H1354B1684A02292 SFL:JMT 06/25/17 #90 A02292
AMENDMENTS TO HOUSE BILL NO. 1354
Sponsor: REPRESENTATIVE PHILLIPS-HILL
Printer's No. 1684
Amend Bill, page 1, line 3, by inserting after
"Commonwealth,""
in general powers and duties of the department, further
providing for State participation in cooperative Federal
programs;
Amend Bill, page 1, line 9, by striking out "and"
Amend Bill, page 1, line 9, by striking out "Medicaid" and
inserting
Medical Assistance
Amend Bill, page 1, line 10, by striking out the period after
"Director" and inserting
; and making an editorial change.
Amend Bill, page 1, lines 13 through 15, by striking out all
of said lines and inserting
Section 1. Article II heading and sections 201 and 441.7(a)
of the act of June 13, 1967 (P.L.31, No.21), known as the Human
Services Code, are amended to read:
ARTICLE II
GENERAL POWERS AND DUTIES
OF THE DEPARTMENT OF [PUBLIC WELFARE] HUMAN SERVICES
Section 201. State Participation in Cooperative Federal
Programs.--The department, including through the Office of
Independent Medical Assistance Director, shall have the power
and its duties shall be:
(1) With the approval of the Governor, to act as the sole
agency of the State when applying for, receiving and using
Federal funds for the financing in whole or in part of programs
in fields in which the department has responsibility.
(2) With the approval of the Governor, to develop and submit
State plans or other proposals to the Federal [government,]
Government, except as where limited under paragraph (2.1), to
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promulgate regulations, establish and enforce standards and to
take such other measures as may be necessary to render the
Commonwealth eligible for available Federal funds or other
assistance. Notwithstanding anything to the contrary in the act
of July 31, 1968 (P.L.769, No.240), referred to as the
Commonwealth Documents Law, the department may omit notice of
proposed rulemaking and promulgate regulations as final when a
delay of thirty days or less in the final adoption of
regulations will result in the loss of Federal funds or when a
delay of thirty days or less in adoption would require the
replacement of Federal funds with State funds.
(2.1) To develop and submit State plans or other proposals
to the Federal Government for medical assistance through the
Independent Office of Medical Assistance Director, to promulgate
regulations, establish and enforce standards and take other
measures as may be necessary to render the Commonwealth eligible
for available Federal funds or other assistance. Notwithstanding
any provision to the contrary in the act of July 31, 1968
(P.L.769, No.240), referred to as the Commonwealth Documents
Law, the department may omit notice of proposed rulemaking and
promulgate regulations as final when a delay of thirty days or
less in the final adoption of regulations will result in the
loss of Federal funds or when a delay of thirty days or less in
adoption would require the replacement of Federal funds with
State funds.
(3) To make surveys and inventories of existing facilities
and services as required in connection with such State plans,
and to assess the need for construction, modernization or
additional services and to determine priorities with respect
thereto.
(4) To conduct investigations of activities related to
fraud, misuse or theft of public assistance moneys[, medical
assistance moneys or benefits,] or Federal food stamps,
committed by any person who is or has been participating in or
administering programs of the department, or by persons who aid
or abet others in the commission of fraudulent acts affecting
welfare programs.
(4.1) To conduct investigations of activities related to
fraud, misuse or theft of medical assistance moneys or benefit
through the Office of Independent Medical Assistance Director by
a person who is or has been participating in or administering
medical assistance programs or by a person who aids or abets
others in the commission of fraudulent acts affecting medical
assistance.
(5) To collect data on its programs and services, including
efforts aimed at preventative health care, to provide [the
General Assembly with adequate information] to the Office of
Independent Medical Assistance Director, who will compile the
data for use by the General Assembly to determine the most cost-
effective allocation of resources in the medical assistance
program.
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(6) To submit on a [biannual] annual basis a report prepared
by the Office of Independent Medical Assistance Director to the
General Assembly regarding the medical assistance population,
which shall include aggregate figures, delineated on a monthly
basis, for the number of individuals to whom services were
provided, the type and incidence of services provided by
procedure and the cost per service as well as total expenditures
by service.
