H0253B1633A03550 MSP:CMD 01/24/22 #90 A03550
AMENDMENTS TO HOUSE BILL NO. 253
Sponsor: SENATOR BROWNE
Printer's No. 1633
Amend Bill, page 1, lines 1 through 3, 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," in emergency COVID-19 response, further
providing for money in account; and providing for opioid
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abuse child impact task force and for ARPA health care
workforce supports.
Amend Bill, page 1, lines 6 through 17; pages 2 through 6,
lines 1 through 30; page 7, lines 1 through 8; by striking out
all of said lines on said pages and inserting
Section 1. Section 111-C(g) of the act of April 9, 1929
(P.L.343, No.176), known as The Fiscal Code, added June 30, 2021
(P.L.62, No.24), is amended to read:
Section 111-C. Money in account.
* * *
(g) Transfer.--
(1) Federal money from the Coronavirus State Fiscal
Recovery Fund in the account other than amounts appropriated
under Part XXX of the act of June 30, 2021 (P.L.1325, No.1A),
known as the General Appropriation Act of 2021, and Article
I-J, shall be transferred to the General Fund for use under
[42 U.S.C. § 802(c)(1) (Public Law 117-2, 135 Stat. 223)]
section 602(c)(1) of the Social Security Act (49 Stat. 620,
42 U.S.C. § 802(c)(1)) for fiscal years beginning after June
30, 2022.
(2) A transfer under paragraph (1) shall be made by the
State Treasurer on the following schedule:
(i) For the 2022-2023 fiscal year, the transfer
shall be made no earlier than July 31, 2022.
(ii) For the 2023-2024 fiscal year, the transfer
shall be made no earlier than July 31, 2023.
(3) The amount of the transfer under paragraph (1) made
for a fiscal year may not be higher than the amount which may
be used for the fiscal year under 42 U.S.C. § 802(c)(1).
(4) Any money which remains in the account after a
transfer under paragraph (1) shall be transferred under
paragraph (2) in the following fiscal year.
Section 2. The act is amended by adding articles to read:
ARTICLE I-I
OPIOID ABUSE CHILD IMPACT TASK FORCE
Section 101-I. Declaration of policy.
The General Assembly finds and declares as follows:
(1) This Commonwealth is one of the states which has
been hardest hit by an epidemic of heroin and prescription
opioid abuse and addiction that is plaguing American society.
(2) One of the more tragic consequences of this epidemic
is the devastating impact it has had and continues to have on
infants and children.
(3) Newborns are suffering through withdrawal from
opioids because of prenatal exposure to these drugs.
(4) Fatalities and near fatalities of infants and young
children have been linked to parental substance abuse.
(5) Cases of child abuse and neglect linked to parental
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substance abuse are increasing, as are the number of children
being removed from their homes and placed in protective
custody because of their parents' drug addiction.
(6) The Commonwealth has a responsibility to protect its
residents, especially children.
Section 102-I. 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:
"Task force." The task force established in section 103-I.
Section 103-I. Establishment.
A task force on the opioid abuse epidemic's impact on
children is established. The task force shall focus on improving
the safety, well-being and permanency of substance-exposed
infants and other young children affected by their parents'
substance abuse disorders.
Section 104-I. Responsibilities.
The task force is responsible for:
(1) Identifying strategies and making short-term and
long-term recommendations to prioritize the prevention of
substance-exposed infants.
(2) Improving outcomes for pregnant and parenting women
who are striving to recover from addiction.
(3) Promoting the health, safety and permanency of
substance-exposed infants and other young children at risk of
child abuse and neglect or placement in foster care due to
parental alcohol and drug use.
(4) Ensuring that the Commonwealth is compliant with the
Child Abuse Prevention and Treatment Act (Public Law 93-247,
42 U.S.C. § 5101 et seq.) related to identifying substance-
exposed infants and is developing multidisciplinary plans of
safe care for these infants.
Section 105-I. Members and meetings.
(a) Members.--The task force is comprised of the following
members:
(1) The Secretary of Human Services or a designee who
shall be an employee of the Department of Human Services. The
designee shall be appointed by the Secretary of Human
Services in writing, and a copy of the appointment shall be
submitted to the chairperson of the task force.
(2) The Secretary of Health or a designee who shall be
an employee of the Department of Health. The designee shall
be appointed by the Secretary of Health in writing, and a
copy of the appointment shall be submitted to the chairperson
of the task force.
