H2510B3799A05989 MSP:JMT 05/28/20 #90 A05989
AMENDMENTS TO HOUSE BILL NO. 2510
Sponsor: SENATOR BROWNE
Printer's No. 3799
Amend Bill, page 1, lines 1 through 4, by striking out all of
said lines and inserting
Amending the act of April 9, 1929 (P.L.343, No.176), entitled
"An act relating to the finances of the State government;
providing for cancer control, prevention and research, for
ambulatory surgical center data collection, for the Joint
Underwriting Association, for entertainment business
financial management firms, for private dam financial
assurance and for reinstatement of item vetoes; providing for
the settlement, assessment, collection, and lien of taxes,
bonus, and all other accounts due the Commonwealth, the
collection and recovery of fees and other money or property
due or belonging to the Commonwealth, or any agency thereof,
including escheated property and the proceeds of its sale,
the custody and disbursement or other disposition of funds
and securities belonging to or in the possession of the
Commonwealth, and the settlement of claims against the
Commonwealth, the resettlement of accounts and appeals to the
courts, refunds of moneys erroneously paid to the
Commonwealth, auditing the accounts of the Commonwealth and
all agencies thereof, of all public officers collecting
moneys payable to the Commonwealth, or any agency thereof,
and all receipts of appropriations from the Commonwealth,
authorizing the Commonwealth to issue tax anticipation notes
to defray current expenses, implementing the provisions of
section 7(a) of Article VIII of the Constitution of
Pennsylvania authorizing and restricting the incurring of
certain debt and imposing penalties; affecting every
department, board, commission, and officer of the State
government, every political subdivision of the State, and
certain officers of such subdivisions, every person,
association, and corporation required to pay, assess, or
collect taxes, or to make returns or reports under the laws
imposing taxes for State purposes, or to pay license fees or
other moneys to the Commonwealth, or any agency thereof,
every State depository and every debtor or creditor of the
Commonwealth," providing for regional response health
collaboration and for emergency COVID-19 response; and, in
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additional special funds and restricted accounts, providing
for return of COVID response transfers.
Amend Bill, page 1, lines 7 through 15; pages 2 through 6,
lines 1 through 30; page 7, lines 1 through 9; by striking out
all of said lines on said pages and inserting
Section 1. The act of April 9, 1929 (P.L.343, No.176), known
as The Fiscal Code, is amended by adding articles to read:
ARTICLE I-B
REGIONAL RESPONSE HEALTH COLLABORATION
Section 101-B. 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:
"Assisted living residence." As defined in section 1001 of
the act of June 13, 1967 (P.L.31, No.21), known as the Human
Services Code.
"COVID-19." The novel coronavirus as identified in the
Governor's Proclamation of Disaster Emergency issued on March 6,
2020, published at 50 Pa.B. 1644 (March 21, 2020).
"Department." The Department of Human Services of the
Commonwealth.
"Facility." Any of the following:
(1) An assisted living residence.
(2) A long-term care nursing facility.
(3) A personal care home.
"Health collaborative." A collaboration of a local health
care system that provides educational support and clinical
coaching in a specific region of this Commonwealth. The term
includes an academic medical center located in this
Commonwealth.
"Long-term care nursing facility." As defined in section
802.1 of the act of July 19, 1979 (P.L.130, No.48), known as the
Health Care Facilities Act.
"Personal care home." As defined in section 1001 of the
Human Services Code.
Section 102-B. Establishment.
The Regional Response Health Collaborative Program is
established within the department.
Section 103-B. Duties of the department.
The department shall do the following to implement the
Regional Response Health Collaborative Program:
(1) Divide the Commonwealth into six geographic regions,
as follows:
(i) Northeast.
(ii) Southeast.
(iii) North central.
(iv) South central.
(v) Northwest.
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(vi) Southwest.
(2) Solicit proposals from and enter into a grant
agreement with at least one eligible health collaborative
applicant from each region under paragraph (1) to provide
operations, management and administration to protect
residents in facilities from COVID-19.
(3) Establish guidelines for each health collaborative
to:
(i) Promote health and stabilize the economy of the
region by directly supporting COVID-19 readiness and
response in facilities.
(ii) Improve the quality of care related to
infection prevention and other priority health care
conditions common to facilities.
(iii) Expand COVID-19 testing to include
asymptomatic staff and residents in facilities to expand
public health surveillance.
(iv) Implement best practices in infection control,
including, but not limited to:
(A) enhanced testing capability;
(B) infection control consultation and
implementation, including contact tracing; and
(C) advanced clinical care, including onsite and
telemedicine-supported clinical care, remote
monitoring and physician consultation.
Section 104-B. Eligibility.
In order to be deemed an eligible applicant, a health
collaborative must provide information on how it would meet the
guidelines under section 103-B when submitting an application to
the department.
Section 105-B. Funding.
