PRINTER'S NO. 1678
No. 1420 Session of 1997
INTRODUCED BY STRITTMATTER, E. Z. TAYLOR, SATHER, MILLER, LYNCH,
ARMSTRONG, STERN, BENNINGHOFF, FICHTER, ZIMMERMAN, BUNT,
STEVENSON, HUTCHINSON, LEH, McNAUGHTON AND ZUG,
APRIL 30, 1997
REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES,
APRIL 30, 1997
AN ACT
1 Amending the act of April 9, 1929 (P.L.177, No.175), entitled
2 "An act providing for and reorganizing the conduct of the
3 executive and administrative work of the Commonwealth by the
4 Executive Department thereof and the administrative
5 departments, boards, commissions, and officers thereof,
6 including the boards of trustees of State Normal Schools, or
7 Teachers Colleges; abolishing, creating, reorganizing or
8 authorizing the reorganization of certain administrative
9 departments, boards, and commissions; defining the powers and
10 duties of the Governor and other executive and administrative
11 officers, and of the several administrative departments,
12 boards, commissions, and officers; fixing the salaries of the
13 Governor, Lieutenant Governor, and certain other executive
14 and administrative officers; providing for the appointment of
15 certain administrative officers, and of all deputies and
16 other assistants and employes in certain departments, boards,
17 and commissions; and prescribing the manner in which the
18 number and compensation of the deputies and all other
19 assistants and employes of certain departments, boards and
20 commissions shall be determined," abolishing the Department
21 of Health and the Department of Public Welfare; establishing
22 the Department of Health and Human Services and the Office of
23 the Physician General; transferring certain functions, powers
24 and duties heretofore performed by the Department of Health
25 and the Department of Public Welfare; transferring certain
26 boards and commissions; and making editorial changes.
27 The General Assembly finds and declares as follows:
28 (1) There are many areas and populations within this
1 Commonwealth with diverse public health and welfare needs.
2 (2) The Department of Health and the Department of
3 Public Welfare are responsible for providing and facilitating
4 the necessary services to those needy populations.
5 (3) Historically, the Department of Health and the
6 Department of Public Welfare have had numerous services and
7 programs which have been dealt with simultaneously by the two
8 departments in less than cooperative, effective and efficient
9 manners.
10 (4) These inadequately handled crossover issues have
11 resulted in insufficient and ineffective provision and
12 promotion of necessary care and services to needy
13 populations.
14 (5) To address these inefficiencies and enable the
15 provision and promotion of necessary care and services for
16 needy populations, the Department of Health and the
17 Department of Public Welfare shall be merged to create a
18 Department of Health and Human Services to take advantage of
19 the various benefits of each department without the
20 separation and lack of communication and cooperation which
21 has historically existed between the two departments.
22 (6) To facilitate this merger, the Governor, the
23 Secretary of Public Welfare and the Secretary of Health shall
24 work together to develop an organizational structure for the
25 Department of Health and Human Services capable of fulfilling
26 all the duties and responsibilities required of the
27 Department of Health and Human Services after the effective
28 date of this act. After a period of three months has elapsed
29 from the enactment of this act, the Governor or his designee
30 shall report to the General Assembly his plan for the
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1 organization of the Department of Health and Human Services.
2 The General Assembly shall then have until the effective date
3 of this act to approve the plan for implementation by the
4 Governor.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 201 of the act of April 9, 1929 (P.L.177,
8 No.175), known as The Administrative Code of 1929, amended
9 December 30, 1984 (P.L.1299, No.245) and repealed in part May
10 26, 1988 (P.L.414, No.72), is amended to read:
11 Section 201. Executive Officers, Administrative Departments
12 and Independent Administrative Boards and Commissions.--(a) The
13 executive and administrative work of this Commonwealth shall be
14 performed by the Executive Department, consisting of the
15 Governor, Lieutenant Governor, Secretary of the Commonwealth,
16 Attorney General, Auditor General, State Treasurer, and
17 Secretary of Education; by the Executive Board, and the
18 Pennsylvania State Police; by the following administrative
19 departments: Department of State, Office of Attorney General,
20 Department of Corrections, Department of the Auditor General,
21 Treasury Department, Department of Education, Department of
22 Military Affairs, Insurance Department, Department of Banking,
23 Department of Agriculture, Department of Transportation,
24 [Department of Health,] Department of Health and Human Services,
25 Office of the Physician General, Department of Labor and
26 Industry, Department of Aging, [Department of Public Welfare,]
27 Department of General Services, Department of Revenue,
28 [Department of Commerce, Department of Community Affairs and
29 Department of Environmental Resources] Department of Community
30 and Economic Development, Department of Environmental Protection
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1 and Department of Conservation and Natural Resources; and by the
2 following independent administrative boards and commissions:
