PRINTER'S NO. 977
No. 875 Session of 1999
INTRODUCED BY GREENLEAF, WAUGH AND O'PAKE, APRIL 28, 1999
REFERRED TO STATE GOVERNMENT, APRIL 28, 1999
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 of the Commonwealth of Pennsylvania
28 hereby enacts as follows:
29 Section 1. Section 201 of the act of April 9, 1929 (P.L.177,
1 No.175), known as The Administrative Code of 1929, amended
2 December 30, 1984 (P.L.1299, No.245) and repealed in part May
3 26, 1988 (P.L.414, No.72), is amended to read:
4 Section 201. Executive Officers, Administrative Departments
5 and Independent Administrative Boards and Commissions.--(a) The
6 executive and administrative work of this Commonwealth shall be
7 performed by the Executive Department, consisting of the
8 Governor, Lieutenant Governor, Secretary of the Commonwealth,
9 Attorney General, Auditor General, State Treasurer, and
10 Secretary of Education; by the Executive Board, and the
11 Pennsylvania State Police; by the following administrative
12 departments: Department of State, Office of Attorney General,
13 Department of Corrections, Department of the Auditor General,
14 Treasury Department, Department of Education, Department of
15 Military Affairs, Insurance Department, Department of Banking,
16 Department of Agriculture, Department of Transportation,
17 [Department of Health,] Department of Health and Human Services,
18 Office of the Physician General, Department of Labor and
19 Industry, Department of Aging, [Department of Public Welfare,]
20 Department of General Services, Department of Revenue,
21 [Department of Commerce, Department of Community Affairs and
22 Department of Environmental Resources] Department of Community
23 and Economic Development, Department of Environmental Protection
24 and Department of Conservation and Natural Resources; and by the
25 following independent administrative boards and commissions:
26 Pennsylvania Game Commission, Pennsylvania Fish and Boat
27 Commission, State Civil Service Commission, Pennsylvania Public
28 Utility Commission and the Pennsylvania Securities Commission.
29 (b) All of the provisions of this act, which apply generally
30 to administrative departments, or generally except to the
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1 Department of the Auditor General, the Treasury Department and
2 the Office of Attorney General, shall apply to the Executive
3 Board and to the Pennsylvania State Police.
4 Section 2. As much as relates to the Department of Health
5 and the Department of Public Welfare in section 202 of the act,
6 amended July 20, 1974 (P.L.549, No.189) and July 9, 1986
7 (P.L.547, No.97), are amended to read:
8 Section 202. Departmental Administrative Boards,
9 Commissions, and Offices.--The following boards, commissions,
10 and offices are hereby placed and made departmental
11 administrative boards, commissions, or offices, as the case may
12 be, in the respective administrative departments mentioned in
13 the preceding section, as follows:
14 * * *
15 [In the Department of Health,]
16 * * *
17 [In the Department of Public Welfare,]
18 In the Department of Health and Human Services,
19 Board of Trustees of The Western Youth Development
20 Centers,
21 Board of Trustees of The Central Youth Development
22 Centers,
23 Board of Trustees of The Eastern Youth Development
24 Centers,
25 Board of Trustees of Allentown State Hospital,
26 Board of Trustees of Clarks Summit State Hospital,
27 Board of Trustees of Danville State Hospital,
28 Board of Trustees of Embreeville Center,
29 Board of Trustees of Farview State Hospital,
30 Board of Trustees of Harrisburg State Hospital,
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1 Board of Trustees of Mayview State Hospital,
