See other bills
under the
same topic
PRINTER'S NO. 2379
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2067
Session of
2021
INTRODUCED BY GROVE, ZIMMERMAN, GAYDOS, STAMBAUGH, LAWRENCE AND
KEEFER, NOVEMBER 9, 2021
REFERRED TO COMMITTEE ON HEALTH, NOVEMBER 9, 2021
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 general powers and
duties of the department, further providing for State
participation in cooperative Federal programs; in public
assistance, further providing for income for the community
spouse, for medical assistance payments for institutional
care, for medical assistance payments for home health care,
for other medical assistance payments and for medical
assistance benefit packages and coverage, copayments,
premiums and rates; providing for the Office of Independent
Medical Assistance Director; and making an editorial change.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Article II heading and sections 201 and 441.7(a)
of the act of June 13, 1967 (P.L.31, No.21), known as the Human
Services Code, are amended to read:
ARTICLE II
GENERAL POWERS AND DUTIES
OF THE DEPARTMENT OF [PUBLIC WELFARE] HUMAN SERVICES
Section 201. State Participation in Cooperative Federal
Programs.--The department, including through the Office of
Independent Medical Assistance Director, shall have the power
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
and its duties shall be:
(1) With the approval of the Governor, to act as the sole
agency of the State when applying for, receiving and using
Federal funds for the financing in whole or in part of programs
in fields in which the department has responsibility.
(2) With the approval of the Governor, to develop and submit
State plans or other proposals to the Federal [government,]
Government, except as where limited under paragraph (2.1), to
promulgate regulations, establish and enforce standards and to
take such other measures as may be necessary to render the
Commonwealth eligible for available Federal funds or other
assistance. Notwithstanding anything to the contrary in the act
of July 31, 1968 (P.L.769, No.240), referred to as the
Commonwealth Documents Law, the department may omit notice of
proposed rulemaking and promulgate regulations as final when a
delay of thirty days or less in the final adoption of
regulations will result in the loss of Federal funds or when a
delay of thirty days or less in adoption would require the
replacement of Federal funds with State funds.
(2.1) To develop and submit State plans or other proposals
to the Federal Government for medical assistance through the
Independent Office of Medical Assistance Director, to promulgate
regulations, establish and enforce standards and take other
measures as may be necessary to render the Commonwealth eligible
for available Federal funds or other assistance. Notwithstanding
any provision to the contrary in the act of July 31, 1968
(P.L.769, No.240), referred to as the Commonwealth Documents
Law, the department may omit notice of proposed rulemaking and
promulgate regulations as final when a delay of thirty days or
less in the final adoption of regulations will result in the
20210HB2067PN2379 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
loss of Federal funds or when a delay of thirty days or less in
adoption would require the replacement of Federal funds with
State funds.
(3) To make surveys and inventories of existing facilities
and services as required in connection with such State plans,
and to assess the need for construction, modernization or
additional services and to determine priorities with respect
thereto.
(4) To conduct investigations of activities related to
fraud, misuse or theft of public assistance moneys[, medical
assistance moneys or benefits,] or Federal food stamps,
committed by any person who is or has been participating in or
administering programs of the department, or by persons who aid
or abet others in the commission of fraudulent acts affecting
welfare programs.
(4.1) To conduct investigations of activities related to
fraud, misuse or theft of medical assistance moneys or benefits
through the Office of Independent Medical Assistance Director by
a person who is or has been participating in or administering
medical assistance programs or by a person who aids or abets
others in the commission of fraudulent acts affecting medical
assistance.
(5) To collect data on its programs and services, including
efforts aimed at preventative health care, to provide [the
General Assembly with adequate information] to the Office of
Independent Medical Assistance Director, who will compile the
data for use by the General Assembly, to determine the most
cost-effective allocation of resources in the medical assistance
program.
(6) To submit on a [biannual] annual basis a report prepared
20210HB2067PN2379 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
by the Office of Independent Medical Assistance Director to the
General Assembly regarding the medical assistance population,
which shall include aggregate figures, delineated on a monthly
basis, for the number of individuals to whom services were
provided, the type and incidence of services provided by
procedure and the cost per service as well as total expenditures
by service.
Section 441.7. Income for the Community Spouse.--(a) When a
community spouse has income below the monthly maintenance needs
allowance as determined under the [department's] regulations
[and] adopted by the Office of Independent Medical Assistance
Director for the Commonwealth approved State plan under Title
XIX of the Social Security Act (49 Stat. 620, 42 U.S.C. § 1396
et seq.), the institutionalized spouse may transfer additional
resources to the community spouse only in accordance with this
section.
* * *
Section 2. Section 443.1 of the act, added June 30, 2021
(P.L.256, No.56), is amended to read:
Section 443.1. Medical Assistance Payments for Institutional
Care.--The following medical assistance payments shall be made
on behalf of eligible persons whose institutional care is
prescribed by physicians:
(1) Payments as determined by the [department] Office of
Independent Medical Assistance Director for inpatient hospital
care consistent with Title XIX of the Social Security Act (49
Stat. 620, 42 U.S.C. § 1396 et seq.). To be eligible for such
payments, a hospital must be qualified to participate under
Title XIX of the Social Security Act and have entered into a
written agreement with the [department] Office of Independent
20210HB2067PN2379 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Medical Assistance Director regarding matters designated by the
secretary as necessary to efficient administration, such as
hospital utilization, maintenance of proper cost accounting
records and access to patients' records. Such efficient
administration shall require the department to permit
participating hospitals to utilize the same fiscal intermediary
for this Title XIX program as such hospitals use for the Title
XVIII program.
(1.1) Subject to section 813-G, for inpatient hospital
services provided during a fiscal year in which an assessment is
imposed under Article VIII-G, payments under the medical
assistance fee-for-service program shall be determined in
accordance with the [department's] regulations adopted by the
Office of Independent Medical Assistance Director, except as
follows:
(i) If the Commonwealth's approved Title XIX State Plan for
inpatient hospital services in effect for the period of July 1,
2010, through June 30, 2023, specifies a methodology for
calculating payments that is different from the department's
regulations or authorizes additional payments not specified in
the department's regulations, such as inpatient disproportionate
share payments and direct medical education payments, the
department shall follow the methodology or make the additional
payments as specified in the approved Title XIX State Plan.
