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PRINTER'S NO. 340
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
425
Session of
2015
INTRODUCED BY HUGHES, FONTANA, TEPLITZ, ARGALL, SCHWANK,
BREWSTER, MENSCH, YUDICHAK AND COSTA, FEBRUARY 9, 2015
REFERRED TO PUBLIC HEALTH AND WELFARE, FEBRUARY 9, 2015
AN ACT
Amending the act of April 9, 1929 (P.L.177, No.175), entitled
"An act providing for and reorganizing the conduct of the
executive and administrative work of the Commonwealth by the
Executive Department thereof and the administrative
departments, boards, commissions, and officers thereof,
including the boards of trustees of State Normal Schools, or
Teachers Colleges; abolishing, creating, reorganizing or
authorizing the reorganization of certain administrative
departments, boards, and commissions; defining the powers and
duties of the Governor and other executive and administrative
officers, and of the several administrative departments,
boards, commissions, and officers; fixing the salaries of the
Governor, Lieutenant Governor, and certain other executive
and administrative officers; providing for the appointment of
certain administrative officers, and of all deputies and
other assistants and employes in certain departments, boards,
and commissions; and prescribing the manner in which the
number and compensation of the deputies and all other
assistants and employes of certain departments, boards and
commissions shall be determined," changing the name of the
Department of Public Welfare to the Department of Human
Services; and deleting obsolete provisions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 201, 202, 203, 206 and 207.1(d)(1) of
the act of April 9, 1929 (P.L.177, No.175), known as The
Administrative Code of 1929, amended July 9, 2010 (P.L.348,
No.50), are amended to read:
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Section 201. Executive Officers, Administrative Departments
and Independent Administrative Boards and Commissions.--(a) The
executive and administrative work of this Commonwealth shall be
performed by the Executive Department, consisting of the
Governor, Lieutenant Governor, Secretary of the Commonwealth,
Attorney General, Auditor General, State Treasurer, and
Secretary of Education; by the Executive Board, and the
Pennsylvania State Police; by the following administrative
departments: Department of State, Office of Attorney General,
Department of Corrections, Department of the Auditor General,
Treasury Department, Department of Education, Department of
Military Affairs, Insurance Department, Department of Banking
and Securities, Department of Agriculture, Department of
Transportation, Department of Health, Department of Drug and
Alcohol Programs, Department of Labor and Industry, Department
of Aging, Department of [Public Welfare] Human Services,
Department of General Services, Department of Revenue,
Department of Community and Economic Development, Department of
Environmental Protection and Department of Conservation and
Natural Resources; and by the following independent
administrative boards and commissions: Pennsylvania Game
Commission, Pennsylvania Fish and Boat Commission, State Civil
Service Commission, Pennsylvania Public Utility Commission and
the Pennsylvania Securities Commission.
(b) All of the provisions of this act, which apply generally
to administrative departments, or generally except to the
Department of the Auditor General, the Treasury Department and
the Office of Attorney General, shall apply to the Executive
Board and to the Pennsylvania State Police.
Section 202. Departmental Administrative Boards,
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Commissions, and Offices.--The following boards, commissions,
and offices are hereby placed and made departmental
administrative boards, commissions, or offices, as the case may
be, in the respective administrative departments mentioned in
the preceding section, as follows:
In the Department of State,
Commissioner of Professional and Occupational Affairs,
State Real Estate Commission,
State Board of Medical Education and Licensure,
State Board of Physical Therapy Examiners,
State Board of Pharmacy,
State Dental Council and Examining Board,
State Board of Optometrical Examiners,
State Board of Osteopathic Medical Examiners,
State Board of Nurse Examiners,
State Board of Barber Examiners,
State Board of Cosmetology,
State Board of Veterinary Medical Examiners,
State Board of Chiropractic Examiners,
State Board of Podiatry Examiners,
State Board of Examiners of Public Accountants,
State Board of Examiners of Architects,
State Registration Board for Professional Engineers,
State Board of Funeral Directors,
State Board of Examiners of Nursing Home Administrators,
State Board of Auctioneer Examiners,
State Board of Psychologist Examiners,
State Board of Landscape Architects.
In the Department of Justice,
In the Treasury Department,
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Board of Finance and Revenue;
In the Department of Community Affairs,
Board of Property;
In the Department of Education,
Board of Trustees of Thaddeus Stevens College of
Technology,
Board of Trustees of Scranton State School for the Deaf,
Public Service Institute Board,
State Board of Private Academic Schools,
State Board of Private Licensed Schools,
State Board of Education.
