New PA Judicial Center Open for Occupancy

The newly-constructed Pennsylvania Judicial Center, located in the Capitol complex in Harrisburg, finally is receiving its new occupants.

According to a news report entitled "Judicial Center in Harrisburg built to last a lifetime" by Jan Murphy, published in The Patriot-News on December 27, 2008, the PJC was expected to be completed by April, 2009, after nearly three years in construction.

Construction began in 2006 on the 425,000-square-foot complex. It connects a five-story building at the west end that houses courtrooms and judges' chambers, with a nine-story office structure on the east.

The 15 employees who work for the judicial conduct board are expected to be the first to move into the building in June. Others will take up occupancy over the subsequent three months, he said. The Commonwealth Court will hold its first sessions there in September.

The center is built to accommodate more than 500 employees. It will bring together staff that are spread over a dozen locations in and outside the Capitol complex.

I watched weekly over the past few years as the PJC grew from skeleton to shell to shelter to shrine. I noted its construction progress twice in prior blog postings. See: PA EE&F Law Blog postings "PA Judicial Center Under Construction" (10/31/08) and "New PA Judicial Center Under Construction" (05/09/07).

A month ago, I saw its interior lights lit during business hours, and, while walking by, I peeked inside. For two views of its interior, see pictures of its lobby and courtroom posted by a contractor, McClure Company. For views of its exterior, see the PJC web page of the Pennsylvania Department of General Services.

Since mid-June, the PJC has been receiving occupants in staged moves. Today, I received notice that "the Commonwealth Court of Pennsylvania will move to the Pennsylvania Judicial Center" effective August 3, 2009. "Filings should be directed to the Court's new address" after that date, at its new address, 601 Commonwealth Avenue.

The moving schedule for court offices, boards, and agencies was posted on the web in a list of Pennsylvania Judicial Center Occupants (PDF, 2 pages), which listed the occupant, main office telephone, relocation date/timeframe, and new mailing address:

Continuing Legal Education Board
717-231-3250
Thursday, June 11 - Friday, June 12
Pennsylvania Judicial Center
601 Commonwealth Ave., Suite 3400
PO Box 62495
Harrisburg, PA 17106-2495

Court of Judicial Discipline
717-772-3771
Tuesday, June 16
Pennsylvania Judicial Center
601 Commonwealth Ave., Suite 5500
PO Box 62595
Harrisburg, PA 17106-2595

Client Security
717-231-9510
Thursday, July 9
Pennsylvania Judicial Center
601 Commonwealth Ave., Suite 5400
PO Box 62585
Harrisburg, PA 17106-2585

Administrative Office of Pennsylvania Courts
717-231-3300
Thursday, July 9 - Friday, July 10
Pennsylvania Judicial Center
601 Commonwealth Ave., Suite 1500
PO Box 61260
Harrisburg, PA 17106-1260

Commonwealth Court of Pennsylvania
717-255-1600
Monday, July 20 - Friday, August 14
Pennsylvania Judicial Center
601 Commonwealth Ave.
Harrisburg, PA 17120-0901

Board of Law Examiners
717-231-3350
Tuesday, September 15 - Wednesday, September 16
Pennsylvania Judicial Center
601 Commonwealth Ave., Suite 3600
PO Box 62535
Harrisburg, PA 17106-2535

Thrilled as I am, as a lawyer and local resident, about such a consolidation of court functions in a new, state-of-the-art building in the Capitol City, there is one aspect of sadness regarding the center's opening.

In October, 2003, when Governor Edward Rendell considered releasing funds for construction of the PJC, his action was urged by the vision of the new Supreme Court Chief Justice, Ralph J. Cappy, who had advocated, among others, for such a center. See: "Pennsylvania's newest Chief Justice to take on modernization of state courts" by Marylynne Pitz, published October 05, 2003, by the Pittsburgh Post-Gazette.

Consolidating the state courts' functions could happen if Gov. Ed Rendell releases the funds that would pay for the design and construction of a $123 million judicial center in Harrisburg. The money was set aside in the 2001-2002 budget. The state judicial center would have about 400,000 square feet and house about 400 employees. Vitteta, a Philadelphia-based architectural firm, was chosen for the project in January by the state Department of General Services.