Amend Bill, page 1, line 19, by striking out "Medicaid" and
inserting
Medical Assistance
Amend Bill, page 2, line 12, by striking out "Medicaid" and
inserting
Medical Assistance
Amend Bill, page 2, line 18, by striking out "Medicaid" and
inserting
Medical Assistance
Amend Bill, page 2, line 22, by striking out "Medicaid" and
inserting
Medical Assistance
Amend Bill, page 3, line 1, by striking out "Medicaid" and
inserting
Medical Assistance
Amend Bill, page 3, line 15, by striking out "Medicaid" and
inserting
Medical Assistance
Amend Bill, page 3, line 25, by striking out "Medicaid" and
inserting
Medical Assistance
Amend Bill, page 4, line 2, by striking out "Medicaid" and
inserting
Medical Assistance
Amend Bill, page 4, line 4, by striking out "Medicaid" and
inserting
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Medical Assistance
Amend Bill, page 6, line 6, by striking out "Medicaid" and
inserting
Medical Assistance
Amend Bill, page 6, line 15, by striking out "Medicaid" and
inserting
Medical Assistance
Amend Bill, page 6, line 21, by striking out "Medicaid" and
inserting
Medical Assistance
Amend Bill, page 7, line 3, by striking out "Medicaid" and
inserting
Medical Assistance
Amend Bill, page 7, line 12, by striking out "Medicaid" and
inserting
Medical Assistance
Amend Bill, page 7, line 18, by striking out "Medicaid" and
inserting
Medical Assistance
Amend Bill, page 7, line 20, by striking out "Medicaid" and
inserting
Medical Assistance
Amend Bill, page 7, line 26, by striking out "Medicaid" and
inserting
Medical Assistance
Amend Bill, page 9, line 22, by striking out "Medicaid" and
inserting
Medical Assistance
Amend Bill, page 10, line 21, by striking out "Medicaid" and
inserting
Medical Assistance
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Amend Bill, page 10, line 25, by striking out "Medicaid" and
inserting
Medical Assistance
Amend Bill, page 10, line 28, by striking out "Medicaid" and
inserting
Medical Assistance
Amend Bill, page 11, line 9, by striking out "Medicaid" and
inserting
Medical Assistance
Amend Bill, page 11, line 11, by striking out "Medicaid" and
inserting
Medical Assistance
Amend Bill, page 11, line 14, by striking out "Medicaid" and
inserting
Medical Assistance
Amend Bill, page 12, line 10, by striking out "Medicaid" and
inserting
Medical Assistance
Amend Bill, page 12, line 24, by striking out "Medicaid" and
inserting
Medical Assistance
Amend Bill, page 12, line 28, by striking out "Medicaid" and
inserting
Medical Assistance
Amend Bill, page 13, line 16, by striking out "Medicaid" and
inserting
Medical Assistance
Amend Bill, page 13, line 21, by striking out "Medicaid" and
inserting
Medical Assistance
Amend Bill, page 14, line 7, by striking out "Medicaid" and
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inserting
Medical Assistance
Amend Bill, page 15, line 18, by striking out "Medicaid" and
inserting
Medical Assistance
Amend Bill, page 16, line 4, by striking out "Medicaid" and
inserting
Medical Assistance
Amend Bill, page 16, line 7, by striking out "Medicaid" and
inserting
Medical Assistance
Amend Bill, page 16, line 13, by striking out "Medicaid" and
inserting
Medical Assistance
Amend Bill, page 16, line 17, by striking out "Medicaid" and
inserting
Medical Assistance
Amend Bill, page 16, line 21, by striking out "Medicaid" and
inserting
Medical Assistance
Amend Bill, page 17, line 14, by striking out "Medicaid" and
inserting
Medical Assistance
Amend Bill, page 18, line 6, by striking out "Medicaid" and
inserting
Medical Assistance
Amend Bill, page 20, line 24, by striking out "Medicaid" and
inserting
Medical Assistance
Amend Bill, page 21, line 4, by striking out "Medicaid" and
inserting
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Medical Assistance
Amend Bill, page 21, line 8, by striking out "Medicaid" and
inserting
Medical Assistance
Amend Bill, page 21, line 19, by striking out "Medicaid" and
inserting
Medical Assistance
Amend Bill, page 21, line 21, by striking out "Medicaid" and
inserting
Medical Assistance
Amend Bill, page 21, line 28, by striking out "Medicaid" and
inserting
Medical Assistance
Amend Bill, page 22, line 7, by striking out "Medicaid" and
inserting
Medical Assistance
Amend Bill, page 22, line 19, by striking out "Medicaid" and
inserting