In the Department of Military and Veterans Affairs,
Armory Board of the State of Pennsylvania,
Board of Trustees of Scotland School for Veterans'
Children.
In the Department of Banking and Securities,
Board to License Private Bankers;
In the Department of Agriculture,
State Farm Products Show Commission;
In the Department of Health,
In the Department of Labor and Industry,
Workmen's Compensation Appeal Board,
State Workmen's Insurance Board,
The Industrial Board,
Unemployment Compensation Board of Review,
Pennsylvania Labor Relations Board,
Advisory Council on Affairs of the Handicapped;
In the Department of [Public Welfare] Human Services,
Board of Trustees of The Western Youth Development
Centers,
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Board of Trustees of The Central Youth Development
Centers,
Board of Trustees of The Eastern Youth Development
Centers,
Board of Trustees of Allentown State Hospital,
Board of Trustees of Clarks Summit State Hospital,
Board of Trustees of Danville State Hospital,
Board of Trustees of Embreeville Center,
Board of Trustees of Farview State Hospital,
Board of Trustees of Harrisburg State Hospital,
Board of Trustees of Mayview State Hospital,
Board of Trustees of Norristown State Hospital,
Board of Trustees of Philadelphia State Hospital,
Board of Trustees of Somerset State Hospital,
Board of Trustees of Warren State Hospital,
Board of Trustees of Wernersville State Hospital,
Board of Trustees of Woodville State Hospital,
Board of Trustees of Torrance State Hospital,
Board of Trustees of Haverford State Hospital,
Board of Trustees of Ashland State General Hospital,
Board of Trustees of Coaldale State General Hospital,
Board of Trustees of Nanticoke State General Hospital,
Board of Trustees of Philipsburg State General Hospital,
Board of Trustees of Scranton State General Hospital,
Board of Trustees of Shamokin State General Hospital,
Board of Trustees of Ebensburg Center,
Board of Trustees of Eastern State School and Hospital,
Board of Trustees of Laurelton Center,
Board of Trustees of Pennhurst Center,
Board of Trustees of Polk Center,
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Board of Trustees of Selinsgrove Center,
Board of Trustees of Hamburg Center,
Board of Trustees of Western Center,
Board of Trustees of White Haven Center,
Board of Trustees of Woodhaven Center,
Board of Trustees of South Mountain Restoration Center.
In the Department of General Services,
Board of Commissioners of Public Grounds and Buildings,
State Art Commission;
In the Department of Revenue,
State Athletic Commission;
In the Department of Commerce,
Navigation Commission for the Delaware River and its
navigable tributaries;
In the Department of Highways,
State Highway Commission.
In the Department of Transportation,
Hazardous Substances Transportation Board,
In the Department of Environmental Resources,
Environmental Quality Board,
Environmental Hearing Board,
State Board for Certification of Sewage Treatment and
Waterworks Operators,
State Soil and Water Conservation Commission,
Anthracite Mine Inspectors,
Bituminous Mine Inspectors.
In the Department of Drug and Alcohol Programs,
Bureau of Prevention and Intervention,
Bureau of Treatment,
Bureau of Administration.
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All of the foregoing departmental administrative boards and
commissions shall be organized or reorganized as provided in
this act.
Section 203. Advisory Boards and Commissions.--The following
advisory boards and commissions are placed in and made parts of
the respective administrative departments, as follows:
In the Department of Military Affairs,
State Military Reservation Commission,
In the Department of Environmental Protection,
Citizens Advisory Council;
In the Department of Health,
Advisory Health Board;
In the Department of Labor and Industry,
Advisory Council on Affairs of the Handicapped,
Advisory Board on Problems of Older Workers,
Policy, Planning and Evaluation Advisory Committee;
In the Department of [Public Welfare] Human Services,
[State Board of Public Welfare,]
Advisory Committee for the Blind,
Advisory Committee for General and Special Hospitals,
Advisory Committee for Children and Youth,
Advisory Committee for Public Assistance,
Advisory Committee for Mental Health and Mental
Retardation.
Section 206. Department Heads.--Each administrative
department shall have as its head an officer who shall, either
personally, by deputy, or by the duly authorized agent or
employe of the department, and subject at all times to the
provisions of this act, exercise the powers and perform the
duties by law vested in and imposed upon the department.
