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PRIOR PRINTER'S NO. 3378
PRINTER'S NO. 3761
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2104
Session of
2018
INTRODUCED BY BLOOM, GROVE, FRITZ, RYAN, WALSH, DOWLING,
ROTHMAN, CUTLER, BERNSTINE, FEE, DUSH, KEEFER, SCHEMEL,
EVERETT, COX, B. MILLER, McGINNIS, NELSON, KLUNK, PHILLIPS-
HILL, WHEELAND AND GILLEN, APRIL 18, 2018
AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 19, 2018
AN ACT
Amending Title 71 (State Government) of the Pennsylvania
Consolidated Statutes, in boards and offices, providing for
Department of Health and Human Services.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Part V of Title 71 of the Pennsylvania
Consolidated Statutes is amended by adding a chapter to read:
CHAPTER 49
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Subchapter
A. General Provisions
B. Departmental Administration
SUBCHAPTER A
GENERAL PROVISIONS
Sec.
4901. Scope of chapter.
4902. Definitions.
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§ 4901. Scope of chapter.
This chapter relates to the Department of Health and Human
Services.
§ 4902. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Continuous improvement process system." A management
methodology system that combines tools to improve process speed
and reduce waste with data-driven project analysis to provide
products and services with improved quality at a lower cost. The
term may involve any of the following strategies:
(1) Developing a process map that describes the lean
government principles or another widely accepted business
process improvement system by which an executive agency
engages in specific activities that have the purpose of
increasing efficiency and eliminating waste in the processes
used to deliver goods and services to taxpayers and customers
of this Commonwealth. This strategy includes the measurement
of the outcomes regarding increased efficiency and the
elimination of waste and procedures by which the executive
agency produces goods or serves its customers.
(2) Engaging in specific activities to rapidly improve
an executive agency's processes that will increase value or
decrease staff time, inventory, defects, overproduction,
complexity, delays or excessive movement.
(3) Involving executive agency employees at all levels
to map the executive agency's processes and recommend
improvements, with specific importance placed on the
involvement of executive agency employees closest to the
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customer or end user of the State government product or
service.
(4) Providing the means to measure each process in order
to demonstrate the effectiveness of each process or process
improvement.
(5) Training executive agency employees to mentor and
train other executive agency employees in continuous
improvement process systems.
"Department." The Department of Health and Human Services
established under section 4911 (relating to establishment of
department).
"Secretary." The Secretary of Health and Human Services.
SUBCHAPTER B
DEPARTMENTAL ADMINISTRATION
Sec.
4911. Establishment of department.
4912. Organization of department.
4913. General duties of department and transfer provisions.
4914. Redesignation.
4915. Civil service status (RESERVED) .
4916. Secretary.
4917. Strategic plan.
§ 4911. Establishment of department.
The Department of Health and Human Services is established as
an administrative department within the executive branch of the
government of this Commonwealth.
§ 4912. Organization of department.
(a) Division of responsibilities.--The department shall be
divided into the following:
(1) The Bureau of Child Development.
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(2) The Bureau of Children, Youth and Families.
(3) The Bureau of Developmental Programs.
(4) The Bureau of Eligibility and Self-Sustainability.
(5) The Bureau of Health Care Quality and Licensure.
(6) The Bureau of Public Health.
(7) The Bureau of Medical Programs and Pharmacy
Services.
(b) Supervision.--
(1) Each bureau of the department shall be headed by a
deputy secretary appointed by the secretary.
(2) Each deputy secretary shall be under the supervision
of the secretary.
§ 4913. General duties of department and transfer provisions.
(a) Authority.--The department shall exercise the authority
and perform the duties of the following as specified in this
chapter:
(1) The Department of Health.
(2) The Department of Human Services.
(b) Transfer of powers and duties.--
(1) The powers and duties vested in the Secretary of
Health and the Secretary of Human Services are transferred to
the secretary, who shall exercise the powers and perform the
duties that those secretaries exercised or performed prior to
the effective date of this section. Any reference to the
Secretary of Health or the Secretary of Human Services shall
be a reference to the secretary on or after the effective
date of this section.
(2) The following are transferred to the department:
(i) All bureaus, organizations and divisions in the
Department of Health and the Department of Human Services
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responsible for the functions specified in this chapter.