Medical Assistance
Amend Bill, page 22, line 23, by striking out "Medicaid" and
inserting
Medical Assistance
Amend Bill, page 22, line 27, by striking out "Medicaid" and
inserting
Medical Assistance
Amend Bill, page 22, line 28, by striking out "Medicaid" and
inserting
Medical Assistance
Amend Bill, page 23, line 4, by striking out "Medicaid" and
inserting
Medical Assistance
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Amend Bill, page 24, line 5, by striking out "Medicaid" and
inserting
Medical Assistance
Amend Bill, page 24, line 9, by striking out "Medicaid" and
inserting
Medical Assistance
Amend Bill, page 24, line 14, by striking out "Medicaid" and
inserting
Medical Assistance
Amend Bill, page 24, line 17, by striking out "Medicaid" and
inserting
Medical Assistance
Amend Bill, page 24, line 21, by striking out "Medicaid" and
inserting
Medical Assistance
Amend Bill, page 25, line 8, by striking out "Medicaid" and
inserting
Medical Assistance
Amend Bill, page 25, line 19, by striking out "Medicaid" and
inserting
Medical Assistance
Amend Bill, page 25, line 24, by striking out "Medicaid" and
inserting
Medical Assistance
Amend Bill, page 25, line 29, by striking out "Medicaid" and
inserting
Medical Assistance
Amend Bill, page 26, line 3, by striking out "Medicaid" and
inserting
Medical Assistance
Amend Bill, page 26, line 8, by striking out "Medicaid" and
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inserting
Medical Assistance
Amend Bill, page 26, line 16, by striking out "MEDICAID" and
inserting
MEDICAL ASSISTANCE
Amend Bill, page 26, line 20, by striking out "Medicaid" and
inserting
medical assistance
Amend Bill, page 27, by inserting between lines 4 and 5
"Commonwealth agency." A State agency, department, board,
office, bureau, division, committee or council.
Amend Bill, page 27, line 6, by striking out "Medicaid" and
inserting
Medical Assistance
Amend Bill, page 27, lines 7 through 10, by striking out all
of said lines
Amend Bill, page 27, line 11, by striking out "Medicaid" and
inserting
Medical Assistance
Amend Bill, page 27, line 12, by inserting before "The"
(a) Establishment.--
Amend Bill, page 27, line 12, by striking out "Medicaid" and
inserting
Medical Assistance
Amend Bill, page 27, by inserting between lines 13 and 14
(b) Employees.--Employees of any Commonwealth agency who
operate and administer medical assistance programs prior to the
effective date of this section shall be transferred to the
Office of Independent Medical Assistance Director at the
discretion of the director. The funds that pay for the salaries
of the employees transferred under this section shall be paid
out of the encumbered funds of the agency from which the
employee was transferred.
(c) Funding.-- All funding from any Federal or State sources
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regarding the operation of the Commonwealth's medical assistance
programs shall be transferred into a restricted account in the
General Fund in accordance with the following:
(1) Money from the restricted account may be transferred
only upon the approval of the director or the director's
designee, as prescribed under this article.
(2) The director shall coordinate payments from the
Commonwealth's medical assistance programs with the State
Treasurer to optimize the Commonwealth's cash flow within the
General Fund and total operating budget.
Amend Bill, page 27, line 14, by striking out "Medicaid" and
inserting
Medical Assistance
Amend Bill, page 27, lines 16 and 17, by striking out
"Director of the Office of Independent Medicaid Director " and
inserting
director
Amend Bill, page 27, line 23, by striking out "four" and
inserting
six
Amend Bill, page 27, line 24, by inserting after
"confirmation."
A director may serve more than one term if selected by the
Selection and Organization Committee.
Amend Bill, page 29, line 16, by striking out "to serve the
remainder of the unexpired term" and inserting
until such time as the General Assembly has reconvened
Amend Bill, page 29, lines 17 and 18, by striking out
"without confirmation by the Senate "
Amend Bill, page 29, by inserting between lines 18 and 19
(3) If no director has been approved within 3 months of
a vacancy, a new director shall be appointed in accordance
with paragraph (1).