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The following officers shall be the heads of the
administrative departments following their respective titles:
Secretary of the Commonwealth, of the Department of State;
Auditor General, of the Department of the Auditor General;
State Treasurer, of the Treasury Department;
Attorney General, of the Office of Attorney General;
Secretary of Education, of the Department of Education;
Adjutant General, of the Department of Military Affairs;
Insurance Commissioner, of the Insurance Department;
Secretary of Banking and Securities, of the Department of
Banking and Securities;
Secretary of Agriculture, of the Department of Agriculture;
Secretary of Transportation, of the Department of
Transportation;
Secretary of Health, of the Department of Health;
Secretary of Drug and Alcohol Programs, of the
Department of Drug and Alcohol Programs;
Secretary of Labor and Industry, of the Department of Labor
and Industry;
Secretary of Aging, of the Department of Aging;
Secretary of [Public Welfare] Human Services, of the
Department of [Public Welfare] Human Services;
Secretary of Revenue, of the Department of Revenue;
Secretary of Community and Economic Development, of the
Department of Community and Economic Development;
Secretary of Environmental Protection, of the Department of
Environmental Protection;
Secretary of Conservation and Natural Resources, of the
Department of Conservation and Natural Resources;
Secretary of General Services, of the Department of General
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Services;
Secretary of Corrections, of the Department of Corrections.
Section 207.1. Gubernatorial Appointments.--* * *
(d) The Governor shall nominate in accordance with the
provisions of the Constitution of the Commonwealth of
Pennsylvania and, by and with the advice and consent of a
majority of the members elected to the Senate appoint persons to
fill the following positions:
(1) The Secretary of Education, the Secretary of the
Commonwealth, the Adjutant General, the Insurance Commissioner,
the Secretary of Banking and Securities, the Secretary of
Agriculture, the Secretary of Transportation, the Secretary of
Health, the Secretary of Drug and Alcohol Programs, the
Commissioner of the State Police, the Secretary of Corrections,
the Secretary of Labor and Industry, the Secretary of Aging, the
Secretary of [Public Welfare] Human Services, the Secretary of
General Services, the Secretary of Revenue, the Secretary of
Community and Economic Development, the Secretary of
Environmental Protection and the Secretary of Conservation and
Natural Resources.
* * *
Section 2. Section 448(k) and (l) of the act, added December
21, 1959 (P.L.1944, No.709) and amended July 9, 1970 (P.L.470,
No.161), are repealed:
Section 448. Advisory Boards and Commissions.--The advisory
boards and commissions, within the several administrative
departments, shall be constituted as follows:
* * *
[(k) The State Board of Public Welfare is hereby created.
The board shall consist of the Secretary of Public Welfare, ex
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officio, and sixteen (16) members appointed by the Governor.
Four (4) members shall be appointed from among the members of
the General Assembly, two (2) from the Senate and two (2) from
the House of Representatives. These members of the board shall,
with respect to each branch of the General Assembly, be from
different political parties, and they shall, in no event, retain
membership on the board after they cease to be members of the
branch of the Legislature from which they were appointed. One
(1) member shall be appointed by the Governor from each of the
six (6) advisory committees created by clause (l) of this
section, and the first member of each advisory committee
appointed by the Governor shall automatically become a member of
the board. The term of office of each member of the board,
except as herein otherwise provided, shall be six (6) years.
In the original appointment of the members of the board, six
(6) members shall be appointed for the term of six (6) years,
five (5) members for the term of four (4) years, and five (5)
members for the term of two (2) years. Any vacancy occurring in
the membership of the board shall be filled by the Governor only
for the unexpired term. The Governor may remove any member of
the board at any time. No member of the board shall serve more
than two (2) consecutive terms not including a vacancy
appointment, nor shall any member hold office in any political
party.
Nine (9) members of the board shall constitute a quorum. A
chairman who shall not be a member of an advisory committee
shall be elected by the board, annually, from among its members.
Members of the board shall serve without compensation other than
reimbursement of travel and other actual expenses incurred in
the performance of their duties. The board shall meet at least
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six (6) times a year. Special meetings of the board shall be
held on call of the chairman or the Secretary of Public Welfare,
and it shall be the duty of the chairman to call a special
meeting upon the written request of one-third (1/3) or more
members, not including vacancies, of the board.