(ii) Subject to Federal approval of an amendment to the
Commonwealth's approved Title XIX State Plan, in making medical
assistance fee-for-service payments to acute care hospitals for
inpatient services provided on or after July 1, 2010, the
[department] Office of Independent Medical Assistance Director
shall use payment methods and standards that provide for all of
20210HB2067PN2379 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
the following:
(A) Use of the All Patient Refined-Diagnosis Related Group
(APR/DRG) system for the classification of inpatient stays into
DRGs.
(B) Calculation of base DRG rates, based upon a Statewide
average cost, which are adjusted to account for a hospital's
regional labor costs, teaching status, capital and medical
assistance patient levels and such other factors as the
[department] Office of Independent Medical Assistance Director
determines may significantly impact the costs that a hospital
incurs in delivering inpatient services and which may be
adjusted based on the assessment revenue collected under Article
VIII-G.
(C) Adjustments to payments for outlier cases where the
costs of the inpatient stays either exceed or are below cost
thresholds established by the [department] Office of Independent
Medical Assistance Director.
(iii) Notwithstanding subparagraph (i), the [department]
Office of Independent Medical Assistance Director may make
additional changes to its payment methods and standards for
inpatient hospital services consistent with Title XIX of the
Social Security Act, including changes to supplemental payments
currently authorized in the State plan based on the availability
of Federal and State funds.
(1.2) Subject to section 813-G, for inpatient acute care
hospital services provided under the physical health medical
assistance managed care program during State fiscal year 2010-
2011, the following shall apply:
(i) For inpatient hospital services provided under a
participation agreement between an inpatient acute care hospital
20210HB2067PN2379 - 6 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
and a medical assistance managed care organization in effect as
of June 30, 2010, the medical assistance managed care
organization shall pay, and the hospital shall accept as payment
in full, amounts determined in accordance with the payment terms
and rate methodology specified in the agreement and in effect as
of June 30, 2010, during the term of that participation
agreement. If a participation agreement in effect as of June 30,
2010, uses the [department] fee for service DRG rate methodology
in determining payment amounts, the medical assistance managed
care organization shall pay, and the hospital shall accept as
payment in full, amounts determined in accordance with the fee
for service payment methodology in effect as of June 30, 2010,
including, without limitation, continuation of the same grouper,
outlier methodology, base rates and relative weights, during the
term of that participation agreement.
(ii) Nothing in subparagraph (i) shall prohibit payment
rates for inpatient acute care hospital services provided under
a participation agreement to change from the rates in effect as
of June 30, 2010, if the change in payment rates is authorized
by the terms of the participation agreement between the
inpatient acute care hospital and the medical assistance managed
care organization. For purposes of this act, any contract
provision that provides that payment rates and changes to
payment rates shall be calculated based upon the department's
fee for service DRG payment methodology shall be interpreted to
mean the [department's] fee for service medical assistance DRG
methodology in place on June 30, 2010.
(iii) If a participation agreement between a hospital and a
medical assistance managed care organization terminates during a
fiscal year in which an assessment is imposed under Article
20210HB2067PN2379 - 7 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
VIII-G prior to the expiration of the term of the participation
agreement, payment for services, other than emergency services,
covered by the medical assistance managed care organization and
rendered by the hospital shall be made at the rate in effect as
of the termination date, as adjusted in accordance with
subparagraphs (i) and (ii), during the period in which the
participation agreement would have been in effect had the
agreement not terminated. The hospital shall receive the
supplemental payment in accordance with subparagraph (v).
(iv) If a hospital and a medical assistance managed care
organization do not have a participation agreement in effect as
of June 30, 2010, the medical assistance managed care
organization shall pay, and the hospital shall accept as payment
in full, for services, other than emergency services, covered by
the medical assistance managed care organization and rendered
during a fiscal year in which an assessment is imposed under
Article VIII-G, an amount equal to the rates payable for the
services by the medical assistance fee for service program as of
June 30, 2010. The hospital shall receive the supplemental
payment in accordance with subparagraph (v).
(v) The [department] Office of Independent Medical
Assistance Director shall make enhanced capitation payments to
medical assistance managed care organizations, if necessary,
exclusively for the purpose of making supplemental payments to
hospitals in order to promote continued access to quality care
for medical assistance recipients. Medical assistance managed
care organizations shall use the enhanced capitation payments
received pursuant to this section solely for the purpose of
making supplemental payments to hospitals and shall provide
documentation to the [department] Office of Independent Medical
20210HB2067PN2379 - 8 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Assistance Director certifying that all funds received in this
manner are used in accordance with this section. The
supplemental payments to hospitals made pursuant to this
subsection are in lieu of increased or additional payments for
inpatient acute care services from medical assistance managed
care organizations resulting from the [department's] Office of
Independent Medical Assistance Director's implementation of
payments under paragraph (1.1)(ii). Medical assistance managed
care organizations shall in no event be obligated under this
section to make supplemental or other additional payments to
hospitals that exceed the enhanced capitation payments made to
the medical assistance managed care organization under this
section. Medical assistance managed care organizations shall not
be required to advance the supplemental payments to hospitals
authorized by this subsection and shall only make the
supplemental payments to hospitals once medical assistance
managed care organizations have received the enhanced capitation
payments from the [department] Office of Independent Medical
Assistance Director.
(vi) Nothing in this subsection shall prohibit an inpatient
acute care hospital and a medical assistance managed care
organization from executing a new participation agreement or
amending an existing participation agreement on or after July 1,
2010, in which they agree to payment terms that would result in
payments that are different than the payments determined in
accordance with subparagraphs (i), (ii), (iii) and (iv).
