PRINTER'S NO. 1290
No. 1144 Session of 1997
INTRODUCED BY KENNEY, O'BRIEN, OLIVER, PETRONE, THOMAS, CORNELL,
BELFANTI, ALLEN, ARMSTRONG, BARRAR, BEBKO-JONES, BELARDI,
BENNINGHOFF, BIRMELIN, BISHOP, BOSCOLA, BUNT, BUXTON,
CALTAGIRONE, CAPPABIANCA, CASORIO, CHADWICK, CIVERA, CLYMER,
M. COHEN, COWELL, CURRY, DeLUCA, DEMPSEY, DeWEESE,
DiGIROLAMO, GEIST, GRUPPO, HENNESSEY, ITKIN, JAMES, JAROLIN,
JOSEPHS, KIRKLAND, LaGROTTA, LAUGHLIN, LEDERER, LUCYK,
MAITLAND, MANDERINO, MASLAND, McGEEHAN, MELIO, MICHLOVIC,
MILLER, MUNDY, MYERS, NICKOL, OLASZ, PETTIT, PHILLIPS,
PRESTON, RAMOS, ROEBUCK, ROONEY, ROSS, RUBLEY, SANTONI,
SATHER, SAYLOR, SHANER, STERN, STETLER, STRITTMATTER, SURRA,
TANGRETTI, J. TAYLOR, TRAVAGLIO, TRICH, TRUE, VAN HORNE,
WASHINGTON, A. H. WILLIAMS, WOGAN, REBER, STURLA, BATTISTO,
STABACK, B. SMITH, BLAUM, MARSICO, FAIRCHILD, YOUNGBLOOD,
LESCOVITZ, CARN, TIGUE, FLEAGLE, PISTELLA, NAILOR,
C. WILLIAMS, YEWCIC, McNAUGHTON, LEVDANSKY, SCHRODER, BAKER,
CAWLEY, RAYMOND, FARGO, FICHTER, STEELMAN, GODSHALL, LAWLESS,
KREBS, McCALL, TULLI, L. I. COHEN AND HALUSKA, APRIL 2, 1997
REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES,
APRIL 2, 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
1 number and compensation of the deputies and all other
2 assistants and employes of certain departments, boards and
3 commissions shall be determined," providing for duties of the
4 Office of Drug and Alcohol Programs; and making repeals.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. The act of April 9, 1929 (P.L.177, No.175), known
8 as The Administrative Code of 1929, is amended by adding a
9 section to read:
10 Section 2126. Duties of Office of Drug and Alcohol
11 Programs.--(a) The Office of Drug and Alcohol Programs shall
12 establish a grievance procedure to handle complaints and
13 grievances regarding the provision of drug and alcohol treatment
14 services.
15 (b) Because of the physical and psychological nature of
16 alcohol and drug abuse with the potential for accidents,
17 impairment, withdrawal and danger to the public safety,
18 complaints and grievances regarding alcohol and drug treatment
19 shall follow a one-level grievance procedure and shall be
20 resolved in thirty (30) days from submission of the complaint.
21 (c) Managed care entities shall routinely advise subscribers
22 of the grievance procedure and how to initiate the procedure.
23 (d) A treatment provider who has provided a service to a
24 subscriber may initiate the grievance procedure.
25 (e) At the point of an inquiry requiring corrective action
26 or a complaint regarding drug and alcohol treatment services,
27 subscribers shall be advised of the one-step grievance
28 procedure.
29 (f) The subscriber may be advised of the procedure by oral
30 or written communication or by posting in a health care
31 facility. Information shall be directed to the subscriber. The
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1 information and advice cannot be conducted over the telephone.
2 Managed care entities, any entities responsible for assessing or
3 approving drug and alcohol treatment delivery and drug and
4 alcohol treatment providers shall routinely advise subscribers
5 of the grievance procedure and how to initiate the process.
6 (g) At the point of denial of requested drug and alcohol
7 treatment, the entity, managed care entities, any entities
8 responsible for assessing or approving drug and alcohol
9 treatment delivery and drug and alcohol treatment providers
10 shall readvise subscribers of the grievance procedure and of how
11 to initiate the process.
12 (h) (1) There shall be established within ODAP a registry of
13 drug and alcohol clinicians working in ODAP-licensed drug and
14 alcohol facilities qualified to conduct grievance reviews.
15 (2) The minimum qualifications for a clinician are as
16 follows:
17 (i) A masters or bachelors degree or certified addiction
18 counselor certificate.
19 (ii) Five years' experience in addiction treatment programs
20 serving public and private clients. This experience shall
21 include drug and alcohol clinical experience in both inpatient
22 and outpatient settings with demonstrated strength in client
23 assessment.
24 (3) A case assigned to a clinician shall have identifying
25 matter, such as patient name, name of the treatment program and
26 the managed care entity's name removed. The clinician shall not
27 review a case where there is a conflict of interest.
28 (4) The registry shall consist of noncivil service
29 positions.
30 (i) ODAP shall compile and maintain records on inquiries
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1 requiring corrective action, complaints and grievances regarding
2 alcohol and drug treatment services.
3 (j) ODAP shall promulgate rules and regulations to implement
4 this section.
5 (k) As used in this section:
6 "Managed care entity" means a health care system that
7 integrates any financing and delivery of health care services.
8 The term shall include, but not be limited to, an insurer,
9 health maintenance organization, managed care firm or third-
10 party administrator.
11 "ODAP" means the Office of Drug and Alcohol Programs in the
12 Department of Health.
13 Section 2. (a) Section 14 of the act of December 29, 1972
14 (P.L.1701, No.364), known as the Health Maintenance Organization
15 Act, is repealed insofar as it is inconsistent with this act.
16 (b) All other acts and parts of acts are repealed insofar as
17 they are inconsistent with this act.
18 Section 3. This act shall take effect in 60 days.
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