The state judicial center would consolidate numerous court offices spread out over the state, allowing for the termination of office leases. * * *

Sadly, after retiring from the Pennsylvania Supreme Court in January, 2008, Ralph J. Cappy died unexpectedly at his Green Tree home on May 1, 2009 at age 65. See: "Ralph J. Cappy, Former Pennsylvania Supreme Court Chief Justice, dies at 65" (05/09), posted by Tributes.com; "Retired Supreme Court Justice Cappy dead at 65" (05/02/09) published by the Pittsburgh Tribune-Review; and "Obituary: Ralph J. Cappy / Retired Pennsylvania chief justice" (05/03/09) published by the Pittsburgh Post-Gazette.

He died one month before the new state occupants began arriving in the PJC.

When I enter that building sometime in the future, I will look for his name to be listed, among others, on a plaque prominently displayed in its foyer, as a testament to their vision.

Catherine Baker Knoll, Senior Servant

Catherine Baker Knoll, the Lieutenant Governor of Pennsylvania, died on Wednesday evening, November 12, 2008, after a 4-month battle with neuroendocrine cancer, according to news reports, including "Lt. Gov. Catherine Baker Knoll dies" (11/12/08) by Tom Barnes, published by the Pittsburgh Post-Gazette.

Lt. Gov. Catherine Baker Knoll, the first woman ever elected to the state's second-ranking post, has died, the governor's office announced tonight.

Mrs. Knoll, 78, had battled a rare form of cancer. She died at 6 p.m. at the National Rehabilitation Hospital in Washington, D.C., according to Mary Isenhour, executive director of the Democratic State Committee.

Gov. Ed Rendell said he and his wife, Midge, "mourn the passing of one of the strongest, most dedicated public servants in Pennsylvania's history."

Even as she was fighting cancer, he said, "she remained upbeat and dedicated to serving the commonwealth. Catherine was a very passionate and exuberant advocate for many worthy causes." * * *

While serving as Pennsylvania's State Treasurer for two consecutive four-year terms (1989-1997), she started the Pennsylvania TAP program (Tuition Account Program), created the PA Treasury Investment Center, and started a partnership with the Pennsylvania Home Builders Association and Pennsylvania community banks to build affordable housing in Pennsylvania. See also: Knoll's Biography posted on the Lieutenant's Governor's website; and NNDB Mapper for "Catherine Baker Knoll."

Catherine Baker Knoll was sworn in as Pennsylvania's 30th Lieutenant Governor on January 21, 2003, when she was 72 years old (born 09/03/30), as the first woman to hold that office. She was reelected in November, 2006, when she was 76 years old.

She demonstrated that a woman in Pennsylvania (with a Roman Catholic faith) could rise to a high elective office in later life, even after prior political defeats and public controversies. As a feisty politician, she continued to change the state where she was born, was educated, had worked, and lived all her life. See: Catherine Baker Knoll: Slideshow, posted by the Pittsburgh Post-Gazette.

On the website of the Office of the Lieutenant Governor of Pennsylvania, a photograph of Knoll's smiling face appears above a press release now announcing the reactions of public officials to her death. Such testaments by her peers to her life's accomplishments are impressive.

But, as this Commonwealth enters a mourning period after her passing, I am likewise impressed about sentiments expressed by non-public people -- common folks -- who knew her also as a peer -- as a person, and a feisty person at that.

On the SmartTalk radio program broadcast by WITF-FM (Harrisburg, PA) on the morning of Thursday, November 13th on the topic "Remembering the life and career of Lieutenant Governor Catherine Baker Knoll" (MP3, 1 hour), at least two callers told stories about her passionate, proud participation in the annual motorcycle rally from the State Capitol in Harrisburg, to Gettysburg, to raise funds for the Gettysburg Battlefield Preservation Association.

At those events sponsored by A.B.A.T.E. (Alliance of Bikers Aimed Towards Education) of Pennsylvania, she didn't just make an appearance, or only make a speech; she rode the entire course with those burly bikers as a passenger on a State Police motorcycle driven by a State Trooper, at the head of the column (see photo above, taken on May 25, 2006).

At the 2006 motorcycle rally, she was 75 years old, riding on a road-bike in a windbreaker, smiling.

The Press Release on the Lieutenant Governor's website ended with her words, written near the end of her life in a letter sent to President-elect Obama after his win in the November 4th election.

