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PRINTER'S NO. 3225
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2200
Session of
2018
INTRODUCED BY ORTITAY, COX, DiGIROLAMO, KAUFER, KAUFFMAN,
MILLARD, MURT, RAPP, READSHAW, ROTHMAN, SAYLOR, TOOHIL,
WATSON AND M. QUINN, APRIL 2, 2018
REFERRED TO COMMITTEE ON HUMAN SERVICES, APRIL 2, 2018
AN ACT
Amending the act of April 9, 1929 (P.L.177, No.175), entitled,
as amended, "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 judicial
administration; 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 powers and duties of the
Department of Justice and its departmental administrative
boards, further providing for Bureau of Consumer Protection
and providing for opioid action task force; in powers and
duties of the Department of Health and its departmental
administrative and advisory boards, further providing for
residential drug and alcohol treatment programs for pregnant
women and mothers and their dependent children and for staff
training and referral mechanisms; in powers and duties of the
Department of Drug and Alcohol Programs, providing for
residential drug and alcohol treatment programs for pregnant
women and mothers and their dependent children; providing for
intergovernmental collaboration on substance abuse and for
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public health emergency; and making editorial changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Article IX heading and section 917 of the act of
April 9, 1929 (P.L.177, No.175), known as The Administrative
Code of 1929, are amended to read:
ARTICLE IX
POWERS AND DUTIES OF THE [DEPARTMENT OF JUSTICE] OFFICE OF
ATTORNEY GENERAL AND ITS DEPARTMENTAL ADMINISTRATIVE BOARDS
Section 917. Bureau of Consumer Protection.--The [Department
of Justice] Office of Attorney General shall establish a Bureau
of Consumer Protection under the direction of a director
appointed by the Attorney General.
Section 2. The act is amended by adding a section to read:
Section 926. Opioid Action Task Force.--(a) The Attorney
General shall establish an opioid action task force to
coordinate efforts with district attorneys and local governments
relating to legal action against opioid drug makers,
distributors and prescribing physicians.
(b) The task force shall consist of the Attorney General,
district attorneys and representatives from local governments
who have taken or intend to take legal action against an opioid
drug maker, distributor and prescribing physician.
(c) The task force shall complete a report on legal action
taken by the Attorney General, district attorneys and local
governments and any proposed legal action. The report shall be
submitted to all district attorneys in this Commonwealth within
six months of the effective date of this section.
Section 3. Section 2123 of the act is repealed:
[Section 2123. Residential Drug and Alcohol Treatment
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Programs for Pregnant Women and Mothers and Their Dependent
Children.--(a) The Department of Health shall have the power,
and its duty shall be, to make grants or contracts to provide
residential drug and alcohol treatment and related services for
pregnant women, mothers and their dependent children and mothers
who do not have custody of their children where there is a
reasonable likelihood that the children will be returned to them
if the mother participates satisfactorily in the treatment
program. Grant or contract moneys shall only be used for
treatment and related services provided to residents of this
Commonwealth by drug and alcohol treatment programs licensed by
the Department of Health which provide the following services:
(1) Residential treatment services for women and their
children, subject to reasonable limitations on the number and
ages of the children, provided in a therapeutic community
setting and including, but not limited to:
(i) onsite addiction and substance abuse education,
counseling and treatment;
(ii) onsite individual, group and family counseling;
(iii) onsite drug and alcohol prevention and education
activities for children approved by the Office of Drug and
Alcohol Programs of the Department of Health;
(iv) onsite special counseling for children of alcoholics
and addicts;
(v) involvement with Alcoholics Anonymous, Narcotics
Anonymous, support groups for children of alcoholics and addicts
and other support groups; and
(vi) activities which enhance self-esteem and self-
sufficiency.
(2) Onsite parenting skills counseling and training.
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(3) Access to school for children and mothers where
appropriate, including, but not limited to, securing documents
necessary for registration.
(4) Job counseling and referral to existing job training
programs.
(5) Onsite day care for children when the mother is
attending counseling, school or a job training program and when
the mother is at a job or looking for a job and at other times
as the department deems appropriate.
(6) Referral and linkage to other needed services,
including, but not limited to, health care.
(7) Onsite structured reentry counseling and activities.
(8) Referral to outpatient counseling upon discharge from
the residential program.
(b) The Department of Health shall inform the single county
authorities of those programs in their jurisdiction being
considered for funding to provide the services listed in this
section and shall give the single county authorities an
opportunity to comment on these funding proposals prior to the
department making a decision to award funding.
