PA Capitol Digest Blog

February 15, 2011

House Passes Gaming Integrity, Veterans, Restaurant Bills

The state House took action today to strengthen the integrity of the state's gaming law, delineate state office building restaurant inspection authority, and ensure veteran representation on the state Civil Service Commission, House Majority Leader Mike Turzai (R-Allegheny County) said today.
"Pennsylvanians must believe their government is effective, efficient, and accountable, and we think these bills will help bring that about," Turzai said. "These government reform bills are part of a larger package that is the strongest set of reforms in more than 25 years."
Gaming it Right -- Background Investigations and Commissioner Integrity
For the past two legislative sessions, starting with the House Republican Policy Committee, House Republicans have been working to reform the state law that legalized casino gambling in the Commonwealth. Today, the House debated and voted bills aimed at fixing two clearly identified problems with the state's Race Horse Development and Gaming Act.
"Our aim is to restore integrity to the state's gaming industry. These bills are about the public's interest versus various individual interests... and these bills protect the public's interest," Turzai said.
Some of the investigatory problems under the Pennsylvania Gaming Control Board (PGCB) include:
-- Licensing several vendors who were convicted felons.
-- Granting a license to an operator who did not have the financial means to hold a license.
-- Licensing the owner of the proposed Foxwoods Casino in Philadelphia who was being sued in Connecticut for alleged non-payment on a $5.2 million loan for the casino he operated in that state. The owner, in countering the charge, has reportedly called (in court papers) the loan a bribe.
-- Ordering the investigators at BIE to change a background report of a licensee ultimately indicted by a grand jury.
The first gaming reform bill adopted by the House removes the Bureau of Investigations and Enforcement (BIE) from the PGCB and transfers it to the Office of Attorney General. This is a move that was supported by former Gov. Ed Rendell and is now supported by Gov. Tom Corbett, the auditor general, district attorneys, law enforcement and numerous editorial writers across the state.
The second gaming reform bill to pass today is the Gaming Control Board Membership Restriction Act. HB-391 prohibits a legislator or executive-level public employee from being appointed to the PGCB during their term or time of employment and for a period of one year after.
"Our goal is simply to ensure integrity in the gaming industry and make certain the public trusts the state's oversight of the gaming industry," Turzai said. "We believe appointments should be made based on the person's abilities as a regulator, not based on their personal political connections."
Capitol Standards, Better and Consistent Inspections
The House passed a bill to clarify the licensing and inspection authority for restaurants in the state Capitol and other state office buildings. For years, the Capitol cafeteria served thousands of patrons daily, yet apparently went uninspected. In 2009, during a courtesy inspection by the state Department of Agriculture, 54 violations were discovered, including numerous instances of mouse droppings. HB-303 ensures restaurants operating in state facilities are complying with the same standards as other restaurants.
Veteran Perspective
Past court cases and an auditor general report have shown a need for a veterans' advocate within the Civil Service system. HB-378 requires at least one member of the three-member Civil Service Commission be a veteran.
"The Pennsylvania House is under new management and debating bills which are important to the integrity of government and to the people of Pennsylvania," Turzai said.
The following bills were adopted by the state House this week:

House Bill 38 (Caltagirone-D-Berks) Makes technical corrections to a law addressing filing fees for cases before Magisterial District Judges and the Philadelphia Municipal Court. Vote: 197-0

House Bill 67 (Schroder-R-Chester) Prohibits simulcasting of greyhound races. Vote: 200-0

House Bill 143 (Major-R-Susquehanna) Changes the state's Clean and Green initiative by rolling back preferential assessments on small non-coal surface mines. Vote: 148-52

House Bill 262 (Vereb-R-Montgomery) Moves the Gaming Control Board's Bureau of Investigations and Enforcement to the Attorney General's office. Vote: 126-72

House Bill 303 (Brooks-R-Crawford) Clarifies licensing and inspection authority for restaurants in state office buildings. This issue was brought to light due to the mouse droppings at the Capitol cafeteria last year. Vote: 197-0

House Bill 345 (Petri-R-Bucks) Provides for Honor Guard burial details at the Washington Crossing National Cemetery. Vote: 200-0

House Bill 378 (Marsico-R-Dauphin) Requires at least one member of the Civil Service Commission to be a veteran. Vote: 199-1

House Bill 391 (Rep. Rob Kauffman, R-Cumberland/Franklin counties): Restricts the appointment of legislators and executive level public employees to the Gaming Control Board during their term of office/employment and one year thereafter. Vote: 189-8