2 Board of Trustees of Norristown State Hospital,
3 Board of Trustees of Philadelphia State Hospital,
4 Board of Trustees of Somerset State Hospital,
5 Board of Trustees of Warren State Hospital,
6 Board of Trustees of Wernersville State Hospital,
7 Board of Trustees of Woodville State Hospital,
8 Board of Trustees of Torrance State Hospital,
9 Board of Trustees of Haverford State Hospital,
10 Board of Trustees of Ashland State General Hospital,
11 Board of Trustees of Coaldale State General Hospital,
12 Board of Trustees of Nanticoke State General Hospital,
13 Board of Trustees of Philipsburg State General Hospital,
14 Board of Trustees of Scranton State General Hospital,
15 Board of Trustees of Shamokin State General Hospital,
16 Board of Trustees of Ebensburg Center,
17 Board of Trustees of Eastern State School and Hospital,
18 Board of Trustees of Laurelton Center,
19 Board of Trustees of Pennhurst Center,
20 Board of Trustees of Polk Center,
21 Board of Trustees of Selinsgrove Center,
22 Board of Trustees of Hamburg Center,
23 Board of Trustees of Western Center,
24 Board of Trustees of White Haven Center,
25 Board of Trustees of Woodhaven Center,
26 Board of Trustees of South Mountain Restoration Center.
27 * * *
28 Section 3. Section 203 of the act, amended December 3, 1970
29 (P.L.834, No.275), July 22, 1975 (P.L.75, No.45), June 20, 1978
30 (P.L.477, No.70), December 6, 1982 (P.L.774, No.223) and June
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1 30, 1988 (P.L.475, No.80) and repealed in part April 29, 1988
2 (P.L.381, No.60) and July 2, 1993 (P.L.439, No.64), is amended
3 to read:
4 Section 203. Advisory Boards and Commissions.--The following
5 advisory boards and commissions are placed in and made parts of
6 the respective administrative departments, as follows:
7 In the Department of Military Affairs,
8 State Military Reservation Commission,
9 In the Department of Environmental [Resources] Protection,
10 Citizens Advisory Council;
11 [In the Department of Health,
12 Advisory Health Board;]
13 In the Department of Labor and Industry,
14 Advisory Council on Affairs of the Handicapped,
15 Advisory Board on Problems of Older Workers,
16 Policy, Planning and Evaluation Advisory Committee;
17 [In the Department of Public Welfare,
18 State Board of Public Welfare,
19 Advisory Committee for the Blind,
20 Advisory Committee for General and Special Hospitals,
21 Advisory Committee for Children and Youth,
22 Advisory Committee for Public Assistance,
23 Advisory Committee for Mental Health and Mental
24 Retardation.]
25 In the Department of Health and Human Services,
26 State Board of Human Services,
27 Advisory Committee for the Blind,
28 Advisory Committee for General and Special Hospitals,
29 Advisory Committee for Children and Youth,
30 Advisory Committee for Public Assistance,
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1 Advisory Committee for Mental Health and Mental
2 Retardation,
3 Advisory Health Board.
4 Section 4. Section 206 of the act, amended December 30, 1984
5 (P.L.1299, No.245), is amended to read:
6 Section 206. Department Heads.--Each administrative
7 department shall have as its head an officer who shall, either
8 personally, by deputy, or by the duly authorized agent or
9 employe of the department, and subject at all times to the
10 provisions of this act, exercise the powers and perform the
11 duties by law vested in and imposed upon the department.
12 The following officers shall be the heads of the
13 administrative departments following their respective titles:
14 Secretary of the Commonwealth, of the Department of State;
15 Auditor General, of the Department of the Auditor General;
16 State Treasurer, of the Treasury Department;
17 Attorney General, of the Office of Attorney General;
18 Secretary of Education, of the Department of Education;
19 Adjutant General, of the Department of Military Affairs;
20 Insurance Commissioner, of the Insurance Department;
21 Secretary of Banking, of the Department of Banking;
22 Secretary of Agriculture, of the Department of Agriculture;
23 Secretary of Transportation, of the Department of
24 Transportation;
25 [Secretary of Health, of the Department of Health;]
26 Secretary of Health and Human Services, of the Department
27 of Health and Human Services;
28 Physician General, of the Office of the Physician General;
29 Secretary of Labor and Industry, of the Department of Labor
30 and Industry;
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1 Secretary of Aging, of the Department of Aging;
2 [Secretary of Public Welfare, of the Department of Public
3 Welfare;]
4 Secretary of Revenue, of the Department of Revenue;
5 [Secretary of Commerce, of the Department of Commerce;