3 Pennsylvania Game Commission, Pennsylvania Fish Commission,
4 State Civil Service Commission, Pennsylvania Public Utility
5 Commission and the Pennsylvania Securities Commission.
6 (b) All of the provisions of this act, which apply generally
7 to administrative departments, or generally except to the
8 Department of the Auditor General, the Treasury Department and
9 the Office of Attorney General, shall apply to the Executive
10 Board and to the Pennsylvania State Police.
11 Section 2. As much as relates to the Department of Health
12 and the Department of Public Welfare in section 202 of the act,
13 amended July 20, 1974 (P.L.549, No.189) and July 9, 1986
14 (P.L.547, No.97), are amended to read:
15 Section 202. Departmental Administrative Boards,
16 Commissions, and Offices.--The following boards, commissions,
17 and offices are hereby placed and made departmental
18 administrative boards, commissions, or offices, as the case may
19 be, in the respective administrative departments mentioned in
20 the preceding section, as follows:
21 * * *
22 [In the Department of Health,]
23 * * *
24 In the Department of [Public Welfare] Health and Human
25 Services, Board of Trustees of The Western Youth
26 Development
27 Centers, Board of Trustees of The Central Youth
28 Development
29 Centers, Board of Trustees of The Eastern Youth
30 Development
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1 Centers, Board of Trustees of Allentown State
2 Hospital,
3 Board of Trustees of Clarks Summit State Hospital, Board
4 of Trustees of Danville State Hospital,
5 Board of Trustees of Embreeville Center, Board of
6 Trustees of Farview State Hospital,
7 Board of Trustees of Harrisburg State Hospital, Board of
8 Trustees of Mayview State Hospital,
9 Board of Trustees of Norristown State Hospital, Board of
10 Trustees of Philadelphia State Hospital,
11 Board of Trustees of Somerset State Hospital, Board of
12 Trustees of Warren State Hospital,
13 Board of Trustees of Wernersville State Hospital, Board
14 of Trustees of Woodville State Hospital,
15 Board of Trustees of Torrance State Hospital, Board of
16 Trustees of Haverford State Hospital,
17 Board of Trustees of Ashland State General Hospital,
18 Board of Trustees of Coaldale State General Hospital,
19 Board of Trustees of Nanticoke State General Hospital,
20 Board of Trustees of Philipsburg State General Hospital,
21 Board of Trustees of Scranton State General Hospital,
22 Board of Trustees of Shamokin State General Hospital,
23 Board of Trustees of Ebensburg Center, Board of Trustees
24 of Eastern State School and Hospital,
25 Board of Trustees of Laurelton Center, Board of Trustees
26 of Pennhurst Center,
27 Board of Trustees of Polk Center, Board of Trustees of
28 Selinsgrove Center,
29 Board of Trustees of Hamburg Center, Board of Trustees of
30 Western Center,
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1 Board of Trustees of White Haven Center, Board of
2 Trustees of Woodhaven Center,
3 Board of Trustees of South Mountain Restoration Center.
4 * * *
5 Section 3. Section 203 of the act, amended December 3, 1970
6 (P.L.834, No.275), July 22, 1975 (P.L.75, No.45), June 20, 1978
7 (P.L.477, No.70), December 6, 1982 (P.L.774, No.223), June 30,
8 1988 (P.L.475, No.80) and repealed in part April 29, 1988
9 (P.L.381, No.60) and July 2, 1993 (P.L.439, No.64), is amended
10 to read:
11 Section 203. Advisory Boards and Commissions.--The following
12 advisory boards and commissions are placed in and made parts of
13 the respective administrative departments, as follows:
14 In the Department of Military Affairs,
15 State Military Reservation Commission,
16 In the Department of Environmental [Resources] Protection,
17 Citizens Advisory Council;
18 [In the Department of Health,
19 Advisory Health Board;]
20 In the Department of Labor and Industry,
21 Advisory Council on Affairs of the Handicapped,
22 Advisory Board on Problems of Older Workers,
23 Policy, Planning and Evaluation Advisory Committee;
24 [In the Department of Public Welfare,
25 State Board of Public Welfare,
26 Advisory Committee for the Blind,
27 Advisory Committee for General and Special Hospitals,
28 Advisory Committee for Children and Youth,
29 Advisory Committee for Public Assistance,
30 Advisory Committee for Mental Health and Mental
19970H1420B1678 - 6 -
1 Retardation.]
2 In the Department of Health and Human Services,
3 State Board of Human Services
4 Advisory Committee for the Blind,
5 Advisory Committee for General and Special Hospitals,
6 Advisory Committee for Children and Youth,
7 Advisory Committee for Public Assistance,
8 Advisory Committee for Mental Health and Mental
9 Retardation.
10 Section 4. Section 206 of the act, amended December 30, 1984
11 (P.L.1299, No.245), is amended to read:
12 Section 206. Department Heads.--Each administrative
13 department shall have as its head an officer who shall, either
14 personally, by deputy, or by the duly authorized agent or
15 employe of the department, and subject at all times to the
16 provisions of this act, exercise the powers and perform the
17 duties by law vested in and imposed upon the department.