(ii) All personnel, allocations, appropriations,
equipment, files, records, contracts, agreements,
obligations and other materials which are used, employed
or expended by the Department of Health or the Department
of Human Services in connection with the functions
transferred by this chapter to the department in the
first instance and as if these contracts, agreements and
obligations had been incurred or entered into by the
department.
(c) Apportionment.--The personnel, appropriations, equipment
and other items and material transferred TO THE DEPARTMENT by
this section shall include an appropriate portion of the general
administrative, overhead and supporting personnel,
appropriations, equipment and other material of the Department
of Health or the Department of Human Services and shall also
include, where applicable, Federal grants and funds and other
benefits from any Federal program.
(d) Status of employees.--All personnel transferred under
this chapter shall retain any civil service employment status
assigned to the personnel.
§ 4914. Redesignation.
(a) Department of Health.--
(1) The Department of Health shall be known as the
Bureau of Health under the department.
(2) A reference to the Department of Health in a statute
or regulation shall be deemed a reference to the department.
(3) To provide an efficient and cost-minimizing
transition, licenses, contracts, deeds and other official
actions of the Department of Health DEPARTMENT OR ANY BUREAU
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SPECIFIED IN THIS SUBSECTION shall not be affected by the use
of the designation as Bureau of Health. The Department of
Health may continue to use the name "Department of Health" on
badges, licenses, contracts, deeds, stationery and other
official documents until existing supplies are exhausted. The
Department of Health DEPARTMENT may substitute the title
"Department of Health and Human Services" for "Department of
Health" on its documents and materials on a schedule that is
deemed appropriate.
(4) The Department of Health DEPARTMENT shall not
replace existing signage at its locations with the
redesignated name until the signs are worn and in need of
replacement. This transition shall be coordinated with
changes in administration.
(5) The Department of Health DEPARTMENT shall continue
to use the name "Department of Health" on its computer
systems until the time of routine upgrades in each computer
system in the Department of Health DEPARTMENT . The change in
name shall be made at the time of the routine upgrade to the
computer systems.
(b) Department of Human Services.--
(1) The Department of Human Services shall be known as
the Bureau of Human Services under the department.
(2) A reference to the Department of Human Services in a
statute or regulation shall be deemed a reference to the
department.
(3) To provide an efficient and cost-minimizing
transition, licenses, contracts, deeds and other official
actions of the Department of Human Services DEPARTMENT OR ANY
BUREAU SPECIFIED IN THIS SUBSECTION shall not be affected by
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the use of the designation as Bureau of Human Services. The
Department of Human Services DEPARTMENT may continue to use
the name "Department of Human Services" on badges, licenses,
contracts, deeds, stationery and other official documents
until existing supplies are exhausted. The Department of
Human Services DEPARTMENT may substitute the title
"Department of Health and Human Services" for "Department of
Human Services" on its documents and materials on a schedule
that is deemed appropriate.
(4) The Department of Human Services DEPARTMENT shall
not replace existing signage at its locations with the
redesignated name until the signs are worn and in need of
replacement. This transition shall be coordinated with
changes in administration.
(5) The Department of Human Services DEPARTMENT shall
continue to use the name "Department of Human Services" on
its computer systems until the time of routine upgrades in
each computer system in the Department of Human Services
DEPARTMENT . The change in name shall be made at the time of
the routine upgrade to the computer systems.
§ 4915. Civil service status.
All positions in the department shall be deemed to be
included in the list of positions under section 3(d) of the act
of August 5, 1941 (P.L.752, No.286), known as the Civil Service
Act, and the provisions and benefits of that act shall apply to
the employees of and positions in the department. (RESERVED).
§ 4916. Secretary.
(a) Nomination.--No later than 30 days after the effective
date of this section, the Governor shall nominate an individual
to serve as acting secretary until the individual or another
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individual is confirmed as secretary by the Senate under section
8 of Article IV of the Constitution of Pennsylvania. The acting
secretary shall have the same authority as the secretary.
(b) Appointments.--The secretary shall appoint the deputy
secretary of each of the bureaus within the department
SECRETARIES . Each deputy secretary shall possess appropriate
qualifications to serve in that capacity.
