Health Care - June 22, 2012


Busy Session for 2011-12

As the State House and Senate continue to hammer out the details of the budget, they have had a very busy year.  Below is a list of the general acts that have been enacted thus far and there a number of bills awaiting the Governor's signature as well.  We expect a flurry of legislative activity over the next week and we will continue to keep you updated.

 

 

 

GENERAL ACTS ENACTED FOR 2012

ACT

BILL

SUBJECT

1

HB 1458

Amends Title 75 (Vehicles) making changes to the Commercial Driver License section relating to suspensions for failure to obtain or carry a medical certificate as required by federal law and amends the definition of "emergency vehicle" to include a county emergency management vehicle.

2

HB 169

Amends Local Option Small Games of Chance Act clarifying the definitions of civic and service organization, club, daily drawing, eligible organizations, fraternal organizations, games of chance, public interest purposes, raffle, and weekly drawings. Provides definitions of licensed distributor, prize, and proceeds. Further provides for club licensees and enforcement.

3

HB 170

Amends Title 75 (Vehicles) to provide that any pedacycle being operated in the normal course of traffic under the speed limit shall travel in the right-hand lane or as close the right curb as possible unless passing another vehicle or when preparing for a left-hand turn. Exceptions are provided. A vehicle passing such a pedacycle must pass to the left no less than four feet away at a careful and prudent speed. No driver of a motor vehicle shall interfere with a pedacycle. Pedacycles shall be operated as safe as possible and not to interfere with traffic.

4

HB 398

The Appraisal Management Company Registration Act provides definitions and requires registration as an appraisal management company before one can act, hold out, or advertise as an appraisal management company. Exceptions to this rule are provided. Powers and duties are placed on the State Board of Certified Real Estate Appraisers regarding the promulgation of regulations and the adoption of guidelines. Requirements for registration and application denial procedures are provided for. Filing and renewal fees are provided for and the responsibilities of an appraisal management company are detailed. Prohibited activities of appraisal management companies are outlined and a registry of applicants must be maintained. Provisions relating to disciplinary matters and board action are also detailed. Allows appraisal management companies to post either a $20,000 surety bond or an irrevocable letter of credit. Also allows the board to immediately author temporary regulations.                                               

5

HB 1630

Amends the Motor Vehicle Sales Finance Act to remove mark-ups for service contracts, warranties, debt cancellation agreements, and debt suspension agreements in excess of 100 percent of the cost to the dealer as being excessive to where a licensee's license may be revoked. Requires the Department of Banking to investigate activities regulated under the Motor Vehicles Services Act. Also requires the department to annually report the number and disposition of enforcement actions and consumer complaint resolutions to the Senate Consumer Affairs & Professional Licensure Committee and the House Consumer Affairs Committee.

6

SB 159

The Interstate Compact on Educational Opportunity for Military Children Act authorizes the Governor to enter with other states into a compact in substantially the form of the Interstate Compact on Educational Opportunity for Military Children as outlined in the bill. The compact is intended to remove barriers to educational success imposed on children of military families because of frequent moves and deployment of their parents, and provides for the achievement of this objective.

7

SB 726

Amends the First Class Township to make editorial changes and abolish the positions of township assessors and assistant township assessors. Removes other references to said positions.

8

SB 923

Amends the Housing Authorities Law to allow the housing authorities of Pittsburgh and Allegheny County to appoint police officers who shall exercise the same powers that may be exercised under authority of law or ordinance by the police of the municipalities wherein the Authority is located, including, but not limited to, those powers conferred pursuant to 42 Pa.C.S. Ch. 89 Subch. D (relating to municipal police jurisdiction). Such officers shall have specified education and training.

9

SB 995

Amends Title 35 (Health and Safety) to require the Department of Environmental Protection (DEP) to adopt emergency regulations requiring the operators of unconventional wells to create unique GPS coordinates for the well at both the access road and wellpad to be used by emergency services personnel in responding to an accident, register the address of the well with DEP and county emergency management agency, develop an emergency response plan, and post a reflective sign at the entrance of each well with the address of the wellsite and an emergency contact number for the operator. Provides for county distribution of the emergency plan. Also provides a definition of "unconventional oil and gas well".      

