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COURT AFFIRMS JURY COMMISSIONER LAW
The PA Supreme Court has affirmed the validity of Act 4 of 2013, which allows county commissioners to abolish the office of jury commissioner. The Court, in its September 17 order, upheld the Commonwealth Court decision in which that Court concluded "that Act 4 of 2013 does not violate any of the constitutional provisions upon which the Jury Commissioners rely in seeking to obtain declaratory and injunctive relief."
The law was approved in May to replace the similar Act 108 of 2011 which had been overturned when the PA Supreme Court declared that act unconstitutional on procedural grounds. Jury commissioners had contested both laws as constitutional violations of separation of powers and unlawful delegation. The Court's 6-1 ruling on Act 4 (Justice Todd dissenting), which followed an expedited September 11 hearing, indicated "opinions to follow."
To date, at least 43 counties have passed resolutions under Act 4; another 11 counties had abolished the office either incidental to home rule charters or through special legislation. |
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GOVERNOR ANNOUNCES HEALTH CARE, MEDICAID REFORMS
On Monday, Sept. 16, Gov. Corbett announced his Healthy PA initiative, sharing the details of the comprehensive health care reform proposal submitted for federal approval. While some components of his plan may require state legislative support and enactment, the bulk of the plan for reforming Medicaid and utilizing federal dollars to provide health insurance benefits for the uninsured must be approved by the federal Centers for Medicare and Medicaid Services (CMS).
The Governor's proposal is similar to those submitted by several other states, making more Pennsylvanians eligible for insurance by requesting federal approval to use funds to purchase private insurance rather than by expanding Medicaid. The proposal also includes a request for federal approval of a work requirement, permission to align benefits with private insurance plans, and cost sharing requirements. The focus on reform is consistent with a recent resolution adopted by CCAP members supporting reform of Medicaid and indicating their desire for counties to remain part of any conversation on Medicaid reform or expansion.
Additional components of the Governor's initiative include expansion of the Children's Health Insurance Program (CHIP) by eliminating the mandatory six-month waiting period. The plan further promotes access to primary health care by expanding community-based primary health clinics, focusing on underserved areas of the state, and a primary care loan forgiveness program for health care professionals. In addition, it anticipates the use of telemedicine to bring specialty care to areas of the state lacking specialized medical care, and expansion of electronic access to secure patient health records.
Commitment to older citizens and those with disabilities is another core component, focused on development of coordinated and effective long-term care and supports. Building upon an additional $68 million investment to reduce waiting lists for home and community-based services, the Governor will convene a Long-Term Care Commission to provide recommendations on best practices and strategies to supporting independence, regardless of an individual's disability or age.
The initiative includes a public health improvement component, utilizing Pennsylvania's public health and research universities, employers, communities and physicians to examine how healthy diets, increased physical activity, delivery of care and management of chronic conditions can improve the overall health and wellness of Pennsylvanians. Gov. Corbett will host a "Healthy Pennsylvania Summit" next spring to expand preventative health best practices across the Commonwealth.
And finally, also consistent with recent changes to the CCAP Platform, the proposal seeks to improve public safety through a prescription drug monitoring program to enable health care professionals to improve coordination of pain care for patients, help patients receive addiction treatment, and to reduce the criminal diversion of prescription drugs. This part of the proposal will continue the partnership with local law enforcement in support of the statewide "Drug Take-Back" program that gives Pennsylvanians a safe and secure way to dispose of unused prescription medications.
Details of the initiative will be developed under the direction of state agencies, and public comments are encouraged. CCAP intends to work closely with the Governor and the General Assembly as parts of the proposal are rolled out while federal consideration of the Governor's Medicaid initiative is under review. |
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SENATE COMMITTEE TO CONSIDER C&Y BILLS
The Senate Aging and Youth Committee has scheduled a meeting for Sept. 24 to consider several bills that are part of the child protection reform package.
