Regular Session 2015-2016 House Bill 1062 P.N. 3638

SENATE AMENDED

PRIOR PRINTER'S NO. 1377

PRINTER'S NO. 3638

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1062

Session of

2015

INTRODUCED BY KILLION, MURT, HARHART, GODSHALL, McNEILL,

O'NEILL, HELM, HAHN, FREEMAN, WATSON, HENNESSEY, COHEN,

PICKETT, ZIMMERMAN, EMRICK, SCHLOSSBERG, BAKER AND RADER,

APRIL 27, 2015

SENATOR VANCE, PUBLIC HEALTH AND WELFARE, IN SENATE, AS AMENDED,

JUNE 27, 2016

AN ACT

Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An

act to consolidate, editorially revise, and codify the public

welfare laws of the Commonwealth," in public assistance,

repealing certain provisions relating to county liability for

nursing home care for persons at county-owned facilities.

AMENDING THE ACT OF JUNE 13, 1967 (P.L.31, NO.21), ENTITLED "AN

ACT TO CONSOLIDATE, EDITORIALLY REVISE, AND CODIFY THE PUBLIC

WELFARE LAWS OF THE COMMONWEALTH," AS FOLLOWS:

IN PUBLIC ASSISTANCE, FURTHER PROVIDING FOR PERSONS ELIGIBLE FOR

MEDICAL ASSISTANCE, FOR MEDICAL ASSISTANCE PAYMENTS FOR

INSTITUTIONAL CARE AND FOR OTHER COMPUTATIONS AFFECTING

COUNTIES;

IN CHILDREN AND YOUTH, FURTHER PROVIDING FOR PROVIDER

SUBMISSIONS;

IN NURSING FACILITY ASSESSMENTS, FURTHER PROVIDING FOR TIME

PERIODS;

IN INTERMEDIATE CARE FACILITIES FOR PERSONS WITH AN INTELLECTUAL

DISABILITY ASSESSMENTS, FURTHER PROVIDING FOR TIME PERIODS;

IN HOSPITAL ASSESSMENTS, FURTHER PROVIDING FOR TIME PERIODS;

IN DEPARTMENTAL POWERS AND DUTIES AS TO LICENSING, FURTHER

PROVIDING FOR REGULATIONS;

ESTABLISHING THE PENNSYLVANIA EHEALTH PARTNERSHIP PROGRAM;

MAKING EDITORIAL CHANGES; AND

MAKING RELATED REPEALS.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 472 of the act of June 13, 1967 (P.L.31,

<--

No.21), known as the Public Welfare Code, amended July 7, 2005

(P.L.177, No.42), is repealed:

[Section 472. Other Computations Affecting Counties.--To

compute for each month the amount expended as medical assistance

for public nursing home care on behalf of persons at each public

medical institution operated by a county, county institution

district or municipality and the amount expended in each county

for aid to families with dependent children on behalf of

children in foster family homes or child-caring institutions,

plus the cost of administering such assistance. From such total

amount the department shall deduct the amount of Federal funds

properly received or to be received by the department on account

of such expenditures, and shall certify the remainder increased

or decreased, as the case may be, by any amount by which the sum

certified for any previous month differed from the amount which

should have been certified for such previous month, and by the

proportionate share of any refunds of such assistance, to each

appropriate county, county institution district or municipality.

The amounts so certified shall become obligations of such

counties, county institution districts or municipalities to be

paid to the department for assistance: Provided, however, That

for fiscal year 1979-80 and thereafter, the obligations of the

counties shall be the amounts so certified representing aid to

dependent children foster care as computed above plus one-tenth

of the amount so certified above for public nursing home care:

And provided further, That as to public nursing home care, for

fiscal year 2005-2006 and thereafter, the obligations of the

counties shall be the amount so certified above, less nine-

tenths of the non-Federal share of payments made by the

department during the fiscal year to county homes for public

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nursing care at rates established in accordance with section

443.1(5).]

Section 2. This act shall take effect in 60 days.

SECTION 1. SECTION 441.1 OF THE ACT OF JUNE 13, 1967

(P.L.31, NO.21), KNOWN AS THE HUMAN SERVICES CODE, IS AMENDED BY

ADDING SUBSECTIONS TO READ:

SECTION 441.1. PERSONS ELIGIBLE FOR MEDICAL ASSISTANCE.--* *

NOTIFICATION OF INCARCERATION, THE DEPARTMENT SHALL TEMPORARILY

SUSPEND, FOR A PERIOD OF NOT MORE THAN TWO YEARS, MEDICAL

ASSISTANCE FOR A RECIPIENT WHO BECOMES INCARCERATED IN A

CORRECTIONAL INSTITUTION. THE SUSPENSION OF MEDICAL ASSISTANCE

SHALL CEASE AND THE RECIPIENT SHALL CONTINUE TO RECEIVE MEDICAL

ASSISTANCE UPON NOTIFICATION OF AN INMATE'S RELEASE FROM THE

CORRECTIONAL INSTITUTION, SUBJECT TO THE ELIGIBILITY

REQUIREMENTS UNDER THE COMMONWEALTH'S APPROVED TITLE XIX STATE

PLAN.

(D) NOTWITHSTANDING SUBSECTION (C), UPON NOTIFICATION FROM A

CORRECTIONAL INSTITUTION OF AN INMATE'S RELEASE AND THE

DEPARTMENT'S RECEIPT OF AN INMATE'S APPLICATION, THE DEPARTMENT

SHALL DETERMINE THE INMATE'S ELIGIBILITY FOR MEDICAL ASSISTANCE.

EXCEPT AS PROVIDED UNDER SUBSECTION (A)(4) AND (5), MEDICAL

ASSISTANCE MAY NOT BE PROVIDED UNTIL THE DATE OF THE INMATE'S

RELEASE.

