PA HOUSE DEMOCRATIC LEGISLATIVE REVIEW - Sept. 28, 2012

A state legislative update from the PA House Democratic Caucus THE LATEST... Kavulich measure would establish anti-gang program State Rep. Sid Michaels Kavulich is working to establish anti-gang legislation to protect youth throughout the commonwealth. Kavulich recently introduced House Bill 2506, which would establish an anti-gang counseling pilot program. The measure would require the Department of Education to launch the program to educate students, teachers and parents on methods to discourage participation in criminal gangs. Law enforcement participation would be an integral element of the pilot project. Kavulich’s bill is just one component of an initiative called “Operation Gang-Up” established by Congressman Lou Barletta and state Sen. John Yudichak. House Bill 2507 is an additional component of the initiative. The measure would establish sentence enhancements for crimes associated with street gangs. House Bill 2506 is currently awaiting consideration by the House Education Committee. Sturla and family advocates criticize harmful new DPW policy At a Capitol news conference this week, state Rep. Mike Sturla, D-Lancaster, was joined by families with disabled children, their advocates, service providers and other legislators to blast a policy change within the Department of Public Welfare which was announced quietly last month and will cost families with disabled children millions of dollars annually. Speaking alongside Sturla at the news conference were Jim Bouder of Manheim, Lancaster County; Catherine Hughes of White Oak, Allegheny County; and Kim Shank of Quarryville, Lancaster County. The lawmaker and advocates addressed a policy change announced in the Pennsylvania Bulletin in August that DPW will begin collecting co-payments in October from families earning 200 percent of the federal poverty guideline for the services their disabled children receive. Up to 5 percent of a family's household income may be collected. Sturla noted that in the past DPW required oversight from the General Assembly or the Independent Regulatory Review Commission in order to implement changes of this magnitude, however due to the Republican-backed Act 22 of 2011, DPW Secretary Gary Alexander was granted ultimate control in any ‘cost-saving’ measure. Bouder, an affected parent and advocate said, "Because DPW’s plan bypassed the regulatory review process, there are very serious and unresolved implementation problems that wouldn’t exist if the IRRC had been permitted to do its job. We have a viable alternative to DPW's plan that is straightforward and achievable if existing law were applied and enforced, and it would meet or exceed the Commonwealth’s budgetary objectives.” Bouder noted that if Act 62 of 2008, the Autism Insurance Coverage Law, were fully implemented it would save more than $25 million a year, versus the $5 million in projected savings under the DPW policy. Advocates were outspoken regarding the impact the copayments will have on families across the Commonwealth and that the new policy has left many parents with questions regarding its rapid implementation. Sturla praised the advocates for the work they have done to bring this issue to the forefront, including a letter writing campaign, letters to the editor and Tuesday’s rally. House passes Curry's physician disclosure bill The Pennsylvania House of Representatives has unanimously passed state Rep. Lawrence Curry's bill (H.B. 2196) that would require physicians to disclose their financial or ownership interest in a long-term care facility to their patients or the patients' responsible family member/legal representative. The bill would make clear that the patient may choose the physician making the disclosure or an independent physician as the primary care physician. The bill was prompted by the case of Peggy Rogers. Rogers was a 69-year-old woman who died of undiagnosed breast cancer in 2006 while under the care of her primary care physician, who also owned the personal care home where she lived. House Bill 2196 now moves to the state Senate for consideration. Frankel, nurses from across Pa. call for covering uninsured through Medicaid At a Capitol news conference this week, state Rep. Dan Frankel, D-Allegheny, and nurses from across Pennsylvania called for the state to expand Medicaid to cover uninsured Pennsylvanians living below 133 percent of the federal poverty level, as provided for in the Affordable Care Act. Frankel introduced legislation (H.B. 2557) in July that would accomplish that. Frankel said the state currently receives more than $500 million in federal funding per year for hospitals for uncompensated care, and the state provides matching funds as well. Those federal payments for hospitals will be phased out since the Affordable Care Act instead provides for people covered by the Medicaid expansion to have insurance. For the first three years of the expanded program, the federal government will pay the entire cost of expanding Medicaid for this newly covered population. After that, the federal government will pay 90 percent of the cost of keeping these Pennsylvanians insured. Frankel said a recent Harvard study compared states such as New York, which have expanded Medicaid, to