Funding for the Regional Response Health Collaborative
Program shall come from the following sources:
(1) From money appropriated for COVID Relief โ€“ Long-Term
Living Programs, $175,000,000 shall be distributed by the
department for the purposes provided under section 103-B(2).
(2) An allocation of up to $175,000,000 from funding
received by the Commonwealth from the United States
Department of Health and Human Services or Centers for
Disease Control and Prevention for testing through Division B
of Title I of the Federal Paycheck Protection Program and
Health Care Enhancement Act (Public Law 116-139).
ARTICLE I-C
EMERGENCY COVID-19 RESPONSE
SUBARTICLE A
PRELIMINARY PROVISIONS
Section 101-C. 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:
"Account." The restricted account established under section
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110-C.
"CARES Act." The Federal Coronavirus Aid, Relief, and
Economic Security Act (Public Law 116-136).
"Human Services Code." The act of June 13, 1967 (P.L.31,
No.21), known as the Human Services Code.
SUBARTICLE B
COVID-19 RESPONSE RESTRICTED ACCOUNT
Section 110-C. COVID-19 Response Restricted Account.
The COVID-19 Response Restricted Account is established in
the General Fund as a restricted account. Money received by the
Commonwealth from the Federal Government under Division A of
Title V of the CARES Act shall be deposited into the account.
All money in the account shall be appropriated by the General
Assembly.
Section 111-C. Money in account.
(a) Continuation.--Except as provided under subsection (b),
all money in the account, including, but not limited to, money
credited to the account under section 110-C, prior year
encumbrances and any earned interest, shall not lapse or be
transferred to any other fund or account.
(b) County Block Grants.--Money in the account that remains
unexpended from the State Treasury as of December 1, 2020, shall
be transferred by the State Treasurer to the Department of
Community and Economic Development for distribution to counties
eligible to receive funds under subarticle (d).
(c) Distribution.--By December 15, 2020, money transferred
under subsection (b) shall be distributed by the Department of
Community and Economic Development to each county eligible to
receive funds under subarticle (d) on a pro rata basis using the
population proportion amount calculated under section 130-C(e).
(d) Use of funds.--Money transferred to the Department of
Community and Economic Development and distributed to counties
under subsection (c) may be used only for eligible uses under
section 131-C.
(e) Notification by treasurer.--By November 29, 2020, the
State Treasurer shall notify the chairperson and minority
chairperson of the Appropriations Committee of the Senate and
the chairperson and minority chairperson of the Appropriations
Committee of the House of Representatives of the amount of money
in the account that is estimated to remain unexpended as of
December 1, 2020, and will be transferred to the Department of
Community and Economic Development.
(f) Notification.--By December 31, 2020, the Secretary of
the Department of Community and Economic Development shall
notify the chairperson and minority chairperson of the
Appropriations Committee of the Senate and the chairperson and
minority chairperson of the Appropriations Committee of the
House of Representatives of the amount of money distributed to
each county under subsection (c).
SUBARTICLE C
DEPARTMENT OF AGRICULTURE
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Section 120-C. Dairy Assistance.
(a) COVID Dairy Assistance.--Money appropriated for COVID
Relief - Dairy Assistance Program shall be used to make payments
to each dairy farm that experienced a loss from the production
of milk that was discarded during the proclamation of disaster
emergency issued by the Governor on March 6, 2020, published at
50 Pa.B. 1644 (March 21, 2020), and any renewal of the state of
disaster emergency, and applies for assistance. The payment
under this section shall be determined as follows:
(1) A minimum COVID Dairy Assistance payment equal to
$1,500; and
(2) A pro rata share of any funds remaining after
payments under paragraph (1) based upon the volume of the
dairy farm's milk that was discarded during the disaster
emergency compared to the total volume of milk discarded
during the disaster emergency.
(b) Application.--The Department of Agriculture shall
develop an application for dairy farmers to apply for assistance
under this section within 15 days of the effective date of this
section. The application shall be made available and posted on
the Department of Agriculture's publicly accessible Internet
website and be in a form that can be completed and returned by
the dairy farmer electronically or through United States mail.
The deadline for submitting applications to the department shall
be September 30, 2020.
(c) Methodology.--The Department of Agriculture, in
consultation with the Milk Marketing Board, shall determine the
method to calculate the volume of discarded milk.
(d) Payments.--Payments under this section shall be made no
later than November 30, 2020.
(e) Report.--By December 31, 2020, the Department of
Agriculture shall issue a report to the chairperson and minority
chairperson of the Appropriations Committee of the Senate and
the chairperson and minority chairperson of the Appropriations
Committee of the House of Representatives and post the report on
the Department of Agriculture's publicly accessible Internet
website. The report shall include the following information:
(1) The total number of dairy farms that applied for
assistance under this section.
(2) The total amount of discarded milk for which
assistance under this section was sought.
(3) The average amount of discarded milk per dairy farm
that applied for assistance under this section.
(4) An estimate of the total value of discarded milk for
which assistance was sought under this section.
