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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.
October 15th, 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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HB 83 |
DeLuca |
Amends Public Welfare Code re
reporting req. |
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PLS
Summary: |
(PN
2265) Amends the Public Welfare Code providing for reporting requirements;
further providing for assistance recipient identification program;
providing for income eligibility verification system; further providing
for local administration of assistance; providing for fraud detection
system and for residency and county assistance offices; and requiring the
Department of Public Welfare to provide personal care home information on
the department's Internet website. The secretary would be required to
submit and post on its website a copy of certain documents which the
department submits to the Federal Department of Health and Human Services
under TANF for the federal fiscal year. A photograph of the recipient of
benefits would be placed upon each electronic benefits transfer card. The
legislation provides for the creation of an income eligibility
verification system to eliminate duplication of assistance and deter
fraud. The system would require an applicant to provide his Social
Security number which would be matched with several different databases.
The bill provides for resolution of a discrepancy. Each county would be
required to establish procedures to identify, investigate and resolve
potential cases of fraud prior to determining an applicant's eligibility
for assistance. An individual applying for assistance must do so at the
assistance office closest to the residence of the applicant. Lastly, the
Department would be required to provide certain personal care home
information on its website. The department may remove information from its
website that is required to be posted under this section after it has been
posted for a period of five years or longer. (Prior Printer Number: 107,
2234) |
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Specific
Remarks: |
Contains
several welfare reform initiatives |
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Bill
History: |
07-12-07 H Set on the House
Calendar 07-12-07 H Laid out for discussion 07-12-07 H Third
consideration 07-12-07 H Final Passage (Vote: Y:197/N: 1) 07-14-07 S
Received in the Senate and referred to Senate Public Health and
Welfare |
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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
377) Amends Titles 18 (Crimes and Offenses) and 42 (Judiciary) providing
for the offenses of criminal gang activity and criminal gang solicitation
and recruitment; establishing the Criminal Gang Deterrence Fund; providing
for disposition for criminal gang activity offenders; further providing
for disposition of delinquent child and for controlled substance
forfeiture; providing for alcohol and drug treatment; imposing penalties;
and making an appropriation of $1,000,000 to the Criminal Gang Deterrence
Fund for the fiscal year 2007-2008. |
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Bill
History: |
02-07-07 H Filed 02-09-07
H Introduced and referred to committee on House Judiciary 04-26-07 H
Discussed in Public Hearing - 4/26/07, House Judiciary 09-11-07 H
Meeting set for 10:00 a.m., Room 418, Main Capitol, House
Judiciary 09-11-07 H Public hearing held in committee House
Judiciary |
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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: |
06-26-07 H Set on the House
Calendar 06-26-07 H Laid out for discussion 06-26-07 H Third
consideration 06-26-07 H Final Passage (Vote: Y:197/N: 4) 07-03-07 S
Received in the Senate and referred to Senate Public Health and
Welfare |
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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.
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General
Remarks: |
Governor's
Prescription for PA |
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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 Urban Affairs and
Housing |
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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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