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| PRIOR PRINTER'S NO. 448 | PRINTER'S NO. 1299 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY DINNIMAN, GREENLEAF, BREWSTER, COSTA, ERICKSON, FONTANA, RAFFERTY, STACK, TARTAGLIONE, VANCE, WASHINGTON, BROWNE, HUGHES AND FARNESE, FEBRUARY 9, 2011 |
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| SENATOR VANCE, PUBLIC HEALTH AND WELFARE, AS AMENDED, JUNE 8, 2011 |
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| AN ACT |
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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," updating and modernizing certain terminology. |
6 | The General Assembly of the Commonwealth of Pennsylvania |
7 | hereby enacts as follows: |
8 | Section 1. The title of the act of October 20, 1966 (3rd |
9 | Sp.Sess., P.L.96, No.6), known as the Mental Health and Mental |
10 | Retardation Act of 1966, is amended to read: |
11 | AN ACT |
12 | Relating to mental health and [mental retardation] intellectual |
13 | disability; authorizing county programs and amending, |
14 | revising and changing the laws relating thereto and making an |
15 | appropriation. |
16 | Section 2. Sections 101, 102, 201, 202, 301, 302, 303, 304, |
17 | 305, 401 and 404 of the act are amended to read: |
18 | Section 101. Short Title.--This act shall be known and may |
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1 | be cited as the "Mental Health and [Mental Retardation] |
2 | Intellectual Disability Act of 1966." |
3 | Section 102. Definitions.--As used in this act: |
4 | "Administrator" means the person appointed to carry out the |
5 | duties specified in section 305 of this act. |
6 | "Aftercare" means services rendered to a person after his |
7 | release from a facility, designed to assist such person in |
8 | establishing and maintaining himself as a member of society, |
9 | including foster home placement, home visiting, observation, |
10 | halfway houses and outpatient care. |
11 | "Attorney for the Commonwealth" means district attorney, the |
12 | Attorney General, or any attorney representing the interests of |
13 | the Commonwealth. |
14 | "Benefit period" means, with respect to any individual, a |
15 | period of consecutive days beginning with the first day not |
16 | included in a previous benefit period on which he is furnished |
17 | inpatient hospital care, and ending with the last day of the |
18 | first sixty-day period thereafter during each day of which he is |
19 | not an inpatient in a hospital. |
20 | "County" means a county, or a first class city. |
21 | "County program" means a mental health and [mental |
22 | retardation] intellectual disability program established by a |
23 | county, or two or more counties acting in concert and includes a |
24 | complex of services providing a continuum of care in the |
25 | community for the mentally disabled. |
26 | "Department" means the Department of Public Welfare. |
27 | "Designated facility" means a State operated facility named |
28 | by the department, or other facility named by the administrator, |
29 | for certain purposes or as a place of reception. |
30 | "Director" means the administrative head of a facility and |
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1 | includes superintendents. |
2 | "Facility" means any mental health establishment, hospital, |
3 | clinic, institution, center, day care center or other |
4 | organizational unit, or part thereof, which is devoted primarily |
5 | to the diagnosis, treatment, care, rehabilitation or detention |
6 | of mentally disabled persons. |
7 | "Inpatient services" means diagnosis, evaluation, |
8 | classification, care, treatment or rehabilitation rendered to a |
9 | mentally disabled person admitted or committed to a facility for |
10 | a continuous period of twenty-four hours, or longer. |
11 | "Intellectual disability" means significantly subaverage |
12 | general intellectual functioning that is accompanied by |
13 | significant limitations in adaptive functioning in at least two |
14 | of the following skill areas: communication, self-care, home |
15 | living, social and interpersonal skills, use of community |
16 | resources, self-direction, functional academic skills, work, |
17 | leisure, health and safety. The onset must occur before the | <-- |
18 | individual's twenty-second birthday. |
19 | "Issuing authority" means any public official having the |
20 | power and authority of an alderman, justice of the peace or |
21 | magistrate. |
22 | "Local authorities" means the county commissioners of a |
23 | county, or the city councils and the mayors of the first class |
24 | cities, or two or more of these acting in concert. |
25 | "Mental disability" means any mental illness, mental |
26 | impairment[, mental retardation,] or mental deficiency, which so |
27 | lessens the capacity of a person to use his customary self- |
28 | control, judgment and discretion in the conduct of his affairs |
29 | and social relations as to make it necessary or advisable for |
30 | him to be under care as provided in this act. [It shall include |
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1 | conditions and terms heretofore defined as "insanity," |
