult with
medical provider with consent of parent

04/02/03

House Education

HB1024

PN1991

Gannon (R-Dela.)

Amends Insurance Company Law with regard
to coverage for services to treat mental illness;
an insurer may not count toward the number of
outpatient visits required to be covered under
this subsection  an outpatient visit for the
purpose of medication management and
shall cover that outpatient visit under the
same terms and conditions as it covers
outpatient visits for treatment of physical
illness

04/02/03

House Insurance

HB1225

PN 1472

Vance (R-Cumber.)

Creates a Pharmacy Best Practices and Cost
Control Advisory Committee within DPW; requires
the secretary to establish a Pharmacy Best Practices
and Cost Control Program for medical assistance
recipients; the program shall include a preferred
drug list, prior authorization, supplemental rebate
program or any other strategy designed to negotiate
lower prices from manufacturers, education programs,
including counter detailing, requires secretary to
evaluate the benefits of multi-state purchasing (not
required to join)

*Need to monitor to ensure that preferred drug lists
do not limit access to mental health drugs through
fail-first or other methods that limit access.

04/24/03

House Health & Human Services

HB1434

PN3867

 

 

 

 

Gannon (R-Dela.)

Creates a Drug Treatment for Offenders
Program

05/12/03

05/12/04

05/17/04

06/07/04

06/07/04

06/11/04

House Judiciary

Reported w/amendments

Referred to Appropria.

Reported

Passed by House (192-0)

Senate Judiciary

HB1530

PN4496

Petrone (D-Allegheny)

Creates a MH/MR Staff Member and Drug and
Alcohol Addiction Counselor Loan Forgiveness
Program

06/04/03

12/09/03

06/16/04

06/21/04

06/30/04

07/04/04

10/06/04

House Education

Reported

On & Off Table

Referred to Appropria.

Reported

Passed House (203-0)

Senate Education

Reported w/amendments

HB1589

PN3161

Cohen (D-Phila.)

Restores 90% of the cuts to the Behavioral
Health Services Initiative (BHSI) and 100%
of drug and alcohol; restores 90% funding
for the Human Services Development
Fund (HSDF)

06/11/03

10/20/03

10/21/03

10/28/03

10/29/03

12/09/03

12/20/03

12/22/03

12/23/03

House Appropriations

Passed by House (143-59)

Senate Appropriations

Reported

Rereferred to Appropria.

Reported w/amend.

Passed by Senate (42-7)

House concurred to Senate Amendments

Signed into law by Gov. as Act 9A of 2003

HB1649

PN2084

Lynch (R-Warren)

Increases state funding to counties for drug and
alcohol programs.

06/17/03

House Appropriations

HB1779

PN2310

Crahalla (R-Mont.)

Increases state funding for drug and alcohol
programs.

07/01/03

House Appropriations

HB1819

PN2513

Stetler (D-York)

Establishes the Barrio Nuevo Latino Behavioral
Health Partnership to be administered by the
Department of Health through the PA Assn. of
Latino Organizations

08/15/03

House Intergovernmental Affairs

HB1887

PN2464

DeLuca (D-Allegheny)

The Prescription Drug Fair Pricing Program creates
a formulary for all taxpayer funded prescription drug
benefits, e.g. Medicaid

07/18/03

House Health & Human Services

HB2036

PN4383

Kenney (R-Phila.)

Provides for Psychiatric Advance Directives;
supported by the PA Mental Health Assn.
and PA Mental Health Consumers Assn.

10/08/03

06/23/04

07/01/04

07/04/04

09/27/04

House Health & Human Services

Reported

Passed House (202-0)

Sen. Public Health & Welfare

Reported w/amendments

Senate Calendar

HB2270

PN3121

Vance (R-Cumber.)

Creates the Family Support for Persons with
Disabilities Act

12/17/03

06/29/04

09/27/04

10/06/04

10/19/04

10/20/04

11/05/04

House Health & Human Services

Reported & Referred to Rules

Reported

Referred to Approp.

Reported On Calendar

Passed House (196-0)

Senate Public Health & Welfare

HB2487

PN3573

Maitland (R-Adams)

House Bill 2487 amends the Mental Health
Procedure Act to allow for consideration of
potential future harm to a person with
symptomatic mental illness. It also expands
the definition of how and under what
circumstances a person might pose a threat
of clear and present danger to themselves or
others.  Clarifies that a person’s past related
behavior may be considered when making the
determination as to whether a person’s recent
behavior constitutes a clear and present danger
to others or to himself.

03/26/04

Judiciary

HB2493

PN2612

Allen (R-Pottsville)

Amends the PACE law to extend benefits to
disabled individuals.  (dual eligibles)

03/31/03

Commerce

HB2500

PN4225

Baker (R-Bradford)

Creates a Chronic Disease Mgt. Program for
Medicaid fee-for-service recipients. 
 