(l) The following advisory committees are hereby created:
Advisory Committee for the Blind,
Advisory Committee for General and Special Hospitals,
Advisory Committee for Children and Youth,
Advisory Committee for Public Assistance,
Advisory Committee for Mental Health and Mental Retardation.
Each advisory committee shall consist of the Commissioner in
the Department of Public Welfare, directing the program to which
the advisory committee is attached, as an ex officio member, and
not less than three (3) nor more than nine (9) members appointed
by the Governor. In the case of the Advisory Committee for
Mental Health and Mental Retardation, the committee shall
include the Chairman of the Public Health and Welfare Committee
of the Senate, the Chairman of the Health and Welfare Committee
of the House of Representatives and the President of the
Pennsylvania State Association of County Commissioners or his
alternate. The exact number of members of each advisory
committee shall be determined by the Governor upon
recommendation of the State Board of Public Welfare. The
qualifications of the members of each advisory committee shall
also be determined by the Governor upon recommendation of the
State Board of Public Welfare: Provided, That with respect to
each advisory committee, the Governor shall appoint members with
due regard for representation of the professional and lay groups
concerned with the fields of interest served by the program to
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which each advisory committee is attached. The term of office of
each member of each advisory committee, except as herein
otherwise provided, shall be six (6) years.
The original appointment of the members of the advisory
committee shall be for overlapping terms of six (6), four (4)
and two (2) years. In making these original appointments, the
Governor shall, in so far as possible, appoint approximately
one-third (1/3) of the recommended complement of each advisory
board to each of the overlapping terms.
A majority of the members of each advisory committee shall
constitute a quorum. Each advisory committee shall elect a
chairman from among its members. Each advisory committee shall
meet at least four (4) times a year. Special meetings of each
advisory committee shall be held on call of the chairman, and it
shall be the duty of the chairman to call a special meeting upon
the written request of one-third (1/3) or more of the members
not including vacancies of the advisory committee.
The provisions of clause (k) of this section with respect to
filling of vacancies, removal of members, length of service,
political party office and compensation shall be applicable to
advisory committee members, and are incorporated herein by
reference.]
* * *
Section 3. Sections 451(b)(1) and 1209(b) of the act,
amended July 9, 2010 (P.L.348, No.50), are amended to read:
Section 451. State Planning Board.--* * *
(b) (1) The State Planning Board shall consist of fifteen
members to be appointed by the Governor from among the citizens
of the State, who during their terms shall hold no other office
in the executive branch of State Government to which any salary
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is attached. In addition to these members, there shall be six ex
officio members, the Secretary of Agriculture, the Secretary of
Community and Economic Development, the Secretary of
Environmental Protection, the Secretary of Conservation and
Natural Resources, the Secretary of [Public Welfare] Human
Services and the Secretary of Transportation. There shall also
be two members appointed by, and serve at the pleasure of, the
President pro tempore of the Senate, neither of whom shall be
members of the same political party, and two members appointed
by, and serve at the pleasure of, the Speaker of the House of
Representatives, neither of whom shall be members of the same
political party. The terms of office of those members appointed
by the Governor shall be for four years and until their
successors are appointed and have qualified. In case of a
vacancy, the Governor shall make an appointment for the
unexpired portion of the term. The Governor shall designate the
chairman and vice-chairman of the board from among the members
of the board, other than the ex officio and legislative members.
* * *
Section 1209. Local Government Budget and Financial Reports;
Compilation of Statistics.--The Department of Community and
Economic Development shall have power and its duty shall be:
* * *
(b) To furnish to the corporate authorities of each county
(except counties of the first class), city of the third class,
borough, incorporated town, township suitable blank forms for
the making of annual reports of the financial condition of their
respective local governments to the department, which forms for
financial report purposes shall be placed by said corporate
authorities into the hands of the director, controller or
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auditors who by law are required to make such financial reports
to the department. Such annual financial reports shall be
prepared in cooperation with aforesaid duly authorized
committees of local government officials and shall contain: (1)
a statement of the receipts of the unit of local government from
all sources and of all accounts and revenue which may be due and
uncollected at the close of the fiscal year; (2) a statement of
the disbursements for all the governmental activities of the
unit of local government during the fiscal year; (3) a detailed
statement of the indebtedness of the unit of local government at
the close of the fiscal year, the provisions made for the
payment thereof, together with the purposes for which it was
incurred; (4) a statement of the cost of ownership and operation
of each and every public service industry owned, maintained or
operated by the unit of local government; (5) such further or
more specific information in relation to the cost of any branch
of the local government and improvements therein as may be
required by the department.
