Pennsylvania HB 2477: An Act amending the act of July 10, 1981 (P.L.234, No.76), known as the Donated Food Limited Liability Act, further providing for donor immunity.

Bill Text

PRINTER'S NO. 3327
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2477
Session of
2026
INTRODUCED BY HANBIDGE, KINKEAD, McNEILL, SANCHEZ, WAXMAN,
TIBURCIO, MAYES, HILL-EVANS, POWELL, KHAN, OTTEN, BOROWSKI,
HOHENSTEIN, DOUGHERTY, CEPEDA-FREYTIZ, KENYATTA, STEELE, BOYD
AND INGLIS, APRIL 29, 2026
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 29, 2026
AN ACT
Amending Titles 40 (Insurance) and 42 (Judiciary and Judicial
Procedure) of the Pennsylvania Consolidated Statutes,
providing for behavioral health benefits for justice-involved
children; and, in juvenile matters, further providing for
definitions and for costs and expenses of care of child,
providing for mandatory intake conference and screening in
cases alleging delinquency and further providing for informal
adjustment and for powers and duties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 40 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 44
BEHAVIORAL HEALTH BENEFITS FOR
JUSTICE-INVOLVED CHILDREN
Sec.
4401. Definitions.
4402. Coverage for screenings, assessments and services.
§ 4401. Definitions.
The following words and phrases when used in this chapter
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shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Agreement with the Department of Human Services." As
defined in section 2102 of the act of May 17, 1921 (P.L.682,
No.284), known as The Insurance Company Law of 1921.
"Authorized representative." Any of the following:
(1) A person, including a behavioral health provider, to
whom a covered person or enrollee has given express written
consent to represent the covered person or enrollee in a
complaint, grievance, adverse benefit determination, internal
appeal or external review process.
(2) A person authorized by law to provide substituted
consent for a covered person or enrollee.
(3) A family member or behavioral health provider
involved in providing behavioral health services to a covered
person or enrollee if the covered person or enrollee is
incapacitated or unable to provide consent due to a medical
emergency or as necessary to prevent a serious and imminent
threat to the health or safety of the covered person or
enrollee.
"Behavioral health assessment." A face-to-face interview
with an individual that includes an evaluation of the behavioral
health, medical, psychological, social, vocational and
educational factors important to the individual.
"Behavioral health condition." Includes:
(1) A mental health condition.
(2) A substance use disorder.
"Behavioral health provider."
(1) Any of the following:
(i) A professional who specializes in the treatment
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and management of behavioral health conditions.
(ii) An individual who manages or supports
behavioral health conditions whether or not the
individual has a medical background.
(2) The term includes a psychologist, psychiatrist,
nurse, peer, patient navigator, therapist, substance use
disorder treatment and mental health counselor, recovery
coach, case worker, social worker, psychiatric aide or
technician or paraprofessional working in a psychiatric
rehabilitation or substance use recovery field.
"Behavioral health service." A covered treatment, admission,
procedure, medical supply or equipment or other service,
prescribed or otherwise provided or proposed to be provided by a
behavioral health provider to a covered person or enrollee for
the diagnosis, prevention, treatment, cure or relief of a
behavioral health condition under the terms of a health
insurance policy or an agreement with the Department of Human
Services.
"Covered person." As defined in section 2102 of The
Insurance Company Law of 1921.
"Enrollee." As defined in section 2102 of The Insurance
Company Law of 1921.
"Government program."
(1) The Commonwealth's medical assistance program
established under the act of June 13, 1967 (P.L.31, No.21),
known as the Human Services Code.
(2) The program for comprehensive health care for
uninsured children established under Article XXIII-A of The
Insurance Company Law of 1921.
"Health care service." As defined in section 2102 of The
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Insurance Company Law of 1921.
"Health insurance policy." As defined in section 2102 of The
Insurance Company Law of 1921.
"Insurer." As defined in section 2102 of The Insurance
Company Law of 1921.
"Mental health condition." A condition that involves changes
in thinking, mood or behavior that can make daily activities
difficult and impair an individual's ability to work, interact
with family and fulfill other major life functions.
"Screening." As defined in 42 Pa.C.S. § 6302 (relating to
definitions).
"Substance use disorder." A health condition characterized
by a cluste