SECTION 2. SECTION 443.1(7)(IV) AND (VI) OF THE ACT, AMENDED

JULY 9, 2013 (P.L.369, NO.55) AND DECEMBER 28, 2015 (P.L.500,

NO.92), ARE AMENDED TO READ:

SECTION 443.1. MEDICAL ASSISTANCE PAYMENTS FOR INSTITUTIONAL

CARE.--THE FOLLOWING MEDICAL ASSISTANCE PAYMENTS SHALL BE MADE

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<--

ON BEHALF OF ELIGIBLE PERSONS WHOSE INSTITUTIONAL CARE IS

PRESCRIBED BY PHYSICIANS:

* * *

(7) AFTER JUNE 30, 2007, PAYMENTS TO COUNTY AND NONPUBLIC

NURSING FACILITIES ENROLLED IN THE MEDICAL ASSISTANCE PROGRAM AS

PROVIDERS OF NURSING FACILITY SERVICES SHALL BE DETERMINED IN

ACCORDANCE WITH THE METHODOLOGIES FOR ESTABLISHING PAYMENT RATES

FOR COUNTY AND NONPUBLIC NURSING FACILITIES SPECIFIED IN THE

DEPARTMENT'S REGULATIONS AND THE COMMONWEALTH'S APPROVED TITLE

XIX STATE PLAN FOR NURSING FACILITY SERVICES IN EFFECT AFTER

JUNE 30, 2007. THE FOLLOWING SHALL APPLY:

* * *

(IV) SUBJECT TO FEDERAL APPROVAL OF SUCH AMENDMENTS AS MAY

BE NECESSARY TO THE COMMONWEALTH'S APPROVED TITLE XIX STATE

PLAN, FOR EACH FISCAL YEAR BEGINNING ON OR AFTER JULY 1, 2011,

THE DEPARTMENT SHALL APPLY A REVENUE ADJUSTMENT NEUTRALITY

FACTOR TO COUNTY AND NONPUBLIC NURSING FACILITY PAYMENT RATES SO

THAT THE ESTIMATED STATEWIDE DAY-WEIGHTED AVERAGE PAYMENT RATE

IN EFFECT FOR THAT FISCAL YEAR IS LIMITED TO THE AMOUNT

PERMITTED BY THE FUNDS APPROPRIATED BY THE GENERAL APPROPRIATION

ACT FOR THE FISCAL YEAR. THE REVENUE ADJUSTMENT NEUTRALITY

FACTOR SHALL REMAIN IN EFFECT UNTIL THE SOONER OF JUNE 30,

[2016] 2019, OR THE DATE ON WHICH A NEW RATE-SETTING METHODOLOGY

FOR MEDICAL ASSISTANCE NURSING FACILITY SERVICES WHICH REPLACES

THE RATE-SETTING METHODOLOGY CODIFIED IN 55 PA. CODE CHS. 1187

(RELATING TO NURSING FACILITY SERVICES) AND 1189 (RELATING TO

COUNTY NURSING FACILITY SERVICES) TAKES EFFECT.

* * *

(VI) SUBJECT TO FEDERAL APPROVAL OF SUCH AMENDMENTS AS MAY

BE NECESSARY TO THE COMMONWEALTH'S APPROVED TITLE XIX STATE

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PLAN, FOR FISCAL [YEAR 2015-2016] YEARS 2015-2016 AND 2016-2017,

THE DEPARTMENT SHALL MAKE UP TO FOUR MEDICAL ASSISTANCE DAY-ONE

INCENTIVE PAYMENTS TO QUALIFIED NONPUBLIC NURSING FACILITIES.

THE DEPARTMENT SHALL DETERMINE THE NONPUBLIC NURSING FACILITIES

THAT QUALIFY FOR THE MEDICAL ASSISTANCE DAY-ONE INCENTIVE

PAYMENTS AND CALCULATE THE PAYMENTS USING THE TOTAL PENNSYLVANIA

MEDICAL ASSISTANCE (PA MA) DAYS AND TOTAL RESIDENT DAYS AS

REPORTED BY NONPUBLIC NURSING FACILITIES UNDER ARTICLE VIII-A.

THE DEPARTMENT'S DETERMINATION AND CALCULATIONS UNDER THIS

SUBPARAGRAPH SHALL BE BASED ON THE NURSING FACILITY ASSESSMENT

QUARTERLY RESIDENT DAY REPORTING FORMS, AS DETERMINED BY THE

DEPARTMENT. THE DEPARTMENT SHALL NOT RETROACTIVELY REVISE A

MEDICAL ASSISTANCE DAY-ONE INCENTIVE PAYMENT AMOUNT BASED ON A

NURSING FACILITY'S LATE SUBMISSION OR REVISION OF THE

DEPARTMENT'S REPORT AFTER THE DATES DESIGNATED BY THE

DEPARTMENT. THE DEPARTMENT, HOWEVER, MAY RECOUP PAYMENTS BASED

ON AN AUDIT OF A NURSING FACILITY'S REPORT. THE FOLLOWING SHALL

APPLY:

(A) A NONPUBLIC NURSING FACILITY SHALL MEET ALL OF THE

FOLLOWING CRITERIA TO QUALIFY FOR A MEDICAL ASSISTANCE DAY-ONE

INCENTIVE PAYMENT:

(I) THE NURSING FACILITY SHALL HAVE AN OVERALL OCCUPANCY

RATE OF AT LEAST EIGHTY-FIVE PERCENT DURING THE RESIDENT DAY

QUARTER. FOR PURPOSES OF DETERMINING A NURSING FACILITY'S

OVERALL OCCUPANCY RATE, A NURSING FACILITY'S TOTAL RESIDENT

DAYS, AS REPORTED BY THE FACILITY UNDER ARTICLE VIII-A, SHALL BE

DIVIDED BY THE PRODUCT OF THE FACILITY'S LICENSED BED CAPACITY,

AT THE END OF THE QUARTER, MULTIPLIED BY THE NUMBER OF CALENDAR

DAYS IN THE QUARTER.

(II) THE NURSING FACILITY SHALL HAVE A MEDICAL ASSISTANCE

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OCCUPANCY RATE OF AT LEAST SIXTY-FIVE PERCENT DURING THE

RESIDENT DAY QUARTER. FOR PURPOSES OF DETERMINING A NURSING

FACILITY'S MEDICAL ASSISTANCE OCCUPANCY RATE, THE NURSING

FACILITY'S TOTAL PA MA DAYS SHALL BE DIVIDED BY THE NURSING

FACILITY'S TOTAL RESIDENT DAYS, AS REPORTED BY THE FACILITY

UNDER ARTICLE VIII-A.

(III) THE NURSING FACILITY SHALL BE A NONPUBLIC NURSING

FACILITY FOR A FULL RESIDENT DAY QUARTER PRIOR TO THE APPLICABLE

QUARTERLY REPORTING DUE DATES, AS DETERMINED BY THE DEPARTMENT.