In the case of blank forms for financial reports by townships
of the second class and counties, the same shall be so arranged
that corresponding data and information, required to be reported
by said units of local government to the Department of
Transportation or the Department of [Public Welfare] Human
Services, may be used for the information required to be
furnished to the Department of Community and Economic
Development under this section.
* * *
Section 4. Section 2203-A(11), (17.2), (24) and (26),
amended December 15, 1988 (P.L.1244, No.153) and July 9, 2010
(P.L.348, No.50), are amended to read:
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Section 2203-A. Powers and Duties in General[.-].--(a) The
Department of Aging hereinafter referred to in this article as
the department shall, subject to any inconsistent provisions in
this act contained, have the power and its duty shall be to:
* * *
(11) Promote and support programs, studies and policies, in
cooperation with the Departments of Labor and Industry,
Education, Community and Economic Development, [Public Welfare]
Human Services and other agencies, which will enhance the
opportunity for continued work, education and training for older
persons and for preretirement assistance where appropriate.
* * *
(17.2) In cooperation with the Department of Health and the
Department of [Public Welfare] Human Services:
(i) Develop and administer a system of preadmission
assessment for persons who are at risk of needing institutional
care, if the Governor finds such a system cost effective.
(ii) Develop and administer a system of managed community-
based long-term care for persons who are assessed as being
clinically eligible for nursing home care and who can be cared
for within cost-of-care guidelines established by the
department, if the Governor finds such a system cost effective.
* * *
(24) Conduct, in cooperation with the Department of Health
and the Department of [Public Welfare] Human Services, periodic
studies and evaluations pertaining to the quality of care and
related services for consumers of long-term care services and
report such findings to the General Assembly.
* * *
(26) Review and comment on all rules, regulations,
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eligibility or payment standards issued by the Departments of
[Public Welfare] Human Services, Environmental Protection or
Labor and Industry relating to the licensure and regulation of
nursing homes, hospitals, and other health facilities; medical
assistance, supplemental security income; homemaking and home-
health care or residential care facilities for older adults.
Said rules, regulations and standards shall not take effect
until they have been submitted to the department for comment.
* * *
Section 5. Section 2213-A of the act, added June 12, 1996
(P.L.337, No.53), is amended to read:
Section 2213-A. Pharmacy Reimbursement.--An immediate in-
depth pharmacy service study shall be performed by the
Department of Aging and the Department of [Public Welfare] Human
Services. This pharmacy study shall determine the full cost of
filling a prescription and providing pharmacy services,
including reasonable profits derived, in the Pennsylvania
Medicaid and PACE programs. This study shall be considered in
determining pharmacy reimbursement.
Section 6. Section 2204-B(10) of the act, added June 9, 1993
(P.L.90, No.19), is amended to read:
Section 2204-B. Commonwealth Departments and Agencies.--The
office shall have the following powers and duties:
* * *
(10) To develop and implement with the Department of [Public
Welfare] Human Services a plan for job training programs that
will have community service options which can serve as a
transition from public assistance to sustained employment.
Section 7. Article XXIII heading and sections 2301 and 2313
first paragraph, amended July 13, 1957 (P.L.852, No.390), are
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amended to read:
ARTICLE XXIII
POWERS AND DUTIES OF THE DEPARTMENT OF
[PUBLIC WELFARE] HUMAN SERVICES AND ITS DEPARTMENTAL
ADMINISTRATIVE AND ADVISORY BOARDS
AND COMMISSIONS
Section 2301. Powers and Duties in General.--The Department
of [Public Welfare] Human Services shall, subject to any
inconsistent provisions in this act contained, continue to
exercise the powers and perform the duties by law vested in and
imposed upon the said department, the Secretary of [Public
Welfare] Human Services, and the former Department of Public
Welfare, and Commissioner of Public Welfare, and the former
Department of Welfare.
Section 2313. Mental Health.--The Department of [Public
Welfare] Human Services shall have the power and its duty shall
be:
* * *
Section 8. Section 2313.4 of the act, added December 11,
1986 (P.L.1485, No.153), is amended to read:
Section 2313.4. Operation of Eastern Pennsylvania
Psychiatric Institute.--The Department of [Public Welfare] Human
Services is hereby authorized to relinquish the entire
government, management, operation and control of the Eastern
Pennsylvania Psychiatric Institute to The Medical College of
Pennsylvania upon the effective date of a lease entered pursuant
to section 2418.