10

SB 1375

Amends the act of December 5, 1936 (2nd Sp.Sess., 1937 P.L.2897, No.1), entitled "An act establishing a system of unemployment compensation to be administered by the Department of Labor and Industry and its existing and newly created agencies with personnel (with certain exceptions) selected on a civil service basis; requiring employers to keep records and make reports, and certain employers to pay contributions based on payrolls to provide moneys for the payment of compensation to certain unemployed persons; providing procedure and administrative details for the determination, payment and collection of such contributions and the payment of such compensation; providing for cooperation with the Federal Government and its agencies; creating certain special funds in the custody of the State Treasurer; and prescribing penalties," further providing for definitions.

11

HB 1294

Amends Title 66 (Public Utilities) of the Pennsylvania Consolidated Statutes, further providing for Law Bureau, other bureaus, offices and positions, for the burden of proof, for the recovery of the costs of distribution system improvement projects and for civil penalties for violations.                                    

12

HB 1582

Amends Title 53 (Municipalities Generally) of the Pennsylvania Consolidated Statutes, in municipal authorities, further providing for purposes and powers.          

13

HB 1950

Amends Title 58 (Oil and Gas) of the Pennsylvania Consolidated Statutes, providing for an unconventional gas well fee and for transfers from the Oil and Gas Lease Fund; providing for distribution of fees and transfers; establishing the Natural Gas Energy Development Program; consolidating the Oil and Gas Act with modifications and additions relating to definitions, well permits, permit objections, comments by municipalities and storage operators, well location restrictions, well site restoration, protection of water supplies, notification to public drinking water systems, containment for unconventional wells, transportation records regarding wastewater fluids, corrosion control requirements, gathering lines, well control emergency response, hydraulic fracturing chemical discharge requirements, bonding, air containment emissions, public nuisances, enforcement orders, well control emergency cost recovery, penalties, civil penalties, inspection and production of materials, witnesses, depositions and rights of entry, third party liability and inspection reports; providing for local ordinances relating to oil and gas operations and for responsibility for fee; making an appropriation; and making a related repeal.

14

SB 894

Amends the act of May 1, 1933 (P.L.103, No.69), known as The Second Class Township Code, further providing for compensation of supervisors. 

15

SB 1043

Act designating a bridge crossing Mill Lane in Old Lycoming Township, Lycoming County, as the Trooper Gary Rosenberger Memorial Bridge.         

16

SB 1237

Amends the act of October 6, 1998 (P.L.705, No.92), known as the Keystone Opportunity Zone, Keystone Opportunity Expansion Zone and Keystone Opportunity Improvement Zone Act, in keystone opportunity zones, further providing for extension for unoccupied parcels and for additional expansion zones; providing for expansion for new job creation; further providing for application, for qualified businesses, for corporate net income tax and for capital stock franchise tax; and, in tax administration, further providing for application time; providing for monitoring data; and repealing expiration provision.

17

HB 816

Amends the Social Workers, Marriage and Family Therapists and Professional Counselors Act further providing for qualifications for license by changing the base unit of certain minimum prerequisites from yearly to hourly amounts.

18

HB 934

Amends the Election Code, in preliminary provisions, defining "proof of identification"; in the Secretary of the Commonwealth, providing for requirements relating to voter identification; in preparation for and conduct of primaries and elections, further providing for manner of applying to vote, persons entitled to vote, voter's certificates, entries to be made in district register, numbered lists of voters and challenges; in voting by qualified absentee electors, further providing for applications for official absentee ballots, for approval of application for absentee ballot, for delivering or mailing ballots, for canvassing of official absentee ballots and for public records; and providing for enforcement and for a special procedure at certain elections. The legislation requires electors to provide proof of identification each time they vote. The bill provides for acceptable forms of identification. If proof of identification cannot be shown at the time of voting, the elector may cast a provisional ballot and must prove his identity within six days in order for the provisional ballot to be counted. An applicant for an absentee ballot must also provide proof of identification. The Secretary of the Commonwealth is required to disseminate information regarding the proof if identification requirements and the Department of Transportation shall issue an identification card at no cost to any registered elector who has completed the necessary paperwork. The attorney general shall have prosecutorial jurisdiction over all violations committed under the code and the district attorney of any county in which a violation has occurred shall have concurrent powers and responsibilities with the attorney general over violations.

