HB 2477 — 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.

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
 1   Amending Titles 40 (Insurance) and 42 (Judiciary and Judicial
 2      Procedure) of the Pennsylvania Consolidated Statutes,
 3      providing for behavioral health benefits for justice-involved
 4      children; and, in juvenile matters, further providing for
 5      definitions and for costs and expenses of care of child,
 6      providing for mandatory intake conference and screening in
 7      cases alleging delinquency and further providing for informal
 8      adjustment and for powers and duties.
 9      The General Assembly of the Commonwealth of Pennsylvania
10   hereby enacts as follows:
11      Section 1.    Title 40 of the Pennsylvania Consolidated
12   Statutes is amended by adding a chapter to read:
13                                 CHAPTER 44
14                      BEHAVIORAL HEALTH BENEFITS FOR
15                          JUSTICE-INVOLVED CHILDREN
16   Sec.
17   4401.   Definitions.
18   4402.   Coverage for screenings, assessments and services.
19   § 4401.   Definitions.
20      The following words and phrases when used in this chapter
 1   shall have the meanings given to them in this section unless the
 2   context clearly indicates otherwise:
 3      "Agreement with the Department of Human Services."       As
 4   defined in section 2102 of the act of May 17, 1921 (P.L.682,
 5   No.284), known as The Insurance Company Law of 1921.
 6      "Authorized representative."     Any of the following:
 7          (1)     A person, including a behavioral health provider, to
 8      whom a covered person or enrollee has given express written
 9      consent to represent the covered person or enrollee in a
10      complaint, grievance, adverse benefit determination, internal
11      appeal or external review process.
12          (2)     A person authorized by law to provide substituted
13      consent for a covered person or enrollee.
14          (3)     A family member or behavioral health provider
15      involved in providing behavioral health services to a covered
16      person or enrollee if the covered person or enrollee is
17      incapacitated or unable to provide consent due to a medical
18      emergency or as necessary to prevent a serious and imminent
19      threat to the health or safety of the covered person or
20      enrollee.
21      "Behavioral health assessment."       A face-to-face interview
22   with an individual that includes an evaluation of the behavioral
23   health, medical, psychological, social, vocational and
24   educational factors important to the individual.
25      "Behavioral health condition."       Includes:
26          (1)     A mental health condition.
27          (2)     A substance use disorder.
28      "Behavioral health provider."
29          (1)     Any of the following:
30                (i)   A professional who specializes in the treatment

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 1          and management of behavioral health conditions.
 2                (ii)    An individual who manages or supports
 3          behavioral health conditions whether or not the
 4          individual has a medical background.
 5          (2)   The term includes a psychologist, psychiatrist,
 6      nurse, peer, patient navigator, therapist, substance use
 7      disorder treatment and mental health counselor, recovery
 8      coach, case worker, social worker, psychiatric aide or
 9      technician or paraprofessional working in a psychiatric
10      rehabilitation or substance use recovery field.
11      "Behavioral health service."      A covered treatment, admission,
12   procedure, medical supply or equipment or other service,
13   prescribed or otherwise provided or proposed to be provided by a
14   behavioral health provider to a covered person or enrollee for
15   the diagnosis, prevention, treatment, cure or relief of a
16   behavioral health condition under the terms of a health
17   insurance policy or an agreement with the Department of Human
18   Services.
19      "Covered person."     As defined in section 2102 of The
20   Insurance Company Law of 1921.
21      "Enrollee."      As defined in section 2102 of The Insurance
22   Company Law of 1921.
23      "Government program."
24          (1)   The Commonwealth's medical assistance program
25      established under the act of June 13, 1967 (P.L.31, No.21),
26      known as the Human Services Code.
27          (2)   The program for comprehensive health care for
28      uninsured children established under Article XXIII-A of The
29      Insurance Company Law of 1921.
30      "Health care service."      As defined in section 2102 of The

