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§ 1730-F.1. Department of Human Services

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 72 P.S. Taxation and Fiscal AffairsEffective: July 1, 2022

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 72 P.S. Taxation and Fiscal Affairs
Chapter 1. The Fiscal Code (Refs & Annos)
Article XVII-F.1. 2022-2023 Budget Implementation (Refs & Annos)
Subarticle B. Executive Departments (Refs & Annos)
Effective: July 1, 2022
72 P.S. § 1730-F.1
§ 1730-F.1. Department of Human Services
The following apply to appropriations for the Department of Human Services:
(1) From money appropriated for mental health services or from Federal money, $580,000 shall be used for the following:
(i) The operation and maintenance of a network of web portals that provide comprehensive referral services, support and information relating to early intervention, prevention and support for individuals with mental health or substance abuse issues, county mental health offices, providers and others that provide mental and behavioral health treatment and related services.
(ii) The expansion of the existing web portals, including services and resources for military veterans and their families, including comprehensive referral services for transitional, temporary and permanent housing, job placement and career counseling and other services for military veterans returning to civilian life.
(2) (Reserved).
(3) Subject to the availability of Federal money and eligibility under Federal TANFBG rules, grantees who operated within the PA WorkWear program in the prior fiscal year and who remain in operation shall be offered a grant for the fiscal year to continue service delivery under substantially similar terms as previous PA WorkWear grants unless both parties agree to alternate terms. Nothing in this paragraph shall prohibit the Department of Human Services from offering a grant to a prospective PA WorkWear provider to replace a prior grantee who chooses not to continue to operate in the program.
(4) From money appropriated for medical assistance capitation:
(i) No less than the amount used in the 2014-2015 fiscal year shall be used for prevention and treatment of depression and its complications in older Pennsylvanians in a county of the second class.
(ii) Subject to Federal approval as may be necessary and contingent on Federal financial participation, sufficient funds are included to provide rates for ambulance transportation at the following amounts, beginning on January 1, 2023:
(A) For basic life support, not less than $325 per loaded trip.
(B) For advanced life support, not less than $400 per loaded trip.
(C) For ground mileage, not less than $4 per mile for each loaded mile beyond 20 loaded miles.
(5) The following shall apply to amounts appropriated for medical assistance fee-for-service:
(i) Payments to hospitals for Community Access Fund grants shall be distributed under the formulas utilized for these grants in fiscal year 2014-2015. If the total funding available under this subparagraph is less than that available in fiscal year 2014-2015, payments shall be made on a pro rata basis.
(ii) Amounts allocated from money appropriated for fee-for-service used for the SelectPlan for Women's preventative health services shall be used for women's medical services, including noninvasive contraception supplies.
(iii) Notwithstanding any other law, money appropriated for medical assistance payments for fee-for-service care, exclusive of inpatient services provided through capitation plans, shall include sufficient money for two separate All Patient Refined Diagnostic Related Group payments for inpatient acute care general hospital stays for:
(A) normal newborn care; and
(B) mothers' obstetrical delivery.
(iv) No less than $330,000 shall be used for cleft palates and other craniofacial anomalies.
(v) No less than $800,000 shall be distributed to a hospital for clinical ophthalmologic services located in a city of the first class.
(vi) No less than $700,000 shall be distributed for improvements to an acute care hospital located in a city of the first class.
(vii) No less than $5,000,000 shall be distributed to a hospital in a city of the third class in a home rule county that was formerly a county of the second class A, provided that services and specialties available on the effective date of this paragraph must remain available until July 1, 2023, and compliance with any other requirements imposed by the Department of Human Services. The Department of Human Services may recoup funds from any hospital failing to meet the conditions under this paragraph.
(viii) No less than $2,000,000 shall be distributed to a university located in a city of the first class to research the impact of trauma-informed programs on community violence prevention and health disparities.
(ix) No less than $3,000,000 shall be distributed to an enrolled outpatient therapy service provider located in a city of the second class in a county of the second class that provides behavioral health and medical rehabilitation pediatric outpatient services.
(x) No less than $2,500,000 shall be distributed to an acute care hospital in a city of the third class with a population between 14,000 and 15,000 according to the most recent Federal decennial census in a county of the third class with a population between 360,000 and 370,000 according to the most recent Federal decennial census.
(xi) Subject to Federal approval as may be necessary and contingent on Federal financial participation, sufficient funds are included to provide rates for ambulance transportation at the following amounts, beginning on January 1, 2023:
(A) For basic life support, not less than $325 per loaded trip.
