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        Number 25
 December 13
, 2013

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LEGISLATIVE BULLETIN
An e-newsletter of the County Commissioners
Association of Pennsylvania

 

Serving Counties Since 1886
In This Issue
Child Protection Bills Sent to Governor
Congress Reaches Budget Deal
Senate Advances Bill to Rename DPW
Governor Proposes Healthy PA Waiver
House Human Services Committee Discusses Recovery Houses
Telecommunications Deregulation
 
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                           Season's Greetings

                From the Officers and Staff of CCAP

 

Dear  

                             

CHILD PROTECTION BILLS SENT TO GOVERNOR

 

The House and Senate have finalized five bills in the child protection reform package, introduced as a result of the 2012 report of the Task Force on Child Protection, and sent them to the Governor for his signature.

 

The bills include SB 23 (introduced by Sen. Lisa Baker, R-Luzerne), which expands the list of individuals considered to be perpetrators of child abuse and outlines a process to expunge the record of a perpetrator who is under the age of 18 at the time of the abuse. Also in the package, SB 34 (sponsored by Sen. Lloyd Smucker, R-Lancaster) will establish a comprehensive system under which professional educators, including those at charter, cyber charter and private schools, are investigated and disciplined for misconduct. Senate Bill 28 (offered by Sen. Pat Browne, R-Lehigh) will add child abuse to the definitions of assault and simple assault in the Crimes Code and create the offenses of false reporting and falsification of child abuse reports.

 

Senate Bill 30 (Sen. Edwin Erickson, R-Delaware) will provide for a registry of false child abuse reports that will be available to law enforcement, DPW and county children and youth agencies to assist in establishing a pattern of false reports, and provide an option for a perpetrator to request an administrative review by DPW to amend or expunge an inaccurate report. Finally, requirements of multidisciplinary investigative teams are detailed in SB 1116 (by Sen. LeAnna Washington, D-Philadelphia).

 

Two other bills, HB 414 (sponsored by Rep. Bernie O'Neill, R-Bucks) and HB 726 (introduced by Rep. Scott Petri, R-Bucks), were also approved unanimously by the Senate and returned to the House for a concurrence vote. The former would assure that information relating to child abuse is available to the courts in custody cases, and the latter provides a comprehensive update to the definition of child abuse in the Public Welfare Code.

 

House Bill 726 was amended prior to final Senate passage to include language from HB 433 (introduced by Rep. Ryan Aument, R-Lancaster) that provides for notification of the results of a child abuse investigation to the person named as a perpetrator and outlines the procedures to expunge or amend indicated and founded reports of child abuse. That language was further modified in the Senate to include two provisions sought by counties, including retention of the substantial standard of evidence to indicate child abuse cases, and a provision requiring the county children and youth solicitor to review, rather than approve, indicated reports.

 

The effective dates of SB 23 and HB 726 have also been extended to Dec. 31, 2014, to allow sufficient time for training of county children and youth staff. The House is expected to concur on HB 414 and HB 726 the week of Dec. 16 and send them to the Governor as well

 

CONGRESS REACHES BUDGET DEAL 

 

Congressional budget negotiators reached a budget deal on Dec. 10, setting overall federal spending for FY 2014 at $1.012 trillion, up from the $967 billion level that would have been required if sequestration spending cuts were imposed in January. The proposal also sets FY 2015 levels at $1.014 trillion. The deal averts another government shutdown on Jan. 15, when the stopgap measure adopted in October was scheduled to run out. The U.S. House approved the agreement on Dec. 12 on a 332-94 vote, and the Senate is expected to vote the week of Dec. 16.

 

The two-year deal partially replaces the sequester, eliminating around $63 billion in its across-the-board domestic and military cuts through a combination of other cuts and increases in non-tax revenues. It provides another $22.5 billion in deficit reduction by extending a two percent cut to Medicare providers through 2023, two years beyond the date set by the Budget Control Act of 2011. Added revenues come from higher airline fees to underwrite airport security, while higher pension contributions from federal workers are expected to save about $6 billion. Military pensions would also see slower cost-of-living increases, creating a $6 billion savings over ten years. Research programs in deepwater, natural gas and other petroleum production areas would end as well. The President would be required to sequester the same percentage of mandatory budget resources in 2022 and 2023 as will be sequestered in 2021 under current law, saving $28 billion over ten years

SENATE ADVANCES BILL TO RENAME DPW 

            

On Dec. 10, the Senate Public Health and Welfare Committee reported HB 993, legislation introduced by Rep. Tom Murt (R-Montgomery) to change the name of the Department of Public Welfare (DPW) to the Department of Human Services. 