(3) The Secretary of Drug and Alcohol Programs or a
designee who shall be an employee of the Department of Drug
and Alcohol Programs. The designee shall be appointed by the
Secretary of Drug and Alcohol Programs in writing, and a copy
of the appointment shall be submitted to the chairperson of
the task force.
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(4) Three members appointed by the Senate, as follows:
(i) two members appointed by the President pro
tempore of the Senate, one of whom shall be a layperson
who is a biological parent, foster parent or adoptive
parent of an infant or young child with current or
previous involvement in the child welfare system as a
result of a parent's substance abuse; and
(ii) one member appointed by the Minority Leader of
the Senate.
(5) Three members appointed by the House of
Representatives, as follows:
(i) two members appointed by the Speaker of the
House of Representatives, one of whom shall be a
layperson who is a biological parent, foster parent or
adoptive parent of an infant or young child with current
or previous involvement in the child welfare system as a
result of a parent's substance abuse; and
(ii) one member appointed by the Minority Leader of
the House of Representatives.
(6) Two members appointed by the Governor.
(b) Qualifications.-- Except for laypersons appointed under
subsection (a)(4)(i) and (5)(i), individuals appointed under
subsection (a)(4), (5) or (6) must possess professional
experience and expertise in:
(1) obstetric medicine;
(2) pediatric medicine;
(3) behavioral health treatment;
(4) early intervention programs;
(5) county children and youth agency services;
(6) child advocacy; or
(7) neonatal intensive care unit nursing.
(c) Chairperson.--The Governor shall select the chairperson
of the task force.
(d) Appointment.--The members of the task force shall be
appointed within 25 days after the effective date of this
section.
(e) Quorum.--The physical presence of seven members
constitutes a quorum of the task force.
(f) Majority vote.--An action of the task force shall be
authorized or ratified by a majority vote of its members.
(g) Meetings.--
(1) The task force shall meet as necessary but no fewer
than five times during the period ending two months prior to
the issuance date of the report. The first meeting shall be
convened within 45 days following the effective date of this
section.
(2) Additional meetings may be called by the chairperson
as necessary.
(3) The chairperson shall schedule a meeting upon
written request of eight members of the task force.
(4) A member not physically present may participate by
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teleconference or video conference.
(h) Compensation.--Members of the task force shall not
receive compensation but shall be reimbursed for reasonable and
necessary expenses incurred in service of the task force.
Section 106-I. Duties.
The task force has the following duties:
(1) To examine and analyze the existing practices,
processes, procedures and laws relating to the diagnosis and
treatment of substance-exposed infants.
(2) To review and analyze the existing practices,
processes, procedures and laws relating to the safety, well-
being, permanency and placement of children at risk due to
their parents' substance abuse disorders.
(3) To hold public hearings for the taking of testimony
and the requesting of documents.
(4) To make relevant recommendations for improving the
safety, well-being and permanency of substance-exposed
infants and other children adversely affected by their
parents' substance abuse disorders.
(5) To issue a report in accordance with section 109-I.
Section 107-I. Hearings.
The task force shall hold public hearings as necessary to
obtain the information required to conduct its review.
Section 108-I. Agency cooperation.
The Department of Human Services, the Department of Health
and the Joint State Government Commission shall cooperate to
provide administrative or other assistance to the task force.
Section 109-I. Reports.
(a) General rule.--The task force shall prepare and submit,
two months prior to the expiration date of this article, a final
report on its activities, findings and recommendations to the
Governor, the Senate and the House of Representatives. The task
force may file status reports and updates with the Governor, the
Senate and the House of Representatives as it deems appropriate.
(b) Adoption of report.--A report under this section shall
be adopted at a public meeting.
(c) Public record.--A report under this section shall be
available to the public.
Section 110-I. Expiration.
This article expires 12 months after the effective date of
this section.
ARTICLE I-J
ARPA HEALTH CARE WORKFORCE SUPPORTS
Section 101-J. 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:
"Behavioral health provider." The following:
(1) A long-term structured residence licensed under 55
Pa. Code Ch. 5320 (relating to requirements for long-term
structured residence licensure).
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(2) A residential treatment facility for adults licensed
under Article X of the act of June 13, 1967 (P.L.31, No.21),
known as the Human Services Code.