18 The following officers shall be the heads of the
19 administrative departments following their respective titles:
20 Secretary of the Commonwealth, of the Department of State;
21 Auditor General, of the Department of the Auditor General;
22 State Treasurer, of the Treasury Department;
23 Attorney General, of the Office of Attorney General;
24 Secretary of Education, of the Department of Education;
25 Adjutant General, of the Department of Military Affairs;
26 Insurance Commissioner, of the Insurance Department;
27 Secretary of Banking, of the Department of Banking;
28 Secretary of Agriculture, of the Department of Agriculture;
29 Secretary of Transportation, of the Department of
30 Transportation;
19970H1420B1678 - 7 -
1 [Secretary of Health, of the Department of Health;]
2 Secretary of Health and Human Services, of the Department
3 of Health and Human Services;
4 Physician General, of the Office of the Physician General;
5 Secretary of Labor and Industry, of the Department of Labor
6 and Industry;
7 Secretary of Aging, of the Department of Aging;
8 [Secretary of Public Welfare, of the Department of Public
9 Welfare;]
10 Secretary of Revenue, of the Department of Revenue;
11 [Secretary of Commerce, of the Department of Commerce;
12 Secretary of Community Affairs, of the Department of
13 Community Affairs;
14 Secretary of Environmental Resources, of the Department of
15 Environmental Resources;]
16 Secretary of Community and Economic Development, of the
17 Department of Community and Economic Development;
18 Secretary of Environmental Protection, of the Department of
19 Environmental Protection;
20 Secretary of Conservation and Natural Resources, of the
21 Department of Conservation and Natural Resources;
22 Secretary of General Services, of the Department of General
23 Services;
24 Secretary of Corrections, of the Department of Corrections.
25 Section 5. Section 207.1(d)(1) and (4) of the act, amended
26 February 17, 1984 (P.L.75, No.14) and December 30, 1984
27 (P.L.1299, No.245), are amended to read:
28 Section 207.1. Gubernatorial Appointments.--* * *
29 (d) The Governor shall nominate in accordance with the
30 provisions of the Constitution of the Commonwealth of
19970H1420B1678 - 8 -
1 Pennsylvania and, by and with the advice and consent of a
2 majority of the members elected to the Senate appoint persons to
3 fill the following positions:
4 (1) The Secretary of Education, the Secretary of the
5 Commonwealth, the Adjutant General, the Insurance Commissioner,
6 the Secretary of Banking, the Secretary of Agriculture, the
7 Secretary of Transportation, [the Secretary of Health,] the
8 Secretary of Health and Human Services, the Physician General,
9 the Commissioner of the State Police, the Secretary of
10 Corrections, the Secretary of Labor and Industry, the Secretary
11 of Aging, [the Secretary of Public Welfare,] the Secretary of
12 General Services, the Secretary of Revenue, the [Secretary of
13 Commerce, the Secretary of Community Affairs and the Secretary
14 of Environmental Resources] Secretary of Community and Economic
15 Development, the Secretary of Environmental Protection and the
16 Secretary of Conservation and Natural Resources.
17 * * *
18 (4) Those members which he is authorized to appoint to the
19 Delaware Valley Regional Planning Commission, the Pennsylvania
20 Public Television Network Commission, the State Council of Civil
21 Defense, the State Farm Products Commission, the Pennsylvania
22 Housing Finance Agency, the Board of Trustees of each State
23 College and University, the Board of Trustees of Scotland School
24 for Veterans' Children, the Board of Trustees of Thaddeus
25 Stevens State School of Technology, the State Conservation
26 Commission, the Commonwealth of Pennsylvania Council on the
27 Arts, the State Planning Board, the Pennsylvania Drug, Device
28 and Cosmetic Board, the County Board of Assistance in each
29 county, the State Board of [Public Welfare] Human Services, the
30 Boards of Trustees of Centers, the Board of Trustees of each
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1 Restoration Center, the Board of Trustees of each State General
2 Hospital, the Board of Trustees of each State School and
3 Hospital, the Board of Trustees of each State Hospital, the
4 State Dental Council and Examining Board, the State Real Estate
5 Commission, the State Registration Board for Professional
6 Engineers, the State Boards of Examiners of Architects,
7 Auctioneers, Nursing Home Administrators and Public Accountants,
8 the State Boards of Barber Examiners, Chiropractic Examiners,
9 Cosmetology, Funeral Directors, Medical Education and Licensure,
10 Nurse Examiners, Optometrical Examiners, Osteopathic Examiners,
11 Pharmacy, Physical Therapy Examiners, Podiatry Examiners,
12 Veterinary Medical Examiners, Landscape Architects and Motor
13 Vehicle Manufacturers, Dealers and Salesmen, the Pennsylvania
14 Board of Psychologist Examiners, the State Athletic Commission,
15 the Hazardous Substance Transportation Board, the Pennsylvania
16 Higher Education Assistance Agency, the Pennsylvania Historical
17 and Museum Commission, the State Tax Equalization Board, the
18 Public School Employees' Retirement Board, the State Employees'
19 Retirement Board, the Municipal Police Officers' Education and
20 Training Commission, the Pennsylvania Nursing Home Loan Agency,
21 the Crime Victims Compensation Board, the Consumer Advocate, and
22 the Pennsylvania Minority Business Development Authority.
