PRINTER'S NO. 410
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
398
Session of
2017
INTRODUCED BY DiGIROLAMO, ENGLISH, STAATS, GODSHALL, D. MILLER,
READSHAW, NEILSON, MILLARD, MURT, MULLERY, D. COSTA AND
McCLINTON, FEBRUARY 8, 2017
REFERRED TO COMMITTEE ON HUMAN SERVICES, FEBRUARY 8, 2017
AN ACT
Amending the act of April 9, 1929 (P.L.177, No.175), entitled
"An act providing for and reorganizing the conduct of the
executive and administrative work of the Commonwealth by the
Executive Department thereof and the administrative
departments, boards, commissions, and officers thereof,
including the boards of trustees of State Normal Schools, or
Teachers Colleges; abolishing, creating, reorganizing or
authorizing the reorganization of certain administrative
departments, boards, and commissions; defining the powers and
duties of the Governor and other executive and administrative
officers, and of the several administrative departments,
boards, commissions, and officers; fixing the salaries of the
Governor, Lieutenant Governor, and certain other executive
and administrative officers; providing for the appointment of
certain administrative officers, and of all deputies and
other assistants and employes in certain departments, boards,
and commissions; providing for the regulation of pari-mutuel
thoroughbred horse racing and harness horse racing
activities, imposing certain taxes and providing for the
disposition of funds from pari-mutuel tickets; and
prescribing the manner in which the number and compensation
of the deputies and all other assistants and employes of
certain departments, boards and commissions shall be
determined," in Commonwealth budget procedures, providing for
essential service payments during budget impasse.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of April 9, 1929 (P.L.177, No.175), known
as The Administrative Code of 1929, is amended by adding a
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section to read:
Section 626. Essential Service Payments During Budget
Impasse.--(a) If the General Appropriation Act is not enacted by
July 1 of any fiscal year:
(1) The Secretary of the Budget shall, in consultation
with the Secretary of Human Services, the Secretary of Drug
and Alcohol Programs and the Secretary of Aging, certify to
the State Treasurer the line items and amounts paid for
essential services from each of their departments during the
prior fiscal year and the amounts so certified are hereby
appropriated from the General Fund to the respective
departments for those purposes.
(2) The Department of Human Services, the Department of
Drug and Alcohol Programs and the Department of Aging may
submit requisitions to the State Treasurer for the payment of
the essential services to a human services organization,
county or other intermediary organization from the
appropriations made under paragraph (1), provided that the
amount paid does not exceed the amount paid during the prior
fiscal year.
(b) The payments authorized under subsection (a) to a human
service organization, county or other intermediary organization
shall include reimbursement of interest incurred by the human
service organization, county or other intermediary organization
for providing essential services in this Commonwealth, if the
interest was incurred on a loan issued by a financial
institution to the human service organization, county or other
intermediary organization and the organization demonstrates in
writing to the satisfaction of the Secretary of the Budget that
the loan was necessary to support the operations of the
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organization as a direct result of not receiving timely payment
from the Commonwealth after July 1 of the fiscal year.
(c) The amount paid from the General Fund under subsection
(a) between July 1 and the date of enactment of the General
Appropriation Act for that fiscal year shall be credited against
the corresponding appropriation in the General Appropriation Act
for that fiscal year.
(d) An appropriation made under subsection (a) in any fiscal
year shall immediately lapse when the General Appropriation Act
for that fiscal year is enacted.
(e) The Secretary of the Budget and the State Treasurer
shall expedite payments under this section consistent with their
powers and duties in the act of April 9, 1929 (P.L.343, No.176),
known as "The Fiscal Code."
(f) As used in this section, the term "essential service"
means any service for which payment was made during the previous
fiscal year from Federal and State appropriations to the
Department of Human Services, the Department of Drug and Alcohol
Programs and the Department of Aging for the following:
(1) Domestic violence.
(2) Mental health services, including grants to counties
or other county-based human services included under the Human
Services Block Grant Pilot Program, exclusive of capital
improvements.
(3) Behavioral health services or other county-based
human services included under the Human Services Block Grant
Pilot Program.
(4) Intellectual Disabilities - Community Base Program,
including grants to counties for noninstitutional programs or
other county-based human services included under the Human
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Services Block Grant Pilot Program, exclusive of capital
improvements.
(5) Payments and services to counties for children and
youth programs and for the care of delinquent and dependent
children or other county-based human services included under
the Human Services Block Grant Pilot Program. The payments
and services under the Human Services Block Grant Pilot
Program include an aggregate child welfare needs-based budget
allocation that the Department of Human Services may use to
fund contracts for adoption services and the Department of
Human Services may use to pay for assistance to counties in
meeting Federal reimbursement documentation requirements.
(6) The Human Services Development Fund.
(7) Medical assistance payments for outpatient services,
exclusive of outpatient services provided through capitation
plans.
(8) Payments to counties for drug and alcohol addiction
treatment services under section 2334.
(9) Any other funds for which the county provides
services on behalf of the Commonwealth.
Section 2. This act shall take effect in 60 days.
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