04/14/04

09/27/04

09/28/04

10/18/04

Health & Human Services

Reported

Referred to Approp.

Reported and Passed by House (188-0)

HB2579

PN4326

Argall (R-Berks)

2004-05 State Budget
 
 

04/14/04

05/11/04

05/18/04

05/26/04

06/08/04

07/04/04

Introduced and Reported from Appropriations

Passed by House

Passed w/amendments by

   Senate

House non-concurred

Sen. Insists on Sen. amendments

Conference Committee

Passed & Signed by the Gov. as Act 7A

HB2708

PN4067

Washington (D-Phila.)

Provides for a Mental Health Court division.

06/15/04

Judiciary

HB2767

PN4182

Leach (D-Montco)

Provides for a Mental Health Court division.

06/28/04

Judiciary

HR 200

PN 1376

BebkoJones (R-Erie)

A resolution recognizing youth mental illness and
suicide as a State public health crisis and
encouraging evidence-based initiatives to screen
children and adolescents for mental disorders in
order to identify illness and prevent suicide among
youth.

04/15/03

House Rules

HR 338

PN2234

Gannon (R-Dela.)

   A Concurrent Resolution directing the
Legislative Budget and Finance Committee to
provide a comprehensive report on data
collected and evaluated by national experts of
two county-based mental health diversion
programs and one program that works with
offenders with mental illnesses released from
State prisons in this Commonwealth and to
demonstrate the fiscal impact of these programs
and the desirability, viability and
appropriateness of encouraging similar program
development, implementation and funding
options throughout this Commonwealth.

06/26/03

07/08/03

07/15/03

07/28/03

House Health & Human Services

Reported from Comm.

Passed by House

Senate Public Health & Welfare

HR 357

PN2401

Browne (R-Lehigh)

A Concurrent Resolution directing the Joint State
Government Commission
to establish a task force
to study the availability and accessibility of
intensive
and appropriate community services and supports for
persons with
serious mental illness, addictive
disorders and co-occurring mental illness
and
substance abuse disorders; to determine the
individual and community
consequences of leaving
untreated and undertreating such illnesses and
disorders and the relationship to incarceration
and homelessness; to
determine the gaps in
private insurance coverage and public funding of
services for individuals suffering from such
illnesses and disorders; and
to make
recommendations on addressing these gaps and
meeting individual
needs while respecting individual
rights and dignity.

07/10/03

House Health & Human Services

HR570

PN3333

Watson (R-Bucks)

Resolution commemorating March 2004 as 
"Mental Health/Mental
Retardation Awareness Month" in Pennsylvania.

03/08/04

03/08/04

Introduced as non-controversial resolution

Adopted

HR730

PN3839

Wheatley (D-Pitts.)

A Resolution designating the month of May
2004 as "Mental Health Month” in PA. 

05/11/04

Introduced & Adopted

HR787

PN4038

Pistella (D-Pittsburgh)

A Resolution directing the Speaker of the House
of Representatives to appoint a task force to
study wages paid by private State-funded
community providers of mental health and mental
retardation services, to make comparisons with
wages paid by public and private employers for
comparable work, to recommend the wages
needed to afford at least a moderate standard of
living while alleviating vacancy and turnover
problems, to develop a multiyear timetable
concluding in fiscal year 2010-2011 for
advancement toward higher wages and to make
recommendations to the General Assembly by
11/30/04.

06/14/04

House Rules

         

SB 7

PN806

Orie (R-Allegheny)

Amends the Lottery Law to allow PACE rebates
based on Medicaid Best Price; maximum
allowable costs; increasing eligibility (nothing
negative, monitor to make sure preferred
drug list or other language to restrict access is
not inserted)

05/03/03

05/13/03

06/02/03

Senate Aging & Youth

Reported

Senate Appropriations

SB 43

PN 26

Earll (R-Erie)

Restores cash benefit and food stamps to
individuals who became ineligible due to
felony offenses.

01/21/03

Sen. Public Health & Welfare

SB 73

PN 69

Orie (R-Allegheny)

Establishing a mental health court division

02/27/03

Sen. Judiciary

SB 74

PN 70

Orie (R-Allegheny)

The MH/MR Direct Care Workers Minimum
Salary Act

02/27/03

Sen. Public Health & Welfare

SB 75

PN 71

Orie R-Allegheny)

Grant program for the Empowerment of Mental Health
Clients and Family Members

02/27/03

Sen. Public Health & Welfare

SB 76

PN 72

Orie (R-Allegheny)

Amends the Mental Health Procedures Act to require
written aftercare plans for all persons receiving
treatment prior to their discharge from treatment
facility.

02/27/03

Sen. Public Health & Welfare

SB 123

PN 120

Mellow (D-Lackawanna

MH and MR Facility Security Act, requiring
security reports for all MH/MR facilities

02/03/03

Sen. Public Health & Welfare

SB 129

PN 147

Orie (R-Allegheny)

Creating a “drug court division” within the Court
of Common Pleas.