2 | "unsoundness of mind," "lunacy," "mental disease," "mental |
3 | disorder," "feebleminded," "moron," "idiot" and "imbecile."] |
4 | This term shall not include senility, unless mental illness or |
5 | [mental retardation] an intellectual disability is superimposed. |
6 | "Mental hospital" means a residential facility for the |
7 | diagnosis, care and treatment of the mentally disabled other |
8 | than [the mentally retarded] those with intellectual | <-- |
9 | disabilities. |
10 | ["Mental retardation" means subaverage general intellectual |
11 | functioning which originates during the developmental period and |
12 | is associated with impairment of one or more of the following: |
13 | (1) maturation, (2) learning and (3) social adjustment.] |
14 | "Outpatient services" means diagnosis, evaluation, |
15 | classification, counseling care, treatment or rehabilitation |
16 | rendered under this act at a facility, to a mentally disabled |
17 | person not admitted or committed thereto. |
18 | "Partial hospitalization" means diagnosis, evaluation, |
19 | classification, care, treatment or rehabilitation rendered to a |
20 | mentally disabled person admitted or committed to a facility for |
21 | some portion of one or more twenty-four hour periods. |
22 | "Physician" means a physician licensed to practice in |
23 | Pennsylvania. |
24 | "Psychiatrist" means a physician who by years of study, |
25 | training and experience has achieved professional recognition |
26 | and standing in the field of psychiatry. |
27 | "Psychologist" means a person who by years of study, training |
28 | and experience has achieved professional recognition and |
29 | standing in the field of clinical psychology. |
30 | "Secretary" means the Secretary of Public Welfare. |
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1 | "Social worker" means a person who by years of study, |
2 | training and experience has achieved professional recognition |
3 | and standing in the field of social work. |
4 | Section 201. General Powers and Duties of the Department.-- |
5 | The department shall have power, and its duty shall be: |
6 | (1) To assure within the State the availability and |
7 | equitable provision of adequate mental health and [mental |
8 | retardation] intellectual disability services for all persons |
9 | who need them, regardless of religion, race, color, national |
10 | origin, settlement, residence, or economic or social status. |
11 | (2) To make, with the advice of the Advisory Committee for |
12 | Mental Health and [Mental Retardation] Intellectual Disability |
13 | and enforce all regulations necessary and appropriate to the |
14 | proper accomplishment of the mental health and [mental |
15 | retardation] intellectual disability duties and functions |
16 | imposed by this act. Such regulations shall not become effective |
17 | until the department shall have given the local authorities |
18 | thirty days written notice of the proposed regulations and |
19 | afforded the local authorities the opportunity for a hearing |
20 | before the department on the proposed regulations. |
21 | (3) To consult with and assist each county in carrying out |
22 | mental health and [mental retardation] intellectual disability |
23 | duties and functions and where necessary after thirty days |
24 | written notice to the counties affected and an opportunity for |
25 | such counties for a hearing before the department and with the |
26 | advice of the Advisory Committee for Mental Health and [Mental |
27 | Retardation] Intellectual Disability to require two or more |
28 | counties to join in establishing a program to provide the |
29 | services required by this act. |
30 | (4) To adopt State-wide plans for the operation of all State |
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1 | operated facilities under the jurisdiction of the department and |
2 | to assign to each facility or portion thereof, such duties for |
3 | the care of the mentally disabled, as the secretary shall |
4 | prescribe. The assignments herein referred to shall be made with |
5 | due regard to geographical location and population distribution. |
6 | (5) To establish and maintain working relationships with |
7 | other governmental bodies and public and private agencies, |
8 | institutions and organizations so as to assure maximum |
9 | utilization of services and facilities which each such |
10 | governmental body and public and private agency, institution and |
11 | organization may have, which may be of benefit to the mentally |
12 | disabled. |
13 | (6) To appoint such regional mental health and [mental |
14 | retardation] intellectual disability boards as may be necessary |
15 | to advise the department in the establishment, administration |
16 | and review of mental health and [mental retardation] |
17 | intellectual disability programs. |
18 | (7) To make grants, pay subsidies, purchase service and |
19 | provide reimbursement for mental health and [mental retardation] |
20 | intellectual disability services in accordance with this act. |
21 | (8) To supervise mental health and [mental retardation] |
22 | intellectual disability facilities, services and programs as |
23 | provided by law. |
24 | Section 202. State Facilities.--(a) The department shall |