(1) Upon the execution of the lease permitted pursuant to
section 2418, the Eastern Pennsylvania Psychiatric Institute
shall be operated under the management of the Board of
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Corporators of The Medical College of Pennsylvania, which shall
be responsible for the management and operation of the
institute.
(2) The Medical College of Pennsylvania shall conduct
research into the causes, prevention, treatment and cure of
mental, neurological and related disorders and shall provide
consultation, education, training and treatment at the Eastern
Pennsylvania Psychiatric Institute responsive to the mental
health needs of the public. Provision of these services and the
conduct of research shall be limited only by funds available for
these purposes. In addition to requesting appropriations from
the General Assembly to fund these functions, the Board of
Corporators of The Medical College of Pennsylvania shall make
good faith efforts to obtain funding from third party sources.
(3) The Medical College of Pennsylvania shall utilize all
space in the buildings known as the Eastern Pennsylvania
Psychiatric Institute consistent with the functions described in
this section. If The Medical College of Pennsylvania uses space
in the Eastern Pennsylvania Psychiatric Institute for functions
other than those described, it shall provide the Department of
[Public Welfare] Human Services with written documentation that
an equivalent amount of space is used in other facilities of The
Medical College of Pennsylvania for those functions.
(4) The Medical College of Pennsylvania may construct
buildings on vacant land of the leased premises if the buildings
are consistent with the academic health mission of The Medical
College of Pennsylvania.
Section 9. Section 2327 of the act, added December 21, 1959
(P.L.1944, No.709), is repealed:
[Section 2327. Powers and Duties of the State Board of
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Public Welfare.--The State Board of Public Welfare shall be an
advisory body to, and a consultative body of the Department of
Public Welfare with no power to approve or disapprove rules or
regulations, and shall have the power and its duty shall be:
(a) To participate in the development of broad outlines, of
policy and in the formulation of long-range programs and
objectives of the Department of Public Welfare,
(b) To interpret such programs and objectives to the public,
and
(c) To advise the Secretary of Public Welfare, the Governor
and the General Assembly, with respect to the policies,
programs, objectives and functioning of the Department of Public
Welfare.]
Section 10. Section 2328 of the act, amended June 20, 1978
(P.L.477, No.70), is amended to read:
Section 2328. Powers and Duties of Advisory Committees.--The
Advisory Committee for the Blind, the Advisory Committee for
General and Special Hospitals, the Advisory Committee for
Children and Youth, the Advisory Committee for Public Assistance
and the Advisory Committee for Mental Health and Mental
Retardation, shall, concerning matters within their respective
special fields of interest, have the power and their duty shall
be:
(a) To advise the appropriate major program unit of the
Department of [Public Welfare] Human Services. This advice shall
include, but shall not be limited to, such matters as standards
of eligibility, nature and extent of service, amounts of
payments to individuals, standards of approval, certification
and licensure of institutions and agencies, ways and means of
coordinating public and private welfare activities, and such
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other matters as may, by law, require citizen review or may be
referred to the committees by the departmental units advised by
them; and the Advisory Committee for Mental Health and Mental
Retardation shall also have the power and duty to advise the
Governor and the Secretary of [Public Welfare] Human Services
with regard to the appointment of the Commissioner of Mental
Health.
(b) To arrange for and conduct such public hearings as may
be required by law or which they deem necessary and advisable,
(c) To promote better public understanding of the programs
and objectives of the departmental units advised by them, and
[(d) To make recommendations to the State Board of Public
Welfare on matters referred to the committees for consideration
and advice, or as may be required to promote the effectiveness
of the programs, of the departmental units advised by them.]
Section 11. Section 2333(c) and (d) of the act, added March
30, 1988 (P.L.329, No.44), are amended to read:
Section 2333. Domestic Violence and Rape Victims Services.--
* * *
(c) The Department of [Public Welfare] Human Services shall
make grants to domestic violence centers and rape crisis centers
for the operation of domestic violence programs and rape crisis
programs consistent with this section. In awarding grants, the
Department of [Public Welfare] Human Services shall consider the
population to be served, the geographical area to be serviced,
the scope of the services, the need for services and the amount
of funds provided from other sources.
(d) The Department of [Public Welfare] Human Services shall
make available at cost to the public copies of applications that
have been submitted or approved for funding and reports on any
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fiscal or programmatic reviews of funded programs.