(B) THE DEPARTMENT SHALL CALCULATE A QUALIFIED NONPUBLIC

NURSING FACILITY'S MEDICAL ASSISTANCE DAY-ONE INCENTIVE PAYMENT

AS FOLLOWS:

(I) THE TOTAL FUNDS APPROPRIATED FOR PAYMENTS UNDER THIS

SUBPARAGRAPH SHALL BE DIVIDED BY THE NUMBER OF PAYMENTS, AS

DETERMINED BY THE DEPARTMENT.

(II) TO ESTABLISH THE PER DIEM RATE FOR A PAYMENT, THE

AMOUNT UNDER SUBCLAUSE (I) SHALL BE DIVIDED BY THE TOTAL PA MA

DAYS, AS REPORTED BY ALL QUALIFYING NONPUBLIC NURSING FACILITIES

UNDER ARTICLE VIII-A FOR THAT PAYMENT.

(III) TO DETERMINE A QUALIFYING NONPUBLIC NURSING FACILITY'S

MEDICAL ASSISTANCE DAY-ONE INCENTIVE PAYMENT, THE PER DIEM RATE

CALCULATED FOR THE PAYMENT SHALL BE MULTIPLIED BY A NONPUBLIC

NURSING FACILITY'S TOTAL PA MA DAYS, AS REPORTED BY THE FACILITY

UNDER ARTICLE VIII-A FOR THE PAYMENT.

2017, THE STATE FUNDS AVAILABLE FOR THE NONPUBLIC NURSING

FACILITY MEDICAL ASSISTANCE DAY-ONE INCENTIVE PAYMENTS SHALL

EQUAL EIGHT MILLION DOLLARS ($8,000,000).

* * *

SECTION 3. SECTIONS 472 AND 704.3(A) OF THE ACT, AMENDED

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DECEMBER 28, 2015 (P.L.500, NO.92), ARE AMENDED TO READ:

SECTION 472. OTHER COMPUTATIONS AFFECTING COUNTIES.--(A) TO

COMPUTE FOR EACH MONTH THE AMOUNT EXPENDED AS MEDICAL ASSISTANCE

FOR PUBLIC NURSING HOME CARE ON BEHALF OF PERSONS AT EACH PUBLIC

MEDICAL INSTITUTION OPERATED BY A COUNTY, COUNTY INSTITUTION

DISTRICT OR MUNICIPALITY AND THE AMOUNT EXPENDED IN EACH COUNTY

FOR AID TO FAMILIES WITH DEPENDENT CHILDREN ON BEHALF OF

CHILDREN IN FOSTER FAMILY HOMES OR CHILD-CARING INSTITUTIONS,

PLUS THE COST OF ADMINISTERING SUCH ASSISTANCE. FROM SUCH TOTAL

AMOUNT THE DEPARTMENT SHALL DEDUCT THE AMOUNT OF FEDERAL FUNDS

PROPERLY RECEIVED OR TO BE RECEIVED BY THE DEPARTMENT ON ACCOUNT

OF SUCH EXPENDITURES, AND SHALL CERTIFY THE REMAINDER INCREASED

OR DECREASED, AS THE CASE MAY BE, BY ANY AMOUNT BY WHICH THE SUM

CERTIFIED FOR ANY PREVIOUS MONTH DIFFERED FROM THE AMOUNT WHICH

SHOULD HAVE BEEN CERTIFIED FOR SUCH PREVIOUS MONTH, AND BY THE

PROPORTIONATE SHARE OF ANY REFUNDS OF SUCH ASSISTANCE, TO EACH

APPROPRIATE COUNTY, COUNTY INSTITUTION DISTRICT OR MUNICIPALITY.

THE AMOUNTS SO CERTIFIED SHALL BECOME OBLIGATIONS OF SUCH

COUNTIES, COUNTY INSTITUTION DISTRICTS OR MUNICIPALITIES TO BE

PAID TO THE DEPARTMENT FOR ASSISTANCE: PROVIDED, HOWEVER, THAT

FOR FISCAL YEAR 1979-80 AND THEREAFTER, THE OBLIGATIONS OF THE

COUNTIES SHALL BE THE AMOUNTS SO CERTIFIED REPRESENTING AID TO

DEPENDENT CHILDREN FOSTER CARE AS COMPUTED ABOVE PLUS ONE-TENTH

OF THE AMOUNT SO CERTIFIED ABOVE FOR PUBLIC NURSING HOME CARE:

AND PROVIDED FURTHER, THAT AS TO PUBLIC NURSING HOME CARE,

EXCEPT AS PROVIDED IN SUBSECTION (B), FOR FISCAL YEAR 2005-2006

AND THEREAFTER, THE OBLIGATIONS OF THE COUNTIES SHALL BE THE

AMOUNT SO CERTIFIED ABOVE, LESS NINE-TENTHS OF THE NON-FEDERAL

SHARE OF PAYMENTS MADE BY THE DEPARTMENT DURING THE FISCAL YEAR

TO COUNTY HOMES FOR PUBLIC NURSING CARE AT RATES ESTABLISHED IN

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ACCORDANCE WITH SECTION 443.1(5) AND (7).

(B) A COUNTY, COUNTY INSTITUTION DISTRICT OR MUNICIPALITY

OPERATING A PUBLIC MEDICAL INSTITUTION PROVIDING PUBLIC NURSING

HOME CARE SHALL NOT BE REQUIRED TO MEET THE OBLIGATIONS UNDER

SUBSECTION (A) ONCE THE APPROVED FEDERAL WAIVERS UNDER SECTION

1915(B) AND (C) OF THE SOCIAL SECURITY ACT (49 STAT. 620, 42

U.S.C. § 1396N(B) AND (C)) TO PROVIDE MANAGED PHYSICAL HEALTH

CARE AND LONG-TERM SERVICES AND SUPPORTS TO INDIVIDUALS WHO

REQUIRE A NURSING HOME LEVEL OF CARE ARE IMPLEMENTED IN THE

COUNTY.

SECTION 704.3. PROVIDER SUBMISSIONS.--(A) FOR FISCAL YEARS

2013-2014, 2014-2015 [AND], 2015-2016 AND 2016-2017, A PROVIDER

SHALL SUBMIT DOCUMENTATION OF ITS COSTS OF PROVIDING SERVICES;

AND THE DEPARTMENT SHALL USE SUCH DOCUMENTATION, TO THE EXTENT

NECESSARY, TO SUPPORT THE DEPARTMENT'S CLAIM FOR FEDERAL FUNDING

AND FOR STATE REIMBURSEMENT FOR ALLOWABLE DIRECT AND INDIRECT

COSTS INCURRED IN THE PROVISION OF OUT-OF-HOME PLACEMENT

SERVICES.