(c) The Department of Health shall require programs
receiving funds under this section to collect and provide to the
department information concerning the number of women and
children denied treatment or placed on waiting lists and may
require such data and other information as the department deems
useful in determining the effectiveness of the treatment
programs. Confidentiality of records regarding identifiable
individuals enrolled in treatment programs funded under this
section shall be maintained.
(d) Contributions by counties or single county authorities
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shall not be required as a condition for receiving grants for
programs funded under this section, but the Department of Health
may require counties or single county authorities to make
commitments to provide outpatient intervention, referral and
aftercare services to women whose residential treatment is
funded under this section upon completion of their residential
treatment.
(e) The Department of Health shall annually convene a
meeting of all recipients of funds for programs funded under
this section and other interested parties so that the department
may receive input regarding ways to improve and expand treatment
services and prevention activities for pregnant women, mothers
and young children.
(f) The Department of Health shall report annually to the
Governor and the General Assembly as to its activities and
expenditures under this section, the activities of recipients of
funds under this section, the number of women and children
served, the number of women and children denied treatment or
placed on waiting lists, the recommendations in summary form
made at the annual meeting provided for in subsection (e) and
the recommendations of the department.
(g) As used in this section and section 2124, the term
"single county authority" means the agency designated to plan
and coordinate drug and alcohol prevention, intervention and
treatment services for a geographic area which may consist of
one or more counties and to administer the provisions of such
services funded through the agency.
(h) As used in this section, the term "therapeutic community
setting" means a drug-free, residential, nonhospital treatment
program using therapeutic community principles as the underlying
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philosophy.]
Section 4. Section 2124 of the act is amended by adding a
subsection to read:
Section 2124. Staff Training and Referral Mechanisms.--The
Department of Health shall have the power, and its duty shall
be:
* * *
(c) As used in this section, the term "single county
authority" shall mean the agency designated to plan and
coordinate drug and alcohol prevention, intervention and
treatment services for a geographic area which may consist of
one or more counties and to administer the provisions of the
services funded through the agency.
Section 5. The act is amended by adding a section to read:
Section 2302-A. Residential drug and alcohol treatment programs
for pregnant women and mothers and their dependent
children.
(a) General rule.--The Department of Drug and Alcohol
Programs shall have the power, and its duty shall be, to make
grants or contracts to provide residential drug and alcohol
treatment and related services for pregnant women, mothers and
their dependent children and mothers who do not have custody of
their children where there is a reasonable likelihood that the
children will be returned to them if the mother participates
satisfactorily in the treatment program. Grant or contract money
shall only be used for treatment and related services provided
to residents of this Commonwealth by drug and alcohol treatment
programs that are licensed by the Department of Drug and Alcohol
Programs and provide the following services:
(1) Residential treatment services for women and their
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children, subject to reasonable limitations on the number and
ages of the children, provided in a therapeutic community
setting and including, but not limited to:
(i) onsite addiction and substance abuse education,
counseling and treatment;
(ii) onsite individual, group and family counseling;
(iii) onsite drug and alcohol prevention and
education activities for children approved by the
Department of Drug and Alcohol Programs;
(iv) onsite special counseling for children of
alcoholics and addicts;
(v) involvement with Alcoholics Anonymous, Narcotics
Anonymous, support groups for children of alcoholics and
addicts and other support groups; and
(vi) activities which enhance self-esteem and self-
sufficiency.
(2) Onsite parenting skills counseling and training.
(3) Access to school for children and mothers where
appropriate, including, but not limited to, securing
documents necessary for registration.
(4) Job counseling and referral to existing job training
programs.
(5) Onsite day care for children when the mother attends
counseling, school or a job training program and when the
mother is at a job or searches for a job and at other times
as the department deems appropriate.
(6) Referral and linkage to other needed services,
including, but not limited to, health care.
(7) Onsite structured reentry counseling and activities.
(8) Referral to outpatient counseling upon discharge
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from the residential program.
(b) Single county authorities.--The Department of Drug and
Alcohol Programs shall inform the single county authorities of
those programs in their jurisdiction being considered for
funding to provide the services listed in this section and shall
give the single county authorities an opportunity to comment on
these funding proposals prior to the department making a
decision to award funding.
(c) Data submission.--Programs receiving funds under this
section shall collect and provide to the department information
concerning the number of women and children denied treatment or
placed on waiting lists and such data and other information as
the department deems useful in determining the effectiveness of
the treatment programs. The department shall maintain the
confidentiality of records regarding identifiable individuals
enrolled in treatment programs funded under this section.
