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LEGISLATION OF INTEREST
TO NAMI PA
2005-2006 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.
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PLS Summary:
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(PN
4008) Amends Titles 18 (Crimes and Offenses) and 75 (Vehicles) providing for
the Substance Abuse Education and Demand Reduction Fund. The bill states that
45% of grant money deposited into the Substance Abuse Education and Demand
Reduction Fund each fiscal year would be made available to nonprofit organizations
to provide research-based approaches to prevention, intervention, training,
treatment, and education services to reduce substance abuse or to provide
resources to assist families in assessing the services. Also, up to 20% of
grant money may be used to: (1) assist in the start-up of victim impact panel
programs, (2) study the impact outcome and benefits of victim impact panels,
and (3) provide assistance for the ongoing operation of victim impact panels.
The commission would develop guidelines and procedures necessary to implement
the grant program. The legislation makes a technical change to Section 3802
(g)(1) pertaining to exception to two-hour rule providing where the
Commonwealth shows good cause explaining why the chemical test sample could not
be obtained within two hours. The bill also states that courts can order a
person who violates section 3802 to attend a victim impact panel program.
Lastly, the bill further provides for the standards and operation of victim
impact panels. (Prior Printer Number: 2632, 3167, 3448, 3876)
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Bill History:
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08-11-05
H Filed
08-24-05 H Introduced and referred to committee on House Judiciary
05-03-06 H Signed in the House
05-03-06 S Signed in the Senate
05-05-06 G In the hands of the Governor
05-15-06 G Last day for Governor's action
05-11-06 G Approved by the Governor (Act: 36)
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PLS Summary:
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(PN
2108) The Mental Health and Mental Retardation Staff Member and Alcohol and
Drug Addiction Counselor Loan Forgiveness Programs Act states that qualified
applicants would be eligible for payment by the Pennsylvania Higher Education
Assistance Agency (PHEAA) of a portion of the debt incurred by the applicant
through the agency-administered Guaranteed Stafford or Consolidation Loan
Programs for the education necessary to be a mental health or mental
retardation staff member in PA if the qualified applicant enters into a
contract with the agency that requires the qualified recipient to remain
employed as a full-time staff member in PA for a period of two consecutive
years. PHEAA is authorized to forgive a proportional part of the applicant's
loan so that the loan may be entirely forgiven over four years of full-time
staff work. No more than $5,000 would be forgiven in any year, and no more
than $20,000 would be forgiven for any applicant. PHEAA would be required to
submit an annual report to the General Assembly on the program. (Prior
Printer Number: 51)
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Bill History:
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01-13-05
H Filed
01-25-05 H Introduced and referred to committee on House Health and Human
Services
05-03-05 H Meeting set for Off the Floor, Room 205, Ryan Office Buildin,
House Health and Human Services
05-03-05 H Voted favorably from committee on House Health and Human Services
06-07-05 H Final Passage (Vote: Y:197/N: 0)
06-13-05 S Received in the Senate and referred to Senate Education
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PLS Summary:
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(PN
1120) The Mental Health and Mental Retardation Facility Closure or Reduction
Moratorium Act would impose a moratorium on the closure or reduction of any
facility and require the Legislative Budget and Finance Committee to study
the issue of closure of State mental health facilities and report to the
General Assembly. The Legislative Budget and Finance Committee would study
each instance of the issue of the closure or reduction of a facility. In
conducting each study, the Legislative Budget and Finance Committee would
consider and make recommendations with respect to several issues. This act
would apply to closures or reductions made after December 31, 2004, and
before January 1, 2006. Nothing in the act would prevent or obstruct a
resident/patient from exercising his or her lawful ability to enter or leave
a facility at any time. (Prior Printers Numbers: 242)
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Bill History:
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02-03-05
H Filed
02-08-05 H Introduced and referred to committee on House Health and Human
Services
03-15-05 H Voted favorably from committee as amended House Health and Human
Services
03-15-05 H Reported as amended House Health and Human Services
03-15-05 H First consideration
03-15-05 H Laid on the table
03-29-05 H Set on the Tabled Calendar for
03-29-05 H Removed from the table
03-29-05 H Second consideration
03-29-05 H Rereferred to House Appropriations
05-02-05 H Voted from committee with request to re-refer to Health and, House
Appropriations
Human Services
05-02-05 H Reported with request to re-refer to Health and, House
Appropriations
Human Services
05-02-05 H Rereferred to House Health and Human Services
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PLS Summary:
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(PN 471)
Amends the Mental Health Procedures Act providing for persons who may be
subject to involuntary emergency examination and treatment by adding that
individuals may be involuntarily subject to emergency examination and
treatment if the totality of circumstances supports a finding of danger, that
there is a risk of a suicide attempt, that there is a risk of an attempt of
self-mutilation; the person has acted in such a way as to evidence that he
does not have the capacity to make a rational treatment decision, and serious
debilitation would ensue within 30 days from a diagnosed condition; or a
person's history of treatment and diagnosis, and a person's past behavior may
be considered in determining whether a person's recent behavior constitutes a
clear and present danger to others or to himself.
