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PRIOR PRINTER'S NOS. 650, 2037 PRINTER'S NO. 2052
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 640
Session of
2025
INTRODUCED BY D. WILLIAMS, HEFFLEY, SANCHEZ, GIRAL, HILL-EVANS,
MADDEN, GUENST, KENYATTA, MALAGARI, FREEMAN, DEASY, CERRATO,
WEBSTER AND T. DAVIS, FEBRUARY 20, 2025
AMENDMENTS TO SENATE AMENDMENTS, HOUSE OF REPRESENTATIVES,
JUNE 30, 2025
AN ACT
Amending the act of April 9, 1929 (P.L.177, No.175), entitled
"An act providing for and reorganizing the conduct of the
executive and administrative work of the Commonwealth by the
Executive Department thereof and the administrative
departments, boards, commissions, and officers thereof,
including the boards of trustees of State Normal Schools, or
Teachers Colleges; abolishing, creating, reorganizing or
authorizing the reorganization of certain administrative
departments, boards, and commissions; defining the powers and
duties of the Governor and other executive and administrative
officers, and of the several administrative departments,
boards, commissions, and officers; fixing the salaries of the
Governor, Lieutenant Governor, and certain other executive
and administrative officers; providing for the appointment of
certain administrative officers, and of all deputies and
other assistants and employes in certain departments, boards,
and commissions; providing for judicial administration; and
prescribing the manner in which the number and compensation
of the deputies and all other assistants and employes of
certain departments, boards and commissions shall be
determined," IN POWERS AND DUTIES OF THE DEPARTMENT OF PUBLIC
WELFARE AND ITS DEPARTMENTAL ADMINISTRATIVE AND ADVISORY
BOARDS AND COMMISSIONS, PROVIDING FOR MANAGED CARE
ORGANIZATION ASSESSMENT, FOR INTERMEDIATE CARE FACILITIES FOR
PERSONS WITH AN INTELLECTUAL DISABILITY ASSESSMENTS, FOR
HOSPITAL ASSESSMENTS, FOR STATEWIDE QUALITY CARE ASSESSMENTS
AND FOR NURSING FACILITY ASSESSMENT; in powers and duties of
the Department of Drug and Alcohol Programs, further
providing for powers and duties; and, in judicial
administration, further providing for surcharge and fee; AND
MAKING REPEALS.
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The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 2301-A(3) and (7)(i) and 2802-E(a) of
the act of April 9, 1929 (P.L.177, No.175), known as The
Administrative Code of 1929, are amended to read:
SECTION 1. ARTICLE XXIII OF THE ACT OF APRIL 9, 1929
(P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF 1929, IS
AMENDED BY ADDING SECTIONS TO READ:
SECTION 2339. MANAGED CARE ORGANIZATION ASSESSMENT.--(A)
THE ASSESSMENT AUTHORIZED AND IMPLEMENTED UNDER ARTICLE VIII-I
OF THE ACT OF JUNE 13, 1967 (P.L.31, NO.21), KNOWN AS THE "HUMAN
SERVICES CODE," SHALL CONTINUE AND REMAIN IN EFFECT TO THE
EXTENT PERMITTED UNDER FEDERAL LAW. THE DEPARTMENT OF HUMAN
SERVICES SHALL TRANSMIT NOTICE TO THE LEGISLATIVE REFERENCE
BUREAU FOR PUBLICATION IN THE NEXT AVAILABLE ISSUE OF THE
PENNSYLVANIA BULLETIN UPON EXPIRATION OF THE ASSESSMENT.
(B) BEGINNING JULY 1, 2025, THE FIXED FEE REQUIRED UNDER
SECTION 803-I(B) OF THE "HUMAN SERVICES CODE" SHALL BE THIRTY
DOLLARS AND FORTY-SEVEN CENTS ($30.47). THE ASSESSMENT,
INCLUDING THE FIXED FEE, SHALL REMAIN SUBJECT TO THE PROVISIONS
OF ARTICLE VIII-I OF THE "HUMAN SERVICES CODE."