6 Secretary of Community Affairs, of the Department of
7 Community Affairs;
8 Secretary of Environmental Resources, of the Department of
9 Environmental Resources;]
10 Secretary of Community and Economic Development, of the
11 Department of Community and Economic Development;
12 Secretary of Environmental Protection, of the Department of
13 Environmental Protection;
14 Secretary of Conservation and Natural Resources, of the
15 Department of Conservation and Natural Resources;
16 Secretary of General Services, of the Department of General
17 Services;
18 Secretary of Corrections, of the Department of Corrections.
19 Section 5. Section 207.1(d)(1) and (4) of the act, amended
20 February 17, 1984 (P.L.75, No.14) and December 30, 1984
21 (P.L.1299, No.245), are amended to read:
22 Section 207.1. Gubernatorial Appointments.--* * *
23 (d) The Governor shall nominate in accordance with the
24 provisions of the Constitution of the Commonwealth of
25 Pennsylvania and, by and with the advice and consent of a
26 majority of the members elected to the Senate appoint persons to
27 fill the following positions:
28 (1) The Secretary of Education, the Secretary of the
29 Commonwealth, the Adjutant General, the Insurance Commissioner,
30 the Secretary of Banking, the Secretary of Agriculture, the
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1 Secretary of Transportation, [the Secretary of Health,] the
2 Secretary of Health and Human Services, the Physician General,
3 the Commissioner of the State Police, the Secretary of
4 Corrections, the Secretary of Labor and Industry, the Secretary
5 of Aging, [the Secretary of Public Welfare,] the Secretary of
6 General Services, the Secretary of Revenue, the [Secretary of
7 Commerce, the Secretary of Community Affairs and the Secretary
8 of Environmental Resources] Secretary of Community and Economic
9 Development, the Secretary of Environmental Protection and the
10 Secretary of Conservation and Natural Resources.
11 * * *
12 (4) Those members which he is authorized to appoint to the
13 Delaware Valley Regional Planning Commission, the Pennsylvania
14 Public Television Network Commission, the State Council of Civil
15 Defense, the State Farm Products Commission, the Pennsylvania
16 Housing Finance Agency, the Board of Trustees of each State
17 College and University, the Board of Trustees of Scotland School
18 for Veterans' Children, the Board of Trustees of Thaddeus
19 Stevens State School of Technology, the State Conservation
20 Commission, the Commonwealth of Pennsylvania Council on the
21 Arts, the State Planning Board, the Pennsylvania Drug, Device
22 and Cosmetic Board, the County Board of Assistance in each
23 county, the State Board of [Public Welfare] Human Services, the
24 Boards of Trustees of Centers, the Board of Trustees of each
25 Restoration Center, the Board of Trustees of each State General
26 Hospital, the Board of Trustees of each State School and
27 Hospital, the Board of Trustees of each State Hospital, the
28 State Dental Council and Examining Board, the State Real Estate
29 Commission, the State Registration Board for Professional
30 Engineers, the State Boards of Examiners of Architects,
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1 Auctioneers, Nursing Home Administrators and Public Accountants,
2 the State Boards of Barber Examiners, Chiropractic Examiners,
3 Cosmetology, Funeral Directors, Medical Education and Licensure,
4 Nurse Examiners, Optometrical Examiners, Osteopathic Examiners,
5 Pharmacy, Physical Therapy Examiners, Podiatry Examiners,
6 Veterinary Medical Examiners, Landscape Architects and Motor
7 Vehicle Manufacturers, Dealers and Salesmen, the Pennsylvania
8 Board of Psychologist Examiners, the State Athletic Commission,
9 the Hazardous Substance Transportation Board, the Pennsylvania
10 Higher Education Assistance Agency, the Pennsylvania Historical
11 and Museum Commission, the State Tax Equalization Board, the
12 Public School Employees' Retirement Board, the State Employees'
13 Retirement Board, the Municipal Police Officers' Education and
14 Training Commission, the Pennsylvania Nursing Home Loan Agency,
15 the Crime Victims Compensation Board, the Consumer Advocate, and
16 the Pennsylvania Minority Business Development Authority.
17 * * *
18 Section 6. Section 448(f), (k) and (l) of the act, amended
19 or added December 21, 1959 (P.L.1944, No.709), January 13, 1966
20 (1965 P.L.1300, No.517), July 9, 1970 (P.L.470, No.161) and June
21 20, 1978 (P.L.477, No.70), are amended to read:
22 Section 448. Advisory Boards and Commissions.--The advisory
23 boards and commissions, within the several administrative
24 departments, shall be constituted as follows:
25 * * *
26 (f) The Advisory Health Board shall consist of the Secretary
27 of Health and Human Services, or in his place his duly
28 authorized deputy, and twelve members, five of whom shall be
29 physicians licensed to practice medicine or osteopathy in
30 Pennsylvania, one a dentist licensed to practice dentistry in
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1 Pennsylvania, one a pharmacist registered with the State Board
2 of Pharmacy, one a registered nurse licensed by the State Board
3 of Nurse Examiners, and one an engineer registered with the
4 State Registration Board for Professional Engineers who is
5 experienced in sanitary engineering. The Secretary of Health and
6 Human Services, or in his place his duly authorized deputy,
7 shall be chairman of the board.