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Bill History:
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02-09-05
H Filed
02-14-05 H Introduced and referred to committee on House Health and Human
Services
03-15-05 H Voted favorably from committee on House Health and Human Services
03-15-05 H Reported as committed from House Health and Human Services
03-15-05 H Rereferred to House Judiciary
06-21-05 H Meeting set for 10:00 a.m., Room 205, Ryan Office Building, House
Judiciary
06-21-05 H Passed over in committee House Judiciary
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HB 499
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Gannon
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Amends
Insurance Company Law re mental illness
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PLS Summary:
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(PN 538)
Amends the Insurance Company Law further providing for mental illness
coverage.
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Specific Remarks:
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Provides
for mental health insurance parity
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Bill History:
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02-11-05
H Filed
02-14-05 H Introduced and referred to committee on House Insurance
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PLS Summary:
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(PN 664)
Amends the Public School Code by prohibiting school officials or employees
from recommending that a child use psychotropic or sympathomimetic drugs,
although they could recommend appropriate evaluation of a student by a
medical practitioner.
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Bill History:
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02-15-05
H Filed
02-16-05 H Introduced and referred to committee on House Education
02-08-06 H Meeting set for 9:00 a.m., Room 60, East Wing, House Education
02-08-06 H Amended in committee and held House Education
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PLS Summary:
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(PN
4757) Amends the Solicitation of Funds for Charitable Purposes Act further
providing for audit of certain financial reports. The bill states that the
financial report of every charitable organization which receives annual
contributions of $300,000 or more would be audited by a public accountant.
Every charitable organization that receives annual contributions of at least
$100,000, but less than $300,000, would be required to have a review or audit
of their financial statements performed by a public accountant. A
compilation, audit or review is optional for any charitable organization
which receives annual contributions of less than $50,000 (Prior Printer
Number: 705, 3824)
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Bill History:
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02-16-05
H Filed
02-16-05 H Introduced and referred to committee on House Finance
02-07-06 H Meeting set for 9:30 a.m., Room 205, Ryan Office Building, House
Finance
02-07-06 H Voted favorably from committee on House Finance
10-18-06 H Signed in the House
10-23-06 S Signed in the Senate
10-24-06 G In the hands of the Governor
11-03-06 G Last day for Governor's action
10-27-06 G Approved by the Governor (Act: 121)
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PLS Summary:
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(PN
2568) This is the General Appropriation Act of 2005 providing for expenses of
the Executive, Legislative and Judicial Departments, the public debt, for the
public schools for the fiscal year July 1, 2005, to June 30, 2006. (Prior
Printer Number: 848, 1648, 2282)
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General Remarks:
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Fiscal
Year 2006-07 State Budget
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Bill History:
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03-14-05
H Filed
07-07-05 H Signed in the House
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)
11-27-06 H Set on the House Calendar
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PLS Summary:
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(PN
1872) The Commonwealth Pharmacy Program Procedures and Policies Act would,
through the Office of Administration, establish a series of uniform
procedures for PA pharmacies or preferred pharmacy programs.
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Specific Remarks:
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Prevents
DPW from implementing additional access restrictions for pharmaceuticals
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General Remarks:
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Introduced
to prevent DPW from implementing a PDL until 1/1/07. Bill was not passed and
DPW implemented a PDL.
