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§ 1729-F. Department of Human Services

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 72 P.S. Taxation and Fiscal AffairsEffective: July 11, 2017

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. 2017-2018 Budget Implementation (Refs & Annos)
Subarticle B. Executive Departments
Effective: July 11, 2017
72 P.S. § 1729-F
§ 1729-F. Department of Human Services
The following shall apply to appropriations for the Department of Human Services:
(1) From the appropriation for general government operations of the Department of Human Services, $750,000 shall be allocated to establish a Statewide 2-1-1 system grant program to be used for the following purposes:
(i) To provide Statewide 2-1-1 system services 24 hours a day, including to regions of this Commonwealth that do not have access to a provider of 2-1-1 system services.
(ii) To expand access to 2-1-1 system services through text-to-chat mobile application and the Internet.
(iii) To permit the disbursement of funds to regional providers of 2-1-1 system services for satisfying 2-1-1 quality assurance standards used by similar programs in other states.
(2) The following shall apply:
(i) The department, upon approval of the secretary, may transfer Federal money appropriated for TANFBG Child Care Assistance to the CCDFBG Child Care Services appropriation to provide child-care services to additional low-income families if the transfer of money will not result in a deficit in the appropriation. The secretary shall provide notice 10 days prior to a transfer under this subparagraph to 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.
(ii) The department, upon approval of the secretary, may transfer Federal money appropriated for CCDFBG Child Care Assistance to the CCDFBG Child Care Services appropriation to provide child-care services to additional low-income families, provided that the transfer of money will not result in a deficit in the appropriation. The secretary shall provide notice 10 days prior to a transfer under this subparagraph to 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.
(3) 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.
(4) The following shall apply:
(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 Select Plan for Women 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) From money appropriated for medical assistance fee-for-service care, the following apply:
(A) No less than the amount used in the 2014-2015 fiscal year shall be used for cleft palates and other craniofacial anomalies.
(B) At least $800,000 shall be distributed to a hospital for clinical ophthalmologic services located in a city of the first class.
(C) No less than the amount distributed in the 2014-2015 fiscal year shall be distributed for improvements to an intensive care facility in an acute care hospital located in a city of the first class.
(D) At least $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.
(E) At least $2,000,000 shall be distributed to a university located in a city of the first class to expand research and treatment protocols for combating opioid addiction.
(v) From money appropriated for medical assistance capitation, 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.
(vi) From money appropriated for medical assistance long-term care, 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, $1,000,000 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 1.14 as of August 1, 2017, to ensure access to necessary nursing care in that county and $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 of 1.02 as of August 1, 2017, to ensure access to necessary nursing home care in that county.
(vii) From money appropriated for medical assistance long-term care, no less than $850,000 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 2010 census data, and an additional $750,000 shall be paid in equal payments to nursing facilities 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%.
(viii) Subject to Federal approval of necessary amendments of the Title XIX State Plan, from funds appropriated for medical assistance long-term care, $8,000,000 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.1
(ix) Federal or State money appropriated under the General Appropriation Act of 2017, in accordance with Article VIII-H of the Human Services Code,2 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.
(x) Qualifying academic medical centers which received money for fiscal year 2016-2017 shall not receive any less than the State appropriation made available to those academic medical centers during fiscal year 2016-2017.
(xi) In addition to the money appropriated under subparagraph (x), the following shall apply:
(A) A qualifying academic medical center with a regional campus located in a county of the fourth class shall receive an additional $1,000,000.
(B) A qualifying academic medical center located in a county of the eighth class with a population of more than 18,000 under the 2010 Federal decennial census shall receive an additional $500,000.
(C) A qualifying academic medical center located in a county of the second class shall receive an additional $500,000.
(D) A qualifying academic medical center located in a county of the third class with a population between 279,000 and 282,000 under the 2010 Federal decennial census shall receive an additional $1,000,000 and an academic medical center located in a city of the first class that did not receive funding during fiscal year 2010-2011 shall receive an additional $500,000.
(xii) Qualifying university-affiliated physician practice plans which received funds for fiscal year 2014-2015 shall not receive any less than the State appropriation made available to those university-affiliated physician practice plans during fiscal year 2014-2015. From money appropriated for physician practice plans:
(A) $1,500,000 shall be distributed to a health system, containing a physician practice plan, located in a city of the first class and a contiguous county of the second class A which did receive funding during fiscal year 2015-2016;
(B) at least $500,000 shall be distributed to a physician practice plan serving a health system located in a city of the first class and two contiguous counties of the second class A that has an independent academic center which did receive funding during fiscal year 2014-2015; and
(C) $1,500,000 shall be distributed to an acute care hospital affiliated with an academic medical center located in a city of the second class in a county of the second class that provides services to Medicaid recipients and uninsured persons.
(xiii) Money appropriated for medical assistance transportation shall only be utilized as a payment of last resort for transportation for eligible medical assistance recipients.
(5) The following shall apply:
(i) Money appropriated for breast cancer screening may be used for women's medical services, including noninvasive contraception supplies.
(ii) (Reserved).
(6) 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 funds 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.
(7) From money appropriated for autism intervention and services, no less than the amount distributed in the 2014-2015 fiscal year shall be distributed as follows:
(i) to a behavioral health facility located in a fifth class county with a population between 130,000 and 135,000 under the 2010 Federal decennial census that operates a center for autism and developmental disabilities;
(ii) 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) to an institution of higher education that provides autism education and diagnostic curriculum and is located in a county of the second class;
(iv) for programs to promote the health and fitness of persons with developmental disabilities located in a city of the first class; and
(v) $500,000 shall be allocated for the expansion of an adult autism program in a county of the third class.
(8) Money appropriated for community-based family centers may not be considered as part of the base for calculation of the county child welfare needs-based budget for a fiscal year.
(8.1) From money appropriated for community-based family centers, no less than $235,000 shall be allocated to a program for early literacy and school readiness which is labeled as a promising approach under the Maternal, Infant and Early Childhood Home Visiting Program and has submitted data to the United States Department of Health and Human Services to be qualified as an evidence-based home visiting model.
(9) From money appropriated to child care services, $150,000 shall be distributed to an early education center in a county of the third class with the third most populous city as of the 2010 census having a minimum total enrollment of 90, serving at least 40 children 13 months of age to children of kindergarten age with both a STAR 4 rating from Keystone STARS and accreditation by the National Association for the Education of Young Children.
(10) The appropriation for blind and visual services includes an allocation 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 an allocation to provide specialized services and prevention of blindness services in cities of the first class. Allocations shall be made in the amounts used for those purposes in fiscal year 2014-2015.
(11) To supplement the money appropriated to the department for medical assistance for workers with disabilities, in addition to the monthly premium established under section 1503(b)(1) of the act of June 26, 2001 (P.L. 755, No. 77),3 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.
(12) 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.
(13) A provider under section 704.3 of the Human Services Code4 shall submit documentation of its costs of providing services to the department and the department shall use the documentation, to the extent necessary, to support the department's claim for Federal funding and for State reimbursement for allowable direct and indirect costs incurred in the provision of out-of-home placement services.

Credits

1929, April 9, P.L. 343, No. 176, art. XVII-F, § 1729-F, added 2017, Oct. 30, P.L. 725, No. 44, § 19, retroactive effective July 11, 2017.

Footnotes

62 P.S. § 443.1.
62 P.S. § 801-H et seq.
35 P.S. § 5701.1503.
62 P.S. § 704.3.
72 P.S. § 1729-F, PA ST 72 P.S. § 1729-F
Current through Act 11 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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