(B) For advanced life support, not less than $400 per loaded trip.
(C) For ground mileage, not less than $4 per mile for each loaded mile beyond 20 loaded miles.
(6) To supplement the money appropriated to the department for medical assistance for workers with disabilities, in addition to the monthly premium under section 1503(b)(1) of the act of June 26, 2001 (P.L. 755, No. 77),1 known as the Tobacco Settlement Act, the department may adjust the percentage of the premium upon approval of the Centers for Medicare and Medicaid Services as authorized under Federal requirements. Failure to make payments in accordance with this paragraph or section 1503(b)(1) of the Tobacco Settlement Act shall result in the termination of medical assistance coverage.
(7) Qualifying physician practice plans that received money for fiscal year 2017-2018 shall not receive less than the State appropriation made available to those physician practice plans during fiscal year 2017-2018.
(8) Federal or State money appropriated under the General Appropriation Act of 2022 in accordance with 35 Pa.C.S. § 8107.3 (relating to funding) not used to make payments to hospitals qualifying as Level III trauma centers or seeking accreditation as Level III trauma centers shall be used to make payments to hospitals qualifying as Levels I and II trauma centers.
(9) Qualifying academic medical centers that received money for fiscal year 2017-2018 shall receive the same amount from the State appropriation made available to those academic medical centers during fiscal year 2017-2018.
(10) Money appropriated for medical assistance transportation shall only be utilized as a payment of last resort for transportation for eligible medical assistance recipients.
(11) The following shall apply:
(i) Money appropriated for women's service programs grants to nonprofit agencies whose primary function is to promote childbirth and provide alternatives to abortion shall be expended to provide services to women until childbirth and for up to 12 months thereafter, including food, shelter, clothing, health care, counseling, adoption services, parenting classes, assistance for postdelivery stress and other supportive programs and services and for related outreach programs. Agencies may subcontract with other nonprofit entities that operate projects designed specifically to provide all or a portion of these services. Projects receiving money referred to in this subparagraph shall not promote, refer for or perform abortions or engage in any counseling which is inconsistent with the appropriation referred to in this subparagraph and shall be physically and financially separate from any component of any legal entity engaging in such activities.
(ii) Federal money appropriated for TANFBG Alternatives to Abortion shall be utilized solely for services to women whose gross family income is below 185% of the Federal poverty guidelines.
(12) From money appropriated for medical assistance long-term living:
(i) No less than the amount distributed in the 2014-2015 fiscal year shall be distributed to a county nursing home located in a home rule county that was formerly a county of the second class A with more than 725 beds and a Medicaid acuity at 0.79 as of August 1, 2015.
(ii) No less than the amount used in the 2020-2021 fiscal year shall be distributed to a nonpublic nursing home located in a county of the first class with more than 395 beds and a Medicaid acuity at 1.15 as of August 1, 2021, to ensure access to necessary nursing care in that county.
(iii) $5,000,000 shall be distributed to a nonpublic nursing home located in a county of the eighth class with more than 119 beds and a Medicaid acuity at 1.07 as of August 1, 2021, to ensure access to necessary nursing home care in that county.
(iv) An additional $500,000 shall be paid in equal payments to nursing facilities which remain open as of the effective date of this section that qualified for supplemental ventilator care and tracheostomy care payments in fiscal year 2014-2015 with a percentage of medical assistance recipient residents who required medically necessary ventilator care or tracheostomy care greater than 90%.
(v) Subject to Federal approval of necessary amendments of the Title XIX State Plan, $16,000,000 is allocated for medical assistance day-one incentive payments to qualified nonpublic nursing facilities under methodology and criteria under section 443.1(7)(vi) of the Human Services Code. The Department of Human Services shall determine a nonpublic nursing facility's overall and medical assistance occupancy rate to qualify for a medical assistance day-one incentive payment for the fiscal year based on a nursing facility's resident day quarter ending December 31, 2019, for the first of two payments and a nursing facility's resident day quarter ending March 31, 2020, for the second of two payments.
(vi) No less than $500,000 shall be allocated to a special rehabilitation facility in peer group number 13 in a city of the third class with a population between 115,000 and 120,000 based upon the most recent Federal decennial census.
(vii) Subject to Federal approval, sufficient funds are included to provide a 17.5% annualized rate increase effective January 1, 2023, that is calculated in accordance with section 443.1 of the Human Services Code and 55 Pa. Code Chs. 1187 (relating to nursing facility services) and 1189 (relating to county nursing facility services), including for costs associated with compliance with section 1603-T.
(13) From money appropriated for medical assistance Community HealthChoices, subject to Federal approval, sufficient funds are included to make payments with dates of service beginning January 1, 2023, in accordance with section 1602-T(1)(ii).