23 * * *
24 Section 6. Section 448(f), (k) and (l) of the act, amended
25 or added December 21, 1959 (P.L.1944, No.709), January 13, 1966
26 (1965 P.L.1300, No.517), July 9, 1970 (P.L.470, No.161) and June
27 20, 1978 (P.L.477, No.70), are amended to read:
28 Section 448. Advisory Boards and Commissions.--The advisory
29 boards and commissions, within the several administrative
30 departments, shall be constituted as follows:
19970H1420B1678 - 10 -
1 * * *
2 [(f) The Advisory Health Board shall consist of the
3 Secretary of Health, or in his place his duly authorized deputy,
4 and twelve members, five of whom shall be physicians licensed to
5 practice medicine or osteopathy in Pennsylvania, one a dentist
6 licensed to practice dentistry in Pennsylvania, one a pharmacist
7 registered with the State Board of Pharmacy, one a registered
8 nurse licensed by the State Board of Nurse Examiners, and one an
9 engineer registered with the State Registration Board for
10 Professional Engineers who is experienced in sanitary
11 engineering. The Secretary of Health, or in his place his duly
12 authorized deputy, shall be chairman of the board.
13 The term of office of each appointed member of the board
14 shall be four years, measured from the third Tuesday of January
15 of the year in which he takes office, or until his successor has
16 been appointed and has qualified; except that in the initial
17 appointment of the members of the board, one member shall be
18 appointed for a term of one year, three members for a term of
19 two years, three members for a term of three years, and three
20 members for a term of four years.
21 Six members of the board, together with the Secretary of
22 Health, or in his place his duly authorized deputy, shall
23 constitute a quorum.
24 Each appointed member of the board shall receive actual
25 traveling expenses and per diem compensation at the rate of
26 $25.00 a day for time actually devoted to the business of the
27 board.]
28 (k) The State Board of [Public Welfare] Human Services is
29 hereby created. The board shall consist of the Secretary of
30 [Public Welfare] Health and Human Services, ex officio, and
19970H1420B1678 - 11 -
1 sixteen (16) members appointed by the Governor. Four (4) members
2 shall be appointed from among the members of the General
3 Assembly, two (2) from the Senate and two (2) from the House of
4 Representatives. These members of the board shall, with respect
5 to each branch of the General Assembly, be from different
6 political parties, and they shall, in no event, retain
7 membership on the board after they cease to be members of the
8 branch of the Legislature from which they were appointed. One
9 (1) member shall be appointed by the Governor from each of the
10 six (6) advisory committees created by clause (l) of this
11 section, and the first member of each advisory committee
12 appointed by the Governor shall automatically become a member of
13 the board. The term of office of each member of the board,
14 except as herein otherwise provided, shall be six (6) years.
15 In the original appointment of the members of the board, six
16 (6) members shall be appointed for the term of six (6) years,
17 five (5) members for the term of four (4) years, and five (5)
18 members for the term of two (2) years. Any vacancy occurring in
19 the membership of the board shall be filled by the Governor only
20 for the unexpired term. The Governor may remove any member of
21 the board at any time. No member of the board shall serve more
22 than two (2) consecutive terms not including a vacancy
23 appointment, nor shall any member hold office in any political
24 party.
25 Nine (9) members of the board shall constitute a quorum. A
26 chairman who shall not be a member of an advisory committee
27 shall be elected by the board, annually, from among its members.
28 Members of the board shall serve without compensation other than
29 reimbursement of travel and other actual expenses incurred in
30 the performance of their duties. The board shall meet at least
19970H1420B1678 - 12 -
1 six (6) times a year. Special meetings of the board shall be
2 held on call of the chairman or the Secretary of [Public
3 Welfare] Health and Human Services, and it shall be the duty of
4 the chairman to call a special meeting upon the written request
5 of one-third (1/3) or more members, not including vacancies, of
6 the board.