* * *

SECTION 4. SECTION 801-A OF THE ACT, AMENDED JUNE 30, 2007

(P.L.49, NO.16), IS AMENDED TO READ:

SECTION 801-A. DEFINITIONS.--AS USED IN THIS ARTICLE--

"ASSESSMENT" MEANS THE FEE IMPLEMENTED PURSUANT TO THIS

ARTICLE ON EVERY NURSING FACILITY.

"COUNTY NURSING FACILITY" MEANS A LONG-TERM CARE NURSING

FACILITY THAT IS LICENSED BY THE DEPARTMENT OF HEALTH UNDER THE

ACT OF JULY 19, 1979 (P.L.130, NO.48), KNOWN AS THE "HEALTH CARE

FACILITIES ACT," AND CONTROLLED BY THE COUNTY INSTITUTION

DISTRICT OR COUNTY GOVERNMENT IF NO COUNTY INSTITUTION DISTRICT

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EXISTS. THE TERM DOES NOT INCLUDE INTERMEDIATE CARE FACILITIES

FOR THE MENTALLY RETARDED CONTROLLED BY THE COUNTY INSTITUTION

DISTRICT OR COUNTY GOVERNMENT.

"MEDICAL ASSISTANCE PROVIDER" MEANS A PERSON OR ENTITY

ENROLLED BY THE DEPARTMENT OF [PUBLIC WELFARE] HUMAN SERVICES AS

A PROVIDER OF SERVICES IN THE MEDICAL ASSISTANCE PROGRAM.

"NURSING FACILITY" MEANS A NON-FEDERAL, NONPUBLIC LONG-TERM

CARE NURSING FACILITY LICENSED BY THE DEPARTMENT OF HEALTH

PURSUANT TO THE ACT OF JULY 19, 1979 (P.L.130, NO.48), KNOWN AS

THE "HEALTH CARE FACILITIES ACT." THE TERM DOES NOT INCLUDE

INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED.

"PROGRAM" MEANS THE MEDICAL ASSISTANCE PROGRAM.

SECTION 5. SECTION 815-A OF THE ACT, AMENDED JUNE 30, 2012

(P.L.668, NO.80), IS AMENDED TO READ:

SECTION 815-A. TIME PERIODS.--THE ASSESSMENT AUTHORIZED IN

THIS ARTICLE SHALL NOT BE IMPOSED PRIOR TO JULY 1, 2003, OR

AFTER JUNE 30, [2016] 2019.

SECTION 6. SECTIONS 801-C AND 811-C OF THE ACT, AMENDED JULY

9, 2013 (P.L.369, NO.55), ARE AMENDED TO READ:

SECTION 801-C. DEFINITIONS.

THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ARTICLE

SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE

CONTEXT CLEARLY INDICATES OTHERWISE:

"ASSESSMENT." THE FEE IMPLEMENTED PURSUANT TO THIS ARTICLE

ON EVERY INTERMEDIATE CARE FACILITY FOR PERSONS WITH AN

INTELLECTUAL DISABILITY.

"DEPARTMENT." THE DEPARTMENT OF [PUBLIC WELFARE] HUMAN

SERVICES OF THE COMMONWEALTH.

"INTERMEDIATE CARE FACILITY FOR PERSONS WITH AN INTELLECTUAL

DISABILITY" OR " ICF/ID." A PUBLIC OR PRIVATE FACILITY DEFINED

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IN SECTION 1905 OF THE SOCIAL SECURITY ACT (49 STAT. 620, 42

U.S.C. § 1905).

"MEDICAID." THE PROGRAM ESTABLISHED UNDER TITLE XIX OF THE

SOCIAL SECURITY ACT (49 STAT. 620, 42 U.S.C. § 1396 ET SEQ.).

"MEDICAL ASSISTANCE PROGRAM" OR "PROGRAM." THE MEDICAL

ASSISTANCE PROGRAM AS ADMINISTERED BY THE DEPARTMENT OF [PUBLIC

WELFARE] HUMAN SERVICES.

"SECRETARY." THE SECRETARY OF [PUBLIC WELFARE] HUMAN

SERVICES OF THE COMMONWEALTH.

"SOCIAL SECURITY ACT." 49 STAT. 620, 42 U.S.C. § 301 ET SEQ.

SECTION 811-C. TIME PERIODS.

(A) IMPOSITION.--THE ASSESSMENT AUTHORIZED UNDER THIS

ARTICLE SHALL NOT BE IMPOSED AS FOLLOWS:

(1) PRIOR TO JULY 1, 2003, FOR PRIVATE ICFS/ID.

(2) PRIOR TO JULY 1, 2004, FOR PUBLIC ICFS/ID.

(3) IN THE ABSENCE OF FEDERAL FINANCIAL PARTICIPATION AS

DESCRIBED UNDER SECTION 803-C.

(B) CESSATION.--THE ASSESSMENT AUTHORIZED UNDER THIS ARTICLE

SHALL CEASE JUNE 30, [2016] 2019, OR EARLIER, IF REQUIRED BY

LAW.

SECTION 7. THE DEFINITIONS OF "GENERAL ACUTE CARE HOSPITAL"

AND "HIGH VOLUME MEDICAID HOSPITAL" IN SECTION 801-E OF THE ACT,

REENACTED OCTOBER 22, 2010 (P.L.829, NO.84), ARE AMENDED TO

READ:

SECTION 801-E. DEFINITIONS.

THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ARTICLE

SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE

CONTEXT CLEARLY INDICATES OTHERWISE:

* * *

"GENERAL ACUTE CARE HOSPITAL." A HOSPITAL OTHER THAN A

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HOSPITAL THAT THE SECRETARY OF [PUBLIC WELFARE] HUMAN SERVICES

HAS DETERMINED MEETS ONE OF THE FOLLOWING:

(1) IS EXCLUDED UNDER 42 CFR 412.23(A), (B), (D), (E) AND

(F) (RELATING TO EXCLUDED HOSPITALS: CLASSIFICATIONS) AS OF

MARCH 20, 2008, FROM REIMBURSEMENT OF CERTAIN FEDERAL FUNDS

UNDER THE PROSPECTIVE PAYMENT SYSTEM DESCRIBED BY 42 CFR 412

(RELATING TO PROSPECTIVE PAYMENT SYSTEMS FOR INPATIENT HOSPITAL

SERVICES).