(5) The average value of discarded milk per dairy farm
that applied for assistance under this section.
(6) The total number of dairy farms that received
assistance under this section by county.
(7) The total dollar value of assistance payments under
this section by county.
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(f) Definitions.--For the purpose of this section,
"discarded milk" shall be defined as the volume of milk produced
compared to the volume of milk that was hauled to a processor.
Section 121-C. Pennsylvania Agricultural Surplus System.
From money appropriated for COVID Relief - Dairy Assistance
Program, no more than $5,000,000 may be administered by the
Department of Agriculture under the provisions of the act of
November 23, 2010 (P.L.1134, No.113), known as the Pennsylvania
Agricultural Surplus System Act. The money shall be used to
donate, sell or otherwise provide dairy products to charitable
food organizations in existence within this Commonwealth.
Section 122-C. State Food Purchase Program.
Money appropriated for COVID Relief - State Food Purchase
Program shall be used for grants to counties for the purchase of
food to be provided to needy persons in this Commonwealth, which
shall be administered by the Department of Agriculture under the
provisions of the act of December 11, 1992 (P.L.807, No.129),
known as the State Food Purchase Program Act. This amount may
include no more than $5,000,000 to be used to donate, sell or
otherwise provide food products to charitable food organizations
in existence within this Commonwealth under the provisions of
the act of November 23, 2010 (P.L.1134, No.113), known as the
Pennsylvania Agricultural Surplus System Act.
SUBARTICLE D
DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT
Section 130-C. County Block Grant.
(a) General rule.--From money appropriated for COVID Relief
- County Block Grant for county block grants, each county shall
receive an amount equal to the population proportion amount as
determined by subsection (e).
(a.1) Distribution.--The Department of Community and
Economic Development shall distribute funding to counties on or
before July 15, 2020.
(b) Minimum distribution.--No county shall receive a
distribution under this section that is less than $1,000,000.
(c) Proration.--The distribution to a county shall be
adjusted on a pro rata basis to the extent necessary to meet the
minimum distribution requirements under subsection (b) and not
exceed the total amount appropriated for county block grants.
(d) Exclusion.--A county that has received a disbursement
directly from the Federal Government through the CARES Act is
not eligible to receive funds under this subarticle.
(e) Population proportion amount.--For the purposes of
subsection (a), the population proportion shall be determined as
follows:
(1) the population estimate of the county; divided by
(2) the sum of the population estimates of all counties
minus the sum of the population estimates of all counties
that received a disbursement directly from the Federal
Government through the CARES Act.
(f) Population estimate.--For purposes of this section, a
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county's population shall be equal to the published estimate by
the United States Census Bureau Population Estimates Program for
calendar year 2019.
Section 131-C. Eligible uses of funds.
Funds appropriated to a county for COVID Relief - County
Block Grant shall only be used for the following purposes:
(1) Offsetting the cost of direct county response,
planning and outreach efforts related to COVID-19, including
the purchase of personal protective equipment. A county may
incur direct administrative costs for the County Block Grant
Program under this subarticle not to exceed 2% of the amount
received, or $200,000, whichever is less.
(2) Small business grant programs to support businesses
with fewer than 100 employees with priority given to those
businesses that did not receive a loan or grant through the
Federal Paycheck Protection Program or the Economic Injury
Disaster Loan Program established under the CARES Act and to
support businesses and other entities that are primarily
engaged in the tourism industry, including State and county
fairs, regardless of the number of employees the business or
other entity has. Counties may utilize Community Development
Financial Institutions to administer all or a portion of
their small business grant programs.
(3) Grant programs to support the following entities for
costs related to assisting businesses during the COVID-19
disaster emergency:
(i) Certified Economic Development Organizations.
(ii) Local Development Districts.
(iii) Industrial Resource Centers.
(iv) Small Business Development Centers.
(v) Economic Development Corporations.
(4) Assistance to cities, boroughs, incorporated towns,
or townships located within the county for response and
planning efforts related to COVID-19, including the purchase
of personal protective equipment.
(5) Behavioral health and substance use disorder
treatment services.
(6) Nonprofit assistance programs for entities that are
an exempt organization under section 501(c)(3) or 501(c)(19)
of the Internal Revenue Code of 1986 (Public Law 99-514, 26
U.S.C. ยง 1 et seq.).
(7) Broadband Internet deployment with priority given to
unserved or underserved areas.
Section 132-C. Cultural and museum preservation grants.
(a) Use of funds.--From money appropriated for COVID Relief
- Cultural and Museum Preservation Grant Program, $20,000,000
shall be transferred to the authority and shall be used to make
grants under this subarticle.
(b) Definitions.--The following words and phrases when used
in this section shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
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"Authority." The Commonwealth Financing Authority.
"Eligible cultural organization." A facility or organization
meeting the criteria for grants under subsection (f) and that
was subject to closure by the proclamation of disaster emergency
issued by the Governor on March 6, 2020, published at 50 Pa.B.