8 The term of office of each appointed member of the board
9 shall be four years, measured from the third Tuesday of January
10 of the year in which he takes office, or until his successor has
11 been appointed and has qualified; except that in the initial
12 appointment of the members of the board, one member shall be
13 appointed for a term of one year, three members for a term of
14 two years, three members for a term of three years, and three
15 members for a term of four years.
16 Six members of the board, together with the Secretary of
17 Health and Human Services, or in his place his duly authorized
18 deputy, shall constitute a quorum.
19 Each appointed member of the board shall receive actual
20 traveling expenses and per diem compensation at the rate of
21 $25.00 a day for time actually devoted to the business of the
22 board.
23 * * *
24 (k) The State Board of [Public Welfare] Human Services is
25 hereby created. The board shall consist of the Secretary of
26 [Public Welfare] Health and Human Services, ex officio, and
27 sixteen (16) members appointed by the Governor. Four (4) members
28 shall be appointed from among the members of the General
29 Assembly, two (2) from the Senate and two (2) from the House of
30 Representatives. These members of the board shall, with respect
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1 to each branch of the General Assembly, be from different
2 political parties, and they shall, in no event, retain
3 membership on the board after they cease to be members of the
4 branch of the Legislature from which they were appointed. One
5 (1) member shall be appointed by the Governor from each of the
6 six (6) advisory committees created by clause (l) of this
7 section, and the first member of each advisory committee
8 appointed by the Governor shall automatically become a member of
9 the board. The term of office of each member of the board,
10 except as herein otherwise provided, shall be six (6) years.
11 In the original appointment of the members of the board, six
12 (6) members shall be appointed for the term of six (6) years,
13 five (5) members for the term of four (4) years, and five (5)
14 members for the term of two (2) years. Any vacancy occurring in
15 the membership of the board shall be filled by the Governor only
16 for the unexpired term. The Governor may remove any member of
17 the board at any time. No member of the board shall serve more
18 than two (2) consecutive terms not including a vacancy
19 appointment, nor shall any member hold office in any political
20 party.
21 Nine (9) members of the board shall constitute a quorum. A
22 chairman who shall not be a member of an advisory committee
23 shall be elected by the board, annually, from among its members.
24 Members of the board shall serve without compensation other than
25 reimbursement of travel and other actual expenses incurred in
26 the performance of their duties. The board shall meet at least
27 six (6) times a year. Special meetings of the board shall be
28 held on call of the chairman or the Secretary of [Public
29 Welfare] Health and Human Services, and it shall be the duty of
30 the chairman to call a special meeting upon the written request
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1 of one-third (1/3) or more members, not including vacancies, of
2 the board.
3 (l) The following advisory committees are hereby created:
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 Retardation.
9 Each advisory committee shall consist of the Commissioner in
10 the Department of [Public Welfare] Health and Human Services,
11 directing the program to which the advisory committee is
12 attached, as an ex officio member, and not less than three (3)
13 nor more than nine (9) members appointed by the Governor. In the
14 case of the Advisory Committee for Mental Health and Mental
15 Retardation, the committee shall include the Chairman of the
16 Public Health and Welfare Committee of the Senate, the Chairman
17 of the Health and [Welfare] Human Services Committee of the
18 House of Representatives and the President of the Pennsylvania
19 State Association of County Commissioners or his alternate. The
20 exact number of members of each advisory committee shall be
21 determined by the Governor upon recommendation of the State
22 Board of [Public Welfare] Human Services. The qualifications of
23 the members of each advisory committee shall also be determined
24 by the Governor upon recommendation of the State Board of
25 [Public Welfare] Human Services: Provided, That with respect to
26 each advisory committee, the Governor shall appoint members with
27 due regard for representation of the professional and lay groups
28 concerned with the fields of interest served by the program to
29 which each advisory committee is attached. The term of office of
30 each member of each advisory committee, except as herein
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1 otherwise provided, shall be six (6) years.
2 The original appointment of the members of the advisory
3 committee shall be for overlapping terms of six (6), four (4)
4 and two (2) years. In making these original appointments, the
5 Governor shall, in so far as possible, appoint approximately
6 one-third (1/3) of the recommended complement of each advisory
7 board to each of the overlapping terms.
