PRINTER'S NO. 1132

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 995 Session of 1985


        INTRODUCED BY MICHLOVIC, MRKONIC, PETRONE, ITKIN, PISTELLA,
           TRELLO, PRESTON, IRVIS, MARKOSEK, COWELL AND LEVDANSKY,
           APRIL 22, 1985

        REFERRED TO COMMITTEE ON HEALTH AND WELFARE, APRIL 22, 1985

                                     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     computations affecting counties.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7     Section 1.  Section 472 of the act of June 13, 1967 (P.L.31,
     8  No.21), known as the Public Welfare Code, amended July 9, 1976
     9  (P.L.543, No.132), is amended to read:
    10     Section 472.  Other Computations Affecting Counties.--[To
    11  compute for each month the amount expended as medical assistance
    12  for public nursing home care on behalf of persons at each public
    13  medical institution operated by a county, county institution
    14  district or municipality and the amount expended in each county
    15  for aid to families with dependent children on behalf of
    16  children in foster family homes or child-caring institutions,
    17  plus the cost of administering such assistance. From such total
    18  amount the department shall deduct the amount of Federal funds


     1  properly received or to be received by the department on account
     2  of such expenditures, and shall certify the remainder increased
     3  or decreased, as the case may be, by any amount by which the sum
     4  certified for any previous month differed from the amount which
     5  should have been certified for such previous month, and by the
     6  proportionate share of any refunds of such assistance, to each
     7  appropriate county, county institution district or municipality.
     8  The amounts so certified shall become obligations of such
     9  counties, county institution districts or municipalities to be
    10  paid to the department for assistance: Provided, however, That
    11  for the fiscal year 1976-77, the obligations of the counties
    12  shall be the amounts so certified representing aid to dependent
    13  children foster care as computed above and three-fourths of the
    14  amount so certified above for public nursing home care: And
    15  provided further, That for fiscal year 1977-78 and thereafter,
    16  the obligations of counties shall be the amounts so certified
    17  representing aid to dependent children foster care as computed
    18  above plus one-half of the amount so certified above for public
    19  nursing home care: And provided further, That for the fiscal
    20  year 1978-79, the obligations of the counties shall be the
    21  amounts so certified representing aid to dependent children
    22  foster care as computed above plus one-quarter of the amount so
    23  certified above for public nursing home care: And provided
    24  further, That for fiscal year 1979-80 and thereafter, the
    25  obligations of the counties shall be the amounts so certified
    26  representing aid to dependent children foster care as computed
    27  above plus one-tenth of the amount so certified above for public
    28  nursing home care.] (a)  The Commonwealth shall share on a
    29  percentage basis in the costs incurred by county institution
    30  districts and counties in providing public nursing home care to
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     1  indigent persons. The Commonwealth share shall be ninety percent
     2  of the reasonable allowable costs incurred by each county
     3  institution district and county in providing public nursing home
     4  care, using principles of reimbursement established under Title
     5  XVII of the Social Security Act, as certified by the Auditor
     6  General, irrespective of any reimbursement ceilings imposed by
     7  the department for calculating the share of Federal funds under
     8  Title XIX of the Social Security Act, less any Federal funds
     9  received on account of such costs, less any patient income or
    10  resources deemed under Title XIX of the Social Security Act to
    11  be available to meet such costs and less the allocable expenses
    12  of the department involved in administering the payment of the
    13  Federal and State share to the county institution districts and
    14  counties.
    15     (b)  Until the total amount of the Commonwealth share in
    16  subsection (a) is determined for each calendar year, the
    17  department shall make monthly interim payments to each county
    18  institution district and county. The interim payments shall be
    19  determined by multiplying the interim per diem rate for each
    20  level of public nursing home care in each county institution
    21  district and county facility by the number of persons who are
    22  eligible for assistance under Title XIX of the Social Security
    23  Act and receiving such level of public nursing home care from
    24  such facility. The interim per diem rate shall be comprised of
    25  all Federal funds estimated on a per diem basis to be received
    26  by each county institution district and county because of its
    27  provision of public nursing home care plus per diem estimates of
    28  the Commonwealth share for each county institution district and
    29  county, using reported costs for the previous calendar year and
    30  applying an inflation factor determined by a recognized
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     1  econometric firm.
     2     Section 2.  This act shall take effect in 60 days.



















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