1644 (March 21, 2020), and any renewal of the state of disaster
emergency and that experienced a loss of revenue related to the
closure.
"Museum." An institution that cares for and presents owned
or borrowed collections of artifacts and other objects of
artistic, cultural, historical or scientific importance that
presents the collection to the public for the purpose of
education and enjoyment and that was subject to closure by the
proclamation of disaster emergency issued by the Governor on
March 6, 2020, published at 50 Pa.B. 1644 (March 21, 2020), and
any renewal of the state of disaster emergency and that
experienced a loss of revenue related to the closure. The term
shall include each organization within a tax-exempt organization
that meets the criteria of this definition.
"Program." The COVID-19 Cultural and Museum Preservation
Grant Program established under subsection (c).
(c) Establishment of program.--The authority shall establish
the COVID-19 Cultural and Museum Preservation Grant Program.
(d) Purpose of program.--The program shall receive
applications and award grants to eligible cultural organizations
and museums in accordance with this section.
(d.1) Application.--The authority shall develop an
application for eligible cultural organizations and museums to
apply for grants under this section within 30 days of the
effective date of this section. The application shall be made
available and posted on the authority's publicly accessible
Internet website and be in a form that can be completed
electronically or through the United States mail.
(d.2) Deadline.--No application for a grant under this
section may be submitted after September 30, 2020.
(e) Guidelines.--The authority shall establish guidelines
that are consistent with the provisions of this section within
30 days of the effective date of this section. The guidelines
shall be:
(1) submitted to the Legislative Reference Bureau for
publication in the Pennsylvania Bulletin; and
(2) posted on the authority's publicly accessible
Internet website.
(f) Program requirements.--
(1) An eligible cultural organization or museum must be
one of the following categories:
(i) Children's museum.
(ii) General museum with at least two equally
significant disciplines.
(iii) History museum or historical site.
(iv) Military or maritime museum.
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(v) Natural history museum.
(vi) Accredited zoo.
(vii) Planetarium.
(viii) Science and technology center.
(ix) Orchestra.
(x) Art museum.
(xi) Performing arts organization.
(2) An eligible cultural organization or museum must
provide evidence that the eligible cultural organization or
museum has received funding prior to the effective date of
this section from the Pennsylvania Historical and Museum
Commission or the Department of Community and Economic
Development.
(g) Grant limits.--The authority may award a grant to an
eligible cultural organization or museum not to exceed $500,000.
(h) Award of grants.--The authority shall award grants and
make grant payments under this section no later than November
30, 2020.
(i) Expiration.--This section shall expire once all funds
transferred to the authority under subsection (a) have been
exhausted or December 1, 2020, whichever occurs first.
Section 133-C. Food Access Initiative.
From money appropriated to the Department of Community and
Economic Development for COVID Relief - Food Access Initiative,
$10,000,000 shall be distributed to the Food Access Initiative.
SUBARTICLE E
DEPARTMENT OF EDUCATION
Section 140-C. Department of Education.
(a) General rule.--This section shall apply to
appropriations to the Department of Education.
(b) Subject to subsection (d), from money appropriated for
the COVID Relief - Pre-K Counts Program, $7,000,000 shall be
distributed to the Pre-K Counts Program.
(c) Subject to subsection (d), from money appropriated for
the COVID Relief - Head Start Supplemental Assistance Program,
$2,000,000 shall be distributed to the Head Start State
Supplemental Assistance Program.
(d) The following shall apply:
(1) An eligible person or entity receiving a payment
under this section must be in operation as of March 31, 2020.
(2) A person or entity receiving a payment under this
section shall provide documentation to the Department of
Education, upon request, for purposes of an audit review.
(3) A payment received under this section may only be
used to cover necessary COVID-19 related costs, including,
but not limited to, a cost:
(i) not otherwise reimbursed by Federal, State or
another source of funding; and
(ii) incurred during the period between March 1,
2020, and November 30, 2020.
SUBARTICLE F
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DEPARTMENT OF HEALTH
Section 150-C. Department of Health.
(a) General rule.--Subject to subsection (b), from money
appropriated for the COVID Relief - Community-Based Health Care
Centers, $10,000,000 shall be used for making payments to
community-based health care centers as a one-time payment to
each facility, which shall be determined as follows:
(1) Divide:
(i) the facility's Coronavirus Aid, Relief, and
Economic Security Act Supplemental Funding grant award
from Health Resources and Services Administration; by
(ii) The total of all community-based health care
centers' Coronavirus Aid, Relief, and Economic Security
Act Supplemental Funding grant award from Health
Resources and Services Administration.
(2) Multiply the quotient under paragraph (1) by
$10,000,000.
(b) Limitations.--The following shall apply:
(1) An eligible person or entity receiving a payment
under this section must be in operation as of March 31, 2020.
(2) A person or entity receiving a payment under this
section shall provide documentation to the Department of
Health, upon request, for purposes of an audit review.