(1.3) Subject to section 813-G, the [department] Office of
Independent Medical Assistance Director may adjust its
capitation payments to medical assistance managed care
organizations under the physical health medical assistance
20210HB2067PN2379 - 9 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
managed care program during State fiscal year 2011-2012 to
provide additional funds for inpatient hospital services to
mitigate the impact, if any, to the managed care organizations
that may result from the changes to the [department's] Office of
Independent Medical Assistance Director's payment methods and
standards specified in paragraph (1.1)(ii). If the [department]
Office of Independent Medical Assistance Director adjusts a
medical assistance managed care organization's capitation
payments pursuant to this paragraph, the following shall apply:
(i) The medical assistance managed care organization shall
provide documentation to the [department] Office of Independent
Medical Assistance Director identifying how the additional funds
received pursuant to this subsection were used by the medical
assistance managed care organization.
(ii) If the medical assistance managed care organization
uses all of the additional funds received pursuant to this
subsection to make additional payments to hospitals, the
following shall apply:
(A) For inpatient hospital services provided under a
participation agreement between an inpatient acute care hospital
and the medical assistance managed care organization in effect
as of June 30, 2010, the medical assistance managed care
organization shall pay, and the hospital shall accept as payment
in full, amounts determined in accordance with the payment terms
and rate methodology specified in the agreement and in effect as
of June 30, 2010, during the term of that participation
agreement. If a participation agreement in effect as of June 30,
2010, uses the [department] fee-for-service DRG rate methodology
in determining payment amounts, the medical assistance managed
care organization shall pay, and the hospital shall accept as
20210HB2067PN2379 - 10 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
payment in full, amounts determined in accordance with the fee-
for-service payment methodology in effect as of June 30, 2010,
including, without limitation, continuation of the same grouper,
outlier methodology, base rates and relative weights during the
term of that participation agreement.
(B) Nothing in clause (A) shall prohibit payment rates for
inpatient acute care hospital services provided under a
participation agreement to change from the rates in effect as of
June 30, 2010, if the change in payment rates is authorized by
the terms of the participation agreement between the inpatient
acute care hospital and the medical assistance managed care
organization. For purposes of this act, any contract provision
that provides that payment rates and changes to payment rates
shall be calculated based upon the [department's] fee-for-
service DRG payment methodology shall be interpreted to mean the
[department's] fee-for-service medical assistance DRG
methodology in place on June 30, 2010.
(C) For an out-of-network inpatient discharge of a recipient
enrolled in a medical assistance managed care organization that
occurs in State fiscal year 2011-2012, the medical assistance
managed care organization shall pay, and the hospital shall
accept as payment in full, the amount that the [department's]
fee-for-service program would have paid for the discharge if the
recipient were enrolled in the [department's] fee-for-service
program and the discharge occurred on June 30, 2010.
(D) Nothing in this subparagraph shall prohibit an inpatient
acute care hospital and a medical assistance managed care
organization from executing a new participation agreement or
amending an existing participation agreement on or after July 1,
2010, in which they agree to payment terms that would result in
20210HB2067PN2379 - 11 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
payments that are different from the payments determined in
accordance with clauses (A), (B) and (C).
(1.4) Subject to section 813-G, for inpatient hospital
services provided under the physical health medical assistance
managed care program during State fiscal years 2012-2013, 2013-
2014, 2014-2015, 2015-2016, 2016-2017 and 2017-2018, the
following shall apply:
(A) The [department] Office of Independent Medical
Assistance Director may adjust its capitation payments to
medical assistance managed care organizations to provide
additional funds for inpatient and outpatient hospital services.
(B) For an out-of-network inpatient discharge of a recipient
enrolled in a medical assistance managed care organization that
occurs in State fiscal year 2012-2013, 2013-2014, 2014-2015,
2015-2016, 2016-2017 and 2017-2018, the medical assistance
managed care organization shall pay, and the hospital shall
accept as payment in full, the amount that the [department's]
fee-for-service program would have paid for the discharge if the
recipient was enrolled in the [department's] fee-for-service
program.
(C) Nothing in this paragraph shall prohibit an inpatient
acute care hospital and a medical assistance managed care
organization from executing a new participation agreement or
amending an existing participation agreement on or after July 1,
2013.
(1.5) As used in paragraphs (1.2), (1.3) and (1.4), the
following terms shall have the following meanings:
(i) "Emergency services" means emergency services as defined
in section 1932(b) of the Social Security Act (49 Stat. 620, 42
U.S.C. § 1396u-2(b)(2)(B)). The term shall not include
20210HB2067PN2379 - 12 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
poststabilization care services as defined in 42 CFR 438.114(a)
(1) (relating to emergency and poststabilization services).
(ii) "Medical assistance managed care organization" means a
Medicaid managed care organization as defined in section 1903(m)
(1)(a) of the Social Security Act (49 Stat. 620, 42 U.S.C. §
1396b(m)(1)(a)) that is a party to a Medicaid managed care
contract with the [department] Office of Independent Medical
Assistance Director, other than a behavioral health managed care
organization that is a party to a medical assistance managed
care contract with the [department] Office of Independent
Medical Assistance Director.
(1.6) Notwithstanding any other provision of law or
departmental regulation to the contrary, the [department] Office
of Independent Medical Assistance Director shall make separate
fee-for-service APR/DRG payments for medically necessary
inpatient acute care general hospital services provided for
normal newborn care and for mothers' obstetrical delivery.
(2) The cost of skilled nursing and intermediate nursing
care in State-owned geriatric centers, institutions for the
mentally retarded, institutions for the mentally ill, and the
cost of skilled and intermediate nursing care provided prior to
June 30, 2004, in county homes which meet the State and Federal
requirements for participation under Title XIX of the Social
Security Act and which are approved by the [department] Office
of Independent Medical Assistance Director. This cost in county
homes shall be as specified by the regulations of the
[department] Office of Independent Medical Assistance Director
adopted under Title XIX of the Social Security Act and certified
to the department by the Auditor General; elsewhere the cost
shall be determined by the [department] Office of Independent
20210HB2067PN2379 - 13 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Medical Assistance Director;
(3) Rates on a cost-related basis established by the
department for skilled nursing home or intermediate care in a
non-public nursing home, when furnished by a nursing home
licensed or approved by the department and qualified to
participate under Title XIX of the Social Security Act and
provided prior to June 30, 2004;
(4) Payments as determined by the department for inpatient
psychiatric care consistent with Title XIX of the Social
Security Act. To be eligible for such payments, a hospital must
be qualified to participate under Title XIX of the Social
Security Act and have entered into a written agreement with the
department regarding matters designated by the secretary as
necessary to efficient administration, such as hospital
utilization, maintenance of proper cost accounting records and
access to patients' records. Care in a private mental hospital
provided under the fee for service delivery system shall be
limited to thirty days in any fiscal year for recipients aged
twenty-one years or older who are eligible for medical
assistance under Title XIX of the Social Security Act and for
recipients aged twenty-one years or older who are eligible for
general assistance-related medical assistance. Exceptions to the
thirty-day limit may be granted under section 443.3. Only
persons aged twenty-one years or under and aged sixty-five years
or older shall be eligible for care in a public mental hospital.