(e) Removal.--The Governor may remove the director only if
the director has committed a breach of public trust or violated
the laws of this Commonwealth.
Amend Bill, page 29, line 21, by striking out "Medicaid" and
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inserting
medical assistance
Amend Bill, page 29, line 23, by striking out "Medicaid" and
inserting
medical assistance
Amend Bill, page 29, line 25, by striking out "Medicaid" and
inserting
Medical Assistance
Amend Bill, page 29, line 27, by striking out "Medicaid" and
inserting
medical assistance
Amend Bill, page 30, line 3, by striking out "Medicaid" and
inserting
medical assistance
Amend Bill, page 30, line 9, by striking out "Performance
incentives for exceeding outcomes." and inserting
The development of medical homes.
Amend Bill, page 30, by inserting between lines 12 and 13
(viii) Recommendations for identifying cost savings
within medical assistance programs.
Amend Bill, page 30, line 14, by striking out "Medicaid" and
inserting
medical assistance
Amend Bill, page 30, line 16, by striking out "Medicaid" and
inserting
medical assistance
Amend Bill, page 30, line 20, by striking out "Medicaid" and
inserting
medical assistance
Amend Bill, page 30, line 22, by striking out "Medicaid" and
inserting
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medical assistance
Amend Bill, page 30, line 24, by striking out "and" and
inserting a comma
Amend Bill, page 30, line 25, by inserting after
"Representatives"
and the Independent Fiscal Office
Amend Bill, page 30, line 27, by striking out "Medicaid" and
inserting
medical assistance
Amend Bill, page 31, line 8, by striking out "Medicaid" and
inserting
Medical Assistance
Amend Bill, page 31, line 10, by striking out "Medicaid" and
inserting
m edical assistance
Amend Bill, page 31, line 11, by striking out "Medicaid" and
inserting
medical assistance
Amend Bill, page 31, line 23, by striking out "Medicaid" and
inserting
m edical assistance
Amend Bill, page 31, line 24, by inserting after "Making"
annual
Amend Bill, page 31, line 27, by inserting after "taxpayers"
who reside within this Commonwealth
Amend Bill, page 32, line 6, by striking out "Medicaid" and
inserting
medical assistance
Amend Bill, page 32, by inserting between lines 6 and 7
(a) Authority.--The director shall have the sole authority
to manage all m edical assistance programs in the Commonwealth,
including, but not limited to, being the sole authority for
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submitting an amendment to the State's plan under Title XIX of
the Social Security Act (49 Stat. 620, 42 U.S.C. ยง 1396 et seq.)
to the Centers for Medicare and Medicaid services offered under
any of the Commonwealth's medical assistance programs.
Amend Bill, page 32, line 7, by striking out "(a)" and
inserting
(b)
Amend Bill, page 32, line 8, by striking out "Medicaid" and
inserting
m edical assistance
Amend Bill, page 32, line 9, by striking out "Medicaid" and
inserting
m edical assistance
Amend Bill, page 32, line 11, by striking out "(b)" and
inserting
(c)
Amend Bill, page 32, line 11, by striking out "Medicaid" and
inserting
m edical assistance
Amend Bill, page 32, line 15, by striking out "Medicaid" and
inserting
m edical assistance
Amend Bill, page 32, line 17, by striking out "Medicaid" and
inserting
m edical assistance
Amend Bill, page 32, line 20, by striking out "Medicaid" and
inserting
m edical assistance
Amend Bill, page 32, line 22, by striking out "Medicaid" and
inserting
m edical assistance
Amend Bill, page 32, line 25, by striking out "Medicaid" and
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inserting
m edical assistance
Amend Bill, page 32, line 26, by striking out "(c)" and
inserting
(d)
Amend Bill, page 32, line 27, by striking out "Medicaid" and
inserting
medical assistance
Amend Bill, page 32, line 29, by striking out "Medicaid" and
inserting
Medical Assistance
Amend Bill, page 33, line 6, by striking out "Medicaid" and
inserting
Medical Assistance
Amend Bill, page 33, by inserting between lines 22 and 23
Section 410-A. Regulations.
The Office of Independent Medical Assistance Director shall
promulgate regulations.
Amend Bill, page 33, line 23, by striking out "410-A" and
inserting
411-A
Amend Bill, page 33, line 24, by striking out "shall" and
inserting
may
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