(3) A payment received under this section may only be
used to cover necessary COVID-19 related costs, including,
but not limited to, those:
(i) not otherwise reimbursed by Federal, State or
another source of funding.
(ii) incurred during the period between March 1,
2020, and November 30, 2020.
SUBARTICLE G
DEPARTMENT OF HUMAN SERVICES
Section 160-C. Use of money.
(a) Uses.--The following shall apply:
(1) Subject to paragraph (11), from money appropriated
for COVID Relief - Long-Term Living Programs, $457,000,000
shall be used for the following purposes:
(i) The sum of $245,000,000, for the purpose of
making payments to nonpublic and county nursing
facilities, which shall be allocated as follows:
(A) Of the amount under this subparagraph,
$196,000,000 shall be distributed as a one-time
payment to each nonpublic and county nursing
facility, which shall be determined as follows:
(I) Divide:
(a) the facility's number of medical
assistance days for the third quarter of
calendar year 2019 as reported under Article
VIII-A of the act of June 13, 1967 (P.L.31,
No.21), known as the Human Services Code; by
(b) the total number of medical
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assistance days for all facilities for the
third quarter of calendar year 2019 as
reported under Article VIII-A of the Human
Services Code.
(II) Multiply:
(a) the quotient under subclause (I); by
(b) $196,000,000.
(B) Of the amount under this subparagraph,
$49,000,000 shall be distributed as a one-time
payment to each nonpublic and county nursing
facility, which shall be determined as follows:
(I) Divide:
(a) the number of the facility's
licensed beds as of March 31, 2020; by
(b) the total licensed beds of all
nonpublic and county nursing facilities as of
March 31, 2020.
(II) Multiply:
(a) the quotient under subclause (I); by
(b) $49,000,000.
(ii) The sum of $140,000,000 for the purpose of
making payments for personal assistance services provided
by home health care agencies, home care agencies and
direct care workers employed through the participant-
directed employer model. Each home health care provider,
home care provider or direct care worker employed through
the participant-directed employer model shall receive a
one-time payment, which shall be determined as follows:
(A) Of the amount under this subparagraph,
$112,000,000 shall be distributed as a one-time
payment to a home health care provider or home care
provider, which shall be determined as follows:
(I) Divide:
(a) the provider's number of medical
assistance 15-minute units, excluding
overtime, invoiced in the third quarter of
calendar year 2019; by
(b) the total medical assistance 15-
minute units for all home health care
providers and home care providers, excluding
overtime, invoiced in the third quarter of
calendar year 2019.
(II) Multiply:
(a) the quotient under subclause (I); by
(b) $112,000,000.
(B) Of the amount under this subparagraph,
$28,000,000 shall be distributed as a one-time
payment to each direct care worker employed through
the participant-directed employer model who provides
personal assistance services, which shall be
determined as follows:
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(I) Divide:
(a) the number of medical assistance
personal assistance 15-minute units provided
by a direct care worker employed through the
participant-directed employer model,
excluding overtime, invoiced in the third
quarter of calendar year 2019; by
(b) all medical assistance personal
assistance 15-minute units provided by all
direct care workers employed through the
participant-directed employer model,
excluding overtime, invoiced in the third
quarter of calendar year 2019.
(II) Multiply:
(a) the quotient under subclause (I); by
(b) $28,000,000.
(iii) The sum of $50,000,000 for the purpose of
making payments to assisted living residences and
personal care homes, which shall be allocated as follows:
(A) Of the amount under this subparagraph,
$45,000,000 shall be distributed as a one-time
payment to each assisted living residence and
personal care home, which shall be determined as
follows:
(I) Divide:
(a) the occupancy of the assisted living
residence or personal care home, as
determined by the Department of Human
Services' most recent inspection on or before
April 1, 2020; by
(b) the total occupancy of all assisted
living residences, including those with a
special care designation, and personal care
homes, as determined by the Department of
Human Services' most recent inspections on or
before April 1, 2020.
(II) Multiply:
(a) the quotient under subclause (I); by
(b) $45,000,000.
(B) Of the amount under this subparagraph,
$5,000,000 shall be distributed as a one-time payment
to each personal care home, which shall be determined
as follows:
(I) Divide:
(a) the personal care facility's number
of individuals for whom the facility received
a payment from the Department of Human
Services for Supplemental Security Income in
March 2020; by
(b) the total of all personal care
facilities' individuals for whom payments for
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Supplemental Security Income were made by the
Department of Human Services in March 2020.
(II) Multiply:
(a) the quotient under subclause (I); by
(b) $5,000,000.
(iv) The sum of $13,000,000 for the purpose of
making payments for adult day care services as a one-time
payment to each adult day care services provider, which
shall be determined as follows:
(A) Divide:
(I) the adult day care services provider's
total medical assistance fee-for-service and
Community HealthChoices payments for the third
quarter of calendar year 2019; by
(II) the sum of all adult day care services
providers' medical assistance fee-for-service and
Community HealthChoices payments for the third
quarter of calendar year 2019.
