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        PRIOR PRINTER'S NO. 2094                      PRINTER'S NO. 2391

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

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.




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