This cost shall be as specified by regulations of the
[department] Office of Independent Medical Assistance Director
adopted under Title XIX of the Social Security Act and certified
to the department by the Auditor General for county and non-
public institutions;
20210HB2067PN2379 - 14 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(5) After June 30, 2004, and before June 30, 2007, payments
to county and nonpublic nursing facilities enrolled in the
medical assistance program as providers of nursing facility
services shall be calculated and made as specified in the
[department's] Office of Independent Medical Assistance
Director's regulations in effect on July 1, 2003, except that if
the Commonwealth's approved Title XIX State Plan for nursing
facility services in effect for the period of July 1, 2004,
through June 30, 2007, specifies a methodology for calculating
county and nonpublic nursing facility payment rates that is
different than the department's regulations in effect on July 1,
2003, the [department] Office of Independent Medical Assistance
Director shall follow the methodology in the Federally approved
Title XIX State plan.
(6) For public nursing home care provided on or after July
1, 2005, the [department] Office of Independent Medical
Assistance Director may recognize the costs incurred by county
nursing facilities to provide services to eligible persons as
medical assistance program expenditures to the extent the costs
qualify for Federal matching funds and so long as the costs are
allowable as determined by the department and reported and
certified by the county nursing facilities in a form and manner
specified by the department. Expenditures reported and certified
by county nursing facilities shall be subject to periodic review
and verification by the department or the Auditor General.
Notwithstanding this paragraph, county nursing facilities shall
be paid based upon rates determined in accordance with
paragraphs (5) and (7).
(7) After June 30, 2007, payments to county and nonpublic
nursing facilities enrolled in the medical assistance program as
20210HB2067PN2379 - 15 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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] Office of Independent Medical Assistance
Director'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:
(i) For the fiscal year 2007-2008, the [department] Office
of Independent Medical Assistance Director shall apply a revenue
adjustment neutrality factor and make adjustments to county and
nonpublic nursing facility payment rates for medical assistance
nursing facility services. The revenue adjustment factor shall
limit the estimated aggregate increase in the Statewide day-
weighted average payment rate over the three-year period
commencing July 1, 2005, and ending June 30, 2008, from the
Statewide day-weighted average payment rate for medical
assistance nursing facility services in fiscal year 2004-2005 to
6.912% plus any percentage rate of increase permitted by the
amount of funds appropriated for nursing facility services in
the General Appropriation Act of 2007. Application of the
revenue adjustment neutrality factor shall be subject to Federal
approval of any amendments as may be necessary to the
Commonwealth's approved Title XIX State Plan for nursing
facility services.
(ii) The [department] Office of Independent Medical
Assistance Director may make additional changes to its
methodologies for establishing payment rates for county and
nonpublic nursing facilities enrolled in the medical assistance
program consistent with Title XIX of the Social Security Act,
except that if during a fiscal year an assessment is implemented
20210HB2067PN2379 - 16 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
under Article VIII-A, the department shall not make a change
under this subparagraph unless it adopts regulations as provided
under section 814-A.
(iii) Subject to Federal approval of such amendments as may
be necessary to the Commonwealth's approved Title XIX State
Plan, the department shall do all of the following:
(A) For each fiscal year between July 1, 2008, and June 30,
2011, the department shall apply a revenue adjustment neutrality
factor to county and nonpublic nursing facility payment rates.
For each such fiscal year, the revenue adjustment neutrality
factor shall limit the estimated aggregate increase in the
Statewide day-weighted average payment rate so that the
aggregate percentage rate of increase for the period that begins
on July 1, 2005, and ends on the last day of the fiscal year is
limited to the amount permitted by the funds appropriated by the
General Appropriations Act for those fiscal years.
(B) In calculating rates for nonpublic nursing facilities
for fiscal year 2008-2009, the department shall continue to
include costs incurred by county nursing facilities in the rate-
setting database, as specified in the department's regulations
in effect on July 1, 2007.
(C) The department shall propose regulations that phase out
the use of county nursing facility costs as an input in the
process of setting payment rates of nonpublic nursing
facilities. The final regulations shall be effective July 1,
2009, and shall phase out the use of these costs in rate-setting
over a period of three rate years, beginning fiscal year 2009-
2010 and ending on June 30, 2012.
(D) The department shall propose regulations that establish
minimum occupancy requirements as a condition for bed-hold
20210HB2067PN2379 - 17 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
payments. The final regulations shall be effective July 1, 2009,
and shall phase in these requirements over a period of two rate
years, beginning fiscal year 2009-2010.
(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] Office of Independent Medical Assistance
Director 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, 2022, 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.
(v) Subject to Federal approval of such amendments as may be
necessary to the Commonwealth's approved Title XIX State Plan,
for fiscal year 2013-2014, the [department] Office of
Independent Medical Assistance Director shall make quarterly
medical assistance day-one incentive payments to qualified
nonpublic nursing facilities. The [department] Office of
Independent Medical Assistance Director shall determine the
nonpublic nursing facilities that qualify for the quarterly
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
20210HB2067PN2379 - 18 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
facilities under Article VIII-A. The [department's] Office of
Independent Medical Assistance Director's determination and
calculations under this subparagraph shall be based on the
nursing facility assessment quarterly resident day reporting
forms available on October 31, January 31, April 30 and July 31.