25 | operate all State facilities and shall assign such functions to |
26 | each as the secretary shall prescribe. |
27 | (b) The department is hereby authorized to establish, |
28 | extend, operate and maintain additional facilities and provide |
29 | mental health and [mental retardation] intellectual disability |
30 | services therein. The department may also lease or otherwise |
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1 | acquire, through the Department of Property and Supplies, other |
2 | additional facilities. |
3 | Section 301. General Powers and Duties of Local Authorities; |
4 | Mental Health and [Mental Retardation] Intellectual Disability |
5 | Program and Services.--(a) The local authorities of each county |
6 | separately or in concert with another county or counties, as the |
7 | secretary may approve, shall establish a county mental health |
8 | and [mental retardation] intellectual disability program for the |
9 | prevention of mental disability, and for the diagnosis, care, |
10 | treatment, rehabilitation and detention of the mentally disabled |
11 | and shall have power to make appropriations for such purposes. |
12 | Such program shall conform with regulations of the department |
13 | promulgated under section 202(2). |
14 | (b) To [insure] ensure the operation of a county mental | <-- |
15 | health and [mental retardation] intellectual disability program |
16 | in each county, the secretary subject to the provisions of |
17 | section 201(3) shall have the power to direct the local |
18 | authorities of any county to join with the local authorities of |
19 | any other county to establish such program or become a part of a |
20 | program existing in such other county or counties. |
21 | (c) To operate such county mental health and [mental |
22 | retardation] intellectual disability program, the local |
23 | authorities shall employ such personnel as are necessary. The |
24 | selection, appointment and retention of such employes, and the |
25 | termination of their employment shall be on the basis of a merit |
26 | system which shall conform to minimum standards established by |
27 | the department with the advice of the Advisory Committee for |
28 | Mental Health and [Mental Retardation] Intellectual Disability. |
29 | Such minimum standards shall not become effective until the |
30 | department shall have given the local authorities thirty days' |
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1 | written notice of the proposed standards and afforded the local |
2 | authorities the opportunity for a hearing before the department |
3 | on the proposed minimum standards. |
4 | (d) Subject to the provisions of sections 508 and 509(5) it |
5 | shall be the duty of local authorities in cooperation with the |
6 | department to [insure] ensure that the following mental health | <-- |
7 | and [mental retardation] intellectual disability services are |
8 | available: |
9 | (1) Short term inpatient services other than those provided |
10 | by the State. |
11 | (2) Outpatient services. |
12 | (3) Partial hospitalization services. |
13 | (4) Emergency services twenty-four hours per day which shall |
14 | be provided by, or available within at least one of the types of |
15 | services specified heretofore in this paragraph. |
16 | (5) Consultation and education services to professional |
17 | personnel and community agencies. |
18 | (6) Aftercare services for persons released from State and |
19 | County facilities. |
20 | (7) Specialized rehabilitative and training services |
21 | including sheltered workshops. |
22 | (8) Interim care of [mentally retarded persons] those with | <-- |
23 | intellectual disabilities who have been removed from their homes |
24 | and who having been accepted, are awaiting admission to a State |
25 | operated facility. |
26 | (9) Unified procedures for intake for all county services |
27 | and a central place providing referral services and information. |
28 | (e) Such local authorities shall also have the power to |
29 | establish the following additional services or programs for the |
30 | mentally disabled: |
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1 | (1) Training of personnel. |
2 | (2) Research. |
3 | (3) Any other service or program designed to prevent mental |
4 | disability or the necessity of admitting or committing the |
5 | mentally disabled to a facility. |
6 | (f) Services herein required or authorized may be provided |
7 | either directly or by purchase of such services, except that the |
8 | services required in section 301(d)(9) shall be provided |
9 | directly through the county administrator. |
10 | (g) To establish local mental health and [mental |
11 | retardation] intellectual disability boards in accordance with |
12 | provisions of section 302. |
13 | Section 302. Establishment of County Mental Health and |
14 | [Mental Retardation] Intellectual Disability Board.--(a) Except |
15 | in cities of the first class, the local authorities of a county |
16 | or of two or more counties participating in concert in a county |
17 | mental health and [mental retardation] intellectual disability |
18 | program shall appoint a Mental Health and [Mental Retardation] |
