Op-Ed: Setting the Record Straight

Over the past few weeks, my Senate colleagues have had to continually correct false and misleading statements regarding the recently passed Senate Bill 106. Sadly, the misrepresentations have continued, and it has become increasingly necessary for me as a sponsor of one of the bill’s amendments to join them in their efforts.

Senate Bill 106 consists of five different amendments to the Pennsylvania constitution with the subjects being the election of the Lieutenant Governor, legislative disapproval of regulations, voter ID, auditing of elections by the Auditor General, and taxpayer funding of abortions. 

These amendments become part of the Pennsylvania constitution if the legislature passes Senate Bill 106 in two consecutive legislative sessions followed by a majority of voters approving each of the amendments individually at the ballot box. 

To correct what has been reported in numerous media outlets, if this legislation is approved by voters, it would not be the result of undemocratic procedures and a General Assembly that was deaf to the will of the people. Rather, Senate Bill 106 gives the people of Pennsylvania a voice. It would be the most democratic and fair method for lawmaking that is available to us as citizens, as it requires both representative democracy when our legislature votes on the amendment and direct democracy where the people get the final say at the ballot box.  

There have been many falsehoods circulating about what the amendments would do. The most egregious are the reports on the amendment relating to abortion. 

For background, Allegheny Reproductive Health Center is suing the Commonwealth of Pennsylvania, arguing that there is a right to abortion in our Constitution. This is despite previous court precedent and state and federal law that indicate otherwise. This “right” they are asking the court to find would apply to all nine months of pregnancy and would force taxpayers to pay for abortions.

The amendment would simply preserve the status quo, keeping the fate of abortion policy out of the hands of the courts and in the hands of those who are accountable to the people, their elected representatives in the legislature. 

There have been claims that the amendment is an abortion ban. This is completely false. Unfortunately, the falsehoods don’t stop there. Some have reported that if this amendment goes into effect, people’s ability to use in vitro fertilization (IVF) treatments will be at risk. Others state that ectopic pregnancies will be forced to term regardless of if doing so would kill the mother, or that D&C procedures will be outlawed, forcing those who have miscarriages to risk serious infection and disease. None of those statements are true.    

Here are the facts. Should the abortion provision of Senate Bill 106 be approved by the voters, Pennsylvanians will continue to have a statutory right to an abortion under Pennsylvania’s Abortion Control Act. That Act would remain in place and unchanged.  Medicaid will continue to cover both non-elective abortions and voluntary abortions involving cases of rape or incest but will still withhold funding for all other elective instances. IVF, ectopic pregnancies, and D&C procedures would be allowed under the same rules that exist today, and doctors will continue to save women’s lives in the event of life-threatening complications during pregnancy.  

With Senate Bill 106, the fate of abortion law in Pennsylvania will be left up to the people’s elected representatives through the legislative process. Policymaking on abortion will be taken out of the hands of the courts and placed exactly where it belongs; in the hands of the people, first through a ballot referendum and then through their elected officials.  

Our job as elected representatives is to create public policy that represents the will of the people. I can think of no better way to do that than by putting these issues in front of the voters through Senate Bill 106.

Ward Bill Loosening Restrictions on Ambulatory Surgical Centers Becomes Law

HARRISBURG – Pennsylvania’s ambulatory surgical centers (ASCs) will soon offer outpatient procedures that were, for decades, bound by bureaucratic red tape, Sen. Judy Ward (R-30) announced.

“Medical technology has advanced tremendously over the years and these surgery centers are now able to perform countless surgeries in a safe and efficient way,” said Ward. “This bill will increase healthcare access, lower costs, and is a win for patients and providers.”

Senate Bill 818, sponsored by Ward, updates Pennsylvania’s interpretation and application of onerous and antiquated regulations that require ASCs to seek special authorization to perform certain outpatient procedures that have been deemed safe by the Centers for Medicare and Medicaid (CMS) for more than 15 years.

This waiver process took as long as two years to complete and raised costs for providers while limiting patients’ access to care and freedom of choice. The legislation will remove this requirement for surgical procedures permitted under federal and state laws, while revising it for those not on CMS’s approved list to make the process shorter and more transparent.

The bill now awaits the governor’s signature.

CONTACT: Nathan Akers, 717-787-2421

Senate Approves Ward’s Pro-Life Constitutional Amendment

HARRISBURG – The Pennsylvania Senate approved a constitutional amendment today that protects the right of voters and their elected officials to determine the state’s abortion laws, Sen. Judy Ward (R-30) said.