The [department] Office of Independent Medical Assistance
Director shall not retroactively revise a medical assistance
day-one incentive payment amount based on a nursing facility's
late submission or revision of its report after these dates. The
[department] Office of Independent Medical Assistance Director,
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 85% 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
occupancy rate of at least 65% 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
20210HB2067PN2379 - 19 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
facility for a full resident day quarter prior to the applicable
quarterly reporting due dates of October 31, January 31, April
30 and July 31.
(B) The [department] Office of Independent Medical
Assistance Director shall calculate a qualified nonpublic
nursing facility's medical assistance day-one incentive
quarterly payment as follows:
(I) The total funds appropriated for payments under this
subparagraph shall be divided by four.
(II) To establish the quarterly per diem rate, 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.
(III) To determine a qualifying nonpublic nursing facility's
quarterly medical assistance day-one incentive payment, the
quarterly per diem rate shall be multiplied by a nonpublic
nursing facility's total PA MA days, as reported by the facility
under Article VIII-A.
(C) For fiscal year 2013-2014, the State funds available for
the nonpublic nursing facility medical assistance day-one
incentive payments shall equal eight million dollars
($8,000,000).
(vi) Subject to Federal approval of such amendments as may
be necessary to the Commonwealth's approved Title XIX State
Plan, for fiscal years 2015-2016, 2016-2017, 2018-2019, and
2019-2020, the [department] Office of Independent Medical
Assistance Director 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
20210HB2067PN2379 - 20 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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
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
20210HB2067PN2379 - 21 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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.
(C) The following shall apply:
(I) For fiscal years 2015-2016, 2016-2017 and 2018-2019, the
State funds available for the nonpublic nursing facility medical
assistance day-one incentive payments shall equal eight million
dollars ($8,000,000).
(II) For fiscal years 2019-2020, the State funds available
for the nonpublic nursing facility medical assistance day-one
incentive payments shall equal sixteen million dollars
($16,000,000).
(vii) For each fiscal year beginning on or after fiscal year
2020-2021, an additional annual payment equal to one hundred
20210HB2067PN2379 - 22 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
thirty dollars ($130) per eligible Medicaid ventilator or
tracheostomy day shall be paid to qualified medical assistance
nonpublic and county nursing facilities on a quarterly basis.
The [department] Office of Independent Medical Assistance
Director will obtain all necessary approvals and take all steps
required to ensure the distribution of these payments to all
qualifying nursing facilities under both the fee-for-service
program and the managed long-term services and supports program.
The following shall apply:
(A) A nonpublic or county nursing facility will qualify for
the payment if, during any quarter of the year, the facility
had:
(I) a minimum of ten medical assistance recipient residents
who received medically necessary ventilator care or tracheostomy
care according to the most recently available Picture Date CMI
Report; and
(II) at least seventeen percent of the facility's medical
assistance recipient resident population receiving medically
necessary ventilator care or tracheostomy care according to at
least one of the three most recently available medical
assistance Picture Date CMI Reports.
(B) The [department] Office of Independent Medical
Assistance Director shall calculate a qualified nonpublic or
county nursing facility's payment as follows:
(I) The determination of medically necessary ventilator care
is based on whether there is a positive response to MDS 3.0
Section O0100F1 or O0100F2 on the MDS assessment identified on
the Picture Date CMI Report. The determination of medically
necessary tracheostomy care is based on whether there is a
positive response to MDS 3.0 Section O0100E1 or O0100E2 on the
20210HB2067PN2379 - 23 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
MDS assessment identified on the Picture Date CMI Report.
(II) The quarterly payment shall equal the additional
supplemental ventilator care and tracheostomy care per diem
described in unit (a) multiplied by the number of eligible days
described in unit (b) as follows:
(a) The additional supplemental ventilator care and
tracheostomy care per diem shall equal the number of MA-
recipient residents who receive necessary ventilator care or
tracheostomy care/total MA-recipient residents x $130 as
identified in the facility's most recently available Picture
Date CMI Report.
(b) The facility's eligible days for the quarter are the
facility's paid MA facility days and therapeutic leave days; if
the facility does not meet the criteria of clause (A)(I) during
the payment quarter, the facility's eligible days for the
quarter are zero.
(C) The [department] Office of Independent Medical
Assistance Director shall publish on a quarterly basis the
information contained in the Supplemental Ventilator Care and
Tracheostomy Care Payments file currently published on the
department's publicly accessible Internet website.
(8) As a condition of participation in the medical
assistance program, before any county or nonpublic nursing
facility increases the number of medical assistance certified
beds in its facility or in the medical assistance program,
whether as a result of an increase in beds in an existing
facility or the enrollment of a new provider, the facility must
seek and obtain advance written approval of the increase in
certified beds from the department. The following shall apply:
(i) Before July 1, 2009, the department shall propose
20210HB2067PN2379 - 24 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
regulations that would establish the process and criteria to be
used to review and respond to requests for increases in medical
assistance certified beds, including whether an increase in the
number of certified beds is necessary to assure that long-term
living care and services under the medical assistance program
will be provided in a manner consistent with applicable Federal
and State law, including Title XIX of the Social Security Act.
(ii) Pending adoption of regulations, a nursing facility's
request for advance written approval for an increase in medical
assistance certified beds shall be submitted and reviewed in
accordance with the process and guidelines contained in the
statement of policy published in 28 Pa.B. 138.
(iii) The [department] Office of Independent Medical
Assistance Director may publish amendments to the statement of
policy if the department determines that changes to the process
and guidelines for reviewing and responding to requests for
approval of increases in medical assistance certified beds will
facilitate access to medically necessary nursing facility
services or are required to assure that long-term living care
and services under the medical assistance program will be
provided in a manner consistent with applicable Federal and
State law, including Title XIX of the Social Security Act. The
[department] Office of Independent Medical Assistance Director
shall publish the proposed amendments in the Pennsylvania
Bulletin and solicit public comments for thirty days. After
consideration of the comments it receives, the [department]
Office of Independent Medical Assistance Director may proceed to
adopt the amendments by publishing an amended statement of
policy in the Pennsylvania Bulletin which shall include its
responses to the public comments that it received concerning the
20210HB2067PN2379 - 25 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
proposed amendments.
