PRINTER'S NO. 1558
No. 1265 Session of 2003
INTRODUCED BY McNAUGHTON, BEBKO-JONES, BELARDI, BELFANTI,
BROWNE, BUNT, CAPPELLI, CAWLEY, COSTA, COY, CREIGHTON, CURRY,
DALEY, DALLY, DeLUCA, DeWEESE, FLICK, FRANKEL, GANNON,
GODSHALL, GOODMAN, HARHAI, HENNESSEY, HESS, HORSEY,
HUTCHINSON, JAMES, LAUGHLIN, LEACH, LEH, MARKOSEK, McCALL,
McGEEHAN, McILHATTAN, MELIO, PAYNE, ROSS, RUFFING, SCRIMENTI,
SHANER, SOLOBAY, T. STEVENSON, STURLA, SURRA, E. Z. TAYLOR,
J. TAYLOR, THOMAS, TIGUE, WALKO, WATSON, YOUNGBLOOD, YUDICHAK
AND GABIG, APRIL 30, 2003
REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES,
APRIL 30, 2003
AN ACT
1 Providing for accommodated living arrangements for adults with
2 autism; and requiring the Department of Public Welfare to
3 provide home-based care as an alternative to institutional
4 care.
5 The General Assembly finds and declares that:
6 (1) According to Pennsylvania's State Medicaid plan,
7 Medicaid for the categorically needy and medically needy is
8 mandatory. Among the mandatory Medicaid services for the
9 categorically needy and the medically needy are intermediate
10 care facility services, including such services in a public
11 institution, or distinct part thereof, for mentally retarded
12 persons or persons with related conditions. Autism, by
13 Federal definition, is a related condition.
14 (2) Autism does not diminish the right of adults to
15 exert choice and control over their lives and to fully
1 participate in and contribute to communities through full
2 integration and inclusion in economic, political, social,
3 cultural and educational mainstreams.
4 (3) Autism, federally defined as a related condition, is
5 a distinct developmental disability that continues
6 indefinitely and is often severe; adults with autism often
7 require lifelong community services, individualized supports
8 and other forms of assistance that are most effective when
9 provided in a coordinated manner.
10 (4) Autism is not mental retardation, nor is it mental
11 illness. In Pennsylvania, most adults with autism do not have
12 access to appropriate supports and services, including
13 assistive technology, but are on waiting lists for services
14 or receive services which are inadequate and/or
15 inappropriate.
16 (5) A pilot program in the Department of Public
17 Welfare's Office of Social Programs has demonstrated that
18 adults with autism can successfully live and work in the
19 community.
20 The General Assembly of the Commonwealth of Pennsylvania
21 hereby enacts as follows:
22 Section 1. Short title.
23 This act shall be known and may be cited as the Autism
24 Accommodated Living Act.
25 Section 2. Purpose.
26 This act provides adults with autism with the necessary
27 supports to:
28 (1) Make informed choices about their lives.
29 (2) Live in homes and communities in which they can
30 exercise the rights and responsibilities of citizens.
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1 (3) Pursue meaningful and productive lives.
2 (4) Contribute to their household and community.
3 (5) Have interdependent friendships.
4 (6) Live free of abuse, neglect, financial and sexual
5 exploitation and violations of legal and human rights.
6 (7) Achieve integration and inclusion in society in an
7 individualized manner consistent with personal strengths,
8 resources, priorities, abilities, culture and values.
9 Section 3. Definitions.
10 The following words and phrases when used in this act shall
11 have the meanings given to them in this section unless the
12 context clearly indicates otherwise:
13 "Autism." A lifelong neurologically based developmental
14 disorder characterized by impairment in social interactions,
15 impairment in communication and imaginative activity, a
16 restricted repertoire of activities and interest and abnormal or
17 inconsistent responses to sensory stimuli.
18 "Autism accommodated living services." Any of the following:
19 (1) Those basic and ancillary services which enable an
20 eligible individual to live in his home and community rather
21 than in an institution and to live as a valued neighbor and
22 worker in society.
23 (2) Individualized services which are tailored to
24 specific needs and abilities.
25 (3) Services which promote full integration and
26 participation in employment, housing and community
27 activities.
28 (4) Services which accommodate motor and sensory
29 differences of an eligible individual.
30 (5) Services which facilitate communication through the
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1 use of augmentative communication techniques and assistive
2 technology when appropriate.
3 (6) Services which promote independent self-care skills
4 to allow an eligible individual who is an adult to perform as
5 normally as possible.
6 (7) Services which provide long-term consistency and
7 stability.
8 "Department." The Department of Public Welfare of the
9 Commonwealth.
10 "Eligible individual." An adult with autism.
11 "Secretary." The Secretary of Public Welfare of the
12 Commonwealth.
13 Section 4. Program.
14 (a) Establishment.--The department shall establish and
15 develop programs to provide accommodated living services for
16 eligible individuals.
17 (b) Qualifications of providers.--In order to provide
18 accommodated living services, the department shall establish
19 eligibility and training requirements for providers. The
20 department shall approve individual plans, the cost of
21 individual plans, the method of payment and the criteria to be
22 used for evaluating the provision of services.
23 (c) Participation of eligible individuals.--Providers shall
24 generate services and accommodations that are developed in
25 collaboration with adults with autism and are responsive to
26 their individual needs, preferences, culture and values.
27 Section 5. Funding.
28 (a) General rule.--Funds made available under this act shall
29 be used for the planning, designing, delivering and
30 administering of accommodated living and training of staff.
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1 (b) Federal funds.--Programs for accommodated living under
2 this act shall use Federal funds where possible. The department
3 shall apply for and use, subject to specific appropriation by
4 the General Assembly, all Federal funds which become available
5 to carry out a program of accommodated living under this act.
6 (c) Disbursement of funds.--The department shall disburse
7 funds in a manner that ensures, to the extent of available
8 funds, equitable distribution of service among eligible
9 individuals with accommodated living needs among various regions
10 of this Commonwealth.
11 (d) Availability of services.--Accommodated living shall be
12 available only to the extent that it is funded through annual
13 appropriation of Federal and State funds and program fees.
14 Section 6. Demonstration projects.
15 The department may initiate demonstration projects to test
16 new ways of providing accommodated living as well as to conduct
17 specific research into ways to best provide accommodated living
18 in both urban and rural environments.
19 Section 7. Rules or regulations.
20 The department shall promulgate such rules or regulations as
21 may be necessary for the effective administration of any
22 programs of accommodated living under this act.
23 Section 8. Report.
24 Annually, the secretary shall submit a report to the chairman
25 and minority chairman of the Appropriations Committee of the
26 Senate, the chairman and minority chairman of the Appropriations
27 Committee of the House of Representatives, the Public Health and
28 Welfare Committee of the Senate and the Health and Human
29 Services Committee of the House of Representatives. This report
30 shall include at least the following information regarding
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1 accommodated living:
2 (1) A summary of the accommodated living services
3 provided under this act, including, but not limited to, a
4 description of service models utilized, costs by service
5 model, unit of service and per client and client
6 demographics.
7 (2) Recommendations regarding the direction of and
8 funding priorities for accommodated living for future fiscal
9 years.
10 Section 9. Effective date.
11 This act shall take effect in 60 days.
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