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§ 1713-A.1. Use of fund

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 72 P.S. Taxation and Fiscal AffairsEffective: December 13, 2023

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 72 P.S. Taxation and Fiscal Affairs
Chapter 1. The Fiscal Code (Refs & Annos)
Article XVII-a.1. Additional Special Funds and Restricted Accounts (Refs & Annos)
Subarticle B. Tobacco Settlement Fund
Effective: December 13, 2023
72 P.S. § 1713-A.1
Formerly cited as PA ST 35 P.S. § 5701.306, PA ST 35 P.S. § 5701.307
§ 1713-A.1. Use of fund
Currentness
(a) Annual report.--The Governor shall report on the fund in the annual budget which shall include the amounts appropriated to each program.
(b) Appropriations.--The following shall apply:
(1) Deleted by 2021, June 30, P.L. 62, No. 24, § 14, effective July 1, 2021.
(1.1) For fiscal year 2013-2014, the General Assembly appropriates money in the fund in accordance with the following percentage based on the annual payment received each year:
(i) Thirteen percent for home-based and community-based services under Chapter 5 of the Tobacco Settlement Act.1
(ii) Two and ninety-three hundredths percent for tobacco use prevention and cessation programs under Chapter 7 of the Tobacco Settlement Act.2
(iii) Six and three-tenths percent for health and related research under section 906 of the Tobacco Settlement Act.3
(iv) One-half percent for health and related research under section 909 of the Tobacco Settlement Act.4
(v) Four and nine-hundredths percent for the uncompensated care payment program under Chapter 11 of the Tobacco Settlement Act.5
(vi) Thirty percent for the purchase of Medicaid benefits for workers with disabilities under Chapter 15 of the Tobacco Settlement Act.6
(vii) Forty-three and eighteen hundredths percent shall remain in the fund to be separately appropriated for health-related purposes.
(1.2) For fiscal year 2014-2015, money in the fund from a payment received due to the recalculation of a prior annual payment shall remain in the fund to be separately appropriated for health-related purposes.
(1.3) For fiscal year 2014-2015, the General Assembly appropriates money in the fund in accordance with the following percentages based on the annual payment received each year:
(i) Thirteen percent for home-based and community-based services under Chapter 5 of the Tobacco Settlement Act.
(ii) Four and five-tenths percent for tobacco use prevention and cessation programs under Chapter 7 of the Tobacco Settlement Act.
(iii) Twelve and six-tenths percent for health and related research under section 906 of the Tobacco Settlement Act.
(iv) One percent for health and related research under section 909 of the Tobacco Settlement Act.
(v) Eight and eighteen hundredths percent for the uncompensated care payment program under Chapter 11 of the Tobacco Settlement Act.
(vi) Fifteen and twelve hundredths percent for the purchase of Medicaid benefits for workers with disabilities under Chapter 15 of the Tobacco Settlement Act.
(vii) Forty-five and six-tenths percent shall remain in the fund to be separately appropriated for health-related purposes.
(1.4) For fiscal year 2015-2016 and fiscal year 2016-2017, money in the fund from a payment received due to the recalculation of a prior annual payment shall remain in the fund to be separately appropriated for health-related purposes.
(1.5) For fiscal year 2015-2016, fiscal year 2016-2017 and fiscal year 2017-2018, the General Assembly appropriates money in the fund in accordance with the following percentages based on the annual payment received each year:
(i) Thirteen percent for home-based and community-based services under Chapter 5 of the Tobacco Settlement Act.
(ii) Four and five-tenths percent for tobacco use prevention and cessation programs under Chapter 7 of the Tobacco Settlement Act.
(iii) Twelve and six-tenths percent for health and related research under section 906 of the Tobacco Settlement Act.
(iv) One percent for health and related research under section 909 of the Tobacco Settlement Act.
(v) Eight and eighteen hundredths percent for the uncompensated care payment program under Chapter 11 of the Tobacco Settlement Act.
(vi) Thirty percent for the purchase of Medicaid benefits for workers with disabilities under Chapter 15 of the Tobacco Settlement Act.
(vii) Thirty and seventy-two hundredths percent shall remain in the fund to be separately appropriated for health-related purposes.
(1.6) For fiscal year 2018-2019, the General Assembly appropriates money in the fund in accordance with the following percentages based on the annual payment received each year:
(i) Four and five-tenths percent for tobacco use prevention and cessation programs under Chapter 7 of the Tobacco Settlement Act.
(ii) Twelve and six-tenths percent for health and related research under section 906 of the Tobacco Settlement Act.
(iii) One percent for health and related research under section 909 of the Tobacco Settlement Act.
(iv) Eight and eighteen hundredths percent for the uncompensated care payment program under Chapter 11 of the Tobacco Settlement Act.
(v) Thirty percent for the purchase of Medicaid benefits for workers with disabilities under Chapter 15 of the Tobacco Settlement Act.
(vi) Forty-three and seventy-two hundredths percent shall remain in the fund to be separately appropriated for health-related purposes.
(1.7) For fiscal years 2019-2020 and 2020-2021, the General Assembly appropriates money in the fund in accordance with the following percentages based on the sum of the portion of the annual payment deposited and the amount deposited under section 1712-A.1(a)(2)(ii)7 in the fiscal year:
(i) Four and five-tenths percent for tobacco use prevention and cessation programs under Chapter 7 of the Tobacco Settlement Act.
(ii) Twelve and six-tenths percent for health and related research under section 906 of the Tobacco Settlement Act.
(iii) One percent for health and related research under section 909 of the Tobacco Settlement Act.
(iv) Eight and eighteen hundredths percent for the uncompensated care payment program under Chapter 11 of the Tobacco Settlement Act.
(v) Thirty percent for the purchase of Medicaid benefits for workers with disabilities under Chapter 15 of the Tobacco Settlement Act.