Section 3. Sections 443.2, 443.3 and 454(a) and (c) of the
act are amended to read:
Section 443.2. Medical Assistance Payments for Home Health
Care.--The following medical assistance payments shall be made
in behalf of eligible persons whose care in the home has been
prescribed by a physician, chiropractor or podiatrist:
(1) Rates established by the [department] Office of
Independent Medical Assistance Director for post-hospital home
care, as specified by regulations of the [department] Office of
Independent Medical Assistance Director adopted under Title XIX
of the Federal Social Security Act for not more than one hundred
eighty days following a period of hospitalization, if such care
is related to the reason the person was hospitalized and if
given by a hospital as comprehensive, hospital type care in a
patient's home;
(2) Rates established by the [department] Office of
Independent Medical Assistance Director for home health care
services if such services are furnished by a voluntary or
governmental health agency.
Section 443.3. Other Medical Assistance Payments.--(a)
Payments on behalf of eligible persons shall be made for other
services, as follows:
(1) Rates established by the [department] Office of
Independent Medical Assistance Director for outpatient services
as specified by regulations of the department adopted under
Title XIX of the Social Security Act (49 Stat. 620, 42 U.S.C. §
1396 et seq.) consisting of preventive, diagnostic, therapeutic,
rehabilitative or palliative services; furnished by or under the
direction of a physician, chiropractor or podiatrist, by a
20210HB2067PN2379 - 26 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
hospital or outpatient clinic which qualifies to participate
under Title XIX of the Social Security Act, to a patient to whom
such hospital or outpatient clinic does not furnish room, board
and professional services on a continuous, twenty-four hour a
day basis.
(1.1) Rates established by the [department] Office of
Independent Medical Assistance Director for observation services
provided by or furnished under the direction of a physician and
furnished by a hospital. Payment for observation services shall
be made in an amount specified by the [department] Office of
Independent Medical Assistance Director by notice in the
Pennsylvania Bulletin and shall be effective for dates of
service on or after July 1, 2016. Payment for observation
services shall be subject to conditions specified in the
[department's] Office of Independent Medical Assistance Director
regulations, including regulations adopted by the [department]
Office of Independent Medical Assistance Director to implement
this paragraph. Pending adoption of regulations implementing
this paragraph, the conditions for payment of observation
services shall be specified in a medical assistance bulletin.
(2) Rates established by the [department] Office of
Independent Medical Assistance Director for (i) other laboratory
and X-ray services prescribed by a physician, chiropractor or
podiatrist and furnished by a facility other than a hospital
which is qualified to participate under Title XIX of the Social
Security Act, (ii) physician's services consisting of
professional care by a physician, chiropractor or podiatrist in
his office, the patient's home, a hospital, a nursing facility
or elsewhere, (iii) the first three pints of whole blood, (iv)
remedial eye care, as provided in Article VIII consisting of
20210HB2067PN2379 - 27 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
medical or surgical care and aids and services and other vision
care provided by a physician skilled in diseases of the eye or
by an optometrist which are not otherwise available under this
Article, (v) special medical services for school children, as
provided in the Public School Code of 1949, consisting of
medical, dental, vision care provided by a physician skilled in
diseases of the eye or by an optometrist or surgical care and
aids and services which are not otherwise available under this
article.
(3) Notwithstanding any other provision of law, for
recipients aged twenty-one years or older receiving services
under the fee for service delivery system who are eligible for
medical assistance under Title XIX of the Social Security Act
and for recipients aged twenty-one years or older receiving
services under the fee-for-service delivery system who are
eligible for general assistance-related categories of medical
assistance, the following medically necessary services:
(i) Psychiatric outpatient clinic services not to exceed
five hours or ten one-half-hour sessions per thirty consecutive
day period.
(ii) Psychiatric partial hospitalization not to exceed five
hundred forty hours per fiscal year.
(b) The [department] Office of Independent Medical
Assistance Director may grant exceptions to the limits specified
in this section, section 443.1(4) or the department's
regulations when any of the following circumstances applies:
(1) The [department] Office of Independent Medical
Assistance Director determines that the recipient has a serious
chronic systemic illness or other serious health condition and
denial of the exception will jeopardize the life of or result in
20210HB2067PN2379 - 28 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
the rapid, serious deterioration of the health of the recipient.
(2) The [department] Office of Independent Medical
Assistance Director determines that granting a specific
exception to a limit is a cost-effective alternative for the
medical assistance program.
(3) The [department] Office of Independent Medical
Assistance Director determines that granting an exception to a
limit is necessary in order to comply with Federal law.
(c) The [Secretary of Public Welfare] Office of Independent
Medical Assistance Director shall promulgate regulations
pursuant to section 204(1)(iv) of the act of July 31, 1968
(P.L.769, No.240), referred to as the Commonwealth Documents
Law, to implement this section. Notwithstanding any other
provision of law, the promulgation of regulations under this
subsection shall, until December 31, 2005, be exempt from all of
the following:
(1) Section 205 of the Commonwealth Documents Law.
(2) Section 204(b) of the act of October 15, 1980 (P.L.950,
No.164), known as the "Commonwealth Attorneys Act."
(3) The act of June 25, 1982 (P.L.633, No.181), known as the
"Regulatory Review Act."
Section 454. Medical Assistance Benefit Packages; Coverage,
Copayments, Premiums and Rates.--(a) Notwithstanding any other
provision of law to the contrary, the [department] Office of
Independent Medical Assistance Director shall promulgate
regulations as provided in subsection (b) to establish provider
payment rates; the benefit packages and any copayments for
adults eligible for medical assistance under Title XIX of the
Social Security Act (49 Stat 620, 42 U.S.C. § 1396 et seq.) and
adults eligible for medical assistance in general assistance-
20210HB2067PN2379 - 29 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
related categories; and the premium or copayment requirements
for disabled children whose family income is above two hundred
percent of the Federal poverty income limit. Subject to such
Federal approval as may be necessary, the regulations shall
authorize and describe the available benefit packages and any
copayments and premiums, except that the [department] Office of
Independent Medical Assistance Director shall set forth the
copayment and premium schedule for disabled children whose
family income is above two hundred percent of the Federal
poverty income limit by publishing a notice in the Pennsylvania
Bulletin. The [department] Office of Independent Medical
Assistance Director may adjust such copayments and premiums for
disabled children by notice published in the Pennsylvania
Bulletin. The regulations shall also specify the effective date
for provider payment rates.