(d) Contributions.--Contributions by counties or single
county authorities shall not be required as a condition for
receiving grants for programs funded under this section, but the
Department of Drug and Alcohol Programs may require counties or
single county authorities to make commitments to provide
outpatient intervention, referral and aftercare services to
women whose residential treatment is funded under this section
upon completion of their residential treatment.
(e) Annual meeting.--The Department of Drug and Alcohol
Programs shall annually convene a meeting of all recipients of
funds for programs funded under this section and other
interested parties so that the department may receive input
regarding ways to improve and expand treatment services and
prevention activities for pregnant women, mothers and young
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children.
(f) Report.--The Department of Drug and Alcohol Programs
shall report annually to the Governor and the General Assembly
as to its activities and expenditures under this section, the
activities of recipients of funds under this section, the number
of women and children served, the number of women and children
denied treatment or placed on waiting lists, the recommendations
in summary form made at the annual meeting provided for in
subsection (e) and the recommendations of the department.
(g) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Single county authority." As defined in section 2124.
"Therapeutic community setting." A drug-free, residential,
nonhospital treatment program using therapeutic community
principles as the underlying philosophy.
Section 6. The act is amended by adding articles to read:
ARTICLE XXVIII-F
INTERGOVERNMENTAL COLLABORATION ON SUBSTANCE ABUSE
Section 2801-F. Purpose.
The purpose of this article is to coordinate collaboration
between government agencies to respond to substance abuse issues
in this Commonwealth.
Section 2802-F. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Government agency." Any of the following:
(1) An agency of the Commonwealth, including a
department, board, commission or authority.
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(2) A political subdivision or agency of the political
subdivision.
(3) A local or municipal authority or other local
government unit.
(4) A court or related agency.
"Treatment facility." A facility licensed by the Department
of Drug and Alcohol Programs to provide drug and alcohol
addiction treatment.
"Warm handoff." The direct referral and transfer of an
overdose survivor immediately after medical stabilization from a
hospital emergency department to a treatment facility for
treatment matched to the individual's clinical needs based on a
full assessment and application of the Pennsylvania Client
Placement Criteria established by the Department of Drug and
Alcohol Programs.
Section 2803-F. Reports by government agencies.
(a) Duty to submit to the Department of Drug and Alcohol
Programs.--The government agencies under this section shall
submit a report to the Department of Drug and Alcohol Programs
as follows:
(1) The Department of Corrections shall provide a report
on its collaboration with the Department of Drug and Alcohol
Programs on providing drug and alcohol treatment to prisoners
under section 2301-A.
(2) The Department of Education shall provide a report
on the following:
(i) The methods used by the Department of Education
to encourage parental engagement in the prevention of
drug and alcohol use.
(ii) The feasibility of the use of online videos
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from the Substance Abuse and Mental Health Services
Administration on the Department of Education's publicly
accessible Internet website and the ability to provide
the videos for use by school districts.
(iii) The level of compliance with K-12 drug and
alcohol education under section 1547 of the act of March
10, 1949 (P.L.30, No.14), known as the Public School Code
of 1949.
(iv) The level of compliance with mandating Student
Assistance Programs under section 1302-A of the Public
School Code of 1949.
(v) Efforts to increase the level of compliance
under subparagraphs (iii) and (iv).
(vi) The rate of improvement in compliance rates
under subparagraphs (iii) and (iv).
(3) The Department of Health shall provide a report on
the following:
(i) The number of individuals identified to be in
need of and referred to addiction treatment under the act
of October 27, 2014 (P.L.2911, No.191), known as the
Achieving Better Care by Monitoring All Prescriptions
Program (ABC-MAP) Act.
(ii) Information regarding children born with
neonatal abstinence syndrome.
(4) The Department of Human Services shall provide a
report on whether and how the medical assistance rates being
paid for addiction treatment actually compensate the costs of
providing addiction treatment.
(5) The Insurance Department shall provide a report on
the following:
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(i) The number of complaints and actions taken
regarding those complaints under the Paul Wellstone and
Pete Domenici Mental Health Parity and Addiction Equity
Act of 2008 (Public Law 110-343, 122 Stat. 3881) and
under Article VI-B of the act of May 17, 1921 (P.L.682,
No.284), known as The Insurance Company Law of 1921.