7 (l) The following advisory committees are hereby created:
8 Advisory Committee for the Blind,
9 Advisory Committee for General and Special Hospitals,
10 Advisory Committee for Children and Youth,
11 Advisory Committee for Public Assistance,
12 Advisory Committee for Mental Health and Mental Retardation.
13 Each advisory committee shall consist of the Commissioner in
14 the Department of [Public Welfare] Health and Human Services,
15 directing the program to which the advisory committee is
16 attached, as an ex officio member, and not less than three (3)
17 nor more than nine (9) members appointed by the Governor. In the
18 case of the Advisory Committee for Mental Health and Mental
19 Retardation, the committee shall include the Chairman of the
20 Public Health and [Welfare] Human Services Committee of the
21 Senate, the Chairman of the Health and [Welfare] Human Services
22 Committee of the House of Representatives and the President of
23 the Pennsylvania State Association of County Commissioners or
24 his alternate. The exact number of members of each advisory
25 committee shall be determined by the Governor upon
26 recommendation of the State Board of [Public Welfare] Human
27 Services. The qualifications of the members of each advisory
28 committee shall also be determined by the Governor upon
29 recommendation of the State Board of [Public Welfare] Human
30 Services: Provided, That with respect to each advisory
19970H1420B1678 - 13 -
1 committee, the Governor shall appoint members with due regard
2 for representation of the professional and lay groups concerned
3 with the fields of interest served by the program to which each
4 advisory committee is attached. The term of office of each
5 member of each advisory committee, except as herein otherwise
6 provided, shall be six (6) years.
7 The original appointment of the members of the advisory
8 committee shall be for overlapping terms of six (6), four (4)
9 and two (2) years. In making these original appointments, the
10 Governor shall, in so far as possible, appoint approximately
11 one-third (1/3) of the recommended complement of each advisory
12 board to each of the overlapping terms.
13 A majority of the members of each advisory committee shall
14 constitute a quorum. Each advisory committee shall elect a
15 chairman from among its members. Each advisory committee shall
16 meet at least four (4) times a year. Special meetings of each
17 advisory committee shall be held on call of the chairman, and it
18 shall be the duty of the chairman to call a special meeting upon
19 the written request of one-third (1/3) or more of the members
20 not including vacancies of the advisory committee.
21 The provisions of clause (k) of this section with respect to
22 filling of vacancies, removal of members, length of service,
23 political party office and compensation shall be applicable to
24 advisory committee members, and are incorporated herein by
25 reference.
26 * * *
27 Section 7. Section 451(b) of the act, amended July 7, 1989
28 (P.L.241, No.42), is amended to read:
29 Section 451. State Planning Board.--* * *
30 (b) (1) The State Planning Board shall consist of fifteen
19970H1420B1678 - 14 -
1 members to be appointed by the Governor from among the citizens
2 of the State, who during their terms shall hold no other office
3 in the executive branch of State Government to which any salary
4 is attached. In addition to these members, there shall be six ex
5 officio members, the Secretary of Agriculture, the [Secretary of
6 Commerce, the Secretary of Community Affairs, the Secretary of
7 Environmental Resources] Secretary of Community and Economic
8 Development, the Secretary of Environmental Protection, the
9 Secretary of Conservation and Natural Resources, the Secretary
10 of [Public Welfare] Health and Human Services and the Secretary
11 of Transportation. There shall also be two members appointed by,
12 and serve at the pleasure of, the President pro tempore of the
13 Senate, neither of whom shall be members of the same political
14 party, and two members appointed by, and serve at the pleasure
15 of, the Speaker of the House of Representatives, neither of whom
16 shall be members of the same political party. The terms of
17 office of those members appointed by the Governor shall be for
18 four years and until their successors are appointed and have
19 qualified. In case of a vacancy, the Governor shall make an
20 appointment for the unexpired portion of the term. The Governor
21 shall designate the chairman and vice-chairman of the board from
22 among the members of the board, other than the ex officio and
23 legislative members.
24 (2) Thirteen members of the board shall constitute a quorum.
25 (3) The members of the board shall serve without
26 compensation but shall be entitled to receive traveling and
27 other reasonable expenses incurred in the discharge of their
28 duties.
29 (4) The board may, with the approval of the Governor,
30 appoint and fix the compensation of an executive director who
19970H1420B1678 - 15 -
1 shall be technically qualified for the duties of the office and
2 who shall act as secretary of the board and conduct the work of
3 the board under its supervision.