8 A majority of the members of each advisory committee shall
9 constitute a quorum. Each advisory committee shall elect a
10 chairman from among its members. Each advisory committee shall
11 meet at least four (4) times a year. Special meetings of each
12 advisory committee shall be held on call of the chairman, and it
13 shall be the duty of the chairman to call a special meeting upon
14 the written request of one-third (1/3) or more of the members
15 not including vacancies of the advisory committee.
16 The provisions of clause (k) of this section with respect to
17 filling of vacancies, removal of members, length of service,
18 political party office and compensation shall be applicable to
19 advisory committee members, and are incorporated herein by
20 reference.
21 * * *
22 Section 7. Section 451(b) of the act, amended July 7, 1989
23 (P.L.241, No.42), is amended to read:
24 Section 451. State Planning Board.--* * *
25 (b) (1) The State Planning Board shall consist of fifteen
26 members to be appointed by the Governor from among the citizens
27 of the State, who during their terms shall hold no other office
28 in the executive branch of State Government to which any salary
29 is attached. In addition to these members, there shall be six ex
30 officio members, the Secretary of Agriculture, the [Secretary of
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1 Commerce, the Secretary of Community Affairs, the Secretary of
2 Environmental Resources] Secretary of Community and Economic
3 Development, the Secretary of Environmental Protection, the
4 Secretary of Conservation and Natural Resources, the Secretary
5 of [Public Welfare] Health and Human Services and the Secretary
6 of Transportation. There shall also be two members appointed by,
7 and serve at the pleasure of, the President pro tempore of the
8 Senate, neither of whom shall be members of the same political
9 party, and two members appointed by, and serve at the pleasure
10 of, the Speaker of the House of Representatives, neither of whom
11 shall be members of the same political party. The terms of
12 office of those members appointed by the Governor shall be for
13 four years and until their successors are appointed and have
14 qualified. In case of a vacancy, the Governor shall make an
15 appointment for the unexpired portion of the term. The Governor
16 shall designate the chairman and vice-chairman of the board from
17 among the members of the board, other than the ex officio and
18 legislative members.
19 (2) Thirteen members of the board shall constitute a quorum.
20 (3) The members of the board shall serve without
21 compensation but shall be entitled to receive traveling and
22 other reasonable expenses incurred in the discharge of their
23 duties.
24 (4) The board may, with the approval of the Governor,
25 appoint and fix the compensation of an executive director who
26 shall be technically qualified for the duties of the office and
27 who shall act as secretary of the board and conduct the work of
28 the board under its supervision.
29 * * *
30 Section 8. Section 609-A of the act, amended or added July
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1 1, 1981 (P.L.143, No.48) and July 1, 1990 (P.L.277, No.67), is
2 amended to read:
3 Section 609-A. Department of Health and Human Services.--The
4 Department of Health and Human Services is authorized to charge
5 fees for the following purposes and in the following amounts:
6 (1) Permit for operation of clinical laboratory $100.00
7 (2) Provisional approval issued to nursing
8 homes:
9 (i) Provisional license:
10 (A) First provisional................ 100.00
11 Each approved nursing home bed. 2.00
12 (B) Second provisional............... 200.00
13 Each approved nursing home bed. 2.00
14 (C) Third provisional................ 300.00
15 Each approved nursing home bed. 2.00
16 (D) Fourth provisional............... 400.00
17 Each approved nursing home bed. 2.00
18 (3) Miniature certificate of birth........... 5.00
19 (4) Nursing homes:
20 (i) Regular license...................... 100.00
21 Each inpatient bed.................... 2.00
22 (ii) Renewal of regular license.......... 100.00
23 Each inpatient bed.................... 2.00
24 (5) Home health care agency:
25 (i) License.............................. 200.00
26 Section 9. Section 1209(b) of the act, amended February 1,
27 1966 (1965 P.L.1849, No.582), is amended to read:
28 Section 1209. Local Government Budget and Financial Reports;
29 Compilation of Statistics.--The Department of Community
30 [Affairs] and Economic Development shall have power and its duty
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1 shall be:
2 * * *
3 (b) To furnish to the corporate authorities of each county
4 (except counties of the first class), city of the third class,
5 borough, incorporated town, township suitable blank forms for
6 the making of annual reports of the financial condition of their
7 respective local governments to the department, which forms for
8 financial report purposes shall be placed by said corporate
9 authorities into the hands of the director, controller or
10 auditors who by law are required to make such financial reports
11 to the department. Such annual financial reports shall be
12 prepared in cooperation with aforesaid duly authorized
13 committees of local government officials and shall contain: (1)
14 a statement of the receipts of the unit of local government from
15 all sources and of all accounts and revenue which may be due and
16 uncollected at the close of the fiscal year; (2) a statement of
17 the disbursements for all the governmental activities of the
18 unit of local government during the fiscal year; (3) a detailed
19 statement of the indebtedness of the unit of local government at
20 the close of the fiscal year, the provisions made for the
21 payment thereof, together with the purposes for which it was
22 incurred; (4) a statement of the cost of ownership and operation
23 of each and every public service industry owned, maintained or
24 operated by the unit of local government; (5) such further or
25 more specific information in relation to the cost of any branch
26 of the local government and improvements therein as may be
27 required by the department.