19

HB 1355

Act designating the westbound bridge carrying Interstate 90 over Six Mile Creek in Harborcreek Township, Erie County, as the Jarrid L. King Memorial Bridge.

20

HB 1886

Act designating the bridge carrying State Route 136 over the Monongahela River connecting Forward Township, Allegheny County, to the City of Monongahela, Washington County, as the General Carl E. Vuono Bridge.

21

HB 424

Amends the Public Adjuster Licensing Law to make certain violations a felony of the third degree. The bill also provides for licensing of public adjusters. Changes the insured's right to rescind the contract from five business days to three calendar days; adds the adjuster must provide the insured any supporting documentation he sends to the insurer "upon the insured's request"; strikes "and the insureds are not required to hire a public adjuster but have the right to do so." Also adds "and is an independent licensee of the department"; changes "interfering with or seeking to prohibit communication or any form of contact between the insurer and insured", to "prohibiting communication between the insurer and the insured." Also adds to the section relating to grounds for fines, suspensions or revocations to include failing to notify the insured's insurer within two calendar days of entering into a contract.

22

SB 818

Amends Title 42 (Judiciary and Judicial Procedure), in juvenile matters, further providing for disposition of delinquent child by adding that prior to entering an order of disposition the court shall state its disposition and the reasons for its disposition on the record in open court, together with the goals, terms and conditions of that disposition. If the child is to be committed to out-of-home placement, the court shall state the name of the specific facility, or type of facility, to which the child will be committed and its findings and conclusions of law that formed the basis of its decision.

23

SB 815

Amends Title 42 (Judiciary and Judicial Procedure) further providing for right to counsel by adding that although a child alleged to be delinquent may appear with counsel at the intake conference conducted by a juvenile probation officer following the submission of a written allegation, counsel is not mandatory at this proceeding. If a party other than a child appears at a hearing without counsel the court shall ascertain whether he knows of his right thereto and to be provided with counsel by the court if applicable. The court may continue the proceeding to enable a party to obtain counsel. Counsel must be provided for a child who appears at a hearing without counsel, and counsel for the child cannot be waived. Also provides for right to counsel for children in dependency and delinquency proceedings.

24

HB 1054

Amends Engineer, Land Surveyor and Geologist Registration Law providing a licensee may request exemption from the continuing professional competency requirements if the licensee lists his occupation as retired and certifies to the board that he no longer engages in his licensed profession. Further provides if the licensee intends to return active practice, then the licensee must complete the number of professional development hours required for each year exempted, not to exceed the annual requirement for two years. Requires retired licensees to hold themselves out as such.

25

HB 1203

Amends Title 75 (Vehicles) adding language providing in lieu of a special plate, the owner of an antique or classic motor vehicle may request permission from PennDOT to display a vintage registration plate from the model year of the motor vehicle. Further provides the vintage registration plate shall be: (1) provided by the motor vehicle owner; (2) a Pennsylvania registration plate; and (3) legible from a reasonable distance. Also provides the applicant shall provide information as the department may require for processing the request and a $75 application fee. The department may deny a request for the use of the plate for cause.

26

SB 110

Amends Title 74 (Transportation) to authorize the Department of Transportation to oversee flight operations of all aircraft purchased or leased and maintained by the department under section 5302(A) (relating to aircraft for official use) for use by Commonwealth agencies and the General Assembly. The department must maintain a flight log for all aircraft, the contents of which are provided for.