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 1   Insurance Company Law of 1921.
 2      "Health insurance policy."     As defined in section 2102 of The
 3   Insurance Company Law of 1921.
 4      "Insurer."     As defined in section 2102 of The Insurance
 5   Company Law of 1921.
 6      "Mental health condition."     A condition that involves changes
 7   in thinking, mood or behavior that can make daily activities
 8   difficult and impair an individual's ability to work, interact
 9   with family and fulfill other major life functions.
10      "Screening."     As defined in 42 Pa.C.S. § 6302 (relating to
11   definitions).
12      "Substance use disorder."     A health condition characterized
13   by a cluster of cognitive, behavioral and physiological symptoms
14   that describe an individual's compulsive use of a substance
15   despite significant adverse problems associated with the use.
16      "Treatment plan."     An individualized plan of treatment as
17   described in section 107 of the act of July 9, 1976 (P.L.817,
18   No.143), known as the Mental Health Procedures Act, which
19   imposes the least restrictive alternative consistent with
20   affording an individual adequate and appropriate treatment for
21   the individual's condition.
22   § 4402.    Coverage for screenings, assessments and services.
23      (a)    Coverage required.--On or after the effective date of
24   this subsection, the following shall provide coverage for
25   screenings, behavioral health assessments and behavioral health
26   services in conjunction with procedures under 42 Pa.C.S. §§ 6320
27   (relating to mandatory intake conference and screening in cases
28   alleging delinquency), 6323 (relating to informal adjustment)
29   and 6340 (relating to consent decree):
30             (1)   A health insurance policy offered, issued or renewed

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 1      in this Commonwealth to a covered person.
 2            (2)   A government program to an enrollee.
 3      (b)   Limitations.--Coverage under this section shall be
 4   subject to copayment, deductible and coinsurance provisions and
 5   any other general exclusions or limitations of a health
 6   insurance policy or government program to the same extent as
 7   other health care services covered by the policy or program are
 8   subject to these provisions.
 9      (c)   Contract required.--An insurer shall be required to
10   contract with and accept as a participating provider behavioral
11   health providers within its service area and enrolled in the
12   Commonwealth's medical assistance program that agree to accept
13   the payment levels, terms and conditions applicable to the
14   insurer's other participating providers for behavioral health
15   services.
16      (d)   Treatment plan review.--An insurer may review a
17   treatment plan once every six months, subject to the insurer's
18   utilization review requirements, including case management,
19   concurrent review and other managed care provisions. The insurer
20   and behavioral health provider developing the treatment plan may
21   agree upon a more or less frequent review.
22      (e)   Review of denial.--
23            (1)   Upon denial or partial denial by an insurer of a
24      claim for a screening, behavioral health assessment or
25      behavioral health service under this section, a covered
26      person or authorized representative shall be entitled to an
27      expedited internal review process in accordance with Article
28      XXI of the act of May 17, 1921 (P.L.682, No.284), known as
29      The Insurance Company Law of 1921, followed by an expedited
30      independent external review process, which the Insurance

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 1      Department shall establish and administer.
 2            (2)   An insurer, covered person or authorized
 3      representative may appeal to a court of competent
 4      jurisdiction a decision following the expedited independent
 5      external review process that provides for the denial or
 6      partial denial by an insurer of a claim for a screening,
 7      behavioral health assessment or behavioral health service
 8      under this section. Pending a ruling of the court, the
 9      insurer shall pay for the screening, behavioral health
10      assessment or behavioral health service that has been
11      authorized or ordered.
12      (f)     Rules and regulations.--The Insurance Commissioner may
13   establish rules and the Insurance Department may promulgate
14   regulations as may be necessary or appropriate to implement and
15   administer this chapter.
16      (g)     Reports.--No later than January 1, 2029, and on each
17   January 1 thereafter, each insurer shall make a report to the
18   Insurance Department, in a form and manner as determined by the
19   Insurance Department, to evaluate the implementation of this
20   section.
21      (h)     Construction.--This section shall not be construed to
22   limit benefits that are otherwise available to an individual
23   under a health insurance policy or government program.
24      (i)     Applicability.--This section shall apply as follows:
25            (1)   For health insurance policies for which either rates
26      or forms are required to be filed with the Federal Government
27      or the Insurance Department, this section shall apply to
28      policies for which a form or rate is first filed on or after
29      the effective date of this paragraph.
30            (2)   For health insurance policies for which neither

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 1      rates nor forms are required to be filed with the Federal
 2      Government or the Insurance Department, this section shall
 3      apply to policies issued or renewed on or after 180 days
 4      after the effective date of this paragraph.
 5      Section 2.   The definitions of "child" and "screening" in
 6   section 6302 of Title 42 are amended and the section is amended
 7   by adding definitions to read:
 8   § 6302.    Definitions.
 9      The following words and phrases when used in this chapter
10   shall have, unless the context clearly indicates otherwise, the
11   meanings given to them in this section:
12      * * *
13      "Behavioral health assessment."      As defined in 40 Pa.C.S. §
14   4401 (relating to definitions).
15      "Behavioral health condition."      As defined in 40 Pa.C.S. §
16   4401.
17      "Behavioral health provider."       As defined in 40 Pa.C.S. §
18   4401.
19      "Behavioral health service."     As defined in 40 Pa.C.S. §
20   4401.
21      * * *
22      "Child."   An individual who:
23           (1)   is under the age of 18 years;
24           (2)   is under the age of 21 years who committed an act of
25      delinquency before reaching the age of 18 years; or
26           (3)   is under the age of 21 years and was adjudicated
27      dependent before reaching the age of 18 years, who has
28      requested the court to retain jurisdiction and who remains
29      under the jurisdiction of the court as a dependent child
30      because the court has determined that the child is:

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 1                 (i)    completing secondary education or an equivalent
 2             credential;
 3                 (ii)     enrolled in an institution which provides
 4             postsecondary or [vocational] career and technical
 5             education;
 6                 (iii)     participating in a program actively designed
 7             to promote or remove barriers to employment;
 8                 (iv)     employed for at least 80 hours per month; or
 9                 (v)    incapable of doing any of the activities
10             described in subparagraph (i), (ii), (iii) or (iv) due to
11             a medical or behavioral health condition, which is
12             supported by regularly updated information in the
13             permanency plan of the child.
14      * * *
15      "Screening."        A process, regardless of whether it includes
16   the administration of a formal instrument, that is designed to
17   identify a child who is at increased risk of having mental
18   health, substance abuse or co-occurring mental health and
19   substance abuse disorders that warrant immediate attention,
20   intervention or more comprehensive assessment. The term includes
21   a behavioral health assessment.
22      * * *
23      "Substance abuse disorder."        As the term "substance use
24   disorder" is defined in 40 Pa.C.S. § 4401.
25      Section 3.       Section 6306 of Title 42 is amended to read:
26   § 6306.    Costs and expenses of care of child.
27      (a)    Payment for care.--The costs and expenses of the care of
28   the child shall be paid as provided by sections 704.1 and 704.2
29   of the act of June 13, 1967 (P.L.31, No.21), known as the
30   ["Public Welfare Code."] Human Services Code.

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 1      (b)    Payment for behavioral health matters.--The costs and
 2   expenses of screenings, behavioral health assessments and
 3   behavioral health services in conjunction with procedures
 4   developed in accordance with sections 6320 (relating to
 5   mandatory intake conference and screening in cases alleging
 6   delinquency), 6323 (relating to informal adjustment) and 6340
 7   (relating to consent decree) shall be paid as provided under 40
 8   Pa.C.S. Ch. 44 (relating to behavioral health benefits for
 9   justice-involved children).
10      Section 4.    Subchapter B of Chapter 63 of Title 42 is amended
11   by adding a section to read:
12   § 6320.   Mandatory intake conference and screening in cases
13                alleging delinquency.
14      (a)    Requirement.--In all cases alleging delinquency, a
15   juvenile probation officer shall conduct an intake conference
16   following the submission of a written allegation and before a
17   petition for delinquency is filed under section 6334 (relating
18   to petition).
19      (b)    Screening.--At the intake conference, or at any time
20   before a petition for delinquency is filed, the probation
21   officer of the child alleged to be delinquent or other officer
22   designated by the court shall conduct a screening approved by
23   the Juvenile Court Judges' Commission under section 6373
24   (relating to powers and duties), to determine whether a
25   behavioral health assessment would be in the best interest of
26   the public and the child. If the probation officer determines
27   that a behavioral health assessment is in the best interest of
28   the public and the child, the probation officer or other
29   designated officer shall refer the child and the child's parent,
30   guardian or other custodian to a public or private social agency

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 1   to conduct a behavioral health assessment as provided for under
 2   section 6323(a.1) (relating to informal adjustment).
 3      Section 5.     Section 6323(a)(2) of Title 42 is amended and the
 4   section is amended by adding subsections to read:
 5   § 6323.    Informal adjustment.
 6      (a)    General rule.--
 7             * * *
 8             (2)   Similarly, the probation officer may in the case of
 9      [a delinquent child, or] a dependent child where the
10      jurisdiction of the court is permitted under paragraph (6) of
11      the definition of "dependent child" in section 6302, refer
12      the child and his parents to an agency for assisting in the
13      matter.
14             * * *
15      (a.1)    Behavioral health assessments.--Except as provided
16   under subsection (a.2), upon receipt of a referral under section
17   6320(b) (relating to mandatory intake conference and screening
18   in cases alleging delinquency), the receiving public or private
19   social agency shall indicate whether the agency will accept the
20   child and perform a behavioral health assessment and shall
21   report back to the referring officer within three months of
22   receipt of the referral concerning the status of the referral.
23   If a receiving agency accepts the child, the following apply:
24             (1)   Prior to conducting the behavioral health
25      assessment, the agency shall obtain the consent of the child
26      and the child's parent, guardian or other custodian.
27             (2)   Except as provided in paragraph (3), the agency
28      shall complete the behavioral health assessment within 30
29      days of receipt of the consents under paragraph (1).
30             (3)   Notwithstanding paragraph (2), if a behavioral

