PRIOR PRINTER'S NO. 2773 PRINTER'S NO. 4101
No. 2106 Session of 1989
INTRODUCED BY SAURMAN, NAHILL, FOX, HERMAN, E. Z. TAYLOR, PESCI,
CORNELL, MORRIS, DeLUCA, BLACK, O'BRIEN, MELIO, LASHINGER,
FAIRCHILD, TANGRETTI, BOYES, BUSH, HAGARTY, SCHULER, ADOLPH,
REBER, J. H. CLARK, MAIALE, HOWLETT, ITKIN, KOSINSKI AND
LINTON, NOVEMBER 15, 1989
AS REPORTED FROM COMMITTEE ON HEALTH AND WELFARE, HOUSE OF
REPRESENTATIVES, AS AMENDED, SEPTEMBER 26, 1990
AN ACT
1 Providing for services for disabled persons and their families.
2 The General Assembly of the Commonwealth of Pennsylvania
3 hereby enacts as follows:
4 Section 1. Short title.
5 This act shall be known and may be cited as the Disabilities
6 Support Services Act.
7 Section 2. Legislative findings and intent.
8 (a) Findings.--The General Assembly makes the following
9 findings:
10 (1) Service providers who work with persons with
11 disabilities should design and adopt programs that are
12 responsive to the needs of the individual and his or her
13 family, rather than fit the person with disabilities to
14 existing programs.
15 (2) It is more cost effective to provide services to
1 persons with disabilities in their own homes or with their
2 parents or legal guardians rather than in out-of-home
3 placements.
4 (3) A person with a disability, or the person's family,
5 or both, should determine which services will best address
6 their needs.
7 (b) Intent.--It is the intent of the General Assembly that
8 the Commonwealth develop a program for persons with disabilities
9 or their families which enables them to choose the services that
10 will provide the greatest opportunity for a person with a
11 disability to develop to his or her fullest potential.
12 Section 3. Definitions.
13 The following words and phrases when used in this act shall
14 have the meanings given to them in this section unless the
15 context clearly indicates otherwise:
16 "COUNTY OFFICE OF DISABILITIES." AN OFFICE ESTABLISHED BY <--
17 LOCAL AUTHORITIES TO ADMINISTER THE SERVICES PROVIDED FOR UNDER
18 THIS ACT.
19 "Department." The Department of Public Welfare of the
20 Commonwealth.
21 "Disability." A severe, chronic condition of a person which <--
22 is attributable to a mental or physical impairment or a
23 combination of mental and physical impairment; is manifested
24 "DISABILITY." A SEVERE, CHRONIC CONDITION OF CHILDREN OR <--
25 ADULTS WHO HAVE SUBSTANTIAL FUNCTIONAL LIMITATIONS WHICH ARE
26 ATTRIBUTABLE TO A MENTAL, PHYSICAL OR SENSORY IMPAIRMENT OR A
27 COMBINATION OF MENTAL, PHYSICAL AND SENSORY IMPAIRMENTS; IS
28 MANIFESTED before 60 years of age; and is likely to continue
29 indefinitely.
30 "Family." A person with a disability and his or her SIBLING, <--
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1 parent or legal guardian.
2 "Person." Includes a child or an adult.
3 Section 4. Powers and duties of Commonwealth.
4 (a) Duty to administer grant distributions.--The department
5 shall develop a program for persons with disabilities or
6 families through grants to county mental health and mental <--
7 retardation programs OFFICES OF DISABILITIES to provide for the <--
8 following:
9 (1) Subsidies or purchase vouchers for eligible persons
10 with disabilities or families to offset the costs of services
11 and equipment necessary for caring for a person with
12 disabilities.
13 (2) A system for persons with disabilities or families
14 to acquire supports and services that will enable a person
15 with a disability to live in the residence of his or her
16 choice.
17 (b) Power to establish regulations.--The department shall
18 make and enforce regulations necessary and appropriate to
19 accomplish the purposes of this act.
20 (c) Duty to establish adjustable payment schedule.--The
21 department shall establish a client or family liability schedule
22 which will provide an adjustable payment schedule based on an
23 individual's or family's ability to pay.
24 (d) Duty to establish grievance settlement procedures.--The
25 department shall establish fair procedures for the resolution of
26 grievances from persons with disabilities or their families.
27 Section 5. Responsibilities of counties.
28 (A) DUTY TO ESTABLISH OFFICE OF DISABILITIES.--LOCAL <--
29 AUTHORITIES SHALL ESTABLISH AN OFFICE OF DISABILITIES, WHICH MAY
30 BE AN EXPANSION OF THE EXISTING COUNTY MENTAL HEALTH AND MENTAL
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1 RETARDATION OFFICE, TO ADMINISTER THE PROVISIONS OF THIS ACT.