“This legislation preserves critical checks and balances,” said Ward. “State law regarding such an important issue as this should not be made by unelected judges. This legislation guarantees that the job of making abortion policy will stay in the hands of the people’s elected representatives.” 

Senate Bill 106 reaffirms that Pennsylvania’s Constitution grants no right to taxpayer funding for abortion or any other right relating to abortion. If passed by the General Assembly next legislative session, the amendment would be presented to voters for final approval.

“To no one’s surprise, this issue has elicited pushback from abortion rights activists who wield passionate and misleading rhetoric to convince people that my bill will lead to widespread bans on abortion,” Ward said. “Nothing could be further from the truth.”

In 1985, the Pennsylvania Supreme Court held that the state constitution does not require taxpayer funding of abortions, in line with federal precedent.

If the amendment language is approved by the voters, this won’t change. The Abortion Control Act will remain the law as well. The language does not ban abortions, but rather ensures that abortion policy in Pennsylvania is made by the people’s elected representatives.

The legislation now goes to the House of Representatives for a vote. If approved, it will await potential consideration next legislative session.

CONTACT: Nathan Akers, 717-787-2421

Public Hearing on State contract with Credentia providing testing for Certified Nurse Aides

Senate Health and Human Services Committee

Tuesday, June 21, 2022 | 10:00 a.m.

North Office Building, Hearing Room 1

AGENDA

Public Hearing on State contract with Credentia providing testing for Certified Nurse Aides

Schedule

10:30 – Opening Remarks

  • Senator Michele Brooks, Majority Chair, Health & Human Services
  • Senator Maria Collett, Minority Chair, Aging & Youth
  • Senator Art Haywood, Minority Chair, Health & Human Services

10:40 – Panel

  • Jennifer Mankowski, BSN, RN
    Executive VP Program Management & Development, Credentia – Testimony
  • Zach Shamberg
    President & CEO, Pennsylvania Health Care Association (PHCA) – Testimony
  • Kerri Kubalak
    DCW Heroes Program Manager, Central Susquehanna Intermediate Unit (CSIU) – Testimony
  • Zach Zobrist
    Director of Workforce Development, SEIU Healthcare Pennsylvania – Testimony

11:00 – Questions and Open Discussion

11:30 – Recess to the Call of the Chair

Additional Testimony

Department of Human Services, Department of Health and Department of Education – Joint Testimony

Meeting to consider SB 1227, SB 1229, HB 2426

Senate Aging and Youth Committee

Tuesday, June 14, 2022 | 11:00 a.m.

Main Capitol, Room 461

Agenda

Meeting to consider SB 1227, SB 1229, HB 2426

Schedule

  • SB 1227 (BAKER): Amends Act 21 of 1967, the Human Services Code, to make its mandates covering the provision of services for dependent and delinquent juveniles consistent with those of the Juvenile Act.
    • Amendment A04740 (BAKER): Makes technical changes to the bill. 
  • SB 1229 (BAKER): Amends Act 21 of 1967, the Human Services Code, to add the cost of counsel to the list of costs for which the Department of Human Services is to reimburse counties in juvenile proceedings.
  • HB 2426 (HICKERNELL): Amends Title 67 (Public Welfare) of Pennsylvania Consolidated Statutes by incorporating the provisions of Act 68 of 2005, the Resource Family and Adoption Process Act, and Act 73 of 2005, the Resource Family Care Act. The Department of Human Services is directed to promulgate regulations to ensure compliance. 

Ward: Senate Approves Frozen Dessert Law Update

HARRISBURG – The Senate approved legislation today that rolls back a burdensome monthly testing requirement in the Frozen Dessert Law, Senator Judy Ward (R-30) announced.

Ward sponsored Senate Bill 960 after a business in her district explained how costly, duplicative and outdated the mandate is for frozen dessert licensees, who must test for bacteria in dessert samples each month under the 1965 law. More than 2 million tests have been performed over the last five decades and not one has uncovered an issue, Ward said.

“This bill is long overdue,” said Ward.  “A long time has passed since the Frozen Dessert Law was enacted, and now there are countless federal and state food safety laws and regulations.  It is time we lessen these unnecessary testing burdens from our food manufacturers and small businesses.”

The bill would reduce the testing requirement to once a year, which will be sufficient with current food safety practices and align with restaurant license and inspection requirements under the Retail Food Facility Safety Act.

The legislation will now receive consideration in the House of Representatives.