28 In the case of blank forms for financial reports by townships
29 of the second class and counties, the same shall be so arranged
30 that corresponding data and information, required to be reported
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1 by said units of local government to the Department of
2 [Highways] Transportation or the Department of [Public Welfare]
3 Health and Human Services, may be used for the information
4 required to be furnished to the Department of Community
5 [Affairs] and Economic Development under this section.
6 * * *
7 Section 10. The act is amended by adding an article to read:
8 ARTICLE XXI-B
9 POWERS AND DUTIES OF THE OFFICE OF
10 THE PHYSICIAN GENERAL AND ITS DEPARTMENTAL,
11 ADMINISTRATIVE AND ADVISORY BOARDS AND
12 COMMISSIONS
13 Section 2101-B. Establishment of the Office of the Physician
14 General.--There is hereby created the cabinet position of the
15 Office of the Physician General of the Commonwealth which shall
16 be under the control and direction of the Physician General.
17 There shall be in the Office of the Physician General a
18 Physician General of the Commonwealth, who shall exercise the
19 powers and perform the duties set forth in this article.
20 Section 2102-B. Personnel.--(a) The Physician General shall
21 appoint and fix the compensation of employes as are required to
22 assist in carrying out the duties of the Physician General.
23 (b) The Physician General may appoint advisory task forces
24 as the Physician General deems necessary to carry out the duties
25 and responsibilities of the Physician General under this
26 article. The Physician General or the Physician General's
27 designee shall serve as chairman of each task force. When
28 actually engaged in official meetings or otherwise in the
29 performance of the member's official duties as directed by the
30 Physician General, each member of a task force shall receive
19990S0875B0977 - 17 -
1 reimbursement for expenses incurred.
2 Section 2103-B. Ethics Law.--The Physician General shall be
3 subject to the act of October 4, 1978 (P.L.883, No.170),
4 referred to as the Public Official and Employee Ethics Law.
5 Section 2104-B. Powers and Duties of the Physician
6 General.--The Physician General shall:
7 (1) advise the Governor on health care services provided or
8 regulated by the departments, including provision of benefits,
9 prevention, early intervention and wellness;
10 (2) advise the Governor on better coordination of health
11 care services provided or regulated by the departments;
12 (3) implement appropriate health care initiatives as
13 requested by the Governor, the General Assembly or the
14 departments; and
15 (4) sponsor and administer programs for the development of
16 health care resources and identify Federal and private funding
17 sources, grants and other resources for health care services and
18 programs.
19 Section 2105-B. Attendance of Meetings.--The Physician
20 General or his designee shall be a voting member of the State
21 Board of Medicine and the State Board of Osteopathic Medicine.
22 The Physician General or his designee shall attend such meeting
23 of other boards, commissions and councils considering matters
24 affecting health care as he deems appropriate.
25 Section 11. Section 2203-A(a)(11), (17.2), (24), (24.1) and
26 (26) of the act, amended December 15, 1988 (P.L.1244, No.153),
27 are amended to read:
28 Section 2203-A. Powers and Duties in General.--(a) The
29 Department of Aging hereinafter referred to in this article as
30 the department shall, subject to any inconsistent provisions in
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1 this act contained, have the power and its duty shall be to:
2 * * *
3 (11) Promote and support programs, studies and policies, in
4 cooperation with the Departments of Labor and Industry,
5 Education, [Commerce] Community and Economic Development,
6 [Public Welfare] Health and Human Services and other agencies,
7 which will enhance the opportunity for continued work, education
8 and training for older persons and for preretirement assistance
9 where appropriate.
