PRINTER'S NO. 635
No. 603 Session of 2005
INTRODUCED BY ORIE, STOUT, RHOADES, THOMPSON, BRIGHTBILL,
MELLOW, STACK, KITCHEN, LAVALLE, ERICKSON, KASUNIC,
TARTAGLIONE, LOGAN, M. WHITE, C. WILLIAMS, FERLO AND BOSCOLA,
APRIL 4, 2005
REFERRED TO PUBLIC HEALTH AND WELFARE, APRIL 4, 2005
AN ACT
1 Providing for State assistance for cervical cancer screening;
2 conferring powers and duties on the Department of Health;
3 establishing the Cervical Cancer Screening Fund; and making
4 an appropriation.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Short title.
8 This act shall be known and may be cited as the Cervical
9 Cancer Screening Assistance Act.
10 Section 2. Definitions.
11 The following words and phrases when used in this act shall
12 have the meanings given to them in this section unless the
13 context clearly indicates otherwise:
14 "Cervical cancer screening." Examinations and laboratory
15 tests conducted for early detection of cervical cancer utilizing
16 conventional pap smear screening or liquid-based cytology
17 methods, as approved by the United States Food and Drug
18 Administration, in conjunction with a test approved by the
1 United States Food and Drug Administration for the detection of
2 the human papilloma virus (HPV), in accordance with the most
3 current screening guidelines from the American College of
4 Obstetricians and Gynecologists.
5 "Claimant." A citizen of this Commonwealth who seeks payment
6 for screening.
7 "Department." The Department of Health of the Commonwealth.
8 "Fund." The Cervical Cancer Screening Fund established in
9 section 4 (relating to fund).
10 "Income." Includes earned and unearned income.
11 Section 3. Department.
12 The department has the following powers and duties:
13 (1) Administer this act.
14 (2) Utilize the fund under section 4(b) (relating to
15 fund).
16 (3) Promulgate regulations to implement this act.
17 Section 4. Fund.
18 (a) Establishment.--The Cervical Cancer Screening Fund is
19 established as a separate fund in the State Treasury.
20 (b) Purpose.--The purpose of the fund is to make payments
21 for cervical cancer screening under section 5 (relating to
22 cervical cancer screening).
23 (c) Source.--The source of the fund is appropriations. Money
24 in the fund is continuously appropriated to the fund. The
25 appropriation shall not lapse at the end of any fiscal year.
26 Section 5. Cervical cancer screening.
27 (a) Program.--The department shall make payments under
28 subsection (d) for claimants who are eligible under subsection
29 (b).
30 (b) Eligibility.--To be eligible for payment under
20050S0603B0635 - 2 -
1 subsection (d), a claimant must establish to the satisfaction of
2 the department, all of the following:
3 (1) The claimant is a woman at least 40 years of age.
4 (2) The claimant earns less than the income specified by
5 regulations of the department.
6 (3) The claimant does not have medical insurance which
7 will cover cervical cancer screening.
8 (4) The claimant is not eligible for assistance under
9 Article IV(f) of the act of June 13, 1967 (P.L.31, No.21),
10 known as the Public Welfare Code.
11 (c) Procedure.--
12 (1) A claimant must submit an application on a form
13 prescribed by the department.
14 (2) Within 30 days of receipt of the application, the
15 department shall make one of the following determinations:
16 (i) Eligibility.
17 (ii) Ineligibility. A determination under this
18 subparagraph includes a reason for the determination.
19 (3) Failure to meet the time requirement of paragraph
20 (2) or the reason requirement of paragraph (2)(ii) shall be
21 deemed a determination of eligibility.
22 (4) A determination under this subsection is subject to
23 2 Pa.C.S. Chs. 5 Subch. A (relating to practice and procedure
24 of Commonwealth agencies) and 7 Subch. A (relating to
25 judicial review of Commonwealth agency action).
26 (d) Payment.--The department shall provide a claimant who is
27 determined to be eligible under subsection (c) with a voucher
28 obligating the department to pay the health care provider a
29 stated amount for the cervical cancer screening performed.
30 Section 19. Appropriation.
20050S0603B0635 - 3 -
1 The sum of $200,000 is hereby appropriated to the Cervical
2 Cancer Screening Fund for the fiscal year July 1, 2005, to June
3 30, 2006, to carry out the provisions of this act. This
4 appropriation is subject to section 4(c) (relating to fund).
5 Section 20. Effective date.
6 This act shall take effect as follows:
7 (1) This section shall take effect immediately.
8 (2) Section 5 shall take effect on the effective date of
9 regulations promulgated under section 3(3).
10 (3) The remainder of this act shall take effect in 60
11 days.
A20L35MSP/20050S0603B0635 - 4 -