PRINTER'S NO.  162

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

211

Session of

2011

  

  

INTRODUCED BY BAKER, STABACK, CUTLER, GINGRICH, BOYD, CALTAGIRONE, CARROLL, CAUSER, CLYMER, D. COSTA, EVERETT, GEORGE, GOODMAN, GRELL, HESS, M.K. KELLER, MAJOR, MILLER, MURPHY, O'NEILL, PICKETT, RAPP, K. SMITH, SONNEY, STERN, SWANGER, VULAKOVICH AND WATSON, JANUARY 25, 2011

  

  

REFERRED TO COMMITTEE ON HEALTH, JANUARY 25, 2011  

  

  

  

AN ACT

  

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Amending the act of April 9, 1929 (P.L.343, No.176), entitled,

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as amended, "An act relating to the finances of the State

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government; providing for the settlement, assessment,

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collection, and lien of taxes, bonus, and all other accounts

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due the Commonwealth, the collection and recovery of fees and

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other money or property due or belonging to the Commonwealth,

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or any agency thereof, including escheated property and the

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proceeds of its sale, the custody and disbursement or other

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disposition of funds and securities belonging to or in the

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possession of the Commonwealth, and the settlement of claims

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against the Commonwealth, the resettlement of accounts and

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appeals to the courts, refunds of moneys erroneously paid to

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the Commonwealth, auditing the accounts of the Commonwealth

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and all agencies thereof, of all public officers collecting

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moneys payable to the Commonwealth, or any agency thereof,

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and all receipts of appropriations from the Commonwealth,

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authorizing the Commonwealth to issue tax anticipation notes

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to defray current expenses, implementing the provisions of

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section 7(a) of Article VIII of the Constitution of

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Pennsylvania authorizing and restricting the incurring of

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certain debt and imposing penalties; affecting every

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department, board, commission, and officer of the State

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government, every political subdivision of the State, and

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certain officers of such subdivisions, every person,

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association, and corporation required to pay, assess, or

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collect taxes, or to make returns or reports under the laws

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imposing taxes for State purposes, or to pay license fees or

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other moneys to the Commonwealth, or any agency thereof,

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every State depository and every debtor or creditor of the

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Commonwealth," further providing, in general budget

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implementation, for the Department of Public Welfare.

 


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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Section 1729-E of the act of April 9, 1929

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(P.L.343, No.176), known as The Fiscal Code, added July 17, 2007

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(P.L.141, No.42), is amended to read:

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Section 1729-E.  Department of Public Welfare.

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The following shall apply to appropriations for the

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Department of Public Welfare:

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(1)  Any rule, regulation or policy for the Federal or

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State appropriations for the cash assistance, outpatient,

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inpatient, capitation, behavioral health, long-term care and

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Supplemental Grants to the Aged, Blind and Disabled, Child

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Care and Attendant Care programs adopted by the Secretary of

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Public Welfare during the fiscal year which adds to the cost

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of any public assistance program shall be effective only from

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and after the date upon which it is approved as to the

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availability of funds by the Governor.

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(2)  Federal and State medical assistance payments. The

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following shall apply:

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(i)  (Reserved).

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(ii)  (Reserved).

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(iii)  (Reserved).

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(iv)  (Reserved).

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(v)  (Reserved).

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(vi)  [(Reserved).] The department shall reimburse a

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"critical access hospital," as defined in section

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1861(mm)(1) of the Social Security Act (49 Stat. 620, 42

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U.S.C. § 1395x(mm)(1)), which is qualified to participate

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under Title XIX of the Social Security Act (42 U.S.C. §

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1396 et seq.) at 101% of medical assistance allowable

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costs for:

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(A)  "inpatient critical access hospital

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services," as defined in section 1861(mm)(2) of the

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Social Security Act (42 U.S.C. 1395x(mm)(2)),

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provided to a medical assistance recipient; and

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(B)  "outpatient critical access hospital

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services," as defined in section 1861(mm)(3) of the

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Social Security Act (42 U.S.C. § 1395x(mm)(3)),

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provided to a medical assistance recipient.

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(vii)  The following shall apply to eligibility

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determinations for services under medical assistance:

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(A)  Unless the custodial parent or legally

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responsible adult has provided to the department, at

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application or redetermination, information required

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by the department for inclusion in the annual report

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under clause (B), no funds from an appropriation for

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medical assistance shall be used to pay for medical

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assistance services for a child under 21 years of

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age:

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(I)  who has a Supplemental Security Income

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(SSI) level of disability; and

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(II)  whose parental income is not currently

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considered in the eligibility determination

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process.

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(B)  The department shall submit to the Public

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Health and Welfare Committee of the Senate and the

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Health and Human Services Committee of the House of

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Representatives an annual report including the

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following data:

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(I)   Family size.

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(II)  Household income.

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(III)  County of residence.

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(IV)  Length of residence in this

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Commonwealth.

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(V)  Third-party insurance information.

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(VI)  Diagnosis and type and cost of services

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paid for by the medical assistance program on

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behalf of each eligible and enrolled child

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described in clause (A).

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Section 2.  The amendment of section 1729-E of the act shall

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apply to fiscal years beginning after June 30, 2011.

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Section 3.  This act shall take effect immediately.

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