4 * * *
5 Section 8. Section 609-A of the act, amended or added July
6 1, 1981 (P.L.143, No.48) and July 1, 1990 (P.L.277, No.67), is
7 amended to read:
8 Section 609-A. Department of Health and Human Services.--The
9 Department of Health and Human Services is authorized to charge
10 fees for the following purposes and in the following amounts:
11 (1) Permit for operation of clinical laboratory $100.00
12 (2) Provisional approval issued to nursing
13 homes:
14 (i) Provisional license:
15 (A) First provisional................ 100.00
16 Each approved nursing home bed. 2.00
17 (B) Second provisional............... 200.00
18 Each approved nursing home bed. 2.00
19 (C) Third provisional................ 300.00
20 Each approved nursing home bed. 2.00
21 (D) Fourth provisional............... 400.00
22 Each approved nursing home bed. 2.00
23 (3) Miniature certificate of birth........... 5.00
24 (4) Nursing homes:
25 (i) Regular license...................... 100.00
26 Each inpatient bed.................... 2.00
27 (ii) Renewal of regular license.......... 100.00
28 Each inpatient bed.................... 2.00
29 (5) Home health care agency:
30 (i) License.............................. 200.00
19970H1420B1678 - 16 -
1 Section 9. Section 1209(b) of the act, amended February 1,
2 1966 (1965 P.L.1849, No.582), is amended to read:
3 Section 1209. Local Government Budget and Financial Reports;
4 Compilation of Statistics.--The Department of Community
5 [Affairs] and Economic Development shall have power and its duty
6 shall be:
7 * * *
8 (b) To furnish to the corporate authorities of each county
9 (except counties of the first class), city of the third class,
10 borough, incorporated town, township suitable blank forms for
11 the making of annual reports of the financial condition of their
12 respective local governments to the department, which forms for
13 financial report purposes shall be placed by said corporate
14 authorities into the hands of the director, controller or
15 auditors who by law are required to make such financial reports
16 to the department. Such annual financial reports shall be
17 prepared in cooperation with aforesaid duly authorized
18 committees of local government officials and shall contain: (1)
19 a statement of the receipts of the unit of local government from
20 all sources and of all accounts and revenue which may be due and
21 uncollected at the close of the fiscal year; (2) a statement of
22 the disbursements for all the governmental activities of the
23 unit of local government during the fiscal year; (3) a detailed
24 statement of the indebtedness of the unit of local government at
25 the close of the fiscal year, the provisions made for the
26 payment thereof, together with the purposes for which it was
27 incurred; (4) a statement of the cost of ownership and operation
28 of each and every public service industry owned, maintained or
29 operated by the unit of local government; (5) such further or
30 more specific information in relation to the cost of any branch
19970H1420B1678 - 17 -
1 of the local government and improvements therein as may be
2 required by the department.
3 In the case of blank forms for financial reports by townships
4 of the second class and counties, the same shall be so arranged
5 that corresponding data and information, required to be reported
6 by said units of local government to the Department of
7 [Highways] Transportation or the Department of [Public Welfare]
8 Health and Human Services, may be used for the information
9 required to be furnished to the Department of Community
10 [Affairs] and Economic Development under this section.
11 * * *
12 Section 10. Article XXI of the act is repealed.
13 Section 11. The act is amended by adding an article to read:
14 ARTICLE XXI-A
15 POWERS AND DUTIES OF THE OFFICE OF
16 THE PHYSICIAN GENERAL AND ITS DEPARTMENTAL,
17 ADMINISTRATIVE AND ADVISORY BOARDS AND
18 COMMISSIONS
19 Section 2101-A. Establishment of the Office of the Physician
20 General.--There is hereby created the cabinet position of the
21 Office of the Physician General of the Commonwealth which shall
22 be under the control and direction of the Physician General.
23 There shall be in the Office of the Physician General a
24 Physician General of the Commonwealth, who shall exercise the
25 powers and perform the duties set forth in this article.
26 Section 2102-A. Personnel.--(a) The Physician General shall
27 appoint and fix the compensation of employes as are required to
28 assist in carrying out the duties of the Physician General.
29 (b) The Physician General may appoint advisory task forces
30 as the Physician General deems necessary to carry out the duties
19970H1420B1678 - 18 -
1 and responsibilities of the Physician General under this
2 article. The Physician General or the Physician General's
3 designee shall serve as chairman of each task force. When
4 actually engaged in official meetings or otherwise in the
5 performance of the member's official duties as directed by the
6 Physician General, each member of a task force shall receive
7 reimbursement for expenses incurred.
8 Section 2103-A. Ethics Law.--The Physician General shall be
9 subject to the act of October 4, 1978 (P.L.883, No.170),
10 referred to as the Public Official and Employee Ethics Law.
11 Section 2104-A. Powers and Duties of the Physician
12 General.--The Physician General shall:
13 (1) advise the Governor on health care services provided or
14 regulated by the departments, including provision of benefits,
15 prevention, early intervention and wellness;
16 (2) advise the Governor on better coordination of health
17 care services provided or regulated by the departments;
18 (3) implement appropriate health care initiatives as
19 requested by the Governor, the General Assembly or the
20 departments; and
21 (4) sponsor and administer programs for the development of
22 health care resources and identify Federal and private funding
23 sources, grants and other resources for health care services and
24 programs.
