THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY MURT, BAKER, BENNINGHOFF, BISHOP, BRIGGS, CONKLIN, FARRY, HARPER, HORNAMAN, REESE, STEVENSON, VULAKOVICH, YOUNGBLOOD AND STERN, MAY 18, 2011

REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, MAY 18, 2011  

AN ACT

Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An

act to consolidate, editorially revise, and codify the public

welfare laws of the Commonwealth," further providing for

services by county children and youth offices.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The act of June 13, 1967 (P.L.31, No.21), known

as the Public Welfare Code, is amended by adding a section to

read:

Section 704.3.  Purchase of Service Contracts.--To comply

with statutory responsibility to provide an array of services,

county children and youth offices may elect to purchase services

from private providers. When counties elect to purchase

prevention, in home, foster family care, group home or

residential or institution services from private agencies

through purchase of service, per diem or program-funded,

agreements, the following provisions apply:

(1)  Contracted rates for purchased services shall cover the

cost incurred in delivery of such services, providing that these

costs are deemed reasonable based on provider documentation.

(2)  Purchase-of-service contracts shall include contract

extension language to provide for continuation of service

provisions and related payments at the last contracted rate

until a new contract agreement is signed. The new contracted

rate is to be retroactive to the beginning of the contracting

period.

(3)  Purchase-of-service contracts shall include a "timely

payment" provision, obligating counties to make payment to

private service providers within ninety days of receipt on an

accurate invoice for services rendered. Counties failing to make

timely payment, within ninety days of billing, for private

agency-delivered, nondisputed services shall be required to pay

an additional amount of one percent (1%) of the outstanding

balance due to the service provider for each month or portion of

each month during which an outstanding balance remains due.

(4)  A cost task force shall be appointed by the General

Assembly to include representatives from the Department of

Public Welfare, county children and youth and juvenile probation

offices, private service providers and other stakeholders and

shall be charged to develop a protocol to determine calculation

of cost for services purchased.

(5)  County needs-based plan and implementation budget

requests may reflect the actual costs of purchased services in

submissions for requested funding.

Section 2.  This act shall take effect in 60 days.