(B) Multiply:
(I) the quotient under clause (A); by
(II) $13,000,000.
(v) The sum of $1,000,000 for the purpose of making
payments for residential habilitation services as a one-
time payment to each provider, which shall be determined
as follows:
(A) Divide:
(I) the residential habilitation services
provider's total medical assistance fee-for-
service and Community HealthChoices payments for
the third quarter of calendar year 2019; by
(II) The total sum of all residential
habilitation medical assistance fee-for-service
and Community HealthChoices payments for the
third quarter of calendar year 2019.
(B) Multiply:
(I) the quotient under clause (A); by
(II) $1,000,000.
(vi) The following shall apply:
(A) The sum of $8,000,000 for the purpose of
making payments for eligible Medicaid ventilator or
tracheostomy qualified medical assistance nonpublic
and county nursing facilities. A nonpublic or county
nursing facility will qualify for payment if, based
upon The Supplemental Ventilator Care and
Tracheostomy Care Payments for December 2019, the
facility had:
(I) Ten or more medical assistance recipient
residents who received medically necessary
ventilator care or tracheostomy care; and
(II) At least 17% of the facility's medical
assistance recipient resident population received
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medically necessary ventilator care or
tracheostomy care.
(B) The amount appropriated under this
subparagraph shall be distributed as a one-time
payment to each qualified medical assistance
nonpublic and county nursing facility, determined as
follows:
(I) Divide:
(a) The facility's number of medical
assistance recipient residents who receive
necessary ventilator care or tracheostomy
care for the third quarter of calendar year
2019; by
(b) The sum of all qualified medical
assistance nonpublic and county nursing
facilities' number of medical assistance
recipient residents who receive necessary
ventilator care or tracheostomy care for the
third quarter of calendar year 2019.
(II) Multiply:
(a) the quotient under subclause (I); by
(b) $8,000,000.
(2) Subject to paragraph (11), from money appropriated
for COVID Relief - Community HealthChoices, $50,000,000 shall
be used for making payments to Community HealthChoices
managed care organizations as a one-time payment to each
organization, which shall be determined as follows:
(i) Divide:
(A) the Community HealthChoices managed care
organization's number of medical assistance nursing
facility clinically eligible participants as of March
31, 2020; by
(B) the total of all Community HealthChoices
managed care organizations' number of medical
assistance nursing facility clinically eligible
recipients as of March 31, 2020.
(ii) Multiply:
(A) the quotient under subparagraph (i); by
(B) $50,000,000.
(3) Subject to paragraph (11), from money appropriated
for COVID Relief โ€“ Long-Term Care - Managed Care, $10,000,000
shall be used for making payments to organizations that have
entered into an agreement with the Department of Human
Services to operate a life program, as defined under section
602 of the Human Services Code, in a specified county or set
of counties, as determined by the department. Each
organization shall receive a one-time payment, which shall be
determined as follows:
(i) Divide:
(A) the organization's total amount reimbursed
for long-term care - managed care for the first
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quarter of calendar year 2020; by
(B) the total amount reimbursed for long-term
care - managed care for the first quarter of calendar
year 2020.
(ii) Multiply:
(A) the quotient under subparagraph (i); by
(B) $10,000,000.
(4) Subject to paragraph (11), from money appropriated
for COVID Relief - Intellectual Disabilities - Community
Waiver Program, $259,280,000 shall be allocated for the
intellectual disabilities community waiver program.
(5) Subject to paragraph (11), from money appropriated
for COVID Relief - Autism Services, $720,000 shall be
allocated for autism intervention and services.
(6) Subject to paragraph (11), from money appropriated
for COVID Relief - Child-Care Services, $116,000,000 shall be
allocated for child care services. No money under this
paragraph shall be made available before the Department of
Human Services completes a study on the economic impacts of
child care closures during the proclamation of disaster
emergency issued by the Governor on March 6, 2020, published
at 50 Pa. B. 1644 (March 21, 2020), and any renewal of the
state of disaster emergency. The Department of Human Services
shall use the study to develop criteria for distribution of
the appropriation to eligible child care providers.
(7) Subject to paragraph (11), from money appropriated
for COVID Relief - Domestic Violence Programs, $10,000,000
shall be allocated for domestic violence and housing support
services.
(8) Subject to paragraph (11), from money appropriated
for COVID Relief - Homeless Assistance Services, $10,000,000
shall be allocated for the homeless assistance program.
Counties that participate in the Human Services Block Grant
Program under Article XIV-B of the Human Services Code must
use these funds for eligible services under the homeless
assistance program.
(9) Subject to paragraph (11), from money appropriated
for COVID Relief - Legal Services, $8,000,000 shall be
allocated for legal services.
