PRINTER'S NO. 274

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 254 Session of 1977


        INTRODUCED BY ZEARFOSS AND RHODES, FEBRUARY 9, 1977

        REFERRED TO COMMITTEE ON HEALTH AND WELFARE, FEBRUARY 9, 1977

                                     AN ACT

     1  Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An
     2     act to consolidate, editorially revise, and codify the public
     3     welfare laws of the Commonwealth," further providing for
     4     certain medical assistance payments.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7     Section 1.  Clause (3) of section 443.1, act of June 13, 1967
     8  (P.L.31, No.21), known as the "Public Welfare Code," amended
     9  July 15, 1976 (No.202), is amended to read:
    10     Section 443.1.  Medical Assistance Payments for Institutional
    11  Care.--The following medical assistance payments shall be made
    12  in behalf of eligible persons whose institutional care is
    13  prescribed by physicians:
    14     * * *
    15     (3)  [Rates on a cost-related basis established by the
    16  department for] The reasonable cost, as certified to the
    17  department by the Auditor General, of skilled nursing home or
    18  intermediate care in a non-public nursing home, when furnished
    19  by a nursing home licensed or approved by the department and


     1  qualified to participate under Title XIX of the Federal Social
     2  Security Act;
     3     * * *
     4     Section 2.  Sections 443.2 and 443.3 of the act, amended
     5  November 28, 1973 (.L.364, No.128), are amended to read:
     6     Section 443.2.  Medical Assistance Payments for Home Health
     7  Care.--The following medical assistance payments shall be made
     8  in behalf of eligible persons whose care in the home has been
     9  prescribed by a physician, chiropractor or podiatrist:
    10     (1)  [Rates established by the department for] The reasonable
    11  cost, as certified to the department by the Auditor General, of
    12  post-hospital home care, as specified by regulations of the
    13  department adopted under Title XIX of the Federal Social
    14  Security Act for not more than one hundred eighty days following
    15  a period of hospitalization, if such care is related to the
    16  reason the person was hospitalized and if given by a hospital as
    17  comprehensive hospital type care in a patient's home;
    18     (2)  [Rates established by the department for] The reasonable
    19  cost, as certified to the department by the Auditor General, of
    20  home health care services if such services are furnished by a
    21  voluntary or governmental health agency or licensed home health
    22  agencies.
    23     Section 443.3.  Other Medical Assistance Payments.--Payments
    24  on behalf of eligible persons shall be made for other services,
    25  as follows:
    26     (1)  [Rates established by the department for outpatient
    27  services] The reasonable cost as certified to the department by
    28  the Auditor General of outpatient hospital care as specified by
    29  regulations of the department adopted under Title XIX of the
    30  Federal Social Security Act consisting of preventive,
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     1  diagnostic, therapeutic, rehabilitative or palliative services;
     2  furnished by or under the direction of a physician, chiropractor
     3  or podiatrist, by a hospital, public health center or outpatient
     4  clinic which qualifies to participate under Title XIX of the
     5  Federal Social Security Act, to a patient to whom such hospital,
     6  public health center or outpatient clinic does not furnish room,
     7  board and professional services on a continuous, twenty-four
     8  hour a day basis.
     9     (2)  [Rates established by the department for] The reasonable
    10  cost, as certified to the department by the Auditor General, of
    11  (i) other laboratory and X-ray services prescribed by a
    12  physician, chiropractor or podiatrist and furnished by a
    13  facility other than a hospital which is qualified to participate
    14  under Title XIX of the Federal Social Security Act, (ii)
    15  physician's services consisting of professional care by a
    16  physician, chiropractor or podiatrist in his office, the
    17  patient's home, a hospital, a nursing home or elsewhere, (iii)
    18  the first three pints of whole blood, (iv) remedial eye care, as
    19  provided in Article VIII consisting of medical or surgical care
    20  and aids and services and other vision care provided by a
    21  physician skilled in diseases of the eye or by an optometrist
    22  which are not otherwise available under this Article, (v)
    23  special medical services for school children, as provided in the
    24  Public School Code of 1949, consisting of medical, dental,
    25  vision care provided by a physician skilled in diseases of the
    26  eye or by an optometrist or surgical care and aids and services
    27  which are not otherwise available under this article.
    28     (3)  The reasonable cost, as certified to the department by
    29  the Auditor General, the emergency services defined as those
    30  which are necessary to prevent death or serious impairment of
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     1  the health of the individual and which, because of the threat to
     2  the life or health of the individual, necessitate the use of the
     3  most accessible hospital available and equipped to furnish such
     4  services.
     5     Section 3.  The act is amended by adding a section to read:
     6     Section 443.6.  Incentive Payments.--(a)  In order to promote
     7  greater efficiency or management in health care facilities, the
     8  Secretary of Public Welfare shall award annual basis incentive
     9  payments to institutional providers whose allowable routine
    10  service cost is substantially less than the group mean, thus
    11  demonstrating extraordinary efficiency.
    12     (b)  Those hospitals would be eligible for an incentive
    13  payment which (i) are five per cent or more below the weighted
    14  group mean per diem routine service cost, and, (ii) have a per
    15  diem routine service cost less than that of seventy-five per
    16  cent of the hospitals in the group.
    17     (c)  The amount of the incentive payment would be a per diem
    18  dollar amount equal to one-half of the difference between the
    19  facilities per diem routine service cost and the nearest per
    20  diem dollar value at the lower limit which includes at least
    21  seventy-five per cent of the facilities within the group.
    22     (d)  The amount of the incentive payment may be included as
    23  an addition to the facilities specified prospective rate for two
    24  years following the date of the award.
    25     (e)  These funds may be used by the facility for the
    26  following purposes:
    27     (1)  Reducing debt.
    28     (2)  Providing funds for future expansion (as approved by the
    29  appropriate planning agency).
    30     (3)  Improving the quality of patient care service.
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     1     (4)  Funding appropriate approved new services such as home
     2  care, expanded outpatient service, etc.
     3     (5)  Reward efficient managers through additional
     4  compensation related to performance improvements.
     5     (f)  A uniform standard of reporting shall be established by
     6  the Auditor General to aid in determining the reasonable cost
     7  reimbursements and the incentive payments.
     8     Section 4.  This act shall take effect immediately.















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