(c) Salary.--The annual salary of the secretary shall be
$166,000 or at a higher level as established by the Governor
with the approval of the executive board.
§ 4917. Strategic plan.
(a) Development.--Subject to subsection (b), within 120 days
of the effective date of this section, the Governor shall
contract with a qualified third party to develop a strategic
plan under this section.
(b) Third-party contract.--The Governor may enter into a
contract with a qualified third-party organization under this
section if the organization:
(1) has experience with large corporate mergers of a
company which has more than 500 employees;
(2) has experience assisting in the merging of
government agencies in other states; and
(3) utilizes continuous improvement process systems to
strengthen the efficiency and delivery of service of agencies
or corporations undergoing a merger.
(c) Parameters.--The strategic plan under this section shall
detail the merger of the Department of Health and the Department
of Human Services, in accordance with the provisions of this
chapter, and shall provide for:
(1) A 20% reduction in administrative costs.
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(2) A 20% reduction in regulations promulgated by the
Department of Health and the Department of Human Services.
(3) The establishment of a Regulatory Advisory Committee
consisting of members of the regulated communities for
activities regulated or overseen by the department.
(4) The establishment of a Statewide and uniform
interpretation of regulations and laws from inspectors used
by the department.
(5) The establishment of an independent office separate
from the department to oversee any medical assistance program
operated by the Commonwealth.
(6) The improvement of agency services to residents of
this Commonwealth at a lower cost to taxpayers.
(7) The consolidation of redundant rules and regulations
promulgated by the Department of Health and the Department of
Human Services.
(8) The development of expected outcomes to improve the
health and well-being of residents of this Commonwealth.
(9) Value-based purchasing for agency programs.
(10) The use of evidence-based programs.
(11) A proposal for the development of medical homes.
(12) The development of a plan to establish a uniform
coordinated delivery of services.
(13) Recommendations to maximize the amount of Federal
funds received by the Commonwealth.
(14) A detailed analysis of Federal funding for the
department, including, but not limited to, long-term costs to
the Commonwealth required for maintenance of effort
agreements.
(15) THE APPORTIONMENT OF PERSONNEL, APPROPRIATIONS,
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EQUIPMENT AND OTHER ITEMS AND MATERIAL TRANSFERRED TO THE
DEPARTMENT UNDER SECTION 4913 (RELATING TO GENERAL DUTIES OF
DEPARTMENT AND TRANSFER PROVISIONS).
(d) Submittal.--No later than 240 days after the effective
dates of this section, the strategic plan under this section
shall be submitted to the General Assembly for review and any
hearings deemed necessary.
Section 2. All other acts or parts of acts are repealed
insofar as they are inconsistent with this act.
Section 3. Except as otherwise provided in 71 Pa.C.S. Ch.
49, all activities regarding the powers and duties under 71
Pa.C.S. Ch. 49 which were initiated under the Department of
Health or the Department of Human Services shall continue and
remain in full force and effect and may be completed under 71
Pa.C.S. Ch. 49. Orders, regulations, rules and decisions which
were made under the authority of the Department of Health or the
Department of Human Services regarding the powers and duties
under 71 Pa.C.S. Ch. 49 and which are in effect on the effective
date of 71 Pa.C.S. Ch. 49 shall remain in full force and effect
until revoked, vacated or modified under 71 Pa.C.S. Ch. 49.
Contracts, obligations and collective bargaining agreements
entered into under the authority of the Department of Health or
the Department of Human Services are not affected nor impaired
by the transfer of powers and duties under 71 Pa.C.S. Ch. 49.
Section 4. Any expenditures needed to implement this act
shall be paid using encumbered funds of the respective executive
agency.
Section 5. Within 10 days of the nomination under 71 Pa.C.S.
§ 4916(a), the Secretary of the Commonwealth shall provide
notice of the nomination to the Legislative Reference Bureau,
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which shall publish the notice in the Pennsylvania Bulletin.
Section 6. This act shall take effect as follows:
(1) The following shall take effect immediately:
(i) This section and section 5 of this act.
(ii) The addition of 71 Pa.C.S. §§ 4901, 4902, 4916
and 4917.
(2) The remainder of this act shall take effect 30 days
after publication in the Pennsylvania Bulletin of the notice
under section 5 of this act.
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