* * *
(c) The [department] Office of Independent Medical
Assistance Director is authorized to grant exceptions to any
limits specified in the benefit packages adopted under this
section or when any of the following circumstances applies:
(1) The [department] Office of Independent Medical
Assistance Director determines the recipient has a serious
chronic systemic illness or other serious health condition and
denial of the exception will jeopardize the life of or result in
the rapid, serious deterioration of the health of the recipient.
(2) The [department] Office of Independent Medical
Assistance Director determines that granting a specific
exception to a limit is a cost-effective alternative for the
medical assistance program.
(3) The department determines that granting an exception to
20210HB2067PN2379 - 30 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
a limit is necessary in order to comply with Federal law.
* * *
Section 4. The act is amended by adding an article to read:
ARTICLE IV-A
OFFICE OF INDEPENDENT MEDICAL ASSISTANCE DIRECTOR
Section 401-A. Declaration of purpose.
The General Assembly finds and declares that the intent of
this article is to ensure that the Commonwealth's current
medical assistance programs provide all of the following:
(1) Budget stability and predictability through defined
outcomes, performance and accountability.
(2) A balance of quality, patient satisfaction,
financial measures and self-sufficiency.
(3) The most efficient and cost-effective services,
administrative systems and structures.
(4) A sustainable and uniform delivery system across the
Commonwealth's departments and agencies.
(5) The offering of services to assist recipients to
attain independence or self-care.
Section 402-A. 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:
"Commonwealth agency." A State agency, department, board,
office, bureau, division, committee or council.
"Director." The Director of the Office of Independent
Medical Assistance Director.
Section 403-A. Office of Independent Medical Assistance
Director.
(a) Establishment.-- The Office of Independent Medical
20210HB2067PN2379 - 31 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Assistance Director is established within the department for
budgetary purposes.
(b) Employees.--Employees of any Commonwealth agency who
operate and administer medical assistance programs prior to the
effective date of this section shall be transferred to the
Office of Independent Medical Assistance Director at the
discretion of the director. The funds that pay for the salaries
of the employees transferred under this section shall be paid
out of the encumbered funds of the agency from which the
employee was transferred.
(c) Funding.-- All funding from any Federal or State sources
regarding the operation of the Commonwealth's medical assistance
programs shall be transferred into a restricted account in the
General Fund in accordance with the following:
(1) Money from the restricted account may be transferred
only upon the approval of the director or the director's
designee, as prescribed under this article.
(2) The director shall coordinate payments from the
Commonwealth's medical assistance programs with the State
Treasurer to optimize the Commonwealth's cash flow within the
General Fund and total operating budget.
Section 404-A. Director of the Office of Independent Medical
Assistance Director.
(a) Appointment.--The Governor shall appoint the director
from the list submitted by the Selection and Organization
Committee under subsection (c) for a term of six years and
subject to confirmation by the Senate. The initial term of
office for the director shall commence upon confirmation by the
Senate and shall expire June 30, 2026. After June 30, 2026, the
term of office for the director shall be six years and shall
20210HB2067PN2379 - 32 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
commence on July 1 after the date of confirmation. A director
may serve more than one term if selected by the Selection and
Organization Committee.
(b) Committee.--The Selection and Organization Committee is
established for the purpose of comprising a list of potential
nominees for director. The committee shall consist of the
following:
(1) The President pro tempore of the Senate and the
Speaker of the House of Representatives.
(2) The Majority Leader and the Minority Leader of the
Senate and the Majority Leader and the Minority Leader of the
House of Representatives.
(3) The chair and minority chair of the Appropriations
Committee of the Senate and the chair and minority chair of
the Appropriations Committee of the House of Representatives.
(4) The chair and minority chair of the Health and Human
Services Committee of the Senate and the chair and minority
chair of the Health Committee of the House of
Representatives.
(c) Nomination.--The following shall apply:
(1) The Selection and Organization Committee shall
submit no more than three potential nominees for director to
the Governor within 30 days of a vacancy.
(2) The Governor shall select one of the nominees under
paragraph (1) and submit the nominee to the Senate for
confirmation no later than May 1 of the year when the term of
office expires.
(3) If the Governor fails to submit a nominee under
paragraph (2) by May 1 of the year when the term of office
expires, the President pro tempore of the Senate and the
20210HB2067PN2379 - 33 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Speaker of the House of Representatives shall jointly submit
a nominee to the Senate on or before May 15 of the same year
by resolution. The resolution shall include all of the
following:
(i) The name of the nominee.
(ii) The effective date of the appointment.
(iii) The date of expiration of the term of office.
(iv) The residence of the nominee.
(v) A clause providing that the nominee is submitted
upon joint recommendation of the President pro tempore of
the Senate and the Speaker of the House of
Representatives.
(4) If a nominee for director is not confirmed within 30
days of submission to the Senate, a new nominee for director
shall be submitted to the Senate.
(d) Vacancy.--The following shall apply if the position of
director is vacant:
(1) If the vacancy occurs before the director's term of
office expires, the Governor shall select one of the nominees
under subsection (c)(1) and submit the nominee to the Senate
no later than 60 days after the vacancy occurs.
(2) If the vacancy occurs when the General Assembly is
not in session, the Governor shall appoint an acting director
until such time as the General Assembly has reconvened . An
acting director may not serve for more than three months.
(3) If no director has been approved within three months
of a vacancy, a new director shall be appointed in accordance
with paragraph (1).
(e) Removal.--The Governor may remove the director only if
the director has committed a breach of public trust or violated
20210HB2067PN2379 - 34 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
the laws of this Commonwealth.
Section 405-A. Powers and duties of director.