(3) A residential treatment facility licensed under 55
Pa. Code Ch. 3800 (relating to child residential and day
treatment facilities) that meets the Medical Assistance
reimbursement requirements for the provision of mental health
treatment services provided in a residential treatment
facility, as determined by the Department of Human Services.
The term shall include psychiatric residential treatment
facilities and nonaccredited residential treatment
facilities.
(4) A private psychiatric hospital licensed under 55 Pa.
Code Ch. 5300 (relating to private psychiatric hospitals).
(5) An inpatient hospital psychiatric unit approved
under 55 Pa. Code Ch. 5100 (relating to mental health
procedures).
"Clinical care services." The diagnostic, treatment or
rehabilitative services provided in an entity, including the
following services:
(1) Radiology and diagnostic imaging, such as magnetic
resonance imaging and positron emission tomography.
(2) Radiation therapy.
(3) Respiratory therapy.
(4) Phlebotomy.
(5) Electrocardiogram and electroencephalography.
(6) Laboratory medical services.
"Critical access hospital." A hospital that meets either of
the following:
(1) Has qualified under section 1861(mm)(1) of the
Social Security Act (49 Stat. 620, 42 U.S.C. § 1395x(mm)(1))
as a critical access hospital under Medicare.
(2) A rural hospital that is licensed under section 808
of the act of July 19, 1979 (P.L.130, No.48), known as the
Health Care Facilities Act, that provides inpatient medical
care and other related services for surgery, acute medical
conditions or injuries and that meet all of the following:
(i) Is located in a county of the sixth, seventh or
eighth class that has no more than two Medical
Assistance-enrolled general acute care hospitals.
(ii) Is located in a county that has greater than
17% of its population that are eligible for Medical
Assistance or has greater than 10,000 persons eligible
for Medical Assistance.
(iii) Has no more than 200 licensed and staffed
beds.
(iv) Does not qualify as a critical access hospital
under section 1861(mm)(1) of the Social Security Act as a
critical access hospital under Medicare.
"Direct patient care activities." The direct performance of
any the following services to a patient by qualified staff:
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(1) Assessment.
(2) Examination.
(3) Treatment.
(4) Medication administration.
(5) Rehabilitation.
(6) Direct care services.
(7) Preparation for clinical care services.
"Entity." A behavioral health provider, critical access
hospital, hospital or high Medical Assistance hospital.
"High Medical Assistance hospital." As determined under the
Medical Assistance dependency payment provisions of the
Commonwealth's approved Title XIX State Plan, based on a
hospital's approved Medical Assistance cost report for fiscal
year 2018-2019.
"Hospital." As follows:
(1) The term shall include the following:
(i) A hospital licensed by the Department of Health
under section 808 of the Health Care Facilities Act that
provides inpatient medical care and other related
services for surgery, acute medical conditions or
injuries.
(ii) A hospital licensed by the Department of Health
under section 808 of the Health Care Facilities Act that
specializes in services exclusively to infants, children,
adolescents and young adults from birth up to the age of
21.
(iii) A critical access hospital.
(2) The term shall not include a Federal veterans'
affairs hospital and a State-owned psychiatric hospital.
"Qualified staff." An employee of an entity who is involved
in direct patient care activities, environmental services or
clinical care services. The term shall not include behavioral
health executives, hospital executives, contracted staff,
administrators and administrative support staff or physicians.
Section 102-J. Department of Human Services.
(a) Hospital qualified staff retention and recruitment
payments.--F rom money appropriated to the Department of Human
Services under subsection (e)(1), $100,000,000 shall be used for
making payments to hospitals for making retention and
recruitment payments to qualified staff, which shall be
distributed as one-time payments to each hospital, determined as
follows:
(1) Divide:
(i) the number of a hospital's licensed beds as of
December 30, 2021, as determined in consultation with the
Department of Health; by
(ii) the total licensed hospital beds as of December
30, 2021, as determined in consultation with the
Department of Health.
(2) Multiply:
(i) the quotient under paragraph (1); by
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(ii) $100,000,000.