Specifically, the committee will consider SB 20, expanding the definition of child abuse and clarifying exceptions; SB 21, expanding the number of mandated reporters and addressing privileged communication and circumstances for taking emergency custody; SB 22, clarifying and increasing penalties for failing to report suspected child abuse; SB 23, expanding the definition of perpetrator, SB 27, providing for increased communication between county agencies and the medical community; SB 30, increasing the scope of information maintained in the child abuse central registry and providing immunity from liability for certain persons; and SB 33, providing for protection from employment discrimination for persons making reports of suspected child abuse.
CCAP has submitted comments to committee members providing feedback on the impact of the proposed changes in the bills, along with suggestions for further amendments. Counties remain fully committed to their mission of protecting vulnerable children and their families and are encouraged by the attention of the Senate to these important issues. However, any changes adopted must be cognizant of the potential for increased pressure on the child welfare system, and assure that funds are available to enable counties to implement and enforce the laws to the best of their ability. Additional talking points on the impacts of the legislation will be available at CCAP's Legislative Action Center. |
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HOUSE CONTINUES PREVAILING WAGE HEARINGS
The House Labor and Industry Committee continues its series of hearings on prevailing wage reform, with its most recent in Johnstown on Sept. 16. Cambria County Commissioner Doug Lengenfelder participated in the hearing, sharing information with committee members on this CCAP priority and how current prevailing wage laws impact local governments. He provided a specific example of cost differences for a housing rehabilitation project that had been bid both with prevailing wages and without, noting that the average cost increased from $90,000 without prevailing wages to $155,000 with prevailing wages. Lengenfelder also referenced a 2011 United Way study which found that the most pressing issues facing their community were a poor economy, lack of community resources and crime - all issues to which his county would like to devote more resources, but current prevailing wage laws are preventing the most effective and efficient use of taxpayer dollars.
Lengenfelder's full comments can be found on CCAP's Government Relations web page under Testimony and Advocacy. The committee will hold its final prevailing wage hearing on Sept. 26 in Williamsport. |
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FINAL HEARING ON 911 STATUTE HELD
The House Veterans Affairs and Emergency Preparedness Committee has completed its series of hearings focusing on the rewrite of the 911 Public Safety Emergency Telephone Act. Maintaining and improving 911 services is an ongoing CCAP priority.
At the committee's Sept. 18 meeting in the Pittsburgh area, Mercer County commissioner Matt McConnell and Allegheny County Executive Rich Fitzgerald highlighted increasing 911 operational costs that have far outpaced funding provided to counties under the more than 20-year-old law. In addition, they pointed out the increasing complexity in technological advancements, such as cellular phone use, Voice over Internet Protocol (VoIP) phone systems, Phase II technology, computer-aided dispatch, Next Generation 911, and others that were not anticipated when the law was written. They also illustrated the need to improve and simplify the 911 funding formula and how it is distributed. Both testifiers also noted the need for increased efficiency and cooperation in administrative structures and planning processes to reduce county administrative overhead and provide cost savings.
The commissioners' testimony can be found on the CCAP Government Relations web page under Testimony and Advocacy. |
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FEDERAL FUNDING FOR LOCAL BRIDGES
Sen. Bob Casey (D-PA) recently announced that he and Sen. Roy Blunt (R-MO) will be introducing a transportation amendment that would require states to allocate a larger percentage of federal highway dollars to off-system, or locally owned, bridges. The increase, from 15 percent to 25 percent of a state's share of federal dollars, is proposed to be amended into the budget bill that is due to be debated in the fall.
Sen. Casey was instrumental in working with CCAP and the National Association of Counties last year to preserve the set-aside for off-system bridges in the 27-month reauthorization of the federal surface transportation act, MAP-21; the set-aside had initially been slated for elimination in that bill. While the amendment Casey is proposing to the budget bill would not increase the amount of federal highway funding, it would instead shift additional funds from federal highway bridges to state, county, and municipal bridges. The Senator also indicated that his amendment would have a disproportionately positive impact on Pennsylvania because the state ranks first in the nation in off-system structurally deficient bridges, with the average age of a bridge at 54 years. |
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