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Bill History:
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03-16-05
H Filed
03-21-05 H Introduced and referred to committee on House Health and Human
Services
05-03-05 H Meeting set for Off the Floor, Room 205, Ryan Office Buildin,
House Health and Human Services
05-03-05 H Voted favorably from committee as amended House Health and Human
Services
05-03-05 H Reported as amended House Health and Human Services
05-03-05 H First consideration
05-03-05 H Laid on the table
05-11-05 H Set on the Tabled Calendar for
05-11-05 H Removed from the table
05-11-05 H Second consideration
05-11-05 H Rereferred to House Appropriations
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PLS Summary:
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(PN
2560) Amends the Public Welfare Code providing for use of medical expenses to
establish medical assistance eligibility, for lifetime limit on unpaid
medical expenses, for penalty period for asset transfer, for treatment of
life estates and annuities, for community spouse income, for eligibility for
home and community-based services, for verification of eligibility and for
eligibility redetermination of persons for medical assistance; further
providing for medical assistance payments for institutional care, for other
medical assistance payments, for reimbursement for certain items and services
and for relatives' responsibility; providing for medical assistance benefit
packages, for coverage, copayments, premiums and rates, for definitions of
limited applicability, for rebates, for pharmacy management systems, for
enrollment limitation and for established drug regimens; further providing
for other computations affecting counties, for special provider participation
requirements and for third-party liability; and providing for data matching,
for special needs trusts, for a health insurance premium payment program and
for parity in insurance coverage for State-owned psychiatric hospitals.
(Prior Printers Numbers: 1374, 1873, 2432)
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Bill History:
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03-22-05
H Filed
07-06-05 H Signed in the House
07-06-05 S Signed in the Senate
07-07-05 G In the hands of the Governor
07-17-05 G Last day for Governor's action
07-07-05 G Approved by the Governor (Act: 42)
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PLS Summary:
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(PN
1446) Amends Title 42 (Judiciary) by allowing the court of common pleas of
any county or judicial district to apply for a grant to establish a mental
health court division. The mental health court division would have the
following objectives: 1) increased cooperation between the criminal justice
and mental health systems; 2) faster case processing time; 3) improved access
to necessary services and support; 4) increased services for offenders with
mental illness; 5) reduced recidivism; 6) continued judicial supervision,
including periodic review of preliminarily qualified offenders with mental
illness who are charged with misdemeanors or nonviolent offenses; and 7)
coordinated delivery of services, including specialized training of law
enforcement and judicial personnel, voluntary outpatient or inpatient
treatment, centralized case management, and continuing supervision of
treatment plan compliance.
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Bill History:
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03-30-05
H Filed
03-30-05 H Introduced and referred to committee on House Judiciary
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PLS Summary:
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(PN
1555) Amends Title 42 (Judiciary) providing for a judicial district to apply
for a grant to establish a mental health court division. The mental health
court division will provide a single point of contact where a defendant with
a mental illness may receive court-ordered treatment and support services in
connection with a diversion from prosecution, a sentencing alternative or a
term of probation or parole. The Administrative Office, consulting with the
Department of Public Welfare Office of Mental Health and Substance Abuse
Services, the Department of Corrections, and the PA Board of Probation and
Parole, will establish standards, funding schedules, and procedures for
awarding grants to establish the mental health court division. The bill
provides guidelines for establishing these grants.
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Bill History:
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04-06-05
H Filed
04-11-05 H Introduced and referred to committee on House Judiciary
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PLS Summary:
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(PN
2106) The Cognitive Impairment Support Services Certification Act would
create a certification program in facilities that offer cognitive support
services to persons with cognitive impairments and for individuals that work
in facilities that deliver services to individuals who are cognitively
impaired. The Departments of Aging and Public Welfare would be responsible
for establishing criteria for the certificates. The bill provides for certain
rights and disclosure requirements for patient transfers between
non-certified and certified facilities. The bill would also require, within
one year of the effective date of this section, the Department to issue a
report to the General Assembly on programs within PA and throughout the U.S.