19 | Intellectual Disability Board, hereinafter called the board, |
20 | which shall consist of thirteen residents including, from each |
21 | county, a representative of the board of county commissioners. |
22 | At least two members thereof shall be physicians, and where |
23 | possible one shall be a psychiatrist and the other a |
24 | pediatrician. There shall also be appropriate representation |
25 | drawn from: |
26 | (1) The professional fields of psychology, social work, |
27 | nursing, education and religion; |
28 | (2) Local citizens' organizations active in the field of |
29 | mental health; |
30 | (3) Local citizens' organizations active in the field of |
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1 | [mental retardation] intellectual disability; |
2 | (4) Local health and welfare planning organizations; |
3 | (5) Local general hospitals; and |
4 | (6) Other interested community groups. |
5 | Where two or more counties are participating in concert in said |
6 | program, the members of said board shall be selected |
7 | substantially on a proportionate basis as to population, |
8 | providing however that each county, irrespective of population, |
9 | shall have at least one member on the board. |
10 | (b) Each member shall be appointed for a period of three |
11 | years. The initial appointment of members of the board shall be |
12 | for overlapping periods of three, two and one years. In making |
13 | the initial appointments, in so far as possible, one-third of |
14 | the members shall be appointed to each of the overlapping |
15 | periods. Any vacancies occurring in the membership of the board |
16 | shall be filled by the local authorities for the unexpired |
17 | period. The local authorities may remove any member of the board |
18 | during his period of service for cause only. The members shall |
19 | serve without compensation other than reimbursement for travel |
20 | and other actual expenses incurred in connection with called |
21 | meetings of the board. |
22 | (c) A majority of the board members shall constitute a |
23 | quorum. The members shall select a chairman from among |
24 | themselves. Each board shall meet at least once each quarter, |
25 | and may, by majority vote of the membership, establish more |
26 | frequent regular meetings not exceeding one per month. Special |
27 | meetings shall be held on call of the chairman, and it shall be |
28 | the duty of the chairman to call a special meeting upon the |
29 | written request of one-third or more of the members, not |
30 | including vacancies of the board. |
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1 | (d) In cities of the first class, a mental health and |
2 | [mental retardation] intellectual disability board shall be |
3 | appointed, and the members shall hold office, under the |
4 | provisions of the city charter. |
5 | Section 303. Duties of the County Mental Health and [Mental |
6 | Retardation] Intellectual Disability Board.--(a) The County |
7 | Mental Health and [Mental Retardation] Intellectual Disability |
8 | Board shall have the power and its duty shall be: |
9 | (1) To review and evaluate the county's mental health and |
10 | [mental retardation] intellectual disability needs, services, |
11 | facilities and special problems in relation to the local health |
12 | and welfare needs, services and programs. |
13 | (2) Except in cities of the first class, to recommend to |
14 | local authorities not less than two persons for the position of |
15 | administrator. Such persons shall meet the standards of |
16 | professional skill and experience as the department may |
17 | establish by regulation. |
18 | (3) To develop, together with the administrator, annual |
19 | plans for the mental health and [mental retardation] |
20 | intellectual disability programs required by sections 301 and |
21 | 509. |
22 | (4) To make recommendations to the local authorities |
23 | regarding the program and any other matters relating to mental |
24 | health and [mental retardation] intellectual disability services |
25 | in the county, including purchase of service contracts and the |
26 | extent of funds required to implement the program. |
27 | (5) To review performance under the mental health and |
28 | [mental retardation] intellectual disability program and to |
29 | recommend a system of program evaluation. |
30 | (b) The functions of this board may be performed by a multi- |
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1 | purpose board acting in the health and welfare field, if the |
2 | local authorities so elect with appropriate representation as |
3 | specified in section 302(a), in so far as possible, and subject |
4 | to the approval of the department. |
5 | Section 304. County Mental Health and [Mental Retardation] |
6 | Intellectual Disability Administrator; Appointment.--Except in |
7 | cities of the first class, where the administrator shall be |
8 | appointed under the merit system, the local authorities shall |
9 | appoint a county mental health and [mental retardation] |
10 | intellectual disability administrator from a list of not less |
11 | than two names submitted by the County Mental Health and [Mental |
12 | Retardation] Intellectual Disability Board. If, thirty days |