She still looked forward:

"You inspired millions of Americans by putting your signature on a chapter of history that was waiting to be written. In doing so, you also sent a signal to the world that once again America has a smile on its face, that we intend to be as friendly as we are firm."

"I am proud of our Pennsylvania voters for standing tall when they were needed the most. In the years just ahead, I want our Commonwealth to fulfill your hope --- that we be neither a red state nor a blue state, but rather a state united by our passion for a better America."

Photo Source: ABATE Check Presentation Photo Gallery (May 25, 2006)

Planning for Long-Term Living/Care in PA

The Executive Branch of Pennsylvania government continues to consider the consequences of an aging population that may require extended living or care arrangements.

As to citizens' private efforts, on June 19, 2008, the PA Governor's Office issued a Press Release entitled "Rendell Announces Record Response to Pennsylvania’s ‘Own Your Future’ Long-term Care Planning Effort".

Governor Edward G. Rendell said today that more than 200,000 people have requested Own Your Future planning kits since March, when Pennsylvania launched its outreach effort urging individuals to take a more active role in planning their own long-term care needs.

The federal government says Pennsylvania’s 13 percent response rate is approximately double the rate seen by any of the 16 states that took part in similar outreach efforts. The typical response rate reported by states is between 5 and 7 percent.

“The strong response to our Own Your Future campaign suggests that Pennsylvanians are seriously considering their future long-term living needs,” Governor Rendell said. “Individuals who begin planning today will have a broader range of options available to them in their later years, which can help to ensure greater financial security and peace of mind.”

By 2020, one in four Pennsylvanians will be age 60 or older. Many consumers are not aware that Medicare does not cover the cost of many long-term care services. * * *

As to public efforts on behalf of citizens, on June 21, 2008, the PA Department of Aging published in the Pennsylvania Bulletin (PA Bulletin, Doc. No. 08-1166) a Notice establishing the Senior Care and Services Study Commission.

The purpose of this notice is to announce the establishment of the Senior Care and Services Study Commission (Commission) under the act of June 30, 2007, (P. L. 49, No. 16) (Act 16). See 62 P. S. §§ 801-D--803-D.

Act 16 provides for the establishment of the Commission for the following purposes:

1. Reviewing the care, services and resources available to Commonwealth residents 65 years of age or older.
2. Projecting the future need for care and services through the year 2025.
3. Evaluating the ability of the current assessment and delivery systems to meet the projected service needs.
4. Projecting the resources necessary to meet the projected need and making policy recommendations as to how the projected need can best be met considering the resource limitations that may exist at the time the Commission completes its work. * * *

The Senior Care and Services Study Commission was created under House Bill 1367, enacted as Act 16 of 2007, which also extended the sunset date on the nursing home provider assessment, and confirmed the rate cap authorized by the General Assembly & the appropriations process.

According to the Hospital Association of Pennsylvania, which supported the bill into enactment in 2007, the "Senior Care and Services Study Commission [will be] responsible for projecting future needs for senior care services and making recommendations on how to meet those needs. The commission [will consist] of 19 persons, including one individual representing hospital-based nursing facilities."

The Governor appointed some members of the Commission during February, 2008, as confirmed in a Press Release, dated February 22, 2008:

• Mark Greene, of Waukesha
• Kevin Hefty, of West Reading
• Vicki Hoak, of Camp Hill
• Shikha Iyengar, of Murrysville
• Crystal Lowe, of York
• Joseph Murphy, of Elizabethtown
• Marlin Peck, of York
• Alvin Poppen, of Fayetteville
• Florence Reed, of Homestead

The appointment of another member, Eileen M. Sullivan-Marx, of Broomall, was announced in a Press Release dated May 12, 2008.

The making of such appointments without further delay had been advocated by interested groups, such as the Lutheran Advocacy Ministry.

The Press Release noted that the last appointment to the new Commission was made by the Governor in May:

Under Act 16, the date of the establishment of the Commission shall be the date the last member is appointed to the Commission.

The date of the last appointment occurred May 1, 2008. Therefore, May 1, 2008, shall be considered the date of the establishment of the Commission. * * *

This new Commission joins other Pennsylvania governmental groups concerned with long-term care.