27

SB 304

Amends the Air Pollution Control Act to require the state implementation plan be published on the internet and to be delivered to the Chairmen of the House and Senate Environmental Resources and Energy Committees on the same day as publication.

28

SB 473

Amends Title 30 (Fish) further providing for license fee for deployed Pennsylvania National Guard members by reducing the length of deployment time required for eligibility for $1 annual resident fishing license from 180 to 60 consecutive days.    

29

SB 560

The State Military College Legislative Appointment Initiative Act establishes the state military college legislative appointment program. Each member may form its own commission to appoint desirous constituents to the state military colleges.

30

SB 730

Amends the Second Class Township Code to exempt council of government, consortium, cooperative or other similar entity from township property leases or conveyances due notice requirements. Provides for sale of real and personal property by the Board of Supervisors and the sale of real property by townships to certain entities.

31

SB 743

Amends the Public School Code to exempt from an Article 12 certification a person who holds the qualifications of a teacher under section 4(2) of the Private Driver Education or Training School Act provided that the employing school district has posted the vacant position for a minimum of ten days on the district's publicly available website and no qualified candidate certified by the Department of Education to teach driver and safety education is available to fill the position.

32

SB 1167

Amends Titles 23 (Domestic Relations) and Title 51 (Military Affairs) further providing for modification of existing orders. Applies to all custody orders except as provided in Title 51 regarding child custody proceedings during military deployment. Provides for assignment of custody rights during military deployment and right of servicemember to petition modification of custody order. Allows for expedited or electronic hearing for good cause shown, upon motion of a parent assigned military duties. Further provides for definitions, initial contact interview screenings, and temporary assignment to family members.

33

SB 1228

Amends the Automobile Lemon Law, allowing for a time-period extension of no more than 30 calendar days if the repair cannot be completed by the manufacturer, its agent or authorized dealer by reason of war, act of terrorism, civil unrest, fire, flood or natural disaster, and of no more than 90 days if the manufacturer, its agent or authorized dealer files a sworn affidavit with the Office of Attorney General stating that repair could not be completed because of one or more of those reasons. The extensions may apply only if the manufacturer, its agent or authorized dealer lends a motor vehicle to the owner at no charge during the period of time.

34

HB 469

Amends the Practical Nurse Law to disallow the use of the title "nurse" unless duly licensed. The prohibition shall not apply to a person of a descriptive title for nurse assistive personnel. Provides a definition of "nurse assistive personnel." The title "nurse" may be used by a person who has been licensed under The Professional Nursing Law.

      35

HB 470

Amends the Professional Nursing Law to disallow the use of the title "nurse" unless duly licensed. The prohibition shall not apply to a person of a descriptive title for nurse assistive personnel. Provides a definition of "nurse assistive personnel." The title "nurse" may be used by a person who has been licensed under The Practical Nurse Law.

      36

HB 1500

Amends Title 51 (Military Affairs) consolidating the Long-Term Care Patient Access to Pharmaceuticals Act as an additional chapter. Updates language clarifying the bill pertains to the United States Department of Veterans Affairs.

          37

HB 1827

Act redesignating a bridge in Irvona Borough, Clearfield County carrying State Route 53 over Clearfield Creek as the Mary Ellen Tiesi Memorial 9-11 Bridge.

          38

SB 354

The REAL ID Nonparticipation Act states neither the Governor nor the Department of Transportation or any other Commonwealth agency shall participate in any provision of the REAL ID Act of 2005 or regulations promulgated thereunder. Either the Governor or the Attorney General may file an action in a court of competent jurisdiction to challenge the constitutionality or legality of the REAL ID Act of 2005. (

          39

SB 539

Amends Title 75 (Vehicles), in driving after imbibing alcohol or utilizing drugs, further providing for grading and for penalties by adding that an individual who violates section 3802 where a minor was an occupant in the vehicle commits a misdemeanor of the first degree. Additionally, the bill provides for violations of section 3803(b)(5) (relating to grading) based on the number of offenses.