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 1    health assessment has been completed within the prior six
 2    months, the agency shall provide the referring officer with
 3    the report and recommendations from prior assessments.
 4        (4)   If the behavioral health assessment conducted under
 5    this subsection reveals that the child has complex behavioral
 6    health needs and is at risk of placement away from the
 7    child's parent, guardian or other custodian, or is already
 8    involved in multiple service systems, the agency shall refer
 9    the child and the child's parent, guardian or other custodian
10    for behavioral health services.
11        (5)   Following the behavioral health assessment, the
12    agency shall prepare a report with recommendations. The
13    report:
14              (i)    Shall be provided to the following:
15                     (A)   The child.
16                     (B)   The child's parent, guardian or other
17              custodian.
18                     (C)   The child's attorney.
19                     (D)   The referring officer.
20              (ii)    Must include:
21                     (A)   The agency's specific recommendation
22              regarding whether a petition alleging delinquency
23              should be filed and what process would be in the best
24              interest of the public and the child.
25                     (B)   Any recommendations for the treatment of a
26              behavioral health condition.
27                     (C)   Whether the agency referred the child for
28              behavioral health services.
29        (6)   Unless the child, following consultation with the
30    child's attorney, gives consent, the report and related

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 1    documents, records and statements made by the child or others
 2    providing information for the purpose of a behavioral health
 3    assessment:
 4              (i)    may not be used by law enforcement during its
 5        investigation; and
 6              (ii)    shall not be admissible at an adjudicatory
 7        hearing or an adult criminal proceeding.
 8        (7)   Prior to filing a petition alleging delinquency, the
 9    referring officer or prosecutor shall review the agency's
10    report to screen the petition for participation in other
11    voluntary services or diversion program.
12        (8)   If a petition alleging delinquency is filed
13    following referral and the court adjudicates the child
14    delinquent, with the consent of the child following
15    consultation with the child's attorney, the report under this
16    subsection shall be admissible at the dispositional hearing
17    and subsequent hearings for the purpose of determining
18    appropriate behavioral health services.
19    (a.2)   Exception.--
20        (1)   A petition alleging delinquency may be filed prior
21    to the completion of the behavioral health assessment if:
22              (i)    the prosecutor or referring officer determines
23        there is a need to request an order from the court for
24        immediate detention or placement to protect the child or
25        the community; or
26              (ii)    the child or the child's parent, guardian or
27        other custodian does not consent to the behavioral health
28        assessment.
29        (2)   If the child or the child's parent, guardian or
30    other custodian does not consent to the behavioral health

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 1      assessment:
 2                   (i)    The agency shall report to the referring officer
 3             or prosecutor that the behavioral health assessment was
 4             declined.
 5                   (ii)    The prosecutor may proceed with a petition
 6             alleging delinquency and inform the court that the
 7             behavioral health assessment was declined.
 8             (3)   The petitioner under this subsection shall identify
 9      why behavioral health services were not an appropriate
10      disposition prior to seeking court involvement.
11             (4)   If the petition under this subsection is filed prior
12      to the referral and behavioral health assessment and the
13      child alleged to be delinquent has not had a behavioral
14      health assessment in the prior six months, the agency shall
15      make the behavioral health assessment available to the child
16      or the child's parent, guardian or other custodian after the
17      petition is filed. The confidentiality and admissibility of
18      the report and related documents, records or statements shall
19      be treated the same as behavioral health assessments
20      completed prior to the filing of the petition.
21      * * *
22      Section 6.         Section 6373 of Title 42 is amended by adding
23   paragraphs to read:
24   § 6373.    Powers and duties.
25      The commission shall have the power and is required to do the
26   following:
27             * * *
28             (5)   Approve a screening tool for the use of law
29      enforcement officers, probation officers and other officers
30      designated by the court under section 6320 (relating to

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 1    mandatory intake conference and screening in cases alleging
 2    delinquency).
 3        (6)   Develop screening, referral and behavioral health
 4    assessment procedures under sections 6320, 6323 (relating to
 5    informal adjustment) and 6340 (relating to consent decree).
 6        (7)   Produce informational materials regarding the
 7    screening tool and procedures under paragraphs (5) and (6)
 8    and make the materials available to all law enforcement
 9    agencies, probation officers and other officers of the court
10    in this Commonwealth who work with children alleged to be
11    delinquent.
12    Section 7.    This act shall take effect in 60 days.




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