PRINTER'S NO. 252                              PRINTER'S NO. 450

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 244 Session of 1991


        INTRODUCED BY BELFANTI, LUCYK, McCALL, GEORGE, ALLEN, TIGUE,
           BELARDI, STUBAN, HANNA, STISH, MUNDY, KRUSZEWSKI, CARONE,
           JAROLIN, RUDY, RITTER, BATTISTO, CALTAGIRONE, ARGALL, HERMAN,
           PHILLIPS, DAVIES, CAWLEY AND FREEMAN, FEBRUARY 4, 1991

        AS REPORTED FROM COMMITTEE ON HEALTH AND WELFARE, HOUSE OF
           REPRESENTATIVES, AS AMENDED, FEBRUARY 12, 1991

                                     AN ACT

     1  Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An
     2     act to consolidate, editorially revise, and codify the public
     3     welfare laws of the Commonwealth," requiring notice and
     4     public hearings prior to the closure, sale, lease or transfer
     5     of any State general hospital.

     6     The General Assembly of the Commonwealth of Pennsylvania
     7  hereby enacts as follows:
     8     Section 1.  The act of June 13, 1967 (P.L.31, No.21), known
     9  as the Public Welfare Code, is amended by adding sections to
    10  read:
    11     Section 318.  Notice and Public Hearing.--At least thirty
    12  days prior to the department making a decision to close, sell,
    13  lease or otherwise transfer the ownership or operational control
    14  of any hospital or affiliated school of nursing, State mental
    15  hospital, mental retardation center or other similar institution
    16  funded by the General Assembly or allows the material reduction
    17  of bed complement, services or staff at an institution, the
    18  department shall hold a public hearing in the affected area.

     1     Section 319.  Maintenance of Services.--The department may
     2  not close, sell, lease or otherwise transfer the ownership or
     3  operational control of any State general hospital or affiliated
     4  school of nursing, State mental hospital, mental retardation
     5  center or other similar institution funded by the General
     6  Assembly, nor may the department materially reduce services such
     7  as chaplaincy services at State facilities, or materially reduce
     8  staff levels without presenting their proposal to the General
     9  Assembly. Material reductions shall mean a reduction in the bed
    10  complement of an institution of five percent; and a material
    11  staff reduction shall mean a five percent reduction of the staff
    12  complement within an institution. The proposed reduction in
    13  services, staff or facilities shall be placed on the calendar of
    14  the House of Representatives and of the Senate. If either
    15  legislative body disapproves of said action within five
    16  legislative or thirty calendar days, whichever is later DAYS,     <--
    17  then such action may not take effect. NO SUCH PROPOSED REDUCTION  <--
    18  SHALL BE TRANSMITTED TO THE GENERAL ASSEMBLY LESS THAN FIVE
    19  LEGISLATIVE DAYS IMMEDIATELY PRIOR TO OR DURING ANY PERIOD OF
    20  RECESS OR ADJOURNMENT OF EITHER HOUSE FOR A PERIOD OF ONE WEEK
    21  OR MORE.
    22     SECTION 2.  THIS ACT SHALL BE RETROACTIVE TO JANUARY 1, 1991.
    23     Section 2 3.  This act shall take effect immediately.          <--





    A28L67RZ/19910H0244B0450         - 2 -