that seek to maximize the effectiveness of charitable pharmaceutical programs
and to provide recommendations for new laws and initiatives to enhance the
ability of Pennsylvanians to take advantage of such programs. Lastly, nothing
in this act would be construed to invalidate or supersede department
regulations insofar as they are not inconsistent with the act. (Prior Printer
Number: 1658)
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Bill History:
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04-13-05
H Filed
04-14-05 H Introduced and referred to committee on House Aging and Older
Adult Services
05-10-05 H Meeting set for 10:00 a.m., Hearing Room 2, North Office Bui,
House Aging and Older Adult Services
05-06-05 H Meeting cancelled for 05/10/05, House Aging and Older Adult
Services
06-07-05 H Meeting set for 9:30 a.m., Hearing Room #3, North Office Bui,
House Aging and Older Adult Services
06-07-05 H Voted favorably from committee as amended House Aging and Older
Adult Services
06-07-05 H Reported as amended House Aging and Older Adult Services
06-07-05 H First consideration
06-07-05 H Rereferred to House Rules
09-26-05 H Reported as committed from House Rules
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
11-27-06 H Set on the Tabled Calendar for
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PLS Summary:
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(PN
1660) The Mental Health Facility Closure Act would regulate the closure of
state-operated mental health facilities. The legislation would prohibit the
Department of Public Welfare from closing a facility unless enabling
legislation is enacted and a pubic hearing is held or a court order is
obtained. The bill provides for the waiving of sovereign immunity if the
Department closes a facility in violation of the Act. It also establishes
procedures for the Department to seek closure of a facility.
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Bill History:
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04-13-05
H Filed
04-14-05 H Introduced and referred to committee on House Health and Human
Services
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PLS Summary:
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(PN
1717) Amends the Public School Code by requiring school boards to adopt and
implement a policy prohibiting school personnel from recommending the use of
psychotropic drugs for school children. The legislation states that a county
office of children and youth, or other similar office, cannot take a child
into custody and that a court cannot order a child taken into custody because
a parent, guardian or other individual responsible for a child refuses to
administer or consent to the child receiving psychotropic drugs unless that
refusal causes the child to be neglected or abused.
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Bill History:
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04-19-05
H Filed
04-26-05 H Introduced and referred to committee on House Education
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PLS Summary:
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(PN
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:
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04-27-05
H Filed
05-02-05 H Introduced and referred to committee on House Health and Human
Services
10-19-05 H Meeting set for 10:00 a.m., Hearing Room 3, North Office Bui,
House Health and Human Services
10-19-05 H Voted favorably from committee on House Health and Human Services
10-19-05 H Reported as committed from House Health and Human Services
10-19-05 H First consideration
10-19-05 H Laid on the table
12-05-05 H Set on the Tabled Calendar for
12-05-05 H Removed from the table
12-05-05 H Laid on the table
06-13-06 H Set on the Tabled Calendar for
06-13-06 H Removed from the table
06-13-06 H Second consideration
06-13-06 H Rereferred to House Appropriations
06-19-06 H Voted favorably from committee on House Appropriations
06-19-06 H Reported as committed from House Appropriations
06-26-06 H Set on the House Calendar
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
09-26-06 S Meeting set for 10:30 a.m., Rules Committee Conference Room,
Senate State Government
09-26-06 S Voted favorably from committee on Senate State Government
09-26-06 S Reported as committed from Senate State Government
09-26-06 S First consideration
10-04-06 S Set on the Senate Calendar
10-04-06 S Rereferred to Senate Appropriations
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PLS Summary:
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(PN
1831) The Prenatal and Postpartum Counseling Act states that a hospital,
birthing center, physician, nurse-midwife or midwife who provides prenatal
care to a pregnant woman during gestation or at delivery of an infant has the
duty to provide the woman with a fact sheet that includes common symptoms of
prenatal depression, postpartum depression, postpartum psychosis and
emotional traumas associated with pregnancy and parenting and with a resource
list of professional organizations that provide prenatal counseling,
postpartum counseling and assistance to parents.
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Bill History:
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05-02-05
H Filed
05-03-05 H Introduced and referred to committee on House Health and Human
Services
05-03-05 H Meeting set for Off the Floor, Room 205, Ryan Office Buildin,
House Health and Human Services
05-03-05 H Voted favorably from committee on House Health and Human Services
05-03-05 H Reported as committed from House Health and Human Services
05-03-05 H First consideration
05-03-05 H Laid on the table
05-04-05 H Removed from the table
05-04-05 H Second consideration
05-04-05 H Rereferred to House Appropriations
05-09-05 H Voted favorably from committee on House Appropriations
05-09-05 H Reported as committed from House Appropriations
05-10-05 H Set on the House Calendar
05-10-05 H Laid out for discussion
05-10-05 H Third consideration
05-10-05 H Final Passage (Vote: Y:197/N: 0)
05-24-05 S Received in the Senate and referred to Senate Public Health and
Welfare
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PLS Summary:
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(PN
1833) Amends the Public Welfare Code by adding that a health care provider would
not be eligible for assessment abatement under the Health Care Provider
Retention Program if the health care provider is not enrolled as a medical
assistance provider.
