PRINTER'S NO. 365

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 349 Session of 1991


        INTRODUCED BY COWELL, VAN HORNE, MICHLOVIC, ITKIN, PETRONE,
           OLASZ, CESSAR, PISTELLA, LEVDANSKY, GIGLIOTTI AND TRELLO,
           FEBRUARY 6, 1991

        REFERRED TO COMMITTEE ON HEALTH AND WELFARE, FEBRUARY 6, 1991

                                     AN ACT

     1  Amending the act of October 20, 1966 (3rd Sp.Sess., P.L.96,
     2     No.6), entitled "An act relating to mental health and mental
     3     retardation; authorizing county programs and amending,
     4     revising and changing the laws relating thereto and making an
     5     appropriation," further providing for local mental health and
     6     mental retardation services and for the liability of the
     7     Commonwealth for certain care.

     8     The General Assembly of the Commonwealth of Pennsylvania
     9  hereby enacts as follows:
    10     Section 1.  Sections 301(d) and 507 of the act of October 20,
    11  1966 (3rd Sp.Sess., P.L.96, No.6), known as the Mental Health
    12  and Mental Retardation Act of 1966, are amended to read:
    13     Section 301.  General Powers and Duties of Local Authorities;
    14  Mental Health and Mental Retardation Program and Services.--* *
    15  *
    16     (d)  Subject to the provisions of sections 508 and 509(5) it
    17  shall be the duty of local authorities in cooperation with the
    18  department to insure that the following mental health and mental
    19  retardation services are available:
    20     (1)  Short term inpatient services other than those provided

     1  by the State.
     2     (2)  Outpatient services.
     3     (3)  Partial hospitalization services.
     4     (4)  Emergency services twenty-four hours per day which shall
     5  be provided by, or available within at least one of the types of
     6  services specified heretofore in this paragraph.
     7     (5)  Consultation and education services to professional
     8  personnel and community agencies.
     9     (6)  Aftercare services for persons released from State and
    10  County facilities.
    11     (7)  Specialized rehabilitative and training services
    12  including sheltered workshops.
    13     (8)  [Interim care of mentally retarded persons who have been
    14  removed from their homes and who having been accepted, are
    15  awaiting admission to a State operated facility.] Residential
    16  care for all mentally disabled persons, including both mentally
    17  ill and mentally retarded persons, who have been removed from
    18  their homes and who have been accepted into the county mental
    19  health and mental retardation program. Former patients of State
    20  mental hospitals and former residents of State centers for the
    21  mentally retarded shall be eligible for care under this clause.
    22     (9)  Unified procedures for intake for all county services
    23  and a central place providing referral services and information.
    24     * * *
    25     Section 507.  Liability of the Commonwealth.--[(a)]  Except
    26  as provided in sections 501, 502, and 505, the Commonwealth
    27  shall pay the full cost with no charge to the counties for the
    28  following:
    29     (1)  Diagnosis, evaluation and care in State operated
    30  facilities, or in a facility with which the State may contract.
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     1     (2)  Such other obligations as may arise under any new
     2  program established by the department.
     3     (3)  Payments for inpatient care not exceeding sixty days per
     4  benefit period, and partial hospitalization not exceeding one
     5  hundred twenty days, per year, for persons financially
     6  ineligible for such care under the Public Assistance Law.
     7     (4)  [Interim care of mentally retarded persons, who have
     8  been removed from their homes and who, having been accepted, are
     9  awaiting admission to a State facility.] Residential care for
    10  all mentally disabled persons, including both mentally ill and
    11  mentally retarded persons, who have been removed from their
    12  homes and who have been accepted into the county mental health
    13  and mental retardation program. Former patients of State mental
    14  hospitals and former residents of State centers for the mentally
    15  retarded shall be eligible for care under this clause.
    16     Section 2.  This act shall take effect in 60 days.










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