Corbett Announces Changes To Abortion Clinic Oversight

Saying the state failed to properly oversee a Philadelphia abortion clinic at which one woman died and others were seriously injured, Governor Tom Corbett today announced sweeping changes in the two departments responsible.
"This doesn't even rise to the level of government run amok. It was government not running at all. To call this unacceptable doesn't say enough. It's despicable,'' Corbett said.
On Corbett's first full day in office, a Philadelphia County grand jury report was released to the public, revealing the horrors found inside the Women's Medical Society, a clinic run by Dr. Kermit Gosnell.
At least two women died as a result of botched late-term abortions, according to the grand jury report, some babies were born alive and then killed by having their spinal cords snipped by scissors and untrained personnel performed medical procedures, sometimes using unsterilized implements that spread venereal disease from patient to patient.
Gosnell and several employees have been charged with murder and numerous other offenses in the case.
In addition to the gruesome description of the clinic, the grand jury also revealed that complaints about unsafe and unsanitary conditions went unheeded for more than a decade until drug investigators finally put a stop to the business in February 2010.
"It will be up to a jury to decide Dr. Gosnell's guilt or innocence. It is up to me to decide how to stop such horrors from taking place again,'' Corbett said.
After receiving the report, Corbett ordered his nominees for Secretary of Health, Dr. Eli Avila, and Secretary of State, Carole Aichele, to review the grand jury's recommendation, identify the problems and come up with a plan of action to change the system that failed these women.
And, Corbett ordered that the people responsible be held accountable.
Seven individuals - employees from the Department of Health, as well as the Bureau of Professional and Occupational Affairs, a branch of the Department of State – are no longer employed by the state, having either resigned or been terminated since the situation came to light, Corbett said. In addition, four other former employees named in the grand jury investigation had previously resigned.
In addition, Corbett today announced changes in the Department of Health and Department of State, including new controls and conditions designed to protect the health and safety of women who use these facilities in the future.
Corbett also outlined some of the specific changes in each department.
At the Department of State:
-- All complaints concerning a person or facility should be assigned to the same attorney. This will ensure proper management of each specific case.
-- All attorneys will cross check all files, opened or closed, with other staff attorneys to ensure that any patterns of misconduct do not go unnoticed.
-- Reports will be more detailed, including history of any prior complaints or violations.
-- Attorneys will receive formal training on investigative procedures and instruction on rules and regulations, including prosecuting complaints.
At the Department of Health:
-- Abortion clinics will now be held to a higher standard. Inspectors will come from the Division of Acute and Ambulatory Care, which is also responsible for inspecting Pennsylvania's hospitals and out-patient surgery facilities. Registered nurses from the Department of Health will be trained to inspect these types of facilities for quality assurance and enforce regulations.
-- All facilities will be inspected annually. Additional random inspections will be done unannounced, including weekends and evenings.
-- Abortion facilities will be added to the same Department of Health computer system used to monitor hospitals and other medical facilities. This will make sure inspections are done in a timely fashion and standards are met. The computerized system will also track complaints, serious events and investigations.
-- Inspection reports will be posted and searchable on the Department of Health website, just like other healthcare facilities.
-- If inspectors find a deficiency, plans of correction will be required within 10 days, submitted online and automatically be made available to the public on the department's website. Failure to comply will result in another on-site inspection. Failure to file a second plan of correction within a second 10-day period will result in an immediate suspension for the facility.
-- Any facility that fails to report a serious incident – either to the state or the patient - will be fined up to $1,000 a day from the time of the serious event until the time the report is made. (A "serious event" is when a patient receives some level of harm, ranging from a minor, temporary injury to death, requiring additional health care treatment.)
-- All serious events at abortion facilities will be reviewed within 48 hours by a physician and an on-site investigation will be conducted within five business days.
-- Abortion clinics will be subject to the same complaint process as hospitals and other medical facilities in Pennsylvania.
-- Abortion clinics will prominently display a poster with a 24-hour toll free number to the complaint line. Posters will be in English and Spanish. Any facility that fails to display the complaint information will be subject to possible suspension.
-- Complaints will be taken from any source, entered into the computer system and assigned to the field office inspector, as they do for hospitals and surgical facilities. All complainants will receive a letter of acknowledgement and a follow-up letter after the investigation.
-- All new abortion providers will be required to attend training on the state's rules and regulations. All hospitals will be trained about reporting complications from abortions.
Together, the two departments will:
-- Establish a set mechanism for sharing monthly data between agencies, including complaints, serious events, complications, deaths and investigations.
-- Establish a process for joint investigations by agencies, including time frames and responsibilities.
-- The Governor's Office will continue, along with the departments of Health and State, to monitor the situation to decide whether additional action, either regulatory or legislative, is necessary.

PANPHA Releases Latest Print, Video Blogs

PANPHA today released its latest print and video blogs discussing the future of senior care in Pennsylvania. The video blog features a one-on-one interview with state Rep. Pamela A. DeLissio of Montgomery County and Philadelphia and footage from PANPHA's annual legislative breakfast in Harrisburg. Rep. DeLissio is a former board member of PANPHA.
The print blog is authored by PANPHA President and CEO Ron Barth and discusses the upcoming challenges with the 2011-12 state budget, while offering some guidance on senior care issues.
PANPHA will release the blogs on its Web site, YouTube channel, Facebook page and Twitter feed.
Links can be found at the following:
-- Website: www.panpha.org
-- Twitter: http://www.twitter.com/panpha
-- YouTube: http://www.youtube.com/panphatv
-- Facebook: http://facebook.com/PANPHA.FB
About PANPHA
PANPHA represents more than 360 nonprofit members that provide the full continuum of long-term living services, including home-based care services, long-term care nursing facilities, personal care homes, housing providers and continuing care retirement communities.