2 (a) (B) Duty to establish family support programs.--County <--
3 mental health and mental retardation programs OFFICES OF <--
4 DISABILITIES shall establish a disability support subsidy
5 program that meets the standards and legislative intent of this
6 act. COUNTIES MAY USE EXISTING STRUCTURES OR AGENCIES CURRENTLY <--
7 ADMINISTERING VOUCHER PROGRAMS.
8 (b) (C) Duty to hire counselors.--The county shall hire <--
9 sufficient staff to provide families of persons with
10 disabilities with assistance in identifying and choosing
11 appropriate support services.
12 (c) (D) Duty to establish family advisory board.--The county <--
13 shall establish a family advisory board or boards to advise
14 local authorities on county plans, service evaluations and
15 approval of other services not specifically listed in this act.
16 A board shall be subject to the following conditions:
17 (1) A family advisory board shall not serve a geographic
18 area that represents more than 150,000 residents.
19 (2) There shall be a representative regional family
20 advisory board with representation from each family advisory
21 board in the county program in counties with more than one
22 family advisory board.
23 (3) The regional family advisory board and family
24 advisory boards shall each be composed of 11 members. There
25 shall be three professional members and eight family members
26 or disabled persons. The family members and disabled persons
27 shall, to the extent possible, represent all disabilities.
28 (4) The family advisory boards shall advise county
29 administrators on approval of other services not specifically
30 listed in this act, county plans and evaluations of family
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1 support services.
2 (d) (E) Duty to make certain services available.--Counties <--
3 shall assure the availability of the following services to
4 families or persons with disabilities:
5 (1) Respite care.
6 (2) Recreation.
7 (3) Homemaker services.
8 (4) Transportation.
9 (5) Personal assistance or attendant care.
10 (6) Home health services.
11 (7) Counseling services.
12 (8) Communication services.
13 (9) Crisis intervention.
14 (10) Vocational and employment support.
15 (11) Specialized diagnostic and evaluation services.
16 (12) ADAPTIVE DEVICES AND EQUIPMENT. <--
17 (12) (13) Other services approved by the county program, <--
18 as advised by the appropriate family advisory committee.
19 (e) (F) Duty to evaluate program effectiveness.--Counties <--
20 and the family advisory committee shall evaluate the
21 effectiveness of the family support services. The evaluation
22 shall include a survey of persons with disabilities and families
23 to determine their satisfaction with the program and any
24 recommendations for improvement.
25 (f) (G) Duty to develop annual plan.--Counties shall develop <--
26 an annual plan for family support services which shall include
27 the following:
28 (1) An estimate of the number of persons with
29 disabilities in the county.
30 (2) An estimate of the need for support services for
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1 persons with disabilities and their families.
2 (3) A review of the current budget for services for
3 persons with disabilities and a proposal to convert a portion
4 of those services from a service delivery model to a family
5 or individual purchase model.
6 (4) A proposal for unmet needs, if any.
7 (g) (H) Duty to involve family in plan development.--The <--
8 county shall develop annual plans with full participation of
9 persons with disabilities or their families.
10 (h) (I) Duty to submit plan to department.--The county shall <--
11 submit annual plans and evaluations to the department.
12 (i) (J) Limiting access to services in geographical area <--
13 prohibited.--County programs shall not limit families to
14 purchasing services in a restricted geographic area.
15 Section 6. Support subsidy payments not alienable.
16 Support subsidy payments shall not be alienable by
17 assignment, sale, garnishment, execution or otherwise, and, in
18 the event of bankruptcy, shall not pass to or through any person
19 acting on behalf of creditors.
20 Section 7. Appropriation.
21 The sum of $10,000,000, or as much thereof as may be
22 necessary, is hereby appropriated to the Department of Public
23 Welfare for the purposes of this act. These funds shall not
24 replace or supplant existing Federal or State funds for persons
25 with disabilities or their families. COUNTY OFFICES OF <--
26 DISABILITIES SHALL USE THEIR FUNDS FROM THIS APPROPRIATION TO
27 SERVE PERSONS ON WAITING LISTS FIRST. NO LESS THAN ONE-THIRD OF
28 THIS APPROPRIATION SHALL BE USED FOR PERSONS ON WAITING LISTS.
29 SECTION 8. EVALUATION.
30 THE LEGISLATIVE BUDGET AND FINANCE COMMITTEE SHALL EVALUATE
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1 THE IMPACT OF THIS ACT ON CLIENT ACCESS TO CARE, APPROPRIATENESS
2 OF CARE AND SERVICES AND THE COST OF CARE AND SERVICES, WITHIN
3 THREE YEARS OF THE EFFECTIVE DATE OF THIS ACT AND WITHIN FIVE
4 YEARS OF THE EFFECTIVE DATE OF THIS ACT. A REPORT OF THE
5 EVALUATIONS SHALL BE TRANSMITTED TO ALL MEMBERS OF THE GENERAL
6 ASSEMBLY.
7 Section 8 9. Effective date. <--
8 This act shall take effect July 1, 1990.
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