CONTACT: Nathan Akers, 717-787-2421

Fairness in Women’s Sports News Conference Set for Tuesday, June 7

WHAT: Members of the House and Senate, along with the Pennsylvania Family Institute, held a press conference on Tuesday, June 7, to discuss the Fairness in Women’s Sports Act.  Introduced as Senate Bill 1191 by Sens. Judy Ward (R-30) and Kristin Phillips-Hill (R-28) and House Bill 972 by Reps. Barb Gleim (R-199), Martina White (R-170), Dawn Keefer (R-92), Valerie Gaydos (R-44), and Stephanie Borowicz (R-76), the legislation proposes that school athletic teams designated for women should not be open to those of the male sex. The legislation defines “sex” as the biological distinction between male and female, based on reproductive biology and genetic make-up.

WHO:  Sen. Judy Ward, other members of the Senate and House, and the Pennsylvania Family Institute

WHERE:  Main rotunda of the Capitol building

WHEN:  Tuesday, June 7, at 2:00 p.m.

CONTACT:  Nathan Akers, 717-787-5490

Meeting to consider HB 1731, HB 1866, and HB 2214

Senate Aging and Youth Committee

Wednesday, June 8, 2022 | 10:30 a.m.

East Wing, Hearing Room 8E-B

Agenda

Meeting to consider HB 1731, HB 1866, and HB 2214

Schedule

  • HB 1731 (MIZGORSKI): Directs the Joint State Government Commission to establish the Pennsylvania Advisory Committee on Greater Father Involvement within the Commission.
  • HB 1866 (BOBACK): Amends Title 42 (Judiciary) and Title 67 (Public Welfare) of Pennsylvania Consolidated Statutes to enhance permanency planning and improve outcomes for older youth in the foster care system. The bill clarifies the expectations that services, including counseling, must meet. The goal is to ensure that these services are effective in the development and support of permanency goals for youth in the system. It codifies practices from various statutory and court procedural sources to update and improve the foster system, particularly for older youths. It also makes editorial and organizational changes to Title 67.
  • HB 2214 (KLUNK): Adds a new section to Title 67 (Public Welfare) of Pennsylvania Consolidated Statutes that renders unenforceable certain indemnification clauses in government contracts between county children and youth agencies and entities that provide children and youth services regulated under Title 55, Part V of the Pennsylvania Code.

 

***MEDIA ADVISORY*** Fairness in Women’s Sports News Conference Set for Tuesday, June 7

WHAT: Members of the House and Senate, along with the Pennsylvania Family Institute, will hold a press conference on Tuesday, June 7, to discuss the Fairness in Women’s Sports Act.  Introduced as Senate Bill 1191 by Sens. Judy Ward (R-30) and Kristin Phillips-Hill (R-28) and House Bill 972 by Reps. Barb Gleim (R-199), Martina White (R-170), Dawn Keefer (R-92), Valerie Gaydos (R-44), and Stephanie Borowicz (R-76), the legislation proposes that school athletic teams designated for women should not be open to those of the male sex. The legislation defines “sex” as the biological distinction between male and female, based on reproductive biology and genetic make-up.

The event is open to the media and will be livestreamed at https://www.pasenategop.com/blog/news-conf-060722/

WHO:  Sen. Judy Ward, other members of the Senate and House, and the Pennsylvania Family Institute

 

WHERE:  Main rotunda of the Capitol building

 

WHEN:  Tuesday, June 7, at 2:00 p.m.

 

CONTACT:  Nathan Akers, 717-787-5490

Meeting to consider SR 288

Senate Aging and Youth Committee

May 24, 2022 | 11 a.m.

Main Capitol, Room 461

Agenda

Meeting to consider SR 288

Schedule

  • SR 288, sponsored by Senator Judy Ward, directs the Joint State Government Commission to conduct a study of the wage rates for staff and contract nurses, as well as the rates charged by staffing agencies to provide those nurses. It will also look at the increase in wages from 2018 through today and measure it against the rate of inflation. The ratio of staff nurses to contract nurses will also be studied, as well as whether the facilities experienced an increase in the need for staff members with specific expertise or certification. The study is to be completed and submitted to the Senate within seven months.
    • Amendment A04225 (Collett) This amendment expands the study by directing the Joint State Government Commission to study wage rates for nursing facility administrators; any increase in wages paid to nursing facility administrators as compared to the nation’s inflation rate from 2018 through today; payments made by facilities to any corporate-related entities, including any parent or subsidiary corporation with a direct or indirect controlling in the facility’s operation; rent payments owed by facilities and increases in rents paid from 2018 through today, including whether the rent payments were made to a corporation or an entity related to the shareholders of the long-term care facility; and an analysis of changes in rent payments by the long-term care facility as compared to the national trends in rent increases over the same time period.