PRINTER'S NO. 74
No. 49 Session of 2007
INTRODUCED BY FRANKEL, BELFANTI, BISHOP, BUXTON, CALTAGIRONE, CLYMER, CURRY, DePASQUALE, GEORGE, GIBBONS, GOODMAN, GRUCELA, HENNESSEY, HESS, JOSEPHS, KING, KULA, MANDERINO, MANN, McGEEHAN, McILHATTAN, MUNDY, NAILOR, M. O'BRIEN, PAYTON, RAMALEY, READSHAW, ROEBUCK, SAMUELSON, SANTONI, SIPTROTH, STABACK, WALKO, WHEATLEY, WOJNAROSKI, YOUNGBLOOD, YUDICHAK, MAHONEY, M. SMITH, HARPER, STURLA, CONKLIN, MILLARD, COHEN, WANSACZ, FREEMAN, COSTA, ROSS, BEYER AND JAMES, JANUARY 30, 2007
REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES, JANUARY 30, 2007
AN ACT 1 Providing for medical assistance to certain eligible women for 2 breast and cervical cancer treatment and follow-up care and 3 for the powers and duties of the Department of Public 4 Welfare. 5 The General Assembly of the Commonwealth of Pennsylvania 6 hereby enacts as follows: 7 CHAPTER 1 8 PRELIMINARY PROVISIONS 9 Section 101. Short title. 10 This act shall be known and may be cited as the Breast and 11 Cervical Cancer Treatment Act. 12 Section 102. Legislative findings. 13 The General Assembly finds and declares as follows: 14 (1) Breast cancer is the most commonly diagnosed cancer 15 in Pennsylvania among both women and the entire population
1 and is the second-leading cause of female cancer deaths in 2 Pennsylvania. 3 (2) Approximately 11,000 women, or an average of 30 4 women each day, were diagnosed with new cases of breast 5 cancer in this Commonwealth in 2002. This number represented 6 33% of all female cancer diagnoses in Pennsylvania. 7 (3) In 2002, at least 2,200 women, or an average of six 8 women each day, died from breast cancer. 9 (4) Approximately one of every ten women can expect to 10 develop breast cancer in her lifetime. 11 (5) Approximately 600 new cases of cervical cancer were 12 diagnosed in Pennsylvania women during the year 2002. 13 (6) Cervical cancer caused the death of over 200 women 14 in Pennsylvania during the year 2002. 15 (7) Periodic screening mammography in conjunction with 16 good health care and monthly self-examination can reduce a 17 woman's risk of dying from breast cancer by 30%. 18 (8) Early detection of breast cancer is the most 19 effective means to reduce breast and cervical cancer 20 mortality. The five-year survival rate for localized breast 21 cancer is greater than 96%. 22 (9) Breast and cervical cancer mortality rates are 23 significantly greater among racial and ethnic minority groups 24 as well as in lower income areas. 25 (10) The Commonwealth currently provides free breast and 26 cervical cancer screening for uninsured and underinsured 27 women, through the National Breast and Cervical Cancer Early 28 Detection Program of the Centers for Disease Control and 29 Prevention. 30 (11) Numerous family planning, community health and 20070H0049B0074 - 2 -
1 other nonprofit groups provide screening programs to 2 thousands of women throughout this Commonwealth for breast 3 and cervical cancer. 4 (12) More than 10% of women examined for breast and 5 cervical cancer will need further treatment. 6 (13) Although most women have access to necessary 7 screening examinations for breast and cervical cancer, many 8 women do not have adequate health care coverage or financial 9 resources to seek necessary treatment. 10 (14) Due to the passage of the Breast and Cervical 11 Cancer Prevention and Treatment Act of 2000 (Public Law 106- 12 354, 114 Stat. 1381), the Federal Government guarantees 13 financial assistance to states, through enhanced Medicaid 14 matching funds, to provide necessary treatment for uninsured 15 and underinsured women. 16 Section 103. Purpose. 17 Pursuant to Title XV of the Public Health Service Act (58 18 Stat. 682, 42 U.S.C. § 300k et seq.), the Commonwealth has 19 established a screening program aimed at early detection of 20 breast and cervical cancer in uninsured and underinsured 21 persons, operated by the Department of Health under the approval 22 of the National Breast and Cervical Cancer Early Detection 23 Program of the Centers for Disease Control and Prevention. The 24 program has discovered cancer in Pennsylvania residents at a 25 rate that exceeds the national average and presents a serious 26 threat to the general health and welfare of this Commonwealth 27 and all of its inhabitants. Furthermore, under Title XV of the 28 Public Health Service Act, persons screened under the program 29 who are deemed to be in need of treatment for breast or cervical 30 cancer and who do not have other means of public or private 20070H0049B0074 - 3 -