02/03/03

Senate Judiciary

SB 137

PN 1783

Mowery (R

-Cumber.)

Consent for minors

02/03/03

03/25/03

06/17/03

06/23/03

04/13/04

06/14/04

06/21/04

07/01/04

Sen. Public Health & Welfare

Reported w/amendments

First Consideration

Passed by Senate (49-0)

House Health & Human Services

Reported & Tabled

Appropriations

Reported as amended

Passed House (200-0)

Will go back to Senate for concurrence vote

Semate Rules

SB 217

PN 1758

Greenleaf (R-Mont.)

Creates the “Drug Treatment for Offenders Act,”
which allows the sentencing court to place
eligible non-violent offenders in an alternative
drug treatment program; offenders must be in
need of addiction treatment be sentenced to a
state correctional facility.

02/06/03

04/22/03

04/28/03

06/08/04

06/28/04

06/29/04

06/29/04

07/01/04

10/20/04

Judiciary

Reported w/amendment

Appropriations

Reported

Passed Senate (49-0)

House Judiciary

Reported

House Calendar

Passed by House (193-0)

SB 265

PN 587

Corman (R-Centre)

Consumers’ Continuity of Care Act allows
for the appointment of a psychologist to be a
member of the medical or professional staff.
  Allows psychologists to provide patient care
in those facilities independently.

02/10/03

03/25/03

04/21/03

05/12/03

06/10/03

06/11/03

07/01/03

07/18/03

09/22/03

09/29/03

10/30/03

Sen. Public Health & Welfare

Reported w/amendment

Referred to Appropria.

Reported

Passed by Senate (49-0)

House Health & Human Services

Reported

House Appropriations

Reported

Passed by House (201-1)

Signed into law as Act 28

SB 300

PN 315

Costa (D-Allegheny)

The FairX Prescription Drug Bill” establishes
a single PBM for all state pharmaceutical
programs, includes prior authorization and
rebates, and allows seniors over age 65 to
purchase drugs at the PACE price.

02/13/03

Senate Aging & Youth

SB 449

PN 466

Greenleaf (R-Mont.)

Amends the Mental Health Procedures Act to
require DPW oversight of assisted outpatient
treatment programs

03/11/03

Sen. Public Health & Welfare

SB 361

PN 374

Stack (D-Phila.)

Creates the Drug and Alcohol Addiction
Counselor Loan Forgiveness Program

03/03/03

Senate Education

SB 521

PN1108

Brightbill (R-Lebanon)

Amends the Judicial Code to provide for the
assessment and commitment of sexually violent
delinquent children and young adults

03/18/03

05/13/03

06/18/03

06/23/03

07/02/03

07/16/03

07/28/03

08/14/03

Senate Judiciary

Reported from Judiciary

Passed by Sen. (49-0)

House Judiciary

Reported w/amendments

Passed by House (197-3)

Sen. Concurred to House amendments

Signed into law by the Gov.

SB 811

PN1004

Hughes (D-Phila.)

Establishes the “Breaking the Silence” grant program.

06/23/03

Sen. Public Health & Welfare

SB958

PN1267

Stack (D-Phila.)

Establishes the Psychoanalysts Licensure Act.

11/10/03

Sen. Consumer Protection & Professional Licensure

SR 8

PN 16

Orie (R-Allegheny)

Establishing a Jt. State Government
Commission study of the mental health
services delivery system.

01/21/03

Sen. Public Health & Welfare

SR 31

PN 826

Dent (R-Lehigh)

Concurrent Resolution authorizing the Jt. State
Gov’t Commission to reconstitute the Task Force
on Services to Children and Youth

02/18/03

05/07/03

Sen. Aging & Youth

Reported w/amendment

SR 52

PN 58

Orie (R-Allegheny)

A Resolution recognizing youth mental illness
and suicide as a public health crisis and
encouraging evidence-based initiatives to
screen children and adolescents for mental
disorders in order to identify illness and
prevent suicide among youths.

03/24/03

Senate Public Health & Welfare

SR 125

PN1104

Thompson (R-Chester)

A Resolution calling for a Legislative and
Budget Committee review of two prison
diversion programs for persons with mental
illness and a third program that provides
follow-up services after release from prison.

07/15/03

09/22/03

09/24/03

09/30/03

11/17/03

12/19/03

01/26/04

Public Health & Welfare

Reported

Adopted by Senate (48-0)

House Health & Human Services

Reported from Comm.

Tabled & Removed

Adopted by House (195-0)

SR261

PN1589

Orie (R-Pittsburgh)

A Resolution designating May 4 as Childhood
Depression Awareness Day.

05/03/04

Introduced and Adopted

SR279

PN1643

Orie (R-Pittsburgh)

A Resolution designating May 23 through 29 as
"Older Americans' Mental Health Week."

05/18/04

Introduced & Adopted

 
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