(vi) Forty-three and seventy-two hundredths percent shall remain in the fund to be separately appropriated for health-related purposes.
(1.8) For fiscal years 2021-2022, 2022-2023 and 2023-2024, the General Assembly shall appropriate money in the fund in accordance with the following percentages based on the sum of the portion of the annual payment deposited and the amount deposited under section 1712-A.1(a)(2)(ii) in the fiscal year:
(i) Four and five-tenths percent for tobacco use prevention and cessation programs under Chapter 7 of the Tobacco Settlement Act.
(ii) Twelve and six-tenths percent to be allocated as follows:
(A) Seventy percent to fund research under section 908 of the Tobacco Settlement Act.8
(B) Thirty percent as follows:
(I) One million dollars for spinal cord injury research programs under section 909.1 of the Tobacco Settlement Act.9
(II) From the amount remaining after the amount under subclause (I) has been determined and notwithstanding any provisions of Chapter 9 of the Tobacco Settlement Act10 to the contrary:
(a) Seventy-five percent for pediatric cancer research institutions within this Commonwealth that are equipped and actively conducting pediatric cancer research designated by the Secretary of Health to be eligible to receive contributions. No more than $2,500,000 in a fiscal year shall be made available to any one pediatric cancer research institution.
(b) Twenty-five percent for capital and equipment grants to an entity or entities engaging in biotechnology research, including an entity or entities engaging in regenerative medicine research, regenerative medicine medical technology research, hepatitis and viral research, drug research and clinical trials related to cancer, research relating to pulmonary embolism and deep vein thrombosis, genetic and molecular research for disease identification and eradication, vaccine immune response diagnostics, nanotechnology research and the commercialization of applied research, as designated by the Secretary of Health.
(iii) One percent for health and related research under section 909 of the Tobacco Settlement Act.
(iv) Eight and eighteen hundredths percent for the uncompensated care payment program under Chapter 11 of the Tobacco Settlement Act.
(v) Thirty percent for the purchase of Medicaid benefits for workers with disabilities under Chapter 15 of the Tobacco Settlement Act.
(vi) Forty-three and seventy-two hundredths percent shall remain in the fund to be separately appropriated for health-related purposes.
(2) In addition, any Federal funds received for any of these programs are specifically appropriated to those programs.
(2.1) The following apply:
(i) Except as provided under subparagraph (ii)(A), amounts in the fund received by the Commonwealth as a result of the Attorney General's joinder in the NPM Adjustment Settlement Agreement augments the appropriation from the General Fund for medical assistance Community HealthChoices.
(ii) The following apply:
(A) During the 2018-2019 fiscal year, $15,400,000 from the amount in the fund received by the Commonwealth as a result of the Attorney General's joinder in the NPM Adjustment Settlement Agreement shall be transferred to a restricted account within the General Fund to be known as the Office of Attorney General Criminal Enforcement Restricted Account.
(B) Money in the restricted account is appropriated to the Office of Attorney General for criminal enforcement and shall not lapse.
(C) As part of the annual budget submission under section 610(a) of the act of April 9, 1929 (P.L. 177, No. 175),11 known as The Administrative Code of 1929, the Attorney General shall provide information on the status of the restricted account, including information for not less than the prior fiscal year, the current fiscal year and the fiscal year that begins the next succeeding July 1, which shall include for each such fiscal year the actual or estimated expenditures classified by category of use, in reasonable detail, and beginning and ending balances in the restricted account.
(3) All other payments and revenue received in the fund other than the amounts as provided under this subsection shall remain in the fund and are available to be appropriated for health-related purposes.
(c) Lapses.--Lapses shall remain in the fund except that lapses from money provided for the home and community-based care services shall be reallocated to the home and community-based care program for use in succeeding years.
(d) Lobbying restrictions.--No money derived from appropriations made by the General Assembly from the fund may be used for the lobbying of any State public official.
(e) Deleted by 2014, July 10, P.L. 1053, No. 126, § 11, imd. effective.
(f) Allocation of local program funding.--
(1) Funding for local programs under section 708(b) of the Tobacco Settlement Act12 shall be allocated as follows:
(i) Thirty percent of grant funding to primary contractors for local programs shall be allocated equally among each of the 67 counties.
(ii) The remaining 70% of the grant funding to primary contractors for local programs shall be allocated on a per capita basis of each county with a population greater than 60,000. The per capita formula shall be applied only to that portion of the population that is greater than 60,000 for each county.
(2) Budgets shall be developed by each primary contractor to reflect service planning and expenditures in each county. Each primary contractor shall ensure that services are available to residents of each county and must expend the allocated funds on a per-county basis pursuant to paragraph (1) and this paragraph.
(3) The Department of Health shall compile a detailed annual report of expenditures per county and the specific programs offered in each region. This report shall be made available on the Department of Health's publicly available Internet website within 60 days following the close of each fiscal year.
(4) During the third quarter of the fiscal year, funds which have not been spent within a service area may be reallocated to support programming in the same region.
(g) Transfer.--The strategic contribution payment received in fiscal year 2012-2013, and all assets and cash in the Health Account, shall be transferred to the fund by August 1, 2013.