          40

SB 1141

Amends the Manufactured Housing Improvement Act expanding the coverage of the act to relocated housing. Provides for certification of installers and for governance; for definitions; for procedures and installation; and describes fees and permits.

          41

HB 61

Amends Title 42 (Judiciary) to require a private collection agency to stop collections on behalf of a court after 48 months have passed, among other reasons.

          42

HB 1546

Amends Title 42 (Judiciary and Judicial Procedure) to allow the Juvenile Judges Commission to collect and analyze data to identify trends and to determine the effectiveness of programs and practices to ensure the reasonable and efficient administration of the juvenile court system; make recommendations concerning evidence-based programs and practices to judges, the administrative office of Pennsylvania Courts and other appropriate entities; and post related information on the commission's publicly accessible internet website.

          43

HB 1702

Act reenacting and amending The Borough Code.

          44

HB 2045

Act designating the bridge that carries State Route 26 over the Raystown branch of the Juniata River in the borough of Everett, Bedford County, as the Sergeant Robert W. Hartsock Memorial Bridge.   

          45

HB 2133

Act designating the bridge that carries State Route 66/28 over Redbank Creek between the Borough of South Bethlehem, Armstrong County, and the Borough of New Bethlehem, Clarion County, as the Sergeant Joseph M. Garrison Memorial Bridge.

          46

HB 2192

Act designating a bridge carrying U.S. Route 202 over an unnamed branch of the Neshaminy Creek in Doylestown Township, Bucks County, in honor of First Lieutenant Colby J. Umbrell.

          47

HB 2246

Act designating a bridge carrying U.S. Route 202 over the Neshaminy Creek in Doylestown Township, Bucks County, as the First Lieutenant Travis Lemma Manion Memorial Bridge.

          48

HB 1862

Act designating a bridge carrying State Route 607 over Freeman Run in the Borough of Austin, Potter County, as the Captain Edgar E. Nuschke Memorial Bridge; and designating a bridge carrying State Route 872 at Section 110 Offset 0960 over the East Fork of Sinnemahoning Creek in Wharton Township, Potter County, as the Private First Class Edward Ritsick Memorial Bridge.

          49

HB 1955

Act designating Grant Street from Main Street in Waynesboro Borough, Franklin County, to the borough line at Route 316 as the Staff Sergeant Richard J. Tieman Memorial Highway.

          50

HB 1956

Act designating State Route 16 from the entrance of Greencastle Borough, Franklin County, to the square or other end of the borough on State Route 16 as the Master Sergeant Benjamin F. Bitner Memorial Highway.

          51

HB 2134

Amends the Insurance Department Act further providing a "company action level event" under section 501-B of the Act shall include the filing of a Risked-Based Capital (RBC) report that indicates the health organization's total adjusted capital is greater than or equal to its company action level RBC but less that the product of its authorized control level RBC and 3.0 and the health organization's trend test result triggers regulatory attention as determined in accordance with the Trend Test Calculation included in the RBC instructions.

          52

HB 2271

Act designating a bridge carrying State Route 2009, formerly the Huff Road Bridge, in West Wheatfield Township, Indiana County, and in St. Clair Township and New Florence Borough, Westmoreland County, as the PFC Robert "Piney Decker" Nadolski Memorial Bridge.

          53

HB 1091

Act designating a portion of State Route 955 in Lawrence Park Township, Erie County, as the Michael D. Crotty Memorial Parkway.

          54

HB 1400

The Primary Stroke Center Recognition Act provides the requirements necessary for a health care facility to be recognized as a primary stroke center. The Department of Health shall recognize a hospital as a primary stroke center if the hospital is certified as a primary stroke center by the joint commission or another nationally recognized accrediting organization that provides certification for stroke care. The designation shall last as long as the hospital remains certified as a primary stroke center. The department shall make available a list of accredited primary stroke centers. Training of emergency medical services personnel and compliance are provided for. The department shall report biennially to the Senate Public Health and House Health Committees. The bill provides for the contents and timing of the report.