(10) Subject to paragraph (11), from money appropriated
for COVID Relief - Critical Access Hospitals, $10,000,000
shall be used for making payments to critical access
hospitals as a one-time payment to each facility, which shall
be determined as follows:
(i) Divide:
(A) The facility's fiscal year 2019-2020
allocation by;
(B) The total of all critical access hospitals
allocations for fiscal year 2019-2020.
(ii) Multiply:
(A) the quotient under subparagraph (i); by
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(B) $10,000,000.
(11) The following apply:
(i) An eligible person or entity receiving a payment
under this section must be in operation as of March 31,
2020.
(ii) A person or entity receiving a payment under
this section shall provide documentation to the
Department of Human Services, upon request, for purposes
of an audit review.
(iii) A payment received under this section may only
be used to cover necessary COVID-19 related costs,
including, but not limited to, a cost:
(A) not otherwise reimbursed by Federal, State
or other source of funding; and
(B) incurred during the period between March 1,
2020, and November 30, 2020.
(b) (Reserved).
SUBARTICLE H
PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY
Section 170-C. Health Care System Assistance.
Money appropriated for COVID Relief - Health Care System
Assistance to the Pennsylvania Emergency Management Agency shall
be used to acquire medical equipment and supplies for health
care entities to meet urgent patient and staff needs to address
surge demand. Health care entities shall include, but not be
limited to, hospitals, nursing facilities and emergency medical
services.
SUBARTICLE I
PENNSYLVANIA HIGHER EDUCATION ASSISTANCE AGENCY
Section 180-C. COVID - 19 Student Loan Interest Forbearance
Program.
(a) Program.--Money appropriated for COVID Relief - Student
Loan Interest Forbearance Program to the Pennsylvania Higher
Education Assistance Agency shall be used to temporarily relieve
Pennsylvania student loan borrowers from interest payments for
non-defaulted private loans that are held and identified by the
Pennsylvania Higher Education Assistance Agency.
(b) Methodology.--To implement the program under subsection
(a), the Pennsylvania Higher Education Assistance Agency shall:
(1) Automatically place all borrowers that are in a
repayment status into a forbearance status suspending
payments until September 30, 2020.
(2) Allow borrowers who are placed into a forbearance
status under paragraph (1) an option to continue payments at
the borrower's discretion.
(3) Waive the interest accrual on Pennsylvania Higher
Education Assistance Agency-owned private student loans until
September 30, 2020.
(4) Make the program available beginning March 13, 2020,
and ending September 30, 2020.
(c) Expiration.--This section shall expire once all funds
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allocated under this section have been exhausted or November 30,
2020, whichever occurs first.
SUBARTICLE J
PENNSYLVANIA HOUSING FINANCE AGENCY
Section 190-C. Definitions.
The following words and phrases when used in this subarticle
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Agency." The Pennsylvania Housing Finance Agency.
"Eligible landlord." An individual or entity owning a place
of residence that leases the residence to an individual and that
experienced a loss of rental income because the lessee became
unemployed after March 1, 2020, or the lessee had their annual
household income reduced by 30% or more due to reduced work
hours and wages related to COVID-19. The loss of rental income
must be at least 30 days past due.
"Lessee." An individual who leases a place of residence in
which the individual will permanently reside.
Section 191-C. Mortgage and Rental Assistance Program.
(a) Establishment of program.--The agency shall establish
the COVID Relief โ€“ Mortgage and Rental Assistance Grant Program.
(b) Purpose of the program.--The program shall receive
applications from lessees, landlords, mortgagees and mortgagors
and award grants to eligible landlords and mortgagees in
accordance with this act.
(c) Use of funds.--Money appropriated to the Pennsylvania
Housing Finance Agency for COVID Relief - Mortgage and Rental
Assistance shall be used to make grants under this subarticle.
(d) Allocation.--The agency shall allocate a minimum of
$150,000,000 of the funds received for use under this subarticle
for rental assistance grants.
(e) Guidelines.--The agency shall establish guidelines that
are consistent with the provisions of this subarticle within 30
days of the effective date of this section. The guidelines shall
be:
(1) submitted to the Legislative Reference Bureau for
publication in the Pennsylvania Bulletin; and
(2) posted on the agency's publicly accessible Internet
website.
(g) Program requirements.--The following shall apply:
(1) An eligible lessee, mortgagor, landlord or mortgagee
shall submit to the agency the name of the lessee or
mortgagor from whom rental or mortgage payments are sought,
along with any additional information deemed necessary by the
agency to carry out the agency's responsibilities under this
section.
(2) Assistance may be awarded to lessors or mortgagees
on behalf of lessees or mortgagors who became unemployed
after March 1, 2020, or had their annual household income
reduced by 30% or more due to reduced work hours and wages
related to COVID-19.