10 * * *
11 (17.2) In cooperation with the Department of Health [and the
12 Department of Public Welfare] and Human Services:
13 (i) Develop and administer a system of preadmission
14 assessment for persons who are at risk of needing institutional
15 care, if the Governor finds such a system cost effective.
16 (ii) Develop and administer a system of managed community-
17 based long-term care for persons who are assessed as being
18 clinically eligible for nursing home care and who can be cared
19 for within cost-of-care guidelines established by the
20 department, if the Governor finds such a system cost effective.
21 * * *
22 (24) Conduct, in cooperation with the Department of Health
23 [and the Department of Public Welfare] and Human Services,
24 periodic studies and evaluations pertaining to the quality of
25 care and related services for consumers of long-term care
26 services and report such findings to the General Assembly.
27 (24.1) Conduct, in cooperation with the Department of Health
28 and Human Services, an ongoing Statewide prescription drug
29 education program designed to inform older adults of the dangers
30 of prescription drug abuse and misuse.
19990S0875B0977 - 19 -
1 * * *
2 (26) Review and comment on all rules, regulations,
3 eligibility or payment standards issued by the Departments of
4 [Public Welfare] Health and Human Services, Environmental
5 [Resources, Health] Protection or Labor and Industry relating to
6 the licensure and regulation of nursing homes, hospitals, and
7 other health facilities; medical assistance, supplemental
8 security income; homemaking and home-health care or residential
9 care facilities for older adults. Said rules, regulations and
10 standards shall not take effect until they have been submitted
11 to the department for comment.
12 * * *
13 Section 12. The act is amended by adding an article to read:
14 ARTICLE XXIII-A
15 POWERS AND DUTIES OF THE DEPARTMENT OF HEALTH
16 AND HUMAN SERVICES
17 Section 2301-A. Powers and Duties.--The Department of Health
18 and Human Services shall have the power, and its duty shall be:
19 (1) To protect the health of the people of this
20 Commonwealth, and to determine and employ the most efficient and
21 practical means for the prevention and suppression of disease.
22 (2) To enable needy people to maintain a decent and
23 healthful standard of living for themselves and their dependents
24 in a way that promotes self-respect, rehabilitation, and self-
25 dependency, and to determine and employ the most efficient,
26 cost-effective, and practical means to provide assistance and
27 services to the needy.
28 Section 2302-A. Exercise of Powers Vested upon Former
29 Department of Health and Department of Public Welfare.--The
30 Department of Health and Human Services shall, subject to any
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1 inconsistent provisions contained in this act, exercise the
2 powers by law vested in and imposed upon the former Department
3 of Health and the former Department of Public Welfare, except in
4 any cases where the Office of the Physician General shall assume
5 the duties and the responsibilities of the Department of Health.
6 Section 13. Section 2409.1(b) of the act, amended July 1,
7 1981 (P.L.143, No.48), is amended to read:
8 Section 2409.1. Handicapped-Made Products and Services.--* *
9 *
10 (b) The Secretary of General Services shall have the power,
11 and it shall be his duty, to determine the fair market price on
12 any product or service, the practice of which is not licensed
13 under the laws of this Commonwealth, which handicapped persons
14 can manufacture or perform and which has been offered for sale
15 to the Commonwealth or any of its agencies by any charitable
16 nonprofit-making agency for the handicapped, incorporated under
17 the laws of this Commonwealth, and manufacturing merchandise
18 within this Commonwealth and providing services within this
19 Commonwealth, and approved for such purpose by the Department of
20 General Services, to revise such prices from time to time, in
21 accordance with changing market conditions, and to make such
22 rules and regulations regarding specifications, time of delivery
23 and other relevant matters as are necessary to carry out the
24 provisions of this section. At the request of the Secretary of
25 General Services and with the approval of the Secretary of
26 [Public Welfare] Health and Human Services, the Department of
27 [Public Welfare] Health and Human Services or other nonprofit-
28 making agency shall facilitate the distribution of orders and
29 services among agencies for the handicapped.
