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        Number 18
 September 5
, 2014

www.pacounties.org

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

 

Serving Counties Since 1886
In This Issue
Fall Session Begins Sept. 15
Legislative Attention to Drug Overdose Crisis Increases
Federal Government Approves Healthy PA Wavier
PA Superior Court Rules Mandatory Minimum Sentencing Unconstitutional
Resolutions and Platform Revision
 
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FALL SESSION BEGINS SEPT. 15


The General Assembly returns to Harrisburg on Sept. 15, with 11 session days planned in the Senate and 12 in the House before the 2013-2014 session closes on Nov. 30. Despite the limited timeframe, much remains to be done, including several bills important to counties.

 

A priority for counties this year has been to comprehensively address the growing substance abuse and drug overdose problem across the commonwealth. Legislation critical to reversing this trend must be approved this fall, including issues such as getting naloxone, a rescue drug effective in treating overdoses and saving lives, into the hands of emergency responders (with immunity for those seeking help and access to it) and creating a prescription drug monitoring system to help identify potential addictions so they can be addressed earlier.

 

Other outstanding bills include SB 1078, Sen. Sean Wiley's (D-Erie) bill to clarify that cost of living adjustments (COLAs) granted under the County Pension Law would not have to be calculated retroactively to the date of the previous COLA, nor applied to each year since the COLA. It has been referred to the House Finance Committee after winning the unanimous approval of the Senate in late June. House Bill 2131 (Rep. Chris Ross, R-Chester) and SB 1322 (former CCAP member Sen. John Eichelberger, R-Blair) would fix a drafting error in the County Consolidated Assessment Law to assure all buildings are considered real estate, and thus assessable, as they were prior to the consolidation. Both have been reported by their respective chamber's Local Government committees, and one will need to be approved by both chambers to make it to the Governor's desk. Senate Bill 771, introduced by Sen. John Gordner (R-Columbia), would create a statewide geospatial board to bring together state, local, and other interests to improve coordination of data collection and analysis. The bill needs just a floor vote in the House to get to the Governor's desk, while a companion bill, HB 1285, introduced by Rep. Bryan Cutler (R-Lancaster), is awaiting a vote in the Senate. Finally, HB 942 (Rep. Sandy Major, R-Susquehanna) would provide guidance relating to oil and gas documents filed in county recorder of deeds offices, and is currently before the Senate Environmental Resources and Energy Committee.

 

Any bills not sent to the Governor's desk during the remaining session time will have to be reintroduced and begin the legislative process anew when the legislature reconvenes for the 2015-2016 session in January. Talking points and other materials can be found on CCAP's Legislative Action Center.

 

LEGISLATIVE ATTENTION TO DRUG OVERDOSE CRISIS INCREASES


Over the summer,
several groups of legislators gathered to address the growing opiate crisis facing the commonwealth. The hearings involved testimony from government officials, drug and alcohol professionals, medical groups, law enforcement, and community partners. Though the backgrounds of these experts varied, a common theme emerged: The need for legislation to provide solutions.

 

On Aug. 19, the Center for Rural Pennsylvania hosted its fourth and final public hearing on the issue in Clarion County. The hearing series provided state legislators an opportunity to examine current policies related to heroin and opiate addiction through testimony from more than fifty experts in various fields. Sen. Gene Yaw (R-Lycoming), the Center's chair, noted the overdose crisis is not exclusive to rural Pennsylvania but impacts the entire state. The Clarion hearing featured testimony from Attorney General Kathleen Kane, Department of Drug and Alcohol Secretary Gary Tennis, Vice Chair of the Pennsylvania Association of County Drug and Alcohol Administrators (PACDAA) Kami Anderson, as well as local law enforcement, prevention and treatment specialists, and medical organizations. Venango County commissioner Bonnie Summers also submitted written comments to the Center, calling for a comprehensive solution and additional funding, while emphasizing the importance of the Human Services Block Grant in integrating drug and alcohol treatment with other services. Among other issues, speakers also identified the need for naloxone access and a prescription drug monitoring program. The Center is compiling a list of recurring themes from all four hearings, and a summary is expected to be presented to the legislature.

 

In addition, the House Democratic Policy Committee hosted a public hearing on Aug. 28 in Bucks County. The hearing focused on addiction problems at the community level and involved testimony from drug and alcohol service providers and local law enforcement, as well as Bucks County Drug and Alcohol Administrator Diane Rosati. Other groups of legislators have also arranged their own meetings on the overdose crisis during the summer, including an Aug. 26 event hosted by the Schuylkill County delegation.

 

Together, these hearings have thoroughly identified the problem and explored the possible solutions to the epidemic. With just a few days left in the legislative session, the General Assembly has an opportunity to move forward some of those solutions by approving bills before it to create a prescription drug monitoring program, grant law enforcement access to naloxone, and restore drug and alcohol funding
.
  

