THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY BAKER, MAJOR, PICKETT, CAUSER, BELFANTI, BEYER, BOYD, CARROLL, CLYMER, CREIGHTON, EVERETT, FLECK, GEORGE, GINGRICH, GOODMAN, GRELL, HENNESSEY, HESS, M. KELLER, KOTIK, MENSCH, METZGAR, MICOZZIE, MURT, MYERS, O'NEILL, PEIFER, PHILLIPS, QUINN, K. SMITH, STABACK, STERN, SWANGER, VULAKOVICH, WATSON, WILLIAMS, YOUNGBLOOD AND HORNAMAN, MARCH 26, 2009

REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES, MARCH 26, 2009  

AN ACT

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

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

government; providing for the settlement, assessment,

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

due the Commonwealth, the collection and recovery of fees and

other money or property due or belonging to the Commonwealth,

or any agency thereof, including escheated property and the

proceeds of its sale, the custody and disbursement or other

disposition of funds and securities belonging to or in the

possession of the Commonwealth, and the settlement of claims

against the Commonwealth, the resettlement of accounts and

appeals to the courts, refunds of moneys erroneously paid to

the Commonwealth, auditing the accounts of the Commonwealth

and all agencies thereof, of all public officers collecting

moneys payable to the Commonwealth, or any agency thereof,

and all receipts of appropriations from the Commonwealth,

authorizing the Commonwealth to issue tax anticipation notes

to defray current expenses, implementing the provisions of

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

Pennsylvania authorizing and restricting the incurring of

certain debt and imposing penalties; affecting every

department, board, commission, and officer of the State

government, every political subdivision of the State, and

certain officers of such subdivisions, every person,

association, and corporation required to pay, assess, or

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

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

other moneys to the Commonwealth, or any agency thereof,

every State depository and every debtor or creditor of the

Commonwealth," further providing, in general budget

implementation, for the Department of Public Welfare.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

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

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

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

Section 1729-E.  Department of Public Welfare.

The following shall apply to appropriations for the

Department of Public Welfare:

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

State appropriations for the cash assistance, outpatient,

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

Supplemental Grants to the Aged, Blind and Disabled, Child

Care and Attendant Care programs adopted by the Secretary of

Public Welfare during the fiscal year which adds to the cost

of any public assistance program shall be effective only from

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

availability of funds by the Governor.

(2)  Federal and State medical assistance payments. The

following shall apply:

(i)  (Reserved).

(ii)  (Reserved).

(iii)  (Reserved).

(iv)  (Reserved).

(v)  (Reserved).

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

"critical access hospital," as defined in section

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

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

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

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

costs for:

(A)  "inpatient critical access hospital

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

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

provided to a medical assistance recipient; and

(B)  "outpatient critical access hospital

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

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

provided to a medical assistance recipient.

(vii)  The following shall apply to eligibility

determinations for services under medical assistance:

(A)  Unless the custodial parent or legally

responsible adult has provided to the department, at

application or redetermination, information required

by the department for inclusion in the annual report

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

medical assistance shall be used to pay for medical

assistance services for a child under 21 years of

age:

(I)  who has a Supplemental Security Income

(SSI) level of disability; and

(II)  whose parental income is not currently

considered in the eligibility determination

process.

(B)  The department shall submit to the Public

Health and Welfare Committee of the Senate and the

Health and Human Services Committee of the House of

Representatives an annual report including the

following data:

(I)   Family size.

(II)  Household income.

(III)  County of residence.

(IV)  Length of residence in this

Commonwealth.

(V)  Third-party insurance information.

(VI)  Diagnosis and type and cost of services

paid for by the medical assistance program on

behalf of each eligible and enrolled child

described in clause (A).

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

apply to fiscal years beginning after June 30, 2009.

Section 3.  This act shall take effect immediately.