25 Section 2105-A. Attendance of Meetings.--The Physician
26 General or his designee shall be a voting member of the State
27 Board of Medicine and the State Board of Osteopathic Medicine.
28 The Physician General or his designee shall attend such meeting
29 of other boards, commissions and councils considering matters
30 affecting health care as he deems appropriate.
19970H1420B1678 - 19 -
1 Section 12. Section 2203-A(a)(11), (17.2), (24), (24.1) and
2 (26) of the act, amended December 15, 1988 (P.L.1244, No.153),
3 are amended to read:
4 Section 2203-A. Powers and Duties in General.--(a) The
5 Department of Aging hereinafter referred to in this article as
6 the department shall, subject to any inconsistent provisions in
7 this act contained, have the power and its duty shall be to:
8 * * *
9 (11) Promote and support programs, studies and policies, in
10 cooperation with the Departments of Labor and Industry,
11 Education, [Commerce] Community and Economic Development,
12 [Public Welfare] Health and Human Services and other agencies,
13 which will enhance the opportunity for continued work, education
14 and training for older persons and for preretirement assistance
15 where appropriate.
16 * * *
17 (17.2) In cooperation with the Department of Health [and the
18 Department of Public Welfare] and Human Services:
19 (i) Develop and administer a system of preadmission
20 assessment for persons who are at risk of needing institutional
21 care, if the Governor finds such a system cost effective.
22 (ii) Develop and administer a system of managed community-
23 based long-term care for persons who are assessed as being
24 clinically eligible for nursing home care and who can be cared
25 for within cost-of-care guidelines established by the
26 department, if the Governor finds such a system cost effective.
27 * * *
28 (24) Conduct, in cooperation with the Department of Health
29 [and the Department of Public Welfare] and Human Services,
30 periodic studies and evaluations pertaining to the quality of
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1 care and related services for consumers of long-term care
2 services and report such findings to the General Assembly.
3 (24.1) Conduct, in cooperation with the Department of Health
4 and Human Services, an ongoing Statewide prescription drug
5 education program designed to inform older adults of the dangers
6 of prescription drug abuse and misuse.
7 * * *
8 (26) Review and comment on all rules, regulations,
9 eligibility or payment standards issued by the Departments of
10 [Public Welfare] Health and Human Services, Environmental
11 [Resources, Health] Protection or Labor and Industry relating to
12 the licensure and regulation of nursing homes, hospitals, and
13 other health facilities; medical assistance, supplemental
14 security income; homemaking and home-health care or residential
15 care facilities for older adults. Said rules, regulations and
16 standards shall not take effect until they have been submitted
17 to the department for comment.
18 * * *
19 Section 13. Article XXIII of the act is repealed.
20 Section 14. The act is amended by adding an article to read:
21 ARTICLE XXIII-A
22 POWERS AND DUTIES OF THE DEPARTMENT OF HEALTH
23 AND HUMAN SERVICES
24 Section 2301-A. Powers and Duties.--The Department of Health
25 and Human Services shall have the power, and its duty shall be:
26 (1) To protect the health of the people of this
27 Commonwealth, and to determine and employ the most efficient and
28 practical means for the prevention and suppression of disease.
29 (2) To enable needy people to maintain a decent and
30 healthful standard of living for themselves and their dependents
19970H1420B1678 - 21 -
1 in a way that promotes self-respect, rehabilitation, and self-
2 dependency, and to determine and employ the most efficient,
3 cost-effective, and practical means to provide assistance and
4 services to the needy.
5 Section 2302-A. Exercise of Powers Vested upon Former
6 Department of Health and Department of Public Welfare.--The
7 Department of Health and Human Services shall, subject to any
8 inconsistent provisions contained in this act, exercise the
9 powers by law vested in and imposed upon the former Department
10 of Health and the former Department of Public Welfare, except in
11 any cases where the Office of the Physician General shall assume
12 the duties and the responsibilities of the Department of Health.
13 Section 15. Section 2409.1(b) of the act, amended July 1,
14 1981 (P.L.143, No.48), is amended to read:
15 Section 2409.1. Handicapped-Made Products and Services.--* *
16 *
17 (b) The Secretary of General Services shall have the power,
18 and it shall be his duty, to determine the fair market price on
19 any product or service, the practice of which is not licensed
20 under the laws of this Commonwealth, which handicapped persons
21 can manufacture or perform and which has been offered for sale
22 to the Commonwealth or any of its agencies by any charitable
23 nonprofit-making agency for the handicapped, incorporated under
24 the laws of this Commonwealth, and manufacturing merchandise
25 within this Commonwealth and providing services within this
26 Commonwealth, and approved for such purpose by the Department of
27 General Services, to revise such prices from time to time, in
28 accordance with changing market conditions, and to make such
29 rules and regulations regarding specifications, time of delivery
30 and other relevant matters as are necessary to carry out the
19970H1420B1678 - 22 -
1 provisions of this section. At the request of the Secretary of
2 General Services and with the approval of the Secretary of
3 [Public Welfare] Health and Human Services, the Department of
4 [Public Welfare] Health and Human Services or other nonprofit-
5 making agency shall facilitate the distribution of orders and
6 services among agencies for the handicapped.