 

Many of the services provided by DPW are for those who are truly in need, including children, the aging population, and those with mental or developmental disabilities. CCAP and its members expressed support for the bill, indicating the importance of having the agency name accurately reflect these services and the mission of county and state human service entities. Coordinating the name of the overseeing state agency with those of federal and county agencies, which are often referred to as offices or departments of "human services," helps consumers and constituents understand the nature and type of services being provided and how they relate to local and national provider agencies.

 

House Bill 993 was reported by a 9-2 vote, with Senators Scott Hutchinson (R-Venango) and Joe Scarnati (R-Jefferson) voting in the negative.

GOVERNOR PROPOSES HEALTHY PA WAIVER 

            

On Dec. 7, the administration published in the PA Bulletin a proposal for requesting a federal waiver from Medicaid rules that embodies Gov. Corbett's Healthy Pennsylvania proposal for expanding health care coverage under the Affordable Care Act. A waiver is needed because the proposal would use federal funds to purchase private health insurance for qualified individuals, rather than expand eligibility for Medicaid, and therefore requires approval by the Centers for Medicare and Medicaid Services. A detailed description of the service packages that will be available is included in the proposal, such as the creation of a tiered approach based on need, inclusion of a co-payment, and a work search requirement. The proposal also preserves benefits for most vulnerable populations, including those with disabilities.

 

A public comment period is open for 30 days, and six statewide public hearings have been scheduled during the same time, as well as two webinars on Dec. 16 and Jan. 8. The full schedule of hearings and registration details can be viewed at www.dpw.state.pa.us/healthypa. Based on comments received, the state will develop and submit a final waiver application to the federal government, which will in turn review it to ensure all waiver requirements are met and publish the proposal for a 30-day public comment period on the Medicaid.gov website. 

 

In a media release, CCAP indicated its intent to work closely with the Governor on implementing a plan that is consistent with CCAP goals; CCAP members adopted a resolution in August supporting Medicaid reform, but withheld taking a position on Medicaid expansion

HOUSE HUMAN SERVICES COMMITTEE DISCUSSES RECOVERY HOUSES  

            

The House Human Services Committee amended and reported a bill on Dec. 10 establishing standards for recovery housing for individuals with drug and alcohol problems, which are intended to offer a stable living environment when such an environment does not exist in the community.

 

Rep. Frank Farry (R-Bucks), the sponsor of HB 1298, offered an amendment during the committee meeting that would create a certification, developed by the Department of Drug and Alcohol Programs, which recovery houses would have to obtain to qualify for state funding. Specifically, a recovery house would be required to comply with all state and local ordinances, establish procedures for the safety of residents and the community, promote recovery by requiring resident participation in treatment or other recovery supports, have plans to handle relapse, and require abstinence from alcohol and other drugs. The amendment further requires the Department to establish a task force to make recommendations regarding the criteria for certification.

TELECOMMUNICATIONS DEREGULATION  

            

The House Consumer Affairs Committee recently held two hearings on HB 1608, legislation introduced by Rep. Warren Kampf (R-Chester) that would relax the regulatory framework on traditional telephone utilities.

 

According to Rep. Kampf, cable and wireless industries that provide voice services are not regulated by the state's Public Utility Commission (PUC), putting the regulated landline industry at a competitive disadvantage. House Bill 1608 would declare all non-urban exchanges competitive, which would immediately release them from PUC oversight of protected services. Rural exchanges would be permitted to be classified as competitive if there are at least two alternative providers. While PUC oversight would remain in rural exchanges that are not yet competitive, attaining the competitive designation in rural exchanges would release incumbent landline carriers from basic voice service requirements on Jan. 1, 2018, or upon cancellation of service by the consumer.

 

At the Dec. 12 hearing, Barry Hutchins, with the Lycoming County Department of Public Safety, shared his support for creation of a more competitive market, but noted all Pennsylvanians must continue to have fair and unimpeded access to E-911 services at current levels of reliability. In addition, Hutchins suggested that exchanges be mapped to allow the impact on 911 centers and public safety access points to be more easily evaluated.

 

The committee indicated its intent review all testimony from both hearings and to develop an amendment before bringing HB 1608 forward for a vote.

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Contact Us: Douglas E. Hill Executive Director, CCAP