(b) Other qualified staff retention and recruitment
payments .--From money appropriated to the Department of Human
Services under subsection (e)(2), $110,000,000 shall be used for
making payments to behavioral health providers, critical access
hospitals and high Medical Assistance hospitals for staff
retention and recruitment payments to qualified staff, which
shall be distributed as one-time payments to each behavioral
health provider, critical access hospital and high Medical
Assistance hospital, determined as follows:
(1) Divide:
(i) the unduplicated number of the licensed beds of
a behavioral health provider, critical access hospital or
high Medical Assistance hospital as of December 30, 2021,
as determined in consultation with the Department of
Health; by
(ii) the unduplicated total licensed beds of all
behavioral health providers, critical access hospitals
and high Medical Assistance hospitals as of December 30,
2021, as determined in consultation with the Department
of Health.
(2) Multiply:
(i) the quotient under paragraph (1); by
(ii) $110,000,000.
(c) Conditions.--The following apply to receipt of payments
received under this section:
(1) A payment received from the Department of Human
Services under this section may not supplant existing staff
wages and may not otherwise be reimbursed by Federal or State
funding.
(1.1) A qualified staff member may only receive one
payment for retention or recruitment under this section.
(2) An entity receiving a payment from the Department of
Human Services under this section must be in operation as of
December 30, 2021, and must maintain operations until at
least December 31, 2022.
(3) An entity receiving a payment from the Department of
Human Services under this section shall spend the funds by
the following deadlines:
(i) Staff retention payments under subsections (a)
and (b) shall be made within 90 days of receipt of
payment.
(ii) Staff recruitment payments under subsections
(a) and (b) shall be made within 180 days of receipt of
payment.
(4) An entity receiving a payment from the Department of
Human Services under this section shall submit a report, in a
form and manner as prescribed by the Department of Human
Services, as follows:
(i) An entity receiving a payment from the
department under subsections (a) and (b) shall submit a
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report to the department by:
(A) September 30, 2022, regarding staff
retention payments.
(B) December 31, 2022, regarding staff
recruitment payments.
(ii) A report under this paragraph shall include the
following information:
(A) The number of staff payments or bonuses,
including any additional retention and recruitment
incentives, regardless of funding source.
(B) The ratio of permanent staff to contracted
agency/temporary staff as of December 30, 2021,
versus that ratio as of the submission date of the
report.
(C) The amount of a staff payment or bonus per
employee, including the total number of each type of
payment or bonus.
(D) The types or classification of employees
that received a bonus or payment.
(E) The criteria used for determining a staff
payment or bonus, including whether and how staff
were engaged in the determination.
(F) The plan for recruitment and retention
through December 31, 2023.
(G) The number of the employees who received a
bonus or payment, including the number of employees
who received a bonus or payment and are still
employed at the facility on the submission date of
the report.
(H) Any other criteria required by Federal or
State law or guidance.
(5) The Department of Human Services may recover a
payment from an entity that receives payment from the
department under this section if the entity does not comply
with the provisions of this section or with Federal or State
law or guidance. An entity that receives a payment from the
department under this section shall provide documents,
records and other information related to a payment made under
this section in the time, manner and format requested by
either the Department of Human Services or by any other
Commonwealth or Federal agency that is authorized to audit
the payments.
(d) Report.--Within 90 days of the reporting deadlines under
subsection (c), the Department of Human Services, in
consultation with the Department of Health, 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 regarding the aggregate employee bonus
and payment information received under subsection (c). The
report shall be posted to the Department of Human Services'
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publicly accessible Internet website. The publicly available
report may not include any proprietary recruitment and retention
plan information.
(e) Appropriation.--The following Federal amounts are
appropriated on a continuing basis from the COVID-19 Response
Restricted Account to the Department of Human Services:
(1) The sum of $100,000,000 is appropriated to the
Department of Human Services for COVID Relief - Hospital
Workforce Assistance in accordance with this section.
(2) The sum of $110,000,000 is appropriated to the
Department of Human Services for COVID Relief - Healthcare
Workforce Assistance in accordance with this section.
Section 103-J. Pennsylvania Higher Education Assistance Agency.
(a) Student Loan Relief for Nurses Program.--Notwithstanding
any other provision of law, from money appropriated to the
Pennsylvania Higher Education Assistance Agency under subsection
(b), $15,000,000 shall be used to fund the Pennsylvania Student
Loan Relief for Nurses Program.
(b) Federal funds.--From the COVID-19 Response Restricted
Account, Federal funds are appropriated on a continuing basis in
the sum of $15,000,000 to the Pennsylvania Higher Education
Assistance Agency for Pennsylvania Student Loan Relief for
Nurses Program in accordance with this section.
Section 2. This act shall take effect immediately.
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