SECTION 2340. INTERMEDIATE CARE FACILITIES FOR PERSONS WITH
AN INTELLECTUAL DISABILITY ASSESSMENTS.--THE ASSESSMENTS
AUTHORIZED AND IMPLEMENTED UNDER ARTICLE VIII-C OF THE ACT OF
JUNE 13, 1967 (P.L.31, NO.21), KNOWN AS THE "HUMAN SERVICES
CODE," SHALL CONTINUE AND REMAIN IN EFFECT TO THE EXTENT
PERMITTED BY FEDERAL LAW. THE DEPARTMENT OF HUMAN SERVICES SHALL
TRANSMIT NOTICE TO THE LEGISLATIVE REFERENCE BUREAU FOR
PUBLICATION IN THE NEXT AVAILABLE ISSUE OF THE PENNSYLVANIA
BULLETIN UPON EXPIRATION OF THE ASSESSMENT. THE ASSESSMENTS
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SHALL REMAIN SUBJECT TO THE PROVISIONS OF ARTICLE VIII-C OF THE
"HUMAN SERVICES CODE."
SECTION 2341. HOSPITAL ASSESSMENTS.--THE ASSESSMENTS
AUTHORIZED AND IMPLEMENTED UNDER ARTICLE VIII-E OF THE ACT OF
JUNE 13, 1967 (P.L.31, NO.21), KNOWN AS THE "HUMAN SERVICES
CODE," SHALL CONTINUE AND REMAIN IN EFFECT TO THE EXTENT
PERMITTED BY FEDERAL LAW. THE DEPARTMENT OF HUMAN SERVICES SHALL
TRANSMIT NOTICE TO THE LEGISLATIVE REFERENCE BUREAU FOR
PUBLICATION IN THE NEXT AVAILABLE ISSUE OF THE PENNSYLVANIA
BULLETIN UPON EXPIRATION OF THE ASSESSMENTS. WITH THE EXCEPTION
OF THE EXPIRATION PROVISION UNDER SECTION 1603-O(A) OF THE ACT
OF APRIL 9, 1929 (P.L.343, NO.176), KNOWN AS "THE FISCAL CODE,"
THE ASSESSMENTS SHALL REMAIN SUBJECT TO THE PROVISIONS OF
ARTICLE VIII-E OF THE "HUMAN SERVICES CODE" AND SECTION 1603-O
OF "THE FISCAL CODE."
SECTION 2342. STATEWIDE QUALITY CARE ASSESSMENT.--THE
ASSESSMENT AUTHORIZED AND IMPLEMENTED UNDER ARTICLE VIII-G OF
THE ACT OF JUNE 13, 1967 (P.L.31, NO.21), KNOWN AS THE "HUMAN
SERVICES CODE," SHALL CONTINUE AND REMAIN IN EFFECT TO THE
EXTENT PERMITTED BY FEDERAL LAW. THE DEPARTMENT OF HUMAN
SERVICES SHALL TRANSMIT NOTICE TO THE LEGISLATIVE REFERENCE
BUREAU FOR PUBLICATION IN THE NEXT AVAILABLE ISSUE OF THE
PENNSYLVANIA BULLETIN UPON EXPIRATION OF THE ASSESSMENT. THE
ASSESSMENT SHALL REMAIN SUBJECT TO THE PROVISIONS OF ARTICLE
VIII-G OF THE "HUMAN SERVICES CODE."
SECTION 2343. NURSING FACILITY ASSESSMENT.--THE ASSESSMENT
AUTHORIZED IN ARTICLE VIII-A OF THE ACT OF JUNE 13, 1967
(P.L.31, NO.21), KNOWN AS THE "HUMAN SERVICES CODE," SHALL
CONTINUE AND REMAIN IN EFFECT TO THE EXTENT PERMITTED BY FEDERAL
LAW. THE DEPARTMENT SHALL TRANSMIT NOTICE TO THE LEGISLATIVE
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REFERENCE BUREAU FOR PUBLICATION IN THE NEXT AVAILABLE ISSUE OF
THE PENNSYLVANIA BULLETIN UPON EXPIRATION OF THE ASSESSMENT. THE
ASSESSMENT SHALL REMAIN SUBJECT TO THE PROVISIONS OF ARTICLE
VIII-A OF THE "HUMAN SERVICES CODE."