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(3) The agency shall develop an application for eligible
lessees, mortgagors, landlords or mortgagees to apply for
assistance under this section within 30 days of the effective
date of this section. The application shall include an
attestation by the landlord or mortgagee releasing the lessee
or mortgagor of any remaining obligation for any past due or
future rent or mortgage payment for which the agency pays the
landlord or mortgagee. The application shall be made
available and posted on the agency's publicly accessible
Internet website and be in a form that can be completed and
returned by the lessee, mortgagor, landlord or mortgagee
electronically or through the United States mail. The
deadline for submitting applications to the agency shall be
September 30, 2020.
(4) The agency shall verify the name of the lessee or
mortgagor with the Department of Labor and Industry's Bureau
of Unemployment Compensation to ensure the lessee or
mortgagor became unemployed after March 1, 2020.
(5) The agency shall require any applicant seeking
assistance based on reduced work hours or wages related to
the coronavirus pandemic to submit information verifying such
information.
(6) The agency shall make payments only to lessors or
mortgagees.
(7) The agency shall make payments only on behalf of
households with an annualized current income of no more than
the upper limit of "median income" as defined in guidelines
published annually by the United States Department of Housing
and Urban Development.
(8) The agency shall notify each lessee or mortgagor of
the amount of payment made to the landlord or mortgagee on
the lessee's or mortgagor's behalf.
(9) The agency shall make payments as follows:
(i) For rental assistance, an amount equal to 100%
of the lessee's monthly rent, not to exceed $750 per
month, for each month for which assistance is sought for
a maximum of six months. Payments shall be made no later
than November 30, 2020.
(ii) For mortgage assistance, an amount equal to
100% of the mortgagor's monthly mortgage, not to exceed
$1,000 per month, for each month for which assistance is
sought for a maximum of six months. Payments shall be
made no later than November 30, 2020.
(h) Report.--By December 31, 2020, the agency shall issue a
report to the chairperson and minority chairperson of the
Appropriations Committee of the Senate and the chairperson and
minority chairperson of the Appropriations Committee of the
House of Representatives and post the report on the agency's
publicly accessible Internet website. The report shall include
the following information:
(1) The total number of landlords who applied for
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assistance under this section.
(2) The total number of mortgagees who applied for
assistance under this section.
(3) The total amount of assistance that was sought.
(4) The average amount of assistance that was applied
for under this section.
(5) The average amount of assistance that was provided
under this section.
(6) The total number of landlords and mortgagees who
received assistance under this section by county.
(7) The value of payments made by the agency under this
section by county.
SUBARTICLE K
STATE SYSTEM OF HIGHER EDUCATION
Section 190.1-C. State University Assistance.
(a) Program.--Money appropriated for COVID Relief - State
Universities shall be used by the State System of Higher
Education to make payments to State universities for costs
resulting from the proclamation of disaster emergency issued by
the Governor on March 6, 2020, published at 50 Pa.B. 1644 (March
21, 2020), and any renewal of the state of disaster emergency.
(b) Determination of payments.--Payments made under this
section to each State university shall be determined as follows:
(1) Multiply:
(i) the 2019 fall headcount enrollment for each
State university; by
(ii) the amount of the appropriation for COVID
Relief - State Universities.
(2) Divide:
(i) the product under paragraph (1); by
(ii) the 2019 fall headcount enrollment for all
State universities.
(c) Payment deadline.--Payments made under this section
shall be made no later than July 15, 2020.
(d) Report.--By July 31, 2020, the Chancellor of the State
System of Higher Education shall issue a report to the
chairperson and minority chairperson of the Appropriations
Committee of the Senate and the chairperson and minority
chairperson of the Appropriations Committee of the House of
Representatives and post the report on the State System of
Higher Education's publicly accessible Internet website. The
report shall include the following information:
(1) The 2019 fall headcount enrollment for each State
university.
(2) The 2019 fall headcount enrollment for all State
universities.
(3) The payment made to each State university under this
section.
(4) The total payments made to all State universities
under this section.
(e) Definitions.--As used in this section, the following
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words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Fall headcount enrollment." The number of students enrolled
in credit-bearing courses and the number of students enrolled in
clock-hour programs.
"State university." A university which is part of the State
System of Higher Education under Article XX-A of the act of
March 10, 1949 (P.L.30, No.14), known as the Public School Code
of 1949.
Section 2. The act is amended by adding a section to read:
Section 1735.1-A.1. Return of COVID-19 response transfers.
(a) Return of special fund transfers.--Any money transferred
from special funds under the Governor's jurisdiction to a
restricted account under section 1735-A.1 shall be returned to
each special fund in an amount equal to the initial transfer.
(b) Deposit.--Money returned under subsection (a) shall be
transferred to the applicable special fund from which the money
was transferred under section 1735-A.1 and deposited by July 31,
2020.
(c) Restriction on use of returned funds.--After deposit
under subsection (b), no department, commission, agency, office
or authority of the Governor or the Commonwealth shall expend
any portion of money deposited into a special fund under
subsection (b) unless appropriated by the General Assembly.
Section 3. This act shall take effect immediately.
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See A05989 in
the context
of HB2510