          55

HB 1825

Act authorizing the Department of Conservation and Natural Resources, with the approval of the Governor, to grant and convey by quitclaim deeds to Aber and Hockenberry, Mary E. Crotzer, Ronald and Michael Haines, Randy D. Payton Sr., Jack L. Hanna and Victor and Katherine Crum, certain lands situate in Curtin Township, Centre County; authorizing the Department of General Services, with the approval of the Governor, to grant and convey to the Centre County Industrial Development Corporation certain lands situate in Benner Township, Centre County; authorizing the Department of General Services, with the approval of the Governor, to grant and convey to Randy M. Thomas, or his assigns, a permanent utility easement across certain lands situate in White Township, Indiana County; authorizing the Department of General Services, with the approval of the Governor, to remove and release the restrictive use covenants imposed on certain real property situate in the Borough of Blossburg, Tioga County; authorizing the Department of General Services, with the approval of the Department of Military and Veterans Affairs and the Governor, to grant and convey, at a price to be determined through a competitive bid process, certain lands, buildings and improvements situate in the Borough of Canonsburg, Washington County; authorizing the Department of General Services, with the approval of the Governor, to grant and convey to VARHA, Inc., certain lands situate in the Borough of Polk, Venango County; authorizing the Department of Conservation and Natural Resources, with the approval of the Governor, to grant and convey to Ohiopyle Borough certain lands situate in Ohiopyle Borough, Fayette County, in exchange for Ohiopyle Borough granting and conveying certain lands to the Commonwealth of Pennsylvania to be added to those existing lands at Ohiopyle State Park; authorizing the Department of Conservation and Natural Resources, with the approval of the Governor, to grant and convey to Kyle A. and Tamara J. Boltz certain lands situate in Union Township, Lebanon County, in exchange for Kyle A. and Tamara J. Boltz's granting and conveying certain lands to the Commonwealth of Pennsylvania, Department of Conservation and Natural Resources, to be added to those existing lands at Swatara State Park; and making related repeals.

          56

SB 817

Amends Title 42 (Judiciary and Judicial Procedure) providing for the use of restraints on children during court proceedings by requiring restraints to be removed prior to the commencement of a court proceeding. The bill provides for exceptions if the restraints are necessary to prevent harm to the child or another person; to prevent disruptive courtroom behavior evidenced by a history of behavior that created potentially harmful situations or presented substantial risk of physical harm; or to prevent the child from fleeing the courtroom.

          57

SB 1395

Act designating State Routes 3035 and 3033 in Robesonia Borough, Heidelberg Township, North Heidelberg Township and Penn Township, Berks County, as the Captain David Eric Pannabecker POW-MIA Memorial Highway.

          58

SB 1429

Act designating the bridge carrying State Route 114 over Interstate 81 in Silver Spring Township, Cumberland County, as the Corporal Paul Walters Memorial Bridge.

          59

HB 1610

The Sudden Cardiac Arrest Prevention Act requires information about the signs and symptoms of sudden cardiac arrest to be handed out to parents of children wishing to participate in interscholastic athletics. An informational meeting on this subject is required. A student-athlete displaying the signs and symptoms of sudden cardiac arrest must be removed from play and coaches must attend annual training on the subject.

          60

SB 1310

Amends Unemployment Compensation Law further providing for definitions, for determination of contribution rate, for add'l contribution interest, for trigger determination, for compensation rate, for UC fund, & UC amnesty program.

          61

HB 10

AmendsSecond Class County PortAuthority Act further providing for title, leg. findings, def., port authorities, board, eminent domain, conveyance & integrated operation; providing for exclusive jurisdiction & report; editorial changes.

          62

HB 165

Amends Title 18 (Crimes and Offenses) further providing for the offense of cruelty to animals.

          63

HB 804

Amends Title 42 (Judiciary) further providing for exemptions from jury duty.

          64

HB 1237

Amends Title 34 (Game), in hunting and furtaking licenses, further providing for resident license and fee exemptions.