1 coverage for such treatment are eligible to receive Federal 2 Medicaid and State medical assistance benefits, under an 3 enhanced match formula, for the treatment of breast or cervical 4 cancer. However, thousands of uninsured and underinsured women 5 are screened for and often diagnosed with breast or cervical 6 cancer by entities not included in the program. Lack of 7 guaranteed coverage for breast or cervical cancer is a serious 8 source of concern for people faced with inadequate financial 9 resources for necessary treatment. The purpose of this act is to 10 provide State medical assistance funds, as well as Federal 11 Medicaid funds for eligible recipients authorized by the section 12 1920B of the Social Security Act (49 Stat. 620, 42 U.S.C. § 13 1396r-1b), for treatment for uninsured and underinsured women 14 who have been diagnosed with breast or cervical cancer, 15 regardless of the screening entity. 16 Section 104. Definitions. 17 The following words and phrases when used in this act shall 18 have the meanings given to them in this section unless the 19 context clearly indicates otherwise: 20 "Department." The Department of Public Welfare of the 21 Commonwealth. 22 "Health care facility." A health care facility that provides 23 clinically related health services. The term includes, but is 24 not limited to, a general or special hospital, psychiatric 25 hospital, rehabilitation hospital, ambulatory surgical facility, 26 long-term care nursing facility, screening mammography facility, 27 cancer treatment center using radiation therapy on an ambulatory 28 basis and an inpatient drug and alcohol treatment facility, both 29 profit and nonprofit, a hospice and any similar facility 30 operated by an agency of State or local government. The term 20070H0049B0074 - 4 -
1 shall not include an office used primarily for the private or 2 group practice by health care practitioners where no reviewable 3 clinically related health service is offered, a facility 4 providing treatment solely on the basis of prayer or spiritual 5 means in accordance with the tenets of any church or religious 6 denomination or a facility conducted by a religious organization 7 for the purpose of providing health care services exclusively to 8 clergy or other persons in a religious profession who are 9 members of the religious denominations conducting the facility. 10 "Health care provider." A licensed hospital or health care 11 facility, medical equipment supplier or person who is licensed, 12 certified or otherwise regulated to provide health care services 13 under the laws of this Commonwealth, including a physician, 14 podiatrist, optometrist, psychologist, physical therapist, 15 certified nurse practitioner, registered nurse, nurse midwife, 16 physician's assistant, chiropractor, dentist, pharmacist or an 17 individual accredited or certified to provide behavioral health 18 services. 19 "In need of treatment." An opinion of a physician who 20 conducts a screen or of a physician with whom a patient 21 consults, that deems the screen or subsequent diagnostic 22 evaluation as indicating that the patient is in need of further 23 treatment for breast or cervical cancer, including treatment for 24 a precancerous condition of the breast or cervix. 25 "Medical assistance." The State program of medical 26 assistance established under the act of June 13, 1967 (P.L.31, 27 No.21), known as the Public Welfare Code. 28 "Patient." A natural person receiving health care in or from 29 a health care provider. 30 "Physician." A medical doctor or doctor of osteopathy 20070H0049B0074 - 5 -