(2) IS A FEDERAL VETERANS' AFFAIRS HOSPITAL.

(3) IS A HIGH VOLUME MEDICAID HOSPITAL.

(4) PROVIDES CARE, INCLUDING INPATIENT HOSPITAL SERVICES, TO

ALL PATIENTS FREE OF CHARGE.

(5) IS A FREE-STANDING ACUTE CARE HOSPITAL ORGANIZED

PRIMARILY FOR THE TREATMENT OF AND RESEARCH ON CANCER AND WHICH

IS AN EXEMPT HOSPITAL UNDER SECTION 801-G.

"HIGH VOLUME MEDICAID HOSPITAL." A HOSPITAL THAT THE

SECRETARY OF [PUBLIC WELFARE] HUMAN SERVICES HAS DETERMINED

MEETS ALL OF THE FOLLOWING:

(1) IS A NONPROFIT HOSPITAL SUBSIDIARY OF A STATE-RELATED

INSTITUTION AS THAT TERM IS DEFINED IN 62 PA.C.S. § 103

(RELATING TO DEFINITIONS); AND

(2) PROVIDES MORE THAN 90,000 DAYS OF CARE TO MEDICAL

ASSISTANCE PATIENTS ANNUALLY.

* * *

SECTION 8. SECTION 808-E OF THE ACT, AMENDED JULY 9, 2013

(P.L.369, NO.55), IS AMENDED TO READ:

SECTION 808-E. TIME PERIOD.

(A) CESSATION.--THE ASSESSMENT AUTHORIZED UNDER THIS ARTICLE

SHALL CEASE JUNE 30, [2016] 2019.

(B) ASSESSMENT.--

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(1) A MUNICIPALITY SHALL HAVE THE POWER TO ENACT THE

ASSESSMENT AUTHORIZED IN SECTION 802-E(A)(2) EITHER PRIOR TO

OR DURING ITS FISCAL YEAR ENDING JUNE 30, 2010.

(2) A MUNICIPALITY MAY ADJUST AN ASSESSMENT PERCENTAGE

AS SPECIFIED UNDER SECTION 802-E(A.1) EITHER PRIOR TO OR

DURING THE FISCAL YEAR IN WHICH THE ADJUSTED ASSESSMENT

PERCENTAGE TAKES EFFECT.

SECTION 9. SECTION 1021(C) OF THE ACT IS REPEALED:

SECTION 1021. REGULATIONS.--* * *

[(C) THE DEPARTMENT SHALL HAVE ENFORCEMENT AND LICENSURE

STAFF DEDICATED SOLELY TO ASSISTED LIVING RESIDENCES. ALL

INSPECTIONS OF RESIDENCES DUALLY LICENSED AS ASSISTED LIVING

RESIDENCES AND PERSONAL CARE HOMES SHALL BE CONDUCTED BY A TEAM

OF SURVEYORS COMPRISED OF BOTH PERSONAL CARE HOME AND ASSISTED

LIVING RESIDENCE SURVEYORS.]

* * *

SECTION 10. THE ACT IS AMENDED BY ADDING AN ARTICLE TO READ:

ARTICLE XIV-C

PENNSYLVANIA EHEALTH PARTNERSHIP PROGRAM

SECTION 1401-C. DEFINITIONS.

THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ARTICLE

SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE

CONTEXT CLEARLY INDICATES OTHERWISE:

"BOARD." THE PENNSYLVANIA EHEALTH PARTNERSHIP ADVISORY

BOARD.

"DEPARTMENT." THE DEPARTMENT OF HUMAN SERVICES OF THE

COMMONWEALTH.

"ELECTRONIC HEALTH RECORD." AN ELECTRONIC RECORD OF HEALTH-

RELATED INFORMATION RELATING TO AN INDIVIDUAL THAT IS CREATED,

GATHERED, MANAGED AND CONSULTED BY HEALTH CARE PROVIDERS OR

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PAYERS.

"FUND." THE PENNSYLVANIA EHEALTH PARTNERSHIP FUND.

"HEALTH CARE PROVIDER." A PERSON LICENSED BY THE

COMMONWEALTH TO PROVIDE HEALTH CARE OR PROFESSIONAL CLINICAL

SERVICES. THE TERM INCLUDES:

(1) A "HEALTH CARE PRACTITIONER" AS DEFINED IN SECTION

103 OF THE ACT OF JULY 19, 1979 (P.L.130, NO.48), KNOWN AS

THE HEALTH CARE FACILITIES ACT.

(2) A "HEALTH CARE PROVIDER" AS DEFINED IN SECTION 103

OF THE HEALTH CARE FACILITIES ACT.

(3) A PUBLIC HEALTH AUTHORITY.

(4) A PHARMACY.

(5) A LABORATORY.

(6) A PERSON THAT PROVIDES ITEMS OR SERVICES DESCRIBED

IN SECTION 1861(S) OF THE SOCIAL SECURITY ACT (49 STAT. 620,

42 U.S.C. § 1395X(S)).

(7) A "PROVIDER OF SERVICES" AS DEFINED IN SECTION

1861(U) OF THE SOCIAL SECURITY ACT (49 STAT. 620, 42 U.S.C. §

1395X(U)).

"HEALTH INFORMATION." ORAL OR RECORDED INFORMATION IN ANY

FORM OR MEDIUM THAT IS CREATED OR RECEIVED BY A HEALTH CARE

PROVIDER RELATING TO THE FOLLOWING:

(1) THE PAST, PRESENT OR FUTURE PHYSICAL OR MENTAL

HEALTH OR MEDICAL CONDITION OF AN INDIVIDUAL.

(2) THE PAST, PRESENT OR FUTURE PAYMENT, TREATMENT OR

OPERATIONS FOR THE PROVISION OF HEALTH CARE TO AN INDIVIDUAL.

"HEALTH INFORMATION EXCHANGE." A STATEWIDE INTEROPERABLE

SYSTEM ESTABLISHED UNDER THIS ARTICLE THAT ELECTRONICALLY MOVES

AND EXCHANGES HEALTH INFORMATION BETWEEN APPROVED PARTICIPATING

HEALTH CARE PROVIDERS OR HEALTH INFORMATION ORGANIZATIONS IN A

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MANNER THAT ENSURES THE SECURE EXCHANGE OF HEALTH INFORMATION TO

PROVIDE CARE TO PATIENTS.