* * *
Section 12. Section 2334(b) and (c) of the act, added
December 15, 1988 (P.L.1239, No.152), are amended to read:
Section 2334. Medical Assistance Payments.--* * *
(b) Consistent with section 2301, the Department of [Public
Welfare] Human Services shall:
(1) Provide, on behalf of persons eligible for medical
assistance, medical assistance coverage for detoxification,
treatment and care in a nonhospital alcohol detoxification
facility, nonhospital drug detoxification facility, nonhospital
alcohol and drug detoxification facility, or a nonhospital
treatment facility which can provide services for either drug or
alcohol detoxification or treatment or for both, provided that
the facility is licensed by the Office of Drug and Alcohol
Programs in the Department of Health.
(2) Use criteria developed by the Office of Drug and Alcohol
Programs for governing the type, level and length of care or
treatment, including hospital detoxification, as a basis for the
development of standards for services provided under clause (1).
(3) Notwithstanding clause (1), provide by regulation for
gradual implementation of medical assistance coverage under this
subsection to client populations which shall be identified in
cooperation with the Department of Health. The regulations shall
provide for full implementation of clause (1) to all medical
assistance eligibles in phases over a period of time not to
exceed five years from the effective date of the regulations.
The program phases shall be structured so as to allow for
independent evaluation of each phase on an ongoing basis.
Initial regulations adopted pursuant to this subsection shall
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not be subject to review pursuant to the act of June 25, 1982
(P.L.633, No.181), known as the "Regulatory Review Act," except
that the regulations may be reviewed under section 5(h) of that
act.
(c) The Department of [Public Welfare] Human Services, the
Department of Health and the Office of Drug and Alcohol Programs
shall jointly provide for an independent evaluation of the
program authorized by this section in accordance with specific
evaluation criteria, which shall include, but not be limited to:
(i) comparison of medical costs before and after program
implementation; (ii) employment history; and (iii) involvement
with other programs of the Department of Health, the Department
of [Public Welfare] Human Services, the Department of
Corrections and any other appropriate agencies. The evaluation
shall be conducted in compliance with all applicable Federal and
State confidentiality requirements.
Section 13. Sections 2303.1-B and 2306-B(b)(2) of the act,
added April 7, 2014 (P.L.383, No.28), are amended to read:
Section 2303.1-B. Additional funding.
(a) Initial year.--For the fiscal year beginning July 1,
2014, 50% of the fee charged by the Department of Health for a
certified copy of a birth record under section 609-A shall be
transferred to the Department of [Public Welfare] Human Services
for training of mandated reporters of child abuse and child
abuse related costs.
(b) Subsequent years.--For the fiscal year beginning July 1,
2015, and each fiscal year thereafter, 50% of the fee charged by
the Department of Health for a certified copy of a birth record
under section 609-A shall be distributed as follows:
(1) Twenty-five percent shall be transferred to the
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Department of [Public Welfare] Human Services for training of
mandated reporters of child abuse and child abuse related
costs.
(2) Seventy-five percent shall be transferred to the
commission for grants for child advocacy centers and
multidisciplinary investigative teams.
(c) Restrictions.--The funding under this section shall not
be used to supplant Federal, State or local funds otherwise
available for child advocacy centers and multidisciplinary
investigative teams.
Section 2306-B. Child Advocacy Center Advisory Committee.
* * *
(b) Composition.--The committee shall consist of no more
than 21 members and be appointed by the chairman of the
commission and shall include all of the following:
* * *
(2) The Deputy Secretary of the Office of Children,
Youth and Families of the Department of [Public Welfare]
Human Services.
* * *
Section 14. Section 2418 of the act, added December 11, 1986
(P.L.1485, No.153), is amended to read:
Section 2418. Lease of Eastern Pennsylvania Psychiatric
Institute.--The Department of General Services, with the
approval of the Governor and the Department of [Public Welfare]
Human Services, is authorized to lease or sublease, for the
rental of one dollar ($1) per annum, all of the land and
buildings in the city and county of Philadelphia known as the
Eastern Pennsylvania Psychiatric Institute, and all
improvements, fixtures, equipment and furnishings located there,
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to The Medical College of Pennsylvania upon such terms and
conditions as The Medical College of Pennsylvania and the
Department of [Public Welfare] Human Services shall agree. The
provisions of section 2402(i) shall not apply to a lease entered
into pursuant to this section.
Section 15. This act shall take effect in 60 days.
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