CORRECTIVE REPRINT
A02984
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1417
Session of
2023
INTRODUCED BY CURRY, GAYDOS, KINKEAD, HILL-EVANS, McNEILL,
SAMUELSON, RABB, HOWARD, MADDEN, SCHLOSSBERG, SANCHEZ,
WARREN, KINSEY, DELLOSO, KHAN, SMITH-WADE-EL, STURLA, TAKAC,
D. WILLIAMS, MULLINS, CERRATO, DONAHUE, ISAACSON, FRANKEL,
KRAJEWSKI, BOROWSKI, O'MARA, T. DAVIS, SCHWEYER, KIM,
FLEMING, YOUNG, KULIK, WAXMAN, GERGELY, MERSKI, STEELE,
KAZEEM, GUENST, HANBIDGE, GREEN, CEPEDA-FREYTIZ, FIEDLER,
FREEMAN AND SHUSTERMAN, JUNE 14, 2023
AS REPORTED FROM COMMITTEE ON HEALTH, HOUSE OF REPRESENTATIVES,
AS AMENDED, OCTOBER 18, 2023
AN ACT
Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An
act to consolidate, editorially revise, and codify the public
welfare laws of the Commonwealth," in public assistance,
further providing for reimbursement for certain medical
assistance items and services; and abrogating regulations.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 443.6(g) of the act of June 13, 1967
(P.L.31, No.21), known as the Human Services Code, is amended
and the section is amended by adding a subsection subsections to
read:
Section 443.6. Reimbursement for Certain Medical Assistance
Items and Services.--* * *
(g) The department shall establish a benefit [packages]
package for [dental and] pharmacy services for medical
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assistance recipients twenty-one years of age or older, and any
exceptions to [such] the benefit [packages] package as the
department determines are appropriate. Notwithstanding any other
provision of law, including this section, during State fiscal
year 2011-2012, the department shall establish such benefit
[packages] package, limits and exceptions thereto by publication
of one or more notices in the Pennsylvania Bulletin. A notice
shall describe the available benefit [packages] package or
limits and any exceptions thereto. The benefit [packages]
package, limits and exceptions thereto shall take effect as
specified in the notice and remain in effect until changed by a
subsequent notice issued on or before June 30, 2012, or
thereafter by department regulation.
(h) The department shall establish a benefit package for
dental services for medical assistance recipients twenty-one
years of age or older. Notwithstanding any other provision of
law, including this section, during State fiscal year 2023-2024,
the department shall establish the benefit package by
publication of one or more notices in the Pennsylvania Bulletin.
A notice shall describe the available benefit package. The
benefit package shall take effect as specified in the notice and
remain in effect until changed by department regulation. THE and
subject to subsection (i), the DEPARTMENT SHALL REVISE THE
BENEFIT PACKAGE FOR DENTAL SERVICES BY PUBLICATION OF A NOTICE
IN and transmit a notice of the revision to the Legislative
Reference Bureau for publication in the next available issue of
THE PENNSYLVANIA BULLETIN. THE BENEFIT PACKAGE SHALL TAKE EFFECT
AS SPECIFIED IN THE NOTICE. The department shall seek a State
plan amendment or Federal waiver from the Centers for Medicare
and Medicaid Services, if needed, to allow the medical
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assistance program to provide coverage for dental services in
accordance with this section. The SUBJECT TO AVAILABLE FUNDING,
THE The benefit package under this subsection:
(1) shall include all coverages for dental services provided
prior to the dental benefit package changes announced under 41
Pa.B. 5133 (September 24, 2011); AND
(2) may not remove any existing coverage for dental services
or include a benefit limitation for covered dental services; and
(3) (2) may include additional coverages for dental services
beyond those currently provided and those provided prior to the
dental benefit package changes announced under 41 Pa.B. 5133
(September 24, 2011).
(i) The department may not transmit the notice to the
Legislative Reference Bureau under subsection (h) until the
earlier of the following:
(1) funding is appropriated for the revision to the benefit
package for dental services; or
(2) the secretary certifies to the chairperson and minority
chairperson of the Appropriations Committee of the Senate and
the chairperson and minority chairperson of the Appropriations
Committee of the House of Representatives that revising the
benefit package for dental services consistent with subsection
(h)(1) will not result in a net increase in capitation payments
to medical assistance managed care organizations.
Section 2. All regulations and parts of regulations are
abrogated to the extent of any inconsistency with this act.
Section 3. If a Federal waiver under section 443.6(h) of the
act or a State plan amendment is approved by the Centers for
Medicare and Medicaid Services, the Secretary of Human Services
shall transmit notice of the approval to the Legislative
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Reference Bureau for publication in the next available issue of
the Pennsylvania Bulletin.
Section 4. This act shall take effect as follows:
(1) Section 2 of this act shall take effect immediately
following publication of the notice under section 3 of this
act.
(2) The remainder of this act shall take effect
immediately.
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