7 * * *
8 Section 16. Section 2418 of the act, added December 11, 1986
9 (P.L.1485, No.153), is amended to read:
10 Section 2418. Lease of Eastern Pennsylvania Psychiatric
11 Institute.--The Department of General Services, with the
12 approval of the Governor and the Department of [Public Welfare]
13 Health and Human Services, is authorized to lease or sublease,
14 for the rental of one dollar ($1) per annum, all of the land and
15 buildings in the city and county of Philadelphia known as the
16 Eastern Pennsylvania Psychiatric Institute, and all
17 improvements, fixtures, equipment and furnishings located there,
18 to The Medical College of Pennsylvania upon such terms and
19 conditions as The Medical College of Pennsylvania and the
20 Department of [Public Welfare] Health and Human Services shall
21 agree. The provisions of section 2402(i) shall not apply to a
22 lease entered into pursuant to this section.
23 Section 17. All personnel, allocation, appropriations,
24 equipment, files, records, contracts, agreements, obligations
25 and other material which are used, employed or expended in
26 connection with the powers, duties or functions of the
27 Department of Health and the Department of Public Welfare are
28 hereby transferred to the Department of Health and Human
29 Services established by this act with the same force and effect
30 as if the appropriations had been made to and said items had
19970H1420B1678 - 23 -
1 been the property of the Department of Health and Human Services
2 in the first instance, and as if said contracts, agreements and
3 obligations had been incurred or entered into by the Department
4 of Health and Human Services. The personnel, appropriations,
5 equipment and other items and material transferred by this
6 section shall include Federal grants and funds and other
7 benefits from any Federal program.
8 Section 18. (a) The following are transferred to the
9 Department of Health and Human Services:
10 (1) All bureaus, divisions and government units, or
11 portions thereof, in the Department of Public Welfare
12 responsible for the functions enumerated in Article XXIII.
13 (2) All bureaus, divisions and government units, or
14 portions thereof, in the Department of Health responsible for
15 the functions enumerated in Article XXI.
16 (b) All personnel, allocations, appropriations, equipment,
17 files, records, contracts, agreements, obligations and other
18 materials which are used, employed or expended in connection
19 with the powers, duties or functions transferred by this act to
20 the Department of Health and Human Services are hereby
21 transferred to the Department of Health and Human Services with
22 the same force and effect as if the appropriations had been made
23 to and said items had been the property of the Department of
24 Health and Human Services in the first instance and as if said
25 contracts, agreements and obligations had been incurred or
26 entered into by said Department of Health and Human Services.
27 (c) The personnel, appropriations, equipment and other items
28 and material transferred by this section shall include an
29 appropriate portion of the general administrative, overhead and
30 supporting personnel, appropriations, equipment and other
19970H1420B1678 - 24 -
1 material of the agency and shall also include, where applicable,
2 Federal grants and funds and other benefits from any Federal
3 program.
4 (d) All personnel transferred pursuant to this act shall
5 retain any civil service employment status assigned to said
6 personnel.
7 Section 19. All positions in the Department of Health and
8 Human Services shall be deemed to be "classified service" as
9 defined in section 3(d) of the act of August 5, 1941 (P.L.752,
10 No.286), known as the Civil Service Act, and the provisions and
11 benefits of that act shall be applicable to the employees of,
12 and positions in, the department.
13 Section 20. Whenever the Secretary of Health or the
14 Secretary of Public Welfare shall be entitled by law to serve on
15 a board, commission or other body relating to any matter within
16 the jurisdiction of the department, the Secretary of Health and
17 Human Services shall serve in his place as if the Secretary of
18 Health and Human Services had been designated to serve in the
19 first instance.
20 Section 21. All orders, permits, regulations, decisions and
21 other actions of the Department of Health or the Department of
22 Public Welfare or any department, board, commission or agency
23 whose functions have been transferred by this act to the
24 Department of Health and Human Services shall remain in full
25 force and effect until modified, repealed, superseded or
26 otherwise changed by appropriate action of the Department of
27 Health and Human Services.
28 Section 22. All orders, permits, regulations, decisions and
29 other actions of the Department of Health and Human Services or
30 any department, board, commission or agency whose functions have
19970H1420B1678 - 25 -
1 been transferred by this act to the Department of Health and
2 Human Services shall remain in full force and effect until
3 modified, repealed, superseded or otherwise changed by
4 appropriate action of the Department of Health and Human
5 Services.
6 Section 23. All acts and parts of acts are repealed insofar
7 as they are inconsistent with this act.
8 Section 24. This act shall take effect in 180 days.
B3L71JRW/19970H1420B1678 - 26 -