The director shall have the following powers and duties:
(1) Administering medical assistance programs in a
manner in which the total expenditures, net of agency
receipts, do not exceed the authorized budget for the medical
assistance programs.
(2) Employing clerical and professional staff for the
Office of Independent Medical Assistance Director, including
consultants, actuaries and legal counsel, for the purpose of
administering medical assistance programs. The director may
offer employment contracts for specified terms and set
compensation for the employees, which may include
performance-based bonuses based on meeting budget or other
targets.
(3) Notwithstanding any other provisions of law,
entering into and managing contracts for the administration
of medical assistance programs, which shall include all of
the following:
(i) Expected outcomes to improve the health and
well-being of residents of this Commonwealth.
(ii) Value-based purchasing.
(iii) The use of evidence-based programs.
(iv) The development of medical homes.
(v) Uniformed coordination of services.
(vi) Cost-containment provisions.
(vii) Maximizing the amount of Federal funds.
(viii) Recommendations for identifying cost savings
within medical assistance programs.
(4) Establishing and adjusting all components of
20210HB2067PN2379 - 35 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
medical assistance programs within the appropriated and
allocated budget.
(5) Adopting rules and regulations relating to medical
assistance programs in accordance with Executive Order 1996-
1.
(6) Developing mid-year budget correction plans and
strategies and taking mid-year budget corrective actions as
necessary to keep medical assistance programs within budget.
(7) Approving or disapproving and overseeing all
expenditures to be allocated to medical assistance programs.
(8) Developing and providing to the Office of the
Budget, the Appropriations Committee of the Senate , the
Appropriations Committee of the House of Representatives and
the Independent Fiscal Office by January 1, 2022, and each
year thereafter, the following information about medical
assistance programs:
(i) A detailed four-year forecast of expected
changes to enrollment growth and enrollment demographics.
(ii) Changes that will be implemented by the
department in order to stay within the existing budget
based on the next fiscal year's forecasted enrollment
growth and enrollment demographics.
(iii) The cost to maintain the current level of
services based on the next fiscal year's forecasted
enrollment growth and enrollment demographics.
(9) Creating a publicly accessible Internet website for
the Office of Independent Medical Assistance Director and
updating the website on at least a monthly basis with the
following information about the m edical assistance programs:
(i) Enrollment by medical assistance program aid
20210HB2067PN2379 - 36 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
category by county.
(ii) Per member, per month spending by category of
service.
(iii) Spending and receipts by fund, including a
detailed variance analysis.
(iv) A comparison of the figures specified under
subparagraphs (i), (ii) and (iii) to the amounts
forecasted and budgeted for the corresponding time
period.
(10) Developing performance measures and outcomes for
programs under the director's jurisdiction and programs which
are billed against m edical assistance programs.
(11) Making annual recommendations to the Governor and
the General Assembly to streamline programs to provide better
services for residents of this Commonwealth at a lower cost
to taxpayers who reside within this Commonwealth .
(12) Serving at the pleasure of the residents of this
Commonwealth in an independent manner.
(13) Developing and implementing policies to address
excessive utilization of health care services.
(14) Ensuring that services are coordinated throughout
Commonwealth agencies, including physical health, behavioral
health, long-term services and supports and third-party
insurances.
Section 406-A. Amendments to State plan for medical assistance
programs.
(a) Authority.--The director shall have the sole authority
to manage all m edical assistance programs in the Commonwealth,
including, but not limited to, being the sole authority for
submitting an amendment to the State's plan under Title XIX of
20210HB2067PN2379 - 37 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
the Social Security Act (49 Stat. 620, 42 U.S.C. § 1396 et seq.)
to the Centers for Medicare and Medicaid services offered under
any of the Commonwealth's medical assistance programs.
(b) Amendments.--The director may take all necessary action
to amend the State plan for m edical assistance programs in order
to keep m edical assistance programs within the certified budget,
including State plan amendments, waivers and waiver amendments.
(c) Submission.--An amendment to the State plan for m edical
assistance programs shall be submitted by the director in
accordance with the following:
(1) A law of this Commonwealth mandating that the
director submit an amendment to the State plan for m edical
assistance programs.
(2) A law of this Commonwealth which changes m edical
assistance programs and requires approval from the Federal
Government.
(3) A change in Federal law which requires an amendment
to the State plan for m edical assistance programs.
(4) An order of a court of competent jurisdiction if the
amendment to the State plan for m edical assistance programs
is necessary to implement the order.
(5) In a manner as required to maintain Federal funding
for m edical assistance programs.
(d) Notice.--No less than 30 days before submitting an
amendment to the State plan for medical assistance programs to
the Federal Government, the director shall post the amendment on
the Office of Independent Medical Assistance Director's publicly
accessible Internet website and notify the members of the
General Assembly and the Independent Fiscal Office that the
amendment has been posted. The notice requirement under this
20210HB2067PN2379 - 38 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
subsection shall not apply to a draft or proposed amendment
submitted to the Federal Government for comments and not for
approval.
Section 407-A. Use of funds.
The Office of Independent Medical Assistance Director shall
use encumbered funds appropriated to the department to implement
this article.
Section 408-A. Legislative oversight powers.
The Appropriations Committee of the Senate and the
Appropriations Committee of House of Representatives, while in
discharge of official duties, shall have access to any document
and may compel the attendance of an employee or secure any
evidence.
Section 409-A. Duties of Commonwealth agencies.
The following shall apply:
(1) A Commonwealth agency shall not interfere with the
duties of the director or withhold information requested by
the director.
(2) A Commonwealth agency shall coordinate with the
director to ensure that the residents of this Commonwealth
have a continuity of care.
Section 410-A. Regulations.
The Office of Independent Medical Assistance Director shall
have the authority to promulgate regulations as necessary.
Section 411-A . Construction.
Nothing in this article may be construed to limit the budget
authority of the Office of the Budget under Article VI of the
act of April 9, 1929 (P.L.177, No.175), known as The
Administrative Code of 1929.
Section 5. All acts and parts of acts are repealed insofar
20210HB2067PN2379 - 39 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
as they are inconsistent with this act.
Section 6. This act shall take effect immediately.
20210HB2067PN2379 - 40 -
1
2