(ii) Efforts to ensure that health insurance
consumers are educated in the necessary provisions of the
Paul Wellstone and Pete Domenici Mental Health Parity and
Addiction Equity Act of 2008 and The Insurance Company
Law of 1921.
(iii) Methods to ensure that individuals are
informed of drug and alcohol addiction treatment coverage
through a notification from their health care insurer.
(iv) Information provided by a health care insurer
on level of care, length of stay and number of
individuals treated for drug and alcohol addiction to
assist individuals in choosing a health insurance plan to
meet their needs.
(6) The State Board of Medicine shall provide a report
on the following:
(i) Progress on implementing a continuing medical
education requirement in effective warm handoff to
addiction treatment for individuals who:
(A) are identified in the prescription
monitoring system under the Achieving Better Care by
Monitoring All Prescriptions Program (ABC-MAP) Act as
being at risk of having a substance use disorder; or
(B) have survived a drug overdose.
(ii) Progress in establishing, in collaboration with
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the Department of Drug and Alcohol Programs, continuing
medical education requirements developed to maximize the
likelihood of successful and immediate warm handoff to
addiction treatment for individuals, including, but not
limited to, individuals under subparagraph (i).
(7) The Board of Probation and Parole shall provide a
report on its collaboration with the Department of Drug and
Alcohol Programs to ensure that individuals with a drug or
alcohol addiction who are on probation or parole are engaged
in the addiction treatment process.
(8) The Pennsylvania State Police shall provide a report
on the number of Pennsylvania State Police barracks which
have a drug take-back box and the feasibility of placing drug
take-back boxes at all other Pennsylvania State Police
barracks.
(9) The Department of Transportation shall provide a
report on the number of driving under the influence offenders
who have been ordered by a court to attend drug and alcohol
treatment under 75 Pa.C.S. Ch. 38 (relating to driving after
imbibing alcohol or utilizing drugs) in the past year out of
the total number of offenders and recommend changes to the
law to ensure more driving under the influence offenders
receive drug and alcohol treatment.
(b) Content.--The reports under subsection (a) shall include
recommendations from the government agency to address needed
action on a certain issue and the amount of funding needed to
take such action. The report shall also include recommendations
for any legislation necessary for the government agency to
perform additional duties based on the report.
(c) Timing.--The reports under subsection (a) shall be
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submitted to the Department of Drug and Alcohol Programs within
one year of the effective date of this section.
Section 2804-F. Report by Department of Drug and Alcohol
Programs.
(a) Duty to submit to the Governor and General Assembly.--
(1) After the reports under section 2803-F are submitted
to the Department of Drug and Alcohol Programs, the secretary
shall compile the reports and submit a comprehensive report
to the Governor and General Assembly, including the following
information from the Department of Drug and Alcohol Programs:
(i) Collaboration with the Veterans Health
Administration on providing assistance to veterans
seeking addiction treatment.
(ii) Steps taken by the single county authorities to
ensure that block grant funded addiction treatment
programs are being paid at a rate that reflects the
actual costs of providing addiction treatment.
(iii) Steps taken by the single county authorities
to ensure licensed addiction treatment facilities are
being paid rates established through a negotiation
process with consideration of cost-of-living increases
where appropriate.
(iv) The number of women enrolled in residential
drug and alcohol treatment programs for pregnant women
and mothers with dependent children, their length of stay
and recidivism rates under section 2302-A.
(2) The report under paragraph (1) shall include the
amount of funding needed to address a certain issue and any
recommended legislation.
(3) The Department of Drug and Alcohol Programs shall
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include in the report publicly accessible data appropriate to
assist in making informed policy decisions, including, but
not limited to, data from the Pennsylvania Health Care Cost
Containment Council.
(b) Timing--The report under subsection (a) shall be
submitted to the Governor and General Assembly within 30 days.
Section 2805-F. Report by Office of Attorney General.
(a) Duty to report to General Assembly.--The Office of
Attorney General shall provide a report to the General Assembly
with information on the number of complaints and actions taken
regarding those complaints under the Paul Wellstone and Pete
Domenici Mental Health Parity and Addiction Equity Act of 2008
(Public Law 110-343, 122 Stat. 3881) and under Article VI-B of
the act of May 17, 1921 (P.L.682, No.284), known as The
Insurance Company Law of 1921.
(b) Timing.--The report under subsection (a) shall be
submitted to the General Assembly within six months of the
effective date of this section.
ARTICLE XXVIII-G
PUBLIC HEALTH EMERGENCY
Section 2801-G. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Department." The Department of Health of the Commonwealth.
