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                                                      PRINTER'S NO. 1261

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 955 Session of 2003


        INTRODUCED BY WAGNER, HUGHES, STACK, KITCHEN, ORIE, STOUT,
           COSTA, MUSTO, A. WILLIAMS, O'PAKE, LOGAN, TARTAGLIONE,
           RAFFERTY, BOSCOLA, TOMLINSON, C. WILLIAMS, LAVALLE, DENT,
           SCHWARTZ, FERLO, WOZNIAK AND PUNT, NOVEMBER 3, 2003

        REFERRED TO APPROPRIATIONS, NOVEMBER 3, 2003

                                     AN ACT

     1  Amending the act of March 20, 2003 (P.L.    , No.1A), entitled
     2     "An act to provide from the General Fund for the expenses of
     3     the Executive, Legislative and Judicial Departments of the
     4     Commonwealth, the public debt and for the public schools for
     5     the fiscal year July 1, 2003, to June 30, 2004, for certain
     6     institutions and organizations, and for the payment of bills
     7     incurred and remaining unpaid at the close of the fiscal year
     8     ending June 30, 2003; to provide appropriations from the
     9     State Lottery Fund, the Energy Conservation and Assistance
    10     Fund, the Hazardous Material Response Fund, The State Stores
    11     Fund, the Milk Marketing Fund, the Home Investment Trust
    12     Fund, the Emergency Medical Services Operating Fund, the
    13     Tuition Payment Fund, the Banking Department Fund, the
    14     Firearm Records Check Fund, the Ben Franklin Technology
    15     Development Authority Fund and the Tobacco Settlement Fund to
    16     the Executive Department; to provide appropriations from the
    17     Judicial Computer System Augmentation Account to the Judicial
    18     Department for the fiscal year July 1, 2003, to June 30,
    19     2004; to provide appropriations from the Motor License Fund
    20     for the fiscal year July 1, 2003, to June 30, 2004, for the
    21     proper operation of the several departments of the
    22     Commonwealth and the Pennsylvania State Police authorized to
    23     spend Motor License Fund moneys; to provide for the
    24     appropriation of Federal funds to the Executive Department of
    25     the Commonwealth and for the establishment of restricted
    26     receipt accounts for the fiscal year July 1, 2003, to June
    27     30, 2004, and for the payment of bills remaining unpaid at
    28     the close of the fiscal year ending June 30, 2003; to provide
    29     for the additional appropriation of Federal and State funds
    30     from the General Fund, for the Executive Department of the
    31     Commonwealth for the fiscal year July 1, 2002, to June 30,
    32     2003, and for the payment of bills incurred and remaining


     1     unpaid at the close of the fiscal year ending June 30, 2002;
     2     and making a repeal," further providing for definitions and
     3     for appropriations relating to the executive offices and the
     4     Department of Public Welfare.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7     Section 1.  Section 102 of the act of March 20, 2003, (P.L.
     8    , No.1A), known as the General Appropriation Act of 2003, is
     9  amended by adding a definition to read:
    10     Section 102.  Definitions.--The following words and phrases
    11  when used in this act shall have the meanings given to them in
    12  this section unless the context clearly indicates otherwise:
    13     * * *
    14     "Intergovernmental transfer funds."  All money received by a
    15  department or an agency from the "Commonwealth Agreement by and
    16  between Commonwealth of Pennsylvania acting through the
    17  Department of Public Welfare and County Commissioners
    18  Association of Pennsylvania," Contract 9041, pursuant to section
    19  1903(w)(6)(A) of the Social Security Act (49 Stat.620, 42 U.S.C.
    20  § 1396b(w)(6)(A)) and 42 CFR § 433.51(b) (relating to public
    21  funds as State share of financial participation).
    22     Section 2.  As much as relates to the Federal or State
    23  appropriation for intermediate punishment grants for drug and
    24  alcohol treatment in section 202 of the act is amended to read:
    25     Section 202.  Executive Offices.--
    26  The following amounts are appropriated
    27  to the Executive Offices:                  Federal       State
    28     * * *
    29     For intermediate punishment grants
    30  for drug and alcohol treatment.
    31             [State appropriation.......                7,754,000]

    20030S0955B1261                  - 2 -     

     1             State appropriation........                13,000,000
     2     * * *
     3     Section 3.  As much as relates to the Federal or State
     4  appropriations for medical assistance payments and for special
     5  pharmaceutical services in section 219 of the act are amended
     6  and the section is amended by adding appropriations to read:
     7     Section 219.  Department of Public
     8  Welfare.--The following sums are
     9  appropriated to the Department of
    10  Public Welfare:                            Federal       State
    11     * * *
    12     For medical assistance payments -
    13  outpatient services, exclusive of
    14  outpatient services provided through
    15  capitation plans. The Department of
    16  Public Welfare shall not require a
    17  recipient to obtain a physician
    18  referral in order to receive
    19  chiropractic services.
    20             [State appropriation.......              688,286,000]
    21             State appropriation........               706,461,000
    22     * * *
    23     For medical assistance payments -
    24  capitation plans. For provision of
    25  outpatient services and inpatient
    26  hospital services to eligible persons
    27  enrolled in an approved capitation
    28  plan. No part of this appropriation
    29  shall be used to pay any provider who
    30  has not supplied information in such
    20030S0955B1261                  - 3 -     

     1  form as required by the department in
     2  order to facilitate claims for Federal
     3  financial participation for services
     4  rendered to general assistance
     5  clients. The Department of Public
     6  Welfare shall not require a recipient
     7  to obtain a physician referral in
     8  order to receive chiropractic
     9  services.
    10             [State appropriation.......            2,064,547,000]
    11             State appropriation........             1,993,217,000
    12     The following Federal amounts are
    13  appropriated to supplement the sum
    14  appropriated for medical assistance -
    15  capitation plans:
    16     (1)  "Medical Assistance -
    17  Capitation." The Department of Public
    18  Welfare shall not require a recipient
    19  to obtain a physician referral in
    20  order to receive chiropractic
    21  services.
    22             [Federal appropriation.....2,590,621,000]
    23             Federal appropriation...... 2,661,951,000
    24     * * *
    25     For special pharmaceutical services
    26  for atypical antipsychotic drug
    27  therapy for persons residing in the
    28  community who suffer from
    29  schizophrenia.
    30             State appropriation........                 5,789,000
    20030S0955B1261                  - 4 -     

     1     For behavioral health services.
     2             State appropriation........                47,909,000
     3     The following intergovernmental
     4  transfer funds are appropriated to
     5  supplement the sum appropriated for
     6  behavioral health services:
     7     (1)  "Behavioral health services."
     8             Federal appropriation......      17,107,000
     9     * * *
    10     Section 4.  This act shall take effect immediately.














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