SECTION 2. SECTIONS 2301-A(3) AND (7)(I) AND 2802-E(A) OF
THE ACT ARE AMENDED TO READ:
Section 2301-A. Powers and duties.
The Department of Drug and Alcohol Programs shall have the
power and its duty shall be:
* * *
(3) In accordance with the State plan, to [allocate the
responsibility for all] collaborate and coordinate the
services, programs and other efforts provided for among the
appropriate departments, agencies and other State personnel.
The department, through its employees, shall have the power
and its duty shall be to [implement] promote compliance with
the provisions of the State plan and to coordinate all such
efforts.
* * *
(7) As follows:
(i) [To] Within 90 days of the effective date of
this subparagraph and by January 31 of each year
thereafter, to submit an annual report to the [General
Assembly which shall:] chairperson and minority
chairperson of the Health and Human Services Committee of
the Senate and the chairperson and minority chairperson
of the Human Services Committee of the House of
Representatives. The report shall, at a minimum :
(A) Specify the actions taken[,] and services
provided [and funds expended, including an
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evaluation], including services and programs provided
in accordance with paragraph (3), to expand
education, prevention, intervention, treatment and
recovery support programs across this Commonwealth,
including any evaluations of their effectiveness.
(B) Contain the current State plan.
(C) Contain the most recent quarterly
evaluations by the Department of Drug and Alcohol
Programs of the information specified under paragraph
(8.2)(i).
(D) Specify the actions taken in accordance with
section 2303-A.
(E) Specify money distributed and expended by
the Department of Drug and Alcohol Programs and other
appropriate departments, agencies and Commonwealth
employees for services, programs and other efforts
outlined in the State plan and in accordance with
paragraph (3).
(F) Contain evaluations of completed grant
programs using information reported to the Department
of Drug and Alcohol Programs by grantees, including
indicators used to measure performance and the
reported outcomes.
* * *
Section 2802-E. Surcharge and fee.
(a) Imposition.--
(1) The following apply:
(i) In addition to the fees imposed under 42 Pa.C.S.
§ 3733(a.1) (relating to deposits into account), a
surcharge of $10 shall be charged and collected by a
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division of the Unified Judicial System.
(ii) The additional surcharge under this paragraph
shall be deposited into the Judicial Department
Operations Augmentation Account established under section
1795.1-E(d) of the act of April 9, 1929 (P.L.343,
No.176), known as The Fiscal Code.
(iii) This paragraph shall expire [July 31, 2025]
December 31, 2027.
(2) The following apply:
(i) In addition to the fees imposed under 42 Pa.C.S.
§ 3733(a.1), a surcharge of $11.25 shall be charged and
collected by a division of the Unified Judicial System.
(ii) The surcharge under this paragraph shall be
deposited in the Judicial Department Operations
Augmentation Account established under section 1795.1-
E(d) of The Fiscal Code.
(iii) This paragraph shall expire [July 31, 2025]
December 31, 2027.
* * *
SECTION 3. REPEALS ARE AS FOLLOWS:
(1) THE GENERAL ASSEMBLY DECLARES THAT THE REPEAL UNDER
PARAGRAPH (2) IS NECESSARY TO EFFECTUATE THE ADDITION OF
SECTION 2339 OF THE ACT.
(2) SECTION 1601-O OF THE ACT OF APRIL 9, 1929 (P.L.343,
NO.176), KNOWN AS THE FISCAL CODE, IS REPEALED.
(3) THE GENERAL ASSEMBLY DECLARES THAT THE REPEAL UNDER
PARAGRAPH (4) IS NECESSARY TO EFFECTUATE THE ADDITION OF
SECTION 2340 OF THE ACT.
(4) SECTION 1602-O OF THE FISCAL CODE IS REPEALED.
(5) THE GENERAL ASSEMBLY DECLARES THAT THE REPEAL UNDER
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PARAGRAPH (6) IS NECESSARY TO EFFECTUATE THE ADDITION OF
SECTION 2343 OF THE ACT.
(6) SECTION 1606-T OF THE FISCAL CODE IS REPEALED.
SECTION 4. THE ADDITION OF SECTIONS 2339, 2340, 2341, 2342
AND 2343 SHALL BE RETROACTIVE TO JUNE 30, 2025.
Section 2 5. This act shall take effect immediately.
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