"Government agency." Any of the following:
(1) An agency of the Commonwealth, including a
department, board, commission or authority.
(2) A political subdivision or agency of the political
subdivision.
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(3) A local or municipal authority or other local
government unit.
(4) A court or related agency.
"Public health emergency." An occurrence or imminent threat
of a disease or condition of public health importance that:
(1) Is believed to be caused by any of the following:
(i) A bioterrorist event, a biological, chemical or
nuclear agent, a chemical attack or a nuclear attack.
(ii) The appearance of a novel or previously
controlled or eradicated infectious agent or biological
toxin.
(iii) A natural disaster, an accidental chemical
release or a nuclear incident.
(iv) A disease outbreak or unusual expression of
illness.
(2) Poses a high probability of any of the following
harms in the affected population:
(i) A large number of deaths.
(ii) A large number of serious or long-term
disabilities.
(iii) Widespread exposure to an infectious or toxic
agent that poses a significant risk of substantial
present or future harm to a large number of people.
"Public health worker." A person, licensed or unlicensed,
employed by, or contracted with, the department or a local
health department to carry out prophylaxis, treatment,
notification and prevention services to persons reported to the
department or local health departments as having a reportable
disease, under the act of April 23, 1956 (1955 P.L.1510,
No.500), known as the Disease Prevention and Control Law of
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1955.
"Secretary." The Secretary of Health of the Commonwealth.
Section 2802-G. Declaration of a public health emergency.
(a) Authorization.--The secretary may declare a public
health emergency by publishing a declaration in the Pennsylvania
Bulletin.
(b) Declaration.--The declaration of a public health
emergency shall be valid for a period of 90 days unless renewed
by the secretary through a subsequent declaration in the
Pennsylvania Bulletin.
(c) Duties of department.--Upon publication of a declaration
under subsection (a), the department may, notwithstanding any
other provision of law, perform the following duties:
(1) Waive a regulation.
(2) Promulgate temporary regulations under subsection
(f) to address the public health emergency.
(3) Publish a notice in the Pennsylvania Bulletin to
require reporting, in the manner and form prescribed by the
department, relating to a disease, infection or condition.
(4) Publish a notice in the Pennsylvania Bulletin
providing the requirements for health care facilities and
licensed health care practitioners to manage a disease
outbreak or unusual expression of illness.
(5) Authorize public health workers to dispense,
administer, furnish or otherwise provide prescription
medication for prophylaxis or treatment of a reportable
disease or condition as necessary to prevent and control the
spread of disease or condition.
(d) Requirements.--
(1) Notwithstanding any other provision of law, each
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government agency shall, at the request of the department,
provide information as prescribed by the department during a
public health emergency.
(2) The department shall provide for the frequency and
format, which may include automated data exchanges, for the
collection of the information required under this subsection.
(e) Confidentiality of information.--Information provided or
collected under this section shall be confidential, shall not be
subject to public access under the act of February 14, 2008
(P.L.6, No.3), known as the Right-to-Know Law, and shall neither
be discoverable nor admissible as evidence in a civil, criminal
or administrative action or proceeding.
(f) Temporary regulations.--The department may promulgate
temporary regulations regarding measures to reduce harm and
control disease. The temporary regulations shall not be subject
to:
(1) Sections 201, 202, 203, 204 and 205 of the act of
July 31, 1968 (P.L.769, No.240), referred to as the
Commonwealth Documents Law.
(2) Section 204(b) of the act of October 15, 1980
(P.L.950, No.164), known as the Commonwealth Attorneys Act.
(3) The act of June 25, 1982 (P.L.633, No.181), known as
the Regulatory Review Act.
(g) Expiration and subsequent promulgation.--Temporary
regulations promulgated under subsection (f) shall expire 90
days following the end of the declaration of a public health
emergency. Regulations adopted after this period shall be
promulgated as provided by law.
Section 2803-G. Immunity from liability.
The provisions of 42 Pa.C.S. ยง 8331 (relating to medical good
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Samaritan civil immunity), 8332 (relating to emergency response
provider and bystander good Samaritan civil immunity) or 8332.4
(relating to volunteer-in-public-service negligence standard)
shall apply to any person who provides assistance in carrying
out the provisions of this article.
Section 7. Any allocations, appropriations, records,
contracts, rights and obligations to or of the Department of
Health under former section 2123 of the act are transferred to
the Department of Drug and Alcohol Programs.
Section 8. This act shall take effect in 60 days.
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