Credits

1929, April 9, P.L. 343, No. 176, art. XVII-A.1, § 1713-A.1, added 2013, July 18, P.L. 574, No. 71, § 14, imd. effective. Amended 2014, July 10, P.L. 1053, No. 126, § 11, imd. effective; 2016, April 25, P.L. 168, No. 25, § 9, imd. effective; 2016, July 13, P.L. 664, No. 85, § 12, imd. effective; 2017, Oct. 30, P.L. 725, No. 44, § 8, imd. effective; 2018, June 22, P.L. 281, No. 42, § 12, imd. effective; 2019, June 28, P.L. 173, No. 20, § 11, effective July 1, 2019; 2020, May 29, P.L. 158, No. 23, § 5, effective July 1, 2020; 2021, June 30, P.L. 62, No. 24, § 14, effective July 1, 2021; 2022, July 11, P.L. 540, No. 54, § 21, imd. effective; 2023, Dec. 13, P.L. 251, No. 34, § 11, imd. effective.

Footnotes

1
35 P.S. § 5701.501 et seq.
2
35 P.S. § 5701.701 et seq.
3
35 P.S. § 5701.906.
4
35 P.S. § 5701.909.
5
35 P.S. § 5701.1101 et seq.
6
35 P.S. § 5701.1501 et seq.
7
72 P.S. § 1712-A.1.
8
35 P.S. § 5701.908.
9
35 P.S. § 5701.909A.
10
35 P.S. § 5701.901 et seq.
11
71 P.S. § 230.
12
35 P.S. § 5701.708.
72 P.S. § 1713-A.1, PA ST 72 P.S. § 1713-A.1
Current through Act 11 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document