13 | after the county board has submitted a list to the local |
14 | authorities, an appointment has not been made because of a tie |
15 | vote or other failure of the local authorities to make such |
16 | appointment, the same shall be made by the secretary after |
17 | consultation with the local authorities. The appointment of the |
18 | administrator, by whomever made, may be terminated by the local |
19 | authorities, provided, that no appointment made by the secretary |
20 | under this section shall be terminated without the approval of a |
21 | majority of the County Mental Health and [Mental Retardation] |
22 | Intellectual Disability Board. |
23 | Section 305. Duties of the Administrator.--The county mental |
24 | health and [mental retardation] intellectual disability |
25 | administrator shall have the power and his duty shall be: |
26 | (1) To administer the county mental health and [mental |
27 | retardation] intellectual disability program. |
28 | (2) To insure that county mental health and [mental |
29 | retardation] intellectual disability services required by this |
30 | act are available. |
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1 | (3) To provide staff services to the County Mental Health |
2 | and [Mental Retardation] Intellectual Disability Board. |
3 | (4) To make such reports to the department in such form and |
4 | containing such information as the department may require. |
5 | (5) To develop, together with the County Mental Health and |
6 | [Mental Retardation] Intellectual Disability Board, annual plans |
7 | for the mental health and [mental retardation] intellectual |
8 | disability programs required by this act. |
9 | (6) To submit to local authorities annual plans and |
10 | estimated costs for the provision of services, establishment and |
11 | operation of facilities, and other related matters for review, |
12 | approval and transmittal to the department. |
13 | (7) To review and evaluate facilities, and to cooperate with |
14 | the department in the maintenance of established standards. |
15 | (8) To maintain effective liaison with governmental and |
16 | private community health and welfare agencies and organizations |
17 | and State operated facilities. |
18 | (9) To submit an annual report to the local authorities, the |
19 | board and the department reporting all activities of the program |
20 | and his administration thereof. |
21 | (10) To analyze and evaluate mental health and [mental |
22 | retardation] intellectual disability needs and services in the |
23 | county and recommend improvements to the County Mental Health |
24 | and [Mental Retardation] Intellectual Disability Board and local |
25 | authorities, conduct such research studies, and take such steps |
26 | and adopt such measures as are necessary for the proper |
27 | discharge of his duties. |
28 | Section 401. Applications for Admission or Commitment; to |
29 | Whom Made.--(a) Any mentally disabled person who desires care |
30 | in a facility may make appropriate application directly to any |
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1 | facility willing and able to receive him, or to the |
2 | administrator of the county where the person is or resides, for |
3 | placement in a facility. |
4 | (b) Any person authorized by this act to do so may make |
5 | application on behalf of a mentally disabled person directly to |
6 | any facility willing and able to receive such person. If no such |
7 | facility is available, or if public funds will or may be |
8 | expended to pay all or part of the cost of care of such person |
9 | under a county mental health and [mental retardation] |
10 | intellectual disability program, application shall be made to |
11 | the administrator of the county where the person is or resides |
12 | for placement in a facility, except that applications for |
13 | detention under section 405 must be made to the administrator. |
14 | (c) Whenever a court commits any person under any provision |
15 | of this act, it may commit such person directly to a facility |
16 | willing and able to receive him; otherwise, the court shall |
17 | commit to a designated local or State facility, or to the |
18 | Veterans Administration or other agency of the United States |
19 | upon receipt of a certificate that the person is eligible for |
20 | such hospitalization and there is available space for his care. |
21 | Section 404. Commitment on Application by Relative, etc.; |
22 | Physicians' Certificates; Review.--(a) A written application |
23 | for commitment to a facility may be made in the interest of any |
24 | person who appears to be mentally disabled and in need of care. |
25 | It may be made by a relative, guardian, friend, individual |
26 | standing in loco parentis to the person to be committed, or by |
27 | the executive officer or an authorized agent of a governmental |
28 | or recognized nonprofit health or welfare organization or agency |
29 | or any responsible person. |
30 | (b) Such application shall be accompanied by the |
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1 | certificates of two physicians who have examined the person |
2 | whose commitment is sought, within one week of the date of the |
