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PRINTER'S NO. 3076
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2563
Session of
2022
INTRODUCED BY STRUZZI, WELBY, STAATS, DeLUCA, MATZIE, RIGBY,
MULLINS, SANKEY, SCHLOSSBERG, LONGIETTI, MUSTELLO, FARRY,
BOBACK, JAMES, SCHLEGEL CULVER, CEPHAS, SCHROEDER, SCHWEYER,
WHEELAND, BOYLE, HENNESSEY, KAIL, ECKER, MIHALEK, DAVANZO,
ROTHMAN, FRANKEL, R. BROWN, GUENST, DeLISSIO, SANCHEZ, MAJOR,
QUINN, RADER, THOMAS, CARROLL, FRITZ, WEBSTER AND SMITH,
MAY 2, 2022
REFERRED TO COMMITTEE ON APPROPRIATIONS, MAY 2, 2022
AN ACT
Amending the act of April 9, 1929 (P.L.343, No.176), entitled
"An act relating to the finances of the State government;
providing for cancer control, prevention and research, for
ambulatory surgical center data collection, for the Joint
Underwriting Association, for entertainment business
financial management firms, for private dam financial
assurance and for reinstatement of item vetoes; providing for
the settlement, assessment, collection, and lien of taxes,
bonus, and all other accounts due the Commonwealth, the
collection and recovery of fees and other money or property
due or belonging to the Commonwealth, or any agency thereof,
including escheated property and the proceeds of its sale,
the custody and disbursement or other disposition of funds
and securities belonging to or in the possession of the
Commonwealth, and the settlement of claims against the
Commonwealth, the resettlement of accounts and appeals to the
courts, refunds of moneys erroneously paid to the
Commonwealth, auditing the accounts of the Commonwealth and
all agencies thereof, of all public officers collecting
moneys payable to the Commonwealth, or any agency thereof,
and all receipts of appropriations from the Commonwealth,
authorizing the Commonwealth to issue tax anticipation notes
to defray current expenses, implementing the provisions of
section 7(a) of Article VIII of the Constitution of
Pennsylvania authorizing and restricting the incurring of
certain debt and imposing penalties; affecting every
department, board, commission, and officer of the State
government, every political subdivision of the State, and
certain officers of such subdivisions, every person,
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association, and corporation required to pay, assess, or
collect taxes, or to make returns or reports under the laws
imposing taxes for State purposes, or to pay license fees or
other moneys to the Commonwealth, or any agency thereof,
every State depository and every debtor or creditor of the
Commonwealth," in general budget implementation, further
providing for Department of Human Services; and providing for
2022-2023 budget implementation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1729-E of the act of April 9, 1929
(P.L.343, No.176), known as The Fiscal Code, is amended by
adding a paragraph to read:
Section 1729-E. Department of Human Services.
The following shall apply to appropriations for the
Department of Human Services:
* * *
(8) The following shall apply:
(i) The reimbursement rate for personal assistance
services under the Office of Long-Term Living within the
department and a community-based waiver shall be no less
than the established fee-for-service rate under the
Omnibus Budget Reconciliation Act of 1987 (Public Law
100-203, 101 Stat. 1330).
(ii) The department shall establish fee schedule
rate payments that are consistent with efficiency,
economy and quality of care and are sufficient to enlist
providers to make services available to at least the
general population in a geographic area.
(iii) The department shall update the data every
three years. After the data is updated, the department
shall transmit a summary of the data to the Legislative
Reference Bureau for publication in the Pennsylvania
Bulletin for public comment.
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(iv) Using a market-based approach, the department
shall examine and use data relating to the following
factors:
(A) The service needs of the individuals.
(B) Staff wages, including education, experience
and licensure and certification requirements.
(C) Staff-related expenses, including benefits,
training, recruitment and supervision.
(D) Productivity of staff, including the amount
of service delivered relative to the level of
staffing provided.
(E) The cost related to occupying a space,
including rent, taxes, insurance, depreciation and
amortization expenses.
(F) Direct and indirect program-related and
administration-related expenses.
(G) Geographic costs based on the location where
the home and community-based service is provided.
(H) Federally approved home and community-based
services definitions in the waiver and determinations
made about cost components that reflect reasonable
and necessary costs related to the delivery of each
home and community-based service.
(I) The cost of implementing applicable Federal
and local laws.
(J) Other factors that impact cost.
(v) The department shall establish a fee schedule
that reimburses an agency-employer for paid overtime to
align agency-employers with consumer-employers.
Section 2. The act is amended by adding an article to read:
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ARTICLE XVII-P
2022-2023 BUDGET IMPLEMENTATION
SUBARTICLE A
PRELIMINARY PROVISIONS
Section 1701-P. Applicability.
Except as specifically provided in this article, this article
applies to the General Appropriation Act of 2022 and all other
appropriation acts of 2022.
Section 1702-P. 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 Appropriation Act of 2022." The act of June 30,
2022 (P.L. , No. ), known as the General Appropriation Act
of 2022.
SUBARTICLE B
EXECUTIVE DEPARTMENTS
Section 1729-P. Department of Human Services.
The following apply to appropriations for the Department of
Human Services:
(1) In accordance with the act of December 10, 1986
(P.L.1477, No.150), known as the Attendant Care Services Act,
t he appropriation for Home and Community Health Choices
within the Office of Long-Term Living shall include
sufficient funds for an 8% increase over the Home and
Community Based Waiver Services Fee Schedule Rate for
Procedure Code W1793 - PAS (Agency) Services effective July
1, 2022. The intent of the increase is to provide for a wage
increase for direct care workers providing agency-directed
personal assistance services.
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(2) (Reserved).
Section 3. This act shall take effect immediately.
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