Its future studies may supplement or update prior reports delivered to, or issued by, the Pennsylvania Intra-Governmental Council on Long-Term Care, including:

• "Assisted Living: A Choice for the Future" (July 1999, PDF, 38 pages);
• "Pennsylvania’s Frontline Workers in Long Term Care: The Provider Organization Perspective" (February 2001, PDF, 146 pages);
• "Report: Home and Community-Based Services Barriers Elimination Work Group" (March 2002, PDF, 29 pages); and
  
• "Final Report: Pennsylvania Transition to Home (PATH) Project" (March 2004, PDF, 52 pages).

PA Governor Plans Electronic Health Info Exchange

On March 26, 2008, Governor Edward G. Rendell signed Executive Order 2008-03, on the subject of the new "Pennsylvania Health Information Exchange (PHIX) Governance Structure" (PDF, 3 pages), drawn as another element of the Governor's Prescription for Pennsylvania Program to reduce medical costs and expand health insurance coverage.

The Governor announced the new project in a Press Release, dated March 26, 2008, entitled "Governor Rendell Signs Executive Order Implementing Information Technology Initiative from RX for PA".

He identified PHIX as "a framework that will give health care providers improved access to clinical data and lead to safer and more efficient patient-centered care."

“By offering health care providers the ability to electronically share patient information, we will be able to improve patient care and safety and reduce health care costs that are a result of today’s independent information technology systems,” Governor Rendell said.

The Pennsylvania Health Information Exchange – or PHIX – will provide the information technology architecture to support statewide interoperable electronic health records and electronic prescribing by sharing data that is captured at the point of care in a physician office or hospital.

Most doctor’s offices, hospitals, laboratories, and pharmacies now have their own separate information systems. With an information exchange, those entities will be able to share information with various health care providers and other authorized parties for treatment purposes. Health information exchanges will help to provide clinicians with important medical details about the patients they treat. * * *

The ability for the physician to have access to the patient’s recent laboratory tests, radiology exams, hospital discharge notes and medications prescribed gives him the ability to quickly make the appropriate treatment decisions. Having access to all of the care given to this patient keeps the physician from ordering duplicative tests that may have been recently preformed, thereby reducing costs. * * *

“Giving clinicians access to data about their patients’ care by other providers will result in fewer medical errors and better continuity of care. Less time will be wasted waiting for patient’s charts and for processing referrals. And, reporting of vital statistics and diseases will be more efficient and complete.” * * *

The Executive Order also established an advisory council and other advisory organizations for PHIX:

The advisory council is made up of representatives from state agencies, legislators, insurers, physicians, hospital executives, pharmaceutical organizations and nurses who will advise on IT strategies and issues.

The advisory organizations may provide research, analysis and recommendations relative to the unique needs of the state. The Pennsylvania Health Initiative is recognized as an advisory organization to PHIX.

For another recent press release from the Governor's Office regarding the Rx for PA program, see: "Governor Rendell Says Pennsylvania is One Step Closer to Providing Access to Health Care for Pennsylvania's Uninsured" (03/18/08). For background about the "Prescription for Pennsylvania" Program upon its introduction, see: PA EE&F Law Blog posting "PA Governor Unveils New Health Care Proposals" (01/19/07).

The creation of PHIX was noted on April 4, 2008, by Alice McCreary, Reference Librarian, in a posting on the Jenkins Law Blog, entitled "Gov. Rendell Signs Executive Order Creating Health Data Exchange". She ended by repeating concerns about the privacy and confidentiality of health care information converted into electronic form, per her prior posting, "Online Personal Health Records and the Privacy Issue" (03/04/08).

However, it is cost that drives the creation of the new PHIX program.

In the budget report entitled "Prescription for Pennsylvania -- 2008-2009 Budget Overview", dated March 4, 2008, PHIX was mentioned as one of numerous cost-saving measures:

Pennsylvania Health Information Exchange (PHIX) -- $5 million to begin a 5-year project to create a platform to share patient health care information. Funding will be augmented with investment from health care providers and insurers. PHIX will be the statewide framework necessary to implement such initiatives as e-Prescribing and Electronic Medical Records. * * *

Other, broader proposals to make the health care system more efficient and to provide health care coverage more universally in Pennsylvania are outlined in that report.

That budget report concluded with a page containing a single sentence to make its point: "The Cost of Inaction is Too Great."