"HEALTH INFORMATION ORGANIZATION." AN INFORMATION TECHNOLOGY

INFRASTRUCTURE WITH AN INTEROPERABLE SYSTEM THAT IS ESTABLISHED

BY A HEALTH CARE PROVIDER OR PAYER OR THAT CONNECTS

PARTICIPATING HEALTH CARE PROVIDERS OR PAYERS TO ENSURE THE

SECURE DIGITAL EXCHANGE OF HEALTH INFORMATION AMONG PARTICIPANTS

ENGAGED IN THE CARE OF THE PATIENT.

"HEALTH INFORMATION TECHNOLOGY." HARDWARE, SOFTWARE,

INTEGRATED TECHNOLOGIES OR RELATED LICENSES, INTELLECTUAL

PROPERTY, UPGRADES OR PACKAGED SOLUTIONS SOLD AS SERVICES THAT

ARE DESIGNED FOR OR SUPPORT THE USE BY HEALTH CARE ENTITIES OR

PATIENTS FOR THE ELECTRONIC CREATION, MAINTENANCE, ACCESS OR

EXCHANGE OF HEALTH INFORMATION.

"INTEROPERABILITY." THE ABILITY OF DIFFERENT OPERATING AND

SOFTWARE SYSTEMS TO EMPLOY FEDERALLY RECOGNIZED STANDARDS TO

EXCHANGE DATA SECURELY, ACCURATELY, EFFECTIVELY AND IN A MANNER

THAT MAINTAINS AND PRESERVES THE CLINICAL PURPOSE OF THE DATA.

"PARTICIPANT." A PERSON OR ENTITY WHICH HAS BEEN APPROVED BY

THE DEPARTMENT TO SEND AND RECEIVE HEALTH INFORMATION USING THE

HEALTH INFORMATION EXCHANGE.

"PAYER." AN ENTITY THAT CONTRACTS OR OFFERS TO CONTRACT TO

PROVIDE, DELIVER, PAY OR REIMBURSE ANY OF THE COSTS OF HEALTH

CARE SERVICES, INCLUDING AN EMPLOYER, A HEALTH CARE PLAN, THE

FEDERAL GOVERNMENT, THE COMMONWEALTH, A MUNICIPALITY, A LABOR

UNION OR AN ENTITY LICENSED UNDER ANY OF THE FOLLOWING:

(1) THE ACT OF MAY 17, 1921 (P.L.682, NO.284), KNOWN AS

THE INSURANCE COMPANY LAW OF 1921.

(2) THE ACT OF DECEMBER 29, 1972 (P.L.1701, NO.364),

KNOWN AS THE HEALTH MAINTENANCE ORGANIZATION ACT.

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(3) 40 PA.C.S. CH. 61 (RELATING TO HOSPITAL PLAN

CORPORATIONS).

(4) 40 PA.C.S. CH. 63 (RELATING TO PROFESSIONAL HEALTH

SERVICES PLAN CORPORATIONS).

"SECRETARY." THE SECRETARY OF HUMAN SERVICES OF THE

COMMONWEALTH.

SECTION 1402-C. PENNSYLVANIA EHEALTH PARTNERSHIP PROGRAM.

THE PENNSYLVANIA EHEALTH PARTNERSHIP PROGRAM IS ESTABLISHED

WITHIN THE DEPARTMENT.

SECTION 1403-C. POWERS AND DUTIES.

THE DEPARTMENT'S POWERS AND DUTIES SHALL INCLUDE THE

FOLLOWING:

(1) DEVELOP, ESTABLISH AND MAINTAIN A HEALTH INFORMATION

EXCHANGE THAT COMPLIES WITH FEDERAL AND STATE LAW AND THAT:

(I) PROMOTES EFFICIENT AND EFFECTIVE COMMUNICATION

AMONG MULTIPLE HEALTH CARE PROVIDERS, PAYERS AND

PARTICIPANTS.

(II) CREATES EFFICIENCIES AND PROMOTES ACCURACY IN

THE DELIVERY OF HEALTH CARE.

(III) SUPPORTS THE ABILITY TO IMPROVE COMMUNITY

HEALTH STATUS.

(2) DETERMINE CRITERIA FOR ORGANIZATIONS AND INDIVIDUALS

TO BECOME AND REMAIN PARTICIPANTS IN THE HEALTH INFORMATION

EXCHANGE, INCLUDING CRITERIA FOR ORGANIZATIONS AND

INDIVIDUALS TO BE SUSPENDED AND DISENGAGED AS PARTICIPANTS IN

THE HEALTH INFORMATION EXCHANGE.

(3) DEVELOP AND MAINTAIN A DIRECTORY OF HEALTH CARE

PROVIDERS' CONTACT INFORMATION TO ENABLE PARTICIPANTS TO

SHARE HEALTH INFORMATION ELECTRONICALLY.

(4) DEVELOP AND MAINTAIN STANDARDS TO ENSURE

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INTEROPERABILITY.

(5) ESTABLISH AND COLLECT FEES. FEES MAY INCLUDE

TRANSACTION FEES, SUBSCRIPTION FEES OR OTHER FEES OR

DONATIONS TO COVER COSTS OF IMPLEMENTATION AND OPERATION OF

THE HEALTH INFORMATION EXCHANGE OR FOR OTHER SERVICES

PROVIDED UNDER THIS ARTICLE. RECEIPT OF SERVICES PROVIDED BY

OR THROUGH THE DEPARTMENT MAY BE CONDITIONED ON PAYMENT OF

FEES. PARTICIPATION IN THE HEALTH INFORMATION EXCHANGE BY ANY

HEALTH CARE PROVIDER, PAYER, CONSUMER OR ANY OTHER PERSON

SHALL BE VOLUNTARY.

(6) ESTABLISH AN ADVISORY BOARD UNDER SECTION 1404-C

WITH A DIVERSE MEMBERSHIP REPRESENTING INTERESTED AND

AFFECTED GROUPS AND INDIVIDUALS.

(7) DEVELOP AND CONDUCT PUBLIC INFORMATION PROGRAMS TO

EDUCATE AND INFORM CONSUMERS AND PATIENTS ABOUT HEALTH

INFORMATION.