3 | certificates, and who have found that, in their opinion, such |
4 | person is mentally disabled and in need of care. In the case of |
5 | a mentally retarded person, the physician's certification shall |
6 | be accompanied by the report of a psychologist. No person shall |
7 | be committed hereunder if any certificate is dated more than |
8 | thirty days prior to the date of commitment, except that if the |
9 | mental disability consists of [mental retardation] intellectual |
10 | disability, the certificates may be dated not more than three |
11 | months prior to the date of commitment. The application, |
12 | certificates and the report, if any, shall be signed and sworn |
13 | to or affirmed. |
14 | (c) The director may receive the person named in the |
15 | application and detain him until discharge in accordance with |
16 | the provisions of this act. When application is made by any |
17 | person other than a relative or guardian, the director upon |
18 | reception of the person named in the application shall notify |
19 | the appropriate relative or guardian of such person of the |
20 | commitment. |
21 | (d) Every commitment made under this section except those to |
22 | the Veterans Administration or other agency of the United States |
23 | Government, shall be reviewed at least annually by a committee |
24 | appointed by the director from the professional staff of the |
25 | facility wherein the person is detained, to determine whether |
26 | continued care and commitment is necessary. Said committee shall |
27 | make written recommendations to the director which shall be |
28 | filed at the facility, and be open to inspection and review by |
29 | the department, and such other persons as the secretary, by |
30 | regulation, may permit. |
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1 | Section 3. Section 509 of the act, amended May 17, 1972 |
2 | (P.L.300, No.78), is amended to read: |
3 | Section 509. State and County Grants and Payments.--The |
4 | department, subject to the provisions of section 503, shall have |
5 | the power, and its duty shall be: |
6 | (1) From State and Federal funds, to make annual grants to |
7 | counties to defray part of the cost of county programs |
8 | authorized by this act and approved by the department, in the |
9 | amount of ninety percent of the excess of all such approved |
10 | expenditures for such programs over the amount paid for the same |
11 | purpose from any public or private source directly to |
12 | participating counties, facilities or individuals. |
13 | (2) To prescribe the time at which the counties shall submit |
14 | to the department annual plans and annual estimates of |
15 | expenditures, and revisions thereof, to carry out mental health |
16 | and [mental retardation] intellectual disability programs. Such |
17 | plans and estimates shall contain such information as the |
18 | secretary by regulation shall prescribe. |
19 | (3) Upon approval of an annual plan and the estimated |
20 | expenditures for a mental health and [mental retardation] |
21 | intellectual disability program, to compute an annual grant in |
22 | accordance with the formula established in clause (1) of this |
23 | section. |
24 | (4) To pay the annual grant in four quarterly installments. |
25 | The moneys received in any quarter may be used at any time |
26 | during the year. The first installment shall be for the quarter |
27 | beginning July 1 and ending September 30; the second installment |
28 | shall be for the quarter beginning October 1 and ending December |
29 | 31; the third installment shall be for the quarter beginning |
30 | January 1 and ending March 31; and the fourth installment shall |
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1 | be for the quarter beginning April 1 and ending June 30. Each |
2 | installment shall be paid at the beginning of the quarter only |
3 | if the department is satisfied that the county is complying with |
4 | the regulations of the department prescribing minimum mental |
5 | health and [mental retardation] intellectual disability |
6 | services, minimum standards of performance of mental health and |
7 | [mental retardation] intellectual disability services and |
8 | minimum standards of mental health and [mental retardation] |
9 | intellectual disability personnel administration on a merit |
10 | basis. |
11 | (5) In the event that sufficient funds to pay the full |
12 | amount of the grants to which the counties may be entitled under |
13 | the provisions of this section have not been appropriated, to |
14 | distribute State funds among the counties by a formula |
15 | reasonably designed to achieve the objectives of this act, |
16 | provided however, that in such event the counties' financial |
17 | obligations under this act shall be reduced in accordance with |
18 | the same formula and the counties shall be required to provide |
19 | only those services for which sufficient funds are available. |
20 | (6) To review grants against actual expenditures at any time |
21 | and to make appropriate adjustments in subsequent grants. If a |
22 | grant overpayment cannot be recovered through such an adjustment |
23 | for any reason, the department shall effect a refund of such |
24 | overpayment from the county. |