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Bill History:
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05-02-05
H Filed
05-03-05 H Introduced and referred to committee on House Health and Human
Services
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HB 1500
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Veon
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Amends
Public Welfare Code re medical expenses
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PLS Summary:
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(PN
1813) Amends Public Welfare Code by providing for use of medical expenses to
establish medical assistance eligibility, for lifetime limit on unpaid
medical expenses, for penalty period for asset transfer, for community spouse
income and for treatment of life estates and annuities; further providing for
medical assistance payments for institutional care, for other medical
assistance payments, for reimbursement for certain items and services and for
relatives' responsibility; providing for medical assistance benefit packages,
for coverage, copayments and premiums, for payment for prescription and
over-the-counter medications and for eligibility limitations; further
providing for restrictions on provider charges and payments and for
third-party liability; and providing for data matching, for special needs
trusts, for a health insurance premium payment program and for parity in
insurance coverage for State-owned psychiatric hospitals.
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Specific Remarks:
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Portions
of this bill were amended into H.B. 1168 and signed into law.
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General Remarks:
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Some of
the changes proposed in H.B. 1500 were amended into H.B. 1168 and signed into
law.
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Bill History:
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04-29-05
H Filed
05-02-05 H Introduced and referred to committee on House Health and Human
Services
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HB 1649
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True
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Act re
Drug & Alcohol Treatment & Prevention
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PLS Summary:
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(PN
4762) 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 percentage points of the liquor tax rate would be deposited.
Monies in the fund would be allocated as follows: (1) 11.276% 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) 27.289% 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) 25.671% 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) 9.819% to the Governor for the Pennsylvania Commission on
Crime and Delinquency to provide drug and alcohol treatment-based restrictive
intermediate punishment programs; and (5) 25.945% to the Department of
Corrections to provide comprehensive drug and alcohol treatment to the inmate
population including assessment, education, intensive treatment and
aftercare. If deposits in the fund are insufficient to cover the above
disbursements, then a pro rata share of the available funds would be
allocated. (Prior Printer Number: 2077)
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Bill History:
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06-06-05
H Filed
06-07-05 H Introduced and referred to committee on House Health and Human
Services
06-07-05 H Press conference held 6/7/05
02-15-06 H Meeting set for 10:00 a.m., Room 205, Ryan Office Building, House
Health and Human Services
02-15-06 H Public hearing held in committee House Health and Human Services
05-02-06 H Meeting set for 10:00 a.m., Hearing Room 3, North Office Bui,
House Health and Human Services
05-02-06 H Voted favorably from committee on House Health and Human Services
05-02-06 H Reported as committed from House Health and Human Services
05-02-06 H First consideration
05-02-06 H Laid on the table
06-06-06 H Set on the Tabled Calendar for
06-06-06 H Discussed in press conference
06-07-06 H Set on the Tabled Calendar for
06-07-06 H Removed from the table
06-07-06 H Second consideration
06-07-06 H Rereferred to House Appropriations
06-19-06 H Voted favorably from committee on House Appropriations
06-19-06 H Reported as committed from House Appropriations
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
10-16-06 S Meeting set for Off the Floor, Room 461 Main Capitol Buildin,
Senate Public Health and Welfare
10-16-06 S Voted favorably from committee as amended Senate Public Health and
Welfare
10-16-06 S Reported as amended Senate Public Health and Welfare
10-16-06 S First consideration
10-17-06 S Set on the Senate Calendar
10-17-06 S Rereferred to Senate Appropriations
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PLS Summary:
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(PN
2128) Amends the PA Drug and Alcohol Abuse Control Act by allowing the family
member of a drug dependent person to petition the court of common pleas for
the commitment of that person to involuntary drug and alcohol treatment
services, including inpatient services, if the person is incapable of
accepting or unwilling to accept voluntary treatment. The bill requires the
petition to set forth sufficient facts and good reasons for the commitment
and provides for assessments and for criteria to be met before the judge can
order treatment for up to 90 days | |