1 licensed under the laws of this Commonwealth to practice 2 medicine or surgery within the scope of the act of October 5, 3 1978 (P.L.1109, No.261), known as the Osteopathic Medical 4 Practice Act, or the act of December 20, 1985 (P.L.457, No.112), 5 known as the Medical Practice Act of 1985. 6 "Presumptive eligibility period." The period of eligibility 7 which: 8 (1) begins with the date on which a qualified entity 9 determines, on the basis of preliminary information, that the 10 family income of the woman does not exceed the maximum income 11 level of eligibility under Chapter 3 or 5; and 12 (2) ends on the earlier of: 13 (i) the day on which the Department of Public 14 Welfare makes a determination with respect to the 15 eligibility of the woman for medical assistance under 16 this act; or 17 (ii) the last day of the month following the month 18 during which the woman was determined to be presumptively 19 eligible. 20 "Program." The National Breast and Cervical Cancer Early 21 Detection Program of the Centers for Disease Control and 22 Prevention established under Title XV of the Public Health 23 Service Act (58 Stat. 682, 42 U.S.C. § 201 et seq.). 24 "Qualified entity." Any of the following: 25 (1) a physician; 26 (2) a hospital or other health care facility; 27 (3) an entity that: 28 (i) is eligible to receive medical assistance 29 payments pursuant to this article; and 30 (ii) provides health care services covered under 20070H0049B0074 - 6 -
1 this act; or 2 (4) an entity that is authorized by the Department of 3 Public Welfare to determine presumptive eligibility of a 4 woman seeking medical assistance pursuant to this act; 5 that is duly licensed, certified or otherwise regulated to 6 diagnose, treat, mitigate, cure or provide health care services 7 to a patient with cancer, under the laws of this Commonwealth. 8 "Screening mammography facility." An individual, 9 organization, facility, institution or part thereof, staffed and 10 equipped to provide screening mammography services. 11 "Screening mammography services." A radiologic procedure 12 furnished to an asymptomatic woman for the purpose of early 13 detection of breast cancer. The term includes a physician's 14 interpretation of the results of the procedure. 15 "Secretary." The Secretary of Public Welfare of the 16 Commonwealth. 17 CHAPTER 3 18 WOMEN SCREENED UNDER PROGRAM 19 Section 301. Establishment. 20 Any person meeting the criteria established under this 21 chapter shall be eligible to receive medical assistance for 22 treatment and follow-up care for diagnosed incidences of breast 23 cancer or cervical cancer. 24 Section 302. Eligibility. 25 In order to receive medical assistance for treatment and 26 follow-up care for diagnosed incidences of breast cancer or 27 cervical cancer, a woman must: 28 (1) Be uninsured and not otherwise eligible for medical 29 assistance under Article IV of the act of June 13, 1967 30 (P.L.31, No.21), known as the Public Welfare Code. 20070H0049B0074 - 7 -
1 (2) Have been screened for and found to have breast or 2 cervical cancer under the program. 3 (3) Not have attained 65 years of age. 4 Section 303. Limitation on eligibility. 5 A patient may be eligible to receive medical assistance under 6 this act during more than one noncontinuous period of time in 7 each calendar year, provided that the patient qualifies under 8 the eligibility criteria specified in section 302. 9 Section 304. Application for medical assistance. 10 A woman eligible to receive medical assistance under this act 11 must complete and submit an application to the department by the 12 last day of the month following the month during which a 13 determination of presumptive eligibility was made. The 14 department shall make a determination on the application within 15 30 days of filing. If the time period set forth in this section 16 is not met, the application shall be deemed approved. 17 CHAPTER 5 18 OTHER WOMEN SCREENED FOR BREAST AND CERVICAL CANCER 19 Section 501. Establishment. 20 A person meeting the criteria established under this chapter 21 shall be eligible to receive medical assistance for treatment 22 and follow-up care for diagnosed incidences of breast cancer or 23 cervical cancer. 24 Section 502. Eligibility. 25 In order to receive medical assistance for treatment and 26 follow-up care for diagnosed incidences of breast cancer or 27 cervical cancer, a patient must: 28 (1) Be uninsured and not otherwise eligible for medical 29 assistance under Article IV of the act of June 13, 1967 30 (P.L.31, No.21), known as the Public Welfare Code. 20070H0049B0074 - 8 -