(8) SUBMIT AN ANNUAL REPORT TO THE GOVERNOR, THE

PRESIDENT PRO TEMPORE OF THE SENATE AND THE SPEAKER OF THE

HOUSE OF REPRESENTATIVES FOR DISTRIBUTION TO APPROPRIATE

LEGISLATIVE COMMITTEES ON THE ACTIVITIES OF THE PROGRAM FOR

THE YEAR, INCLUDING A SUMMARY OF THE RECEIPTS AND

EXPENDITURES, A LIST OF CONTRACTS AND A SUMMARY OF ANY

REPORTABLE SECURITY BREACHES THAT OCCURRED AND CORRECTIVE

ACTIONS THAT WERE TAKEN.

(9) DEVELOP AND MAINTAIN:

(I) A REGISTRY OF PATIENTS CHOOSING TO OPT OUT OF

THE HEALTH INFORMATION EXCHANGE; AND

(II) PROCEDURES TO RE-ENROLL INTO THE HEALTH

INFORMATION EXCHANGE.

(10) PROMULGATE REGULATIONS, AS NECESSARY, TO IMPLEMENT

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AND ADMINISTER THIS ARTICLE.

(11) PERFORM ALL OTHER ACTIVITIES IN FURTHERANCE OF THE

PURPOSES OF THIS ARTICLE.

SECTION 1404-C. PENNSYLVANIA EHEALTH PARTNERSHIP ADVISORY

BOARD.

(A) ESTABLISHMENT.--THE PENNSYLVANIA EHEALTH PARTNERSHIP

ADVISORY BOARD IS ESTABLISHED WITHIN THE DEPARTMENT AS AN

ADVISORY BOARD.

(B) COMPOSITION.--THE BOARD SHALL CONSIST OF THE FOLLOWING

MEMBERS WHO MUST BE RESIDENTS OF THIS COMMONWEALTH:

(1) THE SECRETARY OR A DESIGNEE, WHO SHALL BE AN

EMPLOYEE OF THE DEPARTMENT, DESIGNATED IN WRITING PRIOR TO

SERVICE.

(2) THE SECRETARY OF HEALTH OF THE COMMONWEALTH OR A

DESIGNEE, WHO SHALL BE AN EMPLOYEE OF THE DEPARTMENT OF

HEALTH, DESIGNATED IN WRITING PRIOR TO SERVICE.

(3) THE INSURANCE COMMISSIONER OR A DESIGNEE, WHO SHALL

BE AN EMPLOYEE OF THE INSURANCE DEPARTMENT, DESIGNATED IN

WRITING PRIOR TO SERVICE.

(4) ONE REPRESENTATIVE OF THE HEALTH CARE COMMUNITY

FOCUSED ON AN UNSERVED OR UNDERSERVED RURAL OR URBAN PATIENT

POPULATION, WHO SHALL BE APPOINTED BY THE SECRETARY FROM A

LIST OF INDIVIDUALS SUBMITTED FOR CONSIDERATION BY BOTH THE

PENNSYLVANIA AREA HEALTH EDUCATION CENTER AND THE ASSOCIATION

OF COMMUNITY HEALTH CENTERS.

(5) ONE PHYSICIAN OR NURSE APPOINTED BY THE SECRETARY

FROM LISTS OF INDIVIDUALS SUBMITTED BY THE PENNSYLVANIA

MEDICAL SOCIETY, THE PENNSYLVANIA OSTEOPATHIC MEDICAL

ASSOCIATION, THE PENNSYLVANIA ACADEMY OF FAMILY PHYSICIANS

AND THE PENNSYLVANIA STATE NURSES ASSOCIATION. AT LEAST ONE

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NAME ON EACH LIST MUST INCLUDE AN INDIVIDUAL RESIDING IN AN

UNSERVED OR UNDERSERVED RURAL PATIENT POPULATION AREA AND AN

INDIVIDUAL IN AN UNSERVED OR UNDERSERVED URBAN PATIENT

POPULATION AREA.

(6) ONE HOSPITAL REPRESENTATIVE APPOINTED BY THE

SECRETARY FROM A LIST OF INDIVIDUALS SUBMITTED BY THE

HOSPITAL AND HEALTHSYSTEM ASSOCIATION OF PENNSYLVANIA. AT

LEAST ONE NAME ON THE LIST MUST INCLUDE AN INDIVIDUAL

RESIDING IN AN UNSERVED OR UNDERSERVED RURAL OR URBAN PATIENT

POPULATION AREA.

(7) ONE INSURANCE REPRESENTATIVE APPOINTED BY THE

SECRETARY FROM LISTS OF INDIVIDUALS SUBMITTED BY THE BLUE

CROSS AND BLUE SHIELD PLANS AND THE INSURANCE FEDERATION OF

PENNSYLVANIA.

(8) ONE REPRESENTATIVE OF AN ASSISTED LIVING RESIDENCE,

PERSONAL CARE HOME, LONG-TERM CARE NURSING FACILITY,

CONTINUING CARE FACILITY OR BEHAVIORAL OR MENTAL HEALTH

FACILITY WHO SHALL BE APPOINTED BY THE SECRETARY.

(9) TWO CONSUMER REPRESENTATIVES APPOINTED BY THE

SECRETARY WHO ARE NOT PRIMARILY INVOLVED IN PROVIDING HEALTH

CARE OR HEALTH CARE INSURANCE. AT LEAST ONE OF THE

INDIVIDUALS MUST HAVE EXPERTISE IN HEALTH CARE OR HEALTH CARE

INFORMATION TECHNOLOGY OR THE LABORATORY INDUSTRY.

(10) THREE REPRESENTATIVES FROM ESTABLISHED HEALTH

INFORMATION ORGANIZATIONS APPOINTED BY THE PRESIDENT PRO

TEMPORE OF THE SENATE, IN CONSULTATION WITH THE MAJORITY

LEADER AND THE MINORITY LEADER OF THE SENATE, EACH OF WHOM

SHALL RECOMMEND ONE PERSON. AT LEAST ONE OF THE

REPRESENTATIVES MUST BE FROM THE PRIVATE INFORMATION

TECHNOLOGY SECTOR WITH KNOWLEDGE ABOUT SECURITY ISSUES.