Pennsylvania and other states that haven’t. Mortality decreased 6 percent in the states that expanded Medicaid to cover their most vulnerable residents. Frankel's proposal is estimated to offer health insurance coverage for up to 800,000 more Pennsylvanians. Video from Frankel's remarks is available at http://youtu.be/kWcqsLBu-Ow. Daley introduces bill to repeal changes to Small Games of Chance law State Rep. Peter J. Daley II, D-Fayette/Washington, responding to an outcry from fire departments and social and veterans' organizations in his district, has introduced legislation to repeal changes to Pennsylvania's Small Games of Chance law that were enacted earlier this year. Daley's bill (H.B. 2649) will repeal all of the changes made to the Small Games of Chance Act by House Bill 169. Daley said local fire departments and clubs continue to say that the changes will spell financial problems that possibly could lead to closing their doors. Even groups that support maintaining the new law say changes need to be made. DeLissio amendment would prevent definition of medical staff from being limited to physicians, dentists and podiatrists State Rep. Pamela A. DeLissio was joined by representatives of health care providers at a Capitol news conference to urge inclusion of DeLissio amendments to H.B. 1570, which would provide a long-overdue overhaul of the rules and regulations under which hospitals operate. DeLissio, D-Phila/Montgomery, is a member of the House Health Committee. DeLissio has introduced amendments that would preclude the limiting of the existing definition to only physicians, dentists and podiatrists to serve on the hospital’s medical staff. It would be up to the governing body of each hospital to determine what other health care professionals should serve on the medical staff e.g. physician assistants, advanced practice registered nurses, pharmacists and psychologists etc. Dr. Cynthia Flynn, executive director of the Birth Center in Bryn Mawr, said the legislation would "interrupt what should be a seamless way to transfer patients" to a hospital when that is necessary. I cannot back this legislation without the DeLissio amendments." Susan M. Shanaman, representing the Pa. Psychological Association, said, "passage of House Bill 1570 without these amendments would actually take the health care community back a step" because a law passed in 2003 (Act 28) already allows hospitals to include psychologists and that would be in jeopardy. Also participating in the news conference were Julie Cristol, representing the Pa. Association of Certified Nurse Midwives, who stressed the "concern about ob/gyn shortages" in parts of the state and Susan Shrand, executive director of the Pa. Association of Certified Nurse Practitioners, who supports the DeLissio amendments as "a way to better serve the underserved areas, such as geriatrics, pediatrics and obstetrical services." Others supporting the DeLissio effort are Pennsylvania Pharmacists Association and AARP Pennsylvania. Hearing held on minority-, women- and disadvantaged-owned business legislation State Rep. Jake Wheatley, D-Allegheny, testified before the House Local Government Committee recently on his package of reform legislation that would help small businesses and minority-owned, women-owned and disadvantaged-owned businesses across Pennsylvania. Wheatley's bills (H.B. 2089, H.B.s 2091, 2092, 2093, 2094, 2095 and 2096, and H.B. 2140) would increase opportunities for those businesses to compete for tax-funded subcontracting for local government projects, similar to other bills Wheatley has championed that would reform state contracting. The House passed state contracting reform legislation in the last session, but it expired in the Senate. Wheatley provided the committee with an overview of the bills and answered members' questions. In July, Wheatley welcomed the announcement by the governor’s office of a new program which will help small businesses and veteran-owned businesses compete for state contracts. Wheatley, a veteran, said the next step is to put that initiative into law so it will carry over into future administrations. Small businesses interested in bidding on contracting opportunities for supplies, services, information technology, and construction through that initiative can find more information on the program and self-certification process online at www.smallbusiness.pa.gov.

Sept. 28, 2012 IN THE NEWS Education secretary overstated impact of cheating on PSSA test scores PA officials tout promise of P3s Report criticizes PA gas drilling enforcement Voter ID law author says enforcement is too lax Lawmakers examine turnpike's financial future New approach to property taxes for large nonprofits Shale drilling on SSHE lands OK'd; health advisory panel in the works Democrats concerned about added cost, transparency of proposed incentive program Voters remain sour on Corbett Republicans retaliate against critics of budget cuts for vulnerable Little has been accomplished on charter school reform Major issues may languish in brief legislative session Changes coming for standardized tests will make AYP less feasible ------------- Follow the House Democratic Caucus on Social Media:

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