25 | (7) For the purpose of this act, the contribution with |
26 | respect to services, equivalent to the employer's tax |
27 | established by the Federal Social Security Act shall be the |
28 | first obligation against any State funds received by the |
29 | counties for their use or authorized under this act and shall |
30 | first be paid therefrom. |
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1 | Section 4. Sections 510 and 511 of the act are amended to |
2 | read: |
3 | Section 510. Supplemental Grants.--The department may make |
4 | additional grants to any county participating in an approved |
5 | mental health and [mental retardation] intellectual disability |
6 | plan to assist in establishing the services provided for in such |
7 | plan, for the first three years of operation of such plan. Said |
8 | grant shall be supplemental to grants authorized by section 509 |
9 | but shall not exceed in any one year, ten percent of the grant |
10 | made under that section. |
11 | Section 511. Interim Grants for Mental Health and [Mental |
12 | Retardation] Intellectual Disability Services.--(a) From State |
13 | and Federal funds, the department may make grants to any county, |
14 | or combination of counties, or to any facility for all or part |
15 | of the cost of services designed to carry out the provisions of |
16 | article III of this act. |
17 | (b) Such grants, whose amounts shall be calculated in |
18 | accordance with a formula to be determined by the department, |
19 | shall terminate with respect to a particular county, or |
20 | combination of counties, on the approval of the initial plan for |
21 | a mental health and [mental retardation] intellectual disability |
22 | program or on the deadline for the establishment of all such |
23 | programs, as provided in section 512, whichever is earlier. |
24 | Section 5. Section 512 of the act, amended June 28, 1968 |
25 | (P.L.280, No.135), is amended to read: |
26 | Section 512. Deadline for Establishment of County Mental |
27 | Health and [Mental Retardation] Intellectual Disability Program; |
28 | Failure to Comply with Minimum Standards; Penalties.--(a) Each |
29 | county acting alone or in participation with other counties as |
30 | provided in section 301 shall, by January 1, 1969, submit to the |
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1 | department for approval a plan for a county mental health and |
2 | [mental retardation] intellectual disability program. The |
3 | information and material upon which such plan shall be |
4 | formulated for submission to the department shall be published |
5 | and distributed to the counties by the Advisory Committee for |
6 | Mental Health and [Mental Retardation] Intellectual Disability |
7 | on or before August 1, 1968. |
8 | (b) If, by July 1, 1969, any county has not submitted any |
9 | plan or if although it shall have submitted a plan, it has not |
10 | made such alterations or additions to such plan as to secure |
11 | approval by the department, the department shall provide mental |
12 | health and [mental retardation] intellectual disability services |
13 | for such county. |
14 | (c) If at any time after the approval of a plan, the |
15 | department determines, after hearing, that such county or |
16 | combination of participating counties is not complying with |
17 | regulations promulgated under section 202(2) and that, as a |
18 | result, the needs of the mentally disabled persons are not being |
19 | adequately met, the department shall provide mental health and |
20 | [mental retardation] intellectual disability services for such |
21 | county or counties. |
22 | (d) When in pursuance of this section, the department shall |
23 | provide the mental health and [mental retardation] intellectual |
24 | disability services of a county or counties, such county or |
25 | counties shall be charged and shall pay the county share |
26 | computed in accordance with section 509, and, to compensate the |
27 | State for its expenses incident to the administration of the |
28 | county program, an additional fifteen percent of the net cost to |
29 | the Commonwealth for the county program. The amount due the |
30 | Commonwealth shall be paid by the county or counties within |
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1 | twelve months after receipt of the department's notice of the |
2 | amount due. All sums collected from the county under this |
3 | section, in whatever manner such collections are made, shall be |
4 | paid into the State Treasury and shall be credited to the |
5 | current appropriations to the department to carry out State |
6 | obligations under this section. |
7 | (e) The department shall relinquish the administration of |
8 | the mental health and [mental retardation] intellectual |
9 | disability program of the county upon establishment or |
10 | reinstatement as the case may be, of an approved county mental |
11 | health and [mental retardation] intellectual disability program |
12 | in compliance with this act and thereafter grants and payments |
13 | authorized herein may be made by the department. |
14 | Section 6. This act shall take effect immediately. |
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