1 (2) Have been screened for and found to have breast or 2 cervical cancer by a health care provider who is duly 3 licensed, certified or otherwise regulated to diagnose, 4 treat, mitigate, cure or provide health care services to a 5 patient with cancer, under the laws of this Commonwealth. 6 (3) Not have attained 65 years of age. 7 (4) Have family income that does not exceed 250% of the 8 Federal poverty level, as established for that year by the 9 Department of Health and Human Services, for the same size 10 family. 11 Section 503. Limitation on eligibility. 12 Medical assistance made available to a woman under this 13 chapter shall be limited to the duration and scope of treatment 14 required for breast or cervical cancer. A patient may be 15 eligible to receive medical assistance under this act during 16 more than one noncontinuous period of time in each calendar 17 year, provided that the patient qualifies under the eligibility 18 criteria specified in section 502. 19 Section 504. Application for medical assistance. 20 A woman eligible to receive medical assistance under this act 21 must complete and submit an application to the department no 22 later than the last day of the month following the month during 23 which a determination of presumptive eligibility was made. The 24 department shall make a determination on the application within 25 30 days of filing. If the time period set forth in this section 26 is not met, the application shall be deemed approved. 27 CHAPTER 7 28 PRESUMPTIVE ELIGIBILITY 29 Section 701. Authorization to determine presumptive 30 eligibility. 20070H0049B0074 - 9 -
1 A qualified entity may determine a woman to be eligible for 2 medical assistance under this act for a presumptive eligibility 3 period prior to a final determination of eligibility, under 4 section 302 or 502, from the department. 5 Section 702. Procedure. 6 A qualified entity that determines a woman to be 7 presumptively eligible for medical assistance shall: 8 (1) Notify the department of the determination within 9 five working days after the date on which the determination 10 of presumptive eligibility is made. 11 (2) Inform the woman at the time a determination of 12 presumptive eligibility is made that such a determination is 13 only temporary and services may be discontinued unless the 14 woman completes and submits an application for medical 15 assistance no later than the last day of the month following 16 the month during which the determination of presumptive 17 eligibility was made. 18 CHAPTER 9 19 RESPONSIBILITIES OF DEPARTMENT 20 Section 901. Federal Medicaid matching funds. 21 The department shall: 22 (1) Submit a State medical assistance plan amendment, as 23 well as any additional required documentation, to the Centers 24 for Medicare and Medicaid Services within 60 days of the 25 effective date of this act. 26 (2) Seek to maximize the receipt of Federal Medicaid 27 matching funds authorized by the participation of eligible 28 women under this act. 29 Section 902. Report to General Assembly. 30 The department shall make an annual report to the General 20070H0049B0074 - 10 -
1 Assembly on the implementation of this act. 2 Section 903. Rules and regulations. 3 The department shall be responsible for the administration of 4 this act and shall promulgate further rules and regulations 5 necessary to implement and enforce its provisions. 6 CHAPTER 11 7 MISCELLANEOUS PROVISIONS 8 Section 1101. Funding. 9 (a) Annual appropriation.--The General Assembly shall 10 include in the appropriation to the department in the General 11 Appropriation Act an annual appropriation from the General Fund 12 in an amount sufficient to provide medical assistance for the 13 purpose of providing coverage for the treatment of breast or 14 cervical cancer to uninsured and underinsured women pursuant to 15 this act. 16 (b) Federal Medicaid funding.--The department shall utilize 17 all Federal Medicaid funding received for the purpose of 18 carrying out the provisions of this act. 19 Section 1102. Repeals. 20 All acts and parts of acts are repealed insofar as they are 21 inconsistent with this act. 22 Section 1103. Effective date. 23 This act shall take effect immediately. A5L67RLE/20070H0049B0074 - 11 -