PRIOR PRINTER'S NO. 2094 PRINTER'S NO. 2391
No. 1559 Session of 1990
INTRODUCED BY PETERSON, CORMAN, AFFLERBACH, MADIGAN AND BAKER, APRIL 4, 1990
AS AMENDED ON SECOND CONSIDERATION, JUNE 27, 1990
AN ACT 1 Making an appropriation to the Department of Public Welfare for <-- 2 prescription products to assist persons who smoke to stop 3 smoking and for use in smoking cessation programs for persons 4 entitled to medical assistance. 5 AMENDING THE ACT OF JUNE 13, 1967 (P.L.31, NO.21), ENTITLED "AN <-- 6 ACT TO CONSOLIDATE, EDITORIALLY REVISE, AND CODIFY THE PUBLIC 7 WELFARE LAWS OF THE COMMONWEALTH," FURTHER PROVIDING FOR 8 CERTAIN MEDICAL REIMBURSEMENT; PROVIDING FOR THE 9 REIMBURSEMENT OF PRESCRIPTION PRODUCTS DESIGNED TO ASSIST 10 PERSONS WHO SMOKE TO STOP SMOKING; AND MAKING AN 11 APPROPRIATION. 12 The General Assembly of the Commonwealth of Pennsylvania 13 hereby enacts as follows: 14 Section 1. Appropriation. <-- 15 The sum of $133,000, or as much thereof as may be necessary, 16 is hereby appropriated to the Department of Public Welfare for 17 the fiscal year July 1, 1990, to June 30, 1991, for the 18 reimbursement of prescription products designed to assist 19 persons who smoke to stop smoking, for use in smoking cessation 20 programs for persons entitled to medical assistance pursuant to 21 the act of June 13, 1967 (P.L.31, No.21), known as the Public 22 Welfare Code.
1 Section 2. Effective date. 2 This act shall take effect immediately. 3 SECTION 1. SECTION 443.3 OF THE ACT OF JUNE 13, 1967 <-- 4 (P.L.31, NO.21), KNOWN AS THE PUBLIC WELFARE CODE, AMENDED 5 NOVEMBER 28, 1973 (P.L.364, NO.128), IS AMENDED TO READ: 6 SECTION 443.3. OTHER MEDICAL ASSISTANCE PAYMENTS.--PAYMENTS 7 ON BEHALF OF ELIGIBLE PERSONS SHALL BE MADE FOR OTHER SERVICES, 8 AS FOLLOWS: 9 (1) RATES ESTABLISHED BY THE DEPARTMENT FOR OUTPATIENT 10 SERVICES AS SPECIFIED BY REGULATIONS OF THE DEPARTMENT ADOPTED 11 UNDER TITLE XIX OF THE FEDERAL SOCIAL SECURITY ACT CONSISTING OF 12 PREVENTIVE, DIAGNOSTIC, THERAPEUTIC, REHABILITATIVE OR 13 PALLIATIVE SERVICES; FURNISHED BY OR UNDER THE DIRECTION OF A 14 PHYSICIAN, CHIROPRACTOR OR PODIATRIST, BY A HOSPITAL OR 15 OUTPATIENT CLINIC WHICH QUALIFIES TO PARTICIPATE UNDER TITLE XIX 16 OF THE FEDERAL SOCIAL SECURITY ACT, TO A PATIENT TO WHOM SUCH 17 HOSPITAL OR OUTPATIENT CLINIC DOES NOT FURNISH ROOM, BOARD AND 18 PROFESSIONAL SERVICES ON A CONTINUOUS, TWENTY-FOUR HOUR A DAY 19 BASIS. SUCH SERVICES SHALL INCLUDE REIMBURSEMENT OF PRESCRIPTION 20 PRODUCTS DESIGNED TO ASSIST PERSONS WHO SMOKE TO STOP SMOKING, 21 FOR USE IN SMOKING CESSATION PROGRAMS FOR PERSONS ENTITLED TO 22 MEDICAL ASSISTANCE. 23 (2) [RATES] EXCEPT AS PROVIDED IN CLAUSE (3), RATES 24 ESTABLISHED BY THE DEPARTMENT FOR (I) OTHER LABORATORY AND X-RAY 25 SERVICES PRESCRIBED BY A PHYSICIAN, CHIROPRACTOR OR PODIATRIST 26 AND FURNISHED BY A FACILITY OTHER THAN A HOSPITAL WHICH IS 27 QUALIFIED TO PARTICIPATE UNDER TITLE XIX OF THE FEDERAL SOCIAL 28 SECURITY ACT, (II) PHYSICIAN'S SERVICES CONSISTING OF 29 PROFESSIONAL CARE BY A PHYSICIAN, CHIROPRACTOR OR PODIATRIST IN 30 HIS OFFICE, THE PATIENT'S HOME, A HOSPITAL, A NURSING HOME OR 19900S1559B2391 - 2 -
1 ELSEWHERE, (III) THE FIRST THREE PINTS OF WHOLE BLOOD, (IV) 2 REMEDIAL EYE CARE, AS PROVIDED IN ARTICLE VIII CONSISTING OF 3 MEDICAL OR SURGICAL CARE AND AIDS AND SERVICES AND OTHER VISION 4 CARE PROVIDED BY A PHYSICIAN SKILLED IN DISEASES OF THE EYE OR 5 BY AN OPTOMETRIST WHICH ARE NOT OTHERWISE AVAILABLE UNDER THIS 6 ARTICLE, (V) SPECIAL MEDICAL SERVICES FOR SCHOOL CHILDREN, AS 7 PROVIDED IN THE PUBLIC SCHOOL CODE OF 1949, CONSISTING OF 8 MEDICAL, DENTAL, VISION CARE PROVIDED BY A PHYSICIAN SKILLED IN 9 DISEASES OF THE EYE OR BY AN OPTOMETRIST OR SURGICAL CARE AND 10 AIDS AND SERVICES WHICH ARE NOT OTHERWISE AVAILABLE UNDER THIS 11 ARTICLE. 12 (3) THE REIMBURSEMENT RATE FOR MATERNITY PATIENTS SHALL BE 13 SIX HUNDRED DOLLARS ($600) FOR VAGINAL DELIVERY AND EIGHT 14 HUNDRED DOLLARS ($800) FOR CESAREAN DELIVERY. 15 SECTION 2. THE SUM OF $133,000, OR AS MUCH THEREOF AS MAY BE 16 NECESSARY, IS HEREBY APPROPRIATED TO THE DEPARTMENT OF PUBLIC 17 WELFARE FOR THE FISCAL YEAR JULY 1, 1990, TO JUNE 30, 1991, FOR 18 THE REIMBURSEMENT OF PRESCRIPTION PRODUCTS DESIGNED TO ASSIST 19 PERSONS WHO SMOKE TO STOP SMOKING, FOR USE IN SMOKING CESSATION 20 PROGRAMS. 21 SECTION 3. THIS ACT SHALL TAKE EFFECT AS FOLLOWS: 22 (1) THE AMENDMENTS TO SECTION 443.3(2) AND (3) SHALL 23 TAKE EFFECT IN 60 DAYS. 24 (2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT 25 IMMEDIATELY. C2L84JS/19900S1559B2391 - 3 -