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(11) THREE REPRESENTATIVES FROM ESTABLISHED HEALTH

INFORMATION ORGANIZATIONS APPOINTED BY THE SPEAKER OF THE

HOUSE OF REPRESENTATIVES, IN CONSULTATION WITH THE MAJORITY

LEADER AND THE MINORITY LEADER OF THE HOUSE OF

REPRESENTATIVES, EACH OF WHOM SHALL RECOMMEND ONE PERSON. AT

LEAST ONE OF THE REPRESENTATIVES MUST BE FROM THE PRIVATE

INFORMATION TECHNOLOGY SECTOR WITH KNOWLEDGE ABOUT SECURITY

ISSUES.

(12) ONE HOME CARE OR HOSPICE REPRESENTATIVE APPOINTED

BY THE SECRETARY FROM A LIST OF INDIVIDUALS SUBMITTED BY A

STATEWIDE HOME CARE ASSOCIATION.

OR (3), A MEMBER OF THE BOARD SHALL SERVE FOR A TERM OF THREE

YEARS AFTER COMPLETION OF THE INITIAL TERMS DESIGNATED UNDER

SUBSECTION (G) AND MAY NOT BE ELIGIBLE TO SERVE MORE THAN TWO

FULL CONSECUTIVE THREE-YEAR TERMS. A MEMBER SHALL REMAIN ON THE

BOARD UNTIL THE MEMBER'S REPLACEMENT IS APPOINTED.

(D) QUORUM.--A MAJORITY OF THE APPOINTED MEMBERS OF THE

BOARD SHALL CONSTITUTE A QUORUM FOR THE TRANSACTION OF ANY

BUSINESS. AN ACT BY A MAJORITY OF THE MEMBERS PRESENT AT A

MEETING AT WHICH THERE IS A QUORUM SHALL BE DEEMED TO BE THAT OF

THE BOARD.

(E) MEETINGS.--THE BOARD SHALL HOLD MEETINGS AT LEAST

QUARTERLY AND MAY PROVIDE FOR SPECIAL MEETINGS AS THE BOARD

DEEMS NECESSARY. THE MEETINGS SHALL BE SUBJECT TO THE

REQUIREMENTS OF 65 PA.C.S. CH. 7 (RELATING TO OPEN MEETINGS).

MEETINGS OF THE BOARD MAY BE HELD ANYWHERE WITHIN THIS

COMMONWEALTH.

(F) CHAIRPERSON.--THE SECRETARY SHALL APPOINT A CHAIRPERSON

OF THE BOARD. THE MEMBERS OF THE BOARD SHALL ANNUALLY ELECT, BY

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A MAJORITY VOTE OF THE MEMBERS, A VICE CHAIRPERSON FROM AMONG

THE MEMBERS OF THE BOARD.

(G) INITIAL APPOINTMENT AND VACANCY.--

(1) A MEMBER APPOINTED UNDER SUBSECTION (B)(4), (5) OR

(6) SHALL BE APPOINTED TO AN INITIAL TERM OF TWO YEARS WITH

THE OPTION FOR REAPPOINTMENT TO TWO ADDITIONAL THREE-YEAR

TERMS.

(2) A MEMBER APPOINTED UNDER SUBSECTION (B)(7) OR (8)

SHALL BE APPOINTED TO AN INITIAL TERM OF ONE YEAR WITH THE

OPTION FOR REAPPOINTMENT TO TWO ADDITIONAL THREE-YEAR TERMS.

(3) A MEMBER APPOINTED UNDER SUBSECTION (B)(9) OR (12)

SHALL BE APPOINTED TO AN INITIAL TERM OF THREE YEARS WITH THE

OPTION FOR REAPPOINTMENT TO ONE ADDITIONAL THREE-YEAR TERM.

(4) A MEMBER APPOINTED UNDER SUBSECTION (B)(10) OR (11)

SHALL BE APPOINTED TO AN INITIAL TERM THAT COINCIDES WITH THE

APPOINTING MEMBERS' TERMS WITH THE OPTION FOR REAPPOINTMENT

TO TWO ADDITIONAL THREE-YEAR TERMS.

(H) FORMATION.--THE BOARD MUST BE FORMED WITHIN 90 DAYS OF

THE EFFECTIVE DATE OF THIS SECTION.

(I) REIMBURSEMENT.--THE MEMBERS OF THE BOARD MAY NOT RECEIVE

A SALARY OR PER DIEM ALLOWANCE FOR SERVING AS MEMBERS OF THE

BOARD BUT SHALL BE REIMBURSED FOR ACTUAL AND NECESSARY EXPENSES

INCURRED IN THE PERFORMANCE OF THE MEMBERS' DUTIES.

SECTION 1405-C. ESTABLISHMENT OF FUND.

THE PENNSYLVANIA EHEALTH PARTNERSHIP FUND, ESTABLISHED UNDER

SECTION 501 OF THE ACT OF JULY 5, 2012 (P.L.1042, NO.121), KNOWN

AS THE PENNSYLVANIA EHEALTH INFORMATION TECHNOLOGY ACT, IS

CONTINUED. THE FUND SHALL BE ADMINISTERED BY THE DEPARTMENT UPON

THE EFFECTIVE DATE OF THIS SECTION.

SECTION 1406-C. FUNDS.

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ALL MONEY DEPOSITED INTO THE FUND SHALL BE HELD FOR THE

PURPOSES UNDER THIS ARTICLE, MAY NOT BE CONSIDERED A PART OF THE

GENERAL FUND AND SHALL BE USED ONLY TO EFFECTUATE THE PURPOSES

OF THIS ARTICLE AS DETERMINED BY THE DEPARTMENT. ALL INTEREST

EARNED FROM THE INVESTMENT OR DEPOSIT OF MONEY ACCUMULATED IN

THE FUND SHALL BE DEPOSITED IN THE FUND FOR THE SAME USE.

SECTION 1407-C. CONSENT AND CONFIDENTIALITY OF HEALTH

INFORMATION.

(A) CONSTRUCTION.--

(1) NOTHING UNDER THIS ARTICLE SHALL BE CONSTRUED TO

PROHIBIT A HEALTH CARE PROVIDER OR PAYER FROM OBTAINING AND

STORING A PATIENT'S HEALTH RECORDS IN ELECTRONIC FORM OR

EXCHANGING HEALTH INFORMATION WITH ANOTHER HEALTH CARE

PROVIDER OR PAYER IN ACCORDANCE WITH FEDERAL OR STATE LAW