FEDERAL GOVERNMENT APPROVES HEALTHY PA WAVIER


Gov. Corbett announced on Aug. 28 that the federal government has approved Pennsylvania's Healthy PA Medicaid waiver plan. The plan was originally part of his FY 2014-2015 budget proposal, intended to reform Medicaid, increase access to health care, and improve the financial stability of the state's Medicaid system. Under the approved plan, Medicaid funds will subsidize private insurance for many in the newly-eligible population under the Affordable Care Act. Individuals deemed medically frail, which may include those with serious mental illness and substance abuse, will be placed in a high-risk category and continue to receive their coverage through Medicaid managed care (HealthChoices).

 

According to the Governor's office, coverage under Healthy PA is expected to begin in January 2015, with enrollment beginning in December 2014. The administration also reports the waiver will achieve the $125 million in savings already anticipated in the FY 2014-2015 budget, and another $600 million in savings is expected in FY 2015-2016.

Healthy PA authorizes premiums for individuals above 100 percent of the federal poverty level, but premiums will be capped at two percent of income. Premium costs can be reduced through healthy behaviors such as an annual wellness visit. Individuals can be disenrolled for failure to pay premiums after 90 days, but cannot be locked out of coverage if they are disenrolled for failing to pay the premium so they could re-enroll for coverage. A separate cost-sharing provision, in addition to currently authorized copayments, is allowance for copayment for any non-emergency use of the emergency room.

 

The approval contains no waiver of federal law related to benefits, nor does it include any of the benefit caps proposed in the original application. The state will be proposing changes through the Medicaid state plan amendment process, but will have to be compliant with existing federal rules. While the waiver does not require work search to be eligible for coverage, as originally proposed, the state will have its own voluntary employment initiative through the state Department of Labor and Industry. The federal government did waive the non-emergency transportation benefit for one year for newly eligible individuals who will be enrolled in the private coverage option, though the expectation is that the state will develop a plan to assure non-emergency transportation in year two of Healthy PA.

 

Questions about the plan remain, including what the final benefit structure approved through changes to the Medicaid state plan will look like, and the processes to be established to assure a smooth transition between private coverage and Medicaid coverage so individuals will not be forced to fall back on county safety net services. Counties will need to monitor funding for HealthChoices, as it will now serve a higher proportion of medically fragile individuals.

 

Additional information on the Healthy PA plan is available on the Department of Public Welfare's website at www.dpw.state.pa.us/healthypa/
.

 

PA SUPERIOR COURT RULES MANDATORY MINIMUM SENTENCING UNCONSTITUTIONAL


The state Superior Court called the current practice of mandatory minimum sentences unconstitutional, vacating the sentence of a Montgomery County man
who had received a mandatory 5-year sentence for possession of drugs and a firearm.

 

There are two types of mandatory sentencing statutes - "notice" and "no notice." The ruling issued by the Superior Court addressed notice mandatories, where the factors that trigger the mandatory sentence are determined by the court at sentencing based on preponderance of evidence. Drug trafficking mandatory sentences are notice mandatory sentences, and the decision may have a potentially significant impact for the criminal justice system. CCAP has asked for an analysis from Pennsylvania Commission on Sentencing staff, who explained a similar case that is before the state Supreme Court is expected to be decided shortly. If the Supreme Court finds the statute unconstitutional, it is still possible that the sentences will remain available, if the court finds parts of the law to be severable. If the procedure is not severable, the entire statute may become void and require re-enactment.

 

RESOLUTIONS AND PLATFORM REVISION


In the prior edition of the
Bulletin we reported on policy resolutions adopted following consideration at the CCAP Annual Conference business meeting on August 5, 2014, and approval by the full CCAP membership by electronic ballot. The resolutions amend the Pennsylvania County Platform, the Association's cumulative policy statement. Following is the second installment of resolutions adopted. The full set of resolutions, along with the Platform, is available on the CCAP website, www.pacounties.org. 

 

Resolution NO. 12 (Submitted by the CCAP Energy, Environment and Land Use Committee) - The Association supports increased state and federal funding to help local communities meet more stringent state and federal water quality standards.

 

CCAP's waterway infrastructure and maintenance priority emphasizes the interrelationship among federal, state and local agencies to meet water quality goals, including the need for both federal and state resource commitments.

RESOLUTION NO. 13 (Submitted by the CCAP Energy, Environment and Land Use Committee) - The Association supports efforts to guarantee adequate state funding for storm water planning and improve storm water planning across municipal boundaries in order to meet existing water quality requirements, while opposing changes to storm water management laws which:

 

a.
Impose a "one-size-fits-all" approach that does not take into account differences between counties;
b.
Fail to require shared county and municipal responsibility for implementation;
c.
Expand storm water planning requirements without additional or adequate funding; and
d.
Impose another layer of storm water policy over existing Act 167 requirements.

 

CCAP's waterway and infrastructure maintenance priority speaks to the need for state funding for storm water planning, which has not been appropriated since FY 2008-2009.

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Contact Us: Douglas E. Hill Executive Director, CCAP