(14) From money appropriated for autism intervention and services:
(i) $600,000 shall be allocated to a behavioral health facility located in a county of the fifth class with a population between 130,000 and 135,000 under the most recent Federal decennial census and shall be distributed to a health system that operates both a general acute care hospital and a behavioral health facility that has a center for autism and developmental disabilities located in a county of the fifth class with a population between 130,000 and 135,000 under the most recent Federal decennial census;
(ii) $300,000 shall be allocated to an institution of higher education that provides autism education and diagnostic curriculum located in a city of the first class that operates a center for autism in a county of the second class A;
(iii) $300,000 shall be allocated to an institution of higher education that provides autism education and diagnostic curriculum and is located in a county of the second class;
(iv) no less than the amount distributed in the 2014-2015 fiscal year shall be allocated for programs to promote the health and fitness of persons with developmental disabilities located in a city of the first class;
(v) $500,000 shall be allocated for the expansion of an adult autism program in a county of the third class; and
(vi) $600,000 shall be allocated for an entity that provides alternative educational services to individuals with autism and developmental disabilities in the county which was most recently designated as a county of the second class A.
(15) (Reserved).
(16) From money appropriated for child-care services, no less than $25,000,000 shall be allocated to apply an income limit for subsidized child care during redetermination of eligibility to no more than 300% of the Federal poverty income guidelines or 85% of the State median income, whichever is lower. Notwithstanding any other provision of law, the department shall determine copayment amounts for family incomes above 235% of the Federal poverty income guidelines in order to support economic self-sufficiency. The department shall transmit notice of the copayment schedule to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
(17) (Reserved).
(18) Money appropriated for breast cancer screening may be used for women's medical services, including noninvasive contraception supplies.
(19) From the appropriation for 2-1-1 Communications, $750,000 shall be allocated for a Statewide 2-1-1 System Grant Program.
(20) The appropriation for services for the visually impaired includes the following:
(i) an allocation of $3,084,000 for a Statewide professional services provider association for the blind to provide training and supportive services for individuals who are blind and preschool vision screenings and eye safety education; and
(ii) an allocation of $618,000 to provide specialized services and prevention of blindness services in cities of the first class.
(21) The provisions of 8 U.S.C. §§ 1611 (relating to aliens who are not qualified aliens ineligible for Federal public benefits), 1612 (relating to limited eligibility of qualified aliens for certain Federal programs) and 1642 (relating to verification of eligibility for Federal public benefits) shall apply to payments and providers.
(22) The following duty shall apply:
(i) The Secretary of Human Services shall report on a quarterly basis in person to the secretary, the chairperson and minority chairperson of the Appropriations Committee of the Senate and the chairperson and minority chairperson of the Appropriations Committee of the House of Representatives information documenting each of the following State appropriations and their associated Federal appropriations:
(A) Medical Assistance--Capitation.
(B) Medical Assistance--Fee-for-Service.
(C) Payment to Federal Government--Medicare Drug Program.
(D) Medical Assistance--Workers with Disabilities.
(E) Medical Assistance--Long-Term Living.
(F) Medical Assistance--Community HealthChoices.
(G) Long-Term Care Managed Care.
(H) Intellectual Disabilities--Intermediate Care Facilities.
(I) Intellectual Disabilities--Community Waiver Program.
(J) Autism Intervention and Services.
(K) Early Intervention.
(ii) The information included in a report under subparagraph (i) shall include the following:
(A) Number of enrollees by month.
(B) Average cost per enrollee.
(C) Required payment amounts by appropriation during the fiscal year.
(D) Revised estimate of the money needed by appropriation to make required payments for the remainder of the fiscal year.
(iii) If revised estimates under subparagraph (ii)(D) indicate supplemental money may be necessary, the secretary shall provide a detailed explanation, in writing, of the reasons the revised estimates differ from the General Appropriation Act of 2022, or information provided previously under this paragraph.
(23) The Department of Human Services shall not add non-medically necessary services to the Medical Assistance Program that would result in the need for a supplemental appropriation without the approval of the General Assembly. Each proposed service shall be outlined in the Governor's Executive Budget or subsequent updates provided in writing to the General Assembly.
(24) Of the funding appropriated for COVID Relief--ARPA--Adult Mental Health Programs, no funding shall be expended until enabling legislation is enacted by the General Assembly.

Credits

1929, April 9, P.L. 343, No. 176, art. XVII-F.1, § 1730-F.1, added 2022, July 11, P.L. 540, No. 54, § 37, imd. effective, retroactively applicable to July 1, 2022.

Footnotes

35 P.S. § 5701.1503.
72 P.S. § 1730-F.1, PA ST 72 P.S. § 1730-F.1
Current through Act 13 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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