30 * * *
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1 Section 14. Section 2418 of the act, added December 11, 1986
2 (P.L.1485, No.153), is amended to read:
3 Section 2418. Lease of Eastern Pennsylvania Psychiatric
4 Institute.--The Department of General Services, with the
5 approval of the Governor and the Department of [Public Welfare]
6 Health and Human Services, is authorized to lease or sublease,
7 for the rental of one dollar ($1) per annum, all of the land and
8 buildings in the city and county of Philadelphia known as the
9 Eastern Pennsylvania Psychiatric Institute, and all
10 improvements, fixtures, equipment and furnishings located there,
11 to The Medical College of Pennsylvania upon such terms and
12 conditions as The Medical College of Pennsylvania and the
13 Department of [Public Welfare] Health and Human Services shall
14 agree. The provisions of section 2402(i) shall not apply to a
15 lease entered into pursuant to this section.
16 Section 15. All personnel, allocation, appropriations,
17 equipment, files, records, contracts, agreements, obligations
18 and other material which are used, employed or expended in
19 connection with the powers, duties or functions of the
20 Department of Health and the Department of Public Welfare are
21 hereby transferred to the Department of Health and Human
22 Services established by this act with the same force and effect
23 as if the appropriations had been made to and said items had
24 been the property of the Department of Health and Human Services
25 in the first instance, and as if said contracts, agreements and
26 obligations had been incurred or entered into by the Department
27 of Health and Human Services. The personnel, appropriations,
28 equipment and other items and material transferred by this
29 section shall include Federal grants and funds and other
30 benefits from any Federal program.
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1 Section 16. (a) The following are transferred to the
2 Department of Health and Human Services:
3 (1) All bureaus, divisions and government units, or
4 portions thereof, in the Department of Public Welfare
5 responsible for the functions enumerated in Article XXIII.
6 (2) All bureaus, divisions and government units, or
7 portions thereof, in the Department of Health responsible for
8 the functions enumerated in Article XXI.
9 (b) All personnel, allocations, appropriations, equipment,
10 files, records, contracts, agreements, obligations and other
11 materials which are used, employed or expended in connection
12 with the powers, duties or functions transferred by this act to
13 the Department of Health and Human Services are hereby
14 transferred to the Department of Health and Human Services with
15 the same force and effect as if the appropriations had been made
16 to and said items had been the property of the Department of
17 Health and Human Services in the first instance and as if said
18 contracts, agreements and obligations had been incurred or
19 entered into by said Department of Health and Human Services.
20 (c) The personnel, appropriations, equipment and other items
21 and material transferred by this section shall include an
22 appropriate portion of the general administrative, overhead and
23 supporting personnel, appropriations, equipment and other
24 material of the agency and shall also include, where applicable,
25 Federal grants and funds and other benefits from any Federal
26 program.
27 (d) All personnel transferred pursuant to this act shall
28 retain any civil service employment status assigned to said
29 personnel.
30 Section 17. All positions in the Department of Health and
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1 Human Services shall be deemed to be "classified service" as
2 defined in section 3(d) of the act of August 5, 1941 (P.L.752,
3 No.286), known as the Civil Service Act, and the provisions and
4 benefits of that act shall be applicable to the employees of,
5 and positions in, the department.
6 Section 18. Whenever the Secretary of Health or the
7 Secretary of Public Welfare shall be entitled by law to serve on
8 a board, commission or other body relating to any matter within
9 the jurisdiction of the department, the Secretary of Health and
10 Human Services shall serve in his place as if the Secretary of
11 Health and Human Services had been designated to serve in the
12 first instance.
13 Section 19. All orders, permits, regulations, decisions and
14 other actions of the Department of Health or the Department of
15 Public Welfare or any department, board, commission or agency
16 whose functions have been transferred by this act to the
17 Department of Health and Human Services shall remain in full
18 force and effect until modified, repealed, superseded or
19 otherwise changed by appropriate action of the Department of
20 Health and Human Services.
21 Section 20. All orders, permits, regulations, decisions and
22 other actions of the Department of Health and Human Services or
23 any department, board, commission or agency whose functions have
24 been transferred by this act to the Department of Health and
25 Human Services shall remain in full force and effect until
26 modified, repealed, superseded or otherwise changed by
27 appropriate action of the Department of Health and Human
28 Services.
29 Section 21. All acts and parts of acts are repealed insofar
30 as they are inconsistent with this act.
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1 Section 22. This act shall take effect in 180 days.
D6L71JS/19990S0875B0977 - 25 -