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PRINTER'S NO. 117
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
133
Session of
2015
INTRODUCED BY MURT, ACOSTA, BARRAR, BOYLE, V. BROWN, BROWNLEE,
CALTAGIRONE, COHEN, D. COSTA, DAVIS, DeLUCA, FRANKEL,
GOODMAN, KAVULICH, MILLARD, O'NEILL, C. PARKER, SCHLOSSBERG
AND STURLA, JANUARY 21, 2015
REFERRED TO COMMITTEE ON HUMAN SERVICES, JANUARY 21, 2015
AN ACT
Establishing a bill of rights for individuals with intellectual
and developmental disabilities; and conferring powers and
duties on the Department of Human Services.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Individuals
with Intellectual and Developmental Disabilities Bill of Rights
Act.
Section 2. Findings.
The General Assembly finds and declares as follows:
(1) Disability is a natural part of the human
experience, which does not diminish the right of individuals
with intellectual and developmental disabilities to:
(i) enjoy the opportunity to live, to the extent
possible, independently;
(ii) make choices;
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(iii) contribute to society; and
(iv) experience full integration and inclusion in
the economic, political, social, cultural and educational
mainstream of society in this Commonwealth.
(2) Individuals with intellectual and developmental
disabilities continually encounter various forms of
discrimination in critical areas.
(3) There is a lack of public awareness of the
capabilities and competencies of individuals with
intellectual and developmental disabilities.
(4) A substantial number of individuals with
intellectual and developmental disabilities and their
families or legal guardians do not have access to appropriate
support and services from generic and specialized service
systems and remain unserved or underserved.
(5) Communities can be enriched by the full and active
participation and the contributions by individuals with
intellectual and developmental disabilities and their
families; and there is a need to ensure that, within this
Commonwealth, there is the availability and equitable
provision of necessary services for individuals with
intellectual and developmental disabilities, regardless of
religion, race, color, national origin, economic or social
status and degree or type of disability.
(6) The long-time commitment of the General Assembly to
secure for individuals with intellectual and developmental
disabilities in partnership with their families or legal
guardians the opportunity to choose where they live is
affirmed. The choice of service options must be supported by
State policy. The choice of service options is to be ensured
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to individuals with intellectual and developmental
disabilities, encouraging that they not leave their homes or
community to the maximum extent possible.
(7) Services must ensure accountability, credibility,
responsiveness and quality assurance, whether the funding is
Federal, State, local or community.
(8) As of September 30, 2014, there are approximately
13,987 individuals in this Commonwealth with intellectual
disabilities who are waiting for services and programs. There
are more than 10,314 people with emergency and critical
needs. The waiting list for these persons is expected to grow
substantially into the foreseeable future.
(9) The Department of Human Services needs to develop an
adequate plan to address the needs and services for the
individuals on the waiting list for intellectual disability
services.
(10) For true choice to exist, individuals with
intellectual and developmental disabilities and their
families or legal guardians must be provided with information
about their options for services.
(11) The goals of the Commonwealth properly include the
goal of providing individuals with intellectual and
developmental disabilities and their families or legal
guardians with the opportunities and support to:
(i) Make informed choices and decisions.
(ii) Pursue meaningful and productive lives.
(iii) Live in a home and community of their choice.
(iv) Achieve full integration and inclusion in
society, in an individualized manner, consistent with the
unique strengths, resources, priorities, concerns,
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abilities and capabilities of the individual.
(12) The purpose of this act is to reflect the United
States Supreme Court decision of Olmstead v. L.C. (No.98-536
U.S. 1999) and the Commonwealth desires to assure individuals
with intellectual and developmental disabilities and their
families or legal guardians full and complete participation
in the design of and access to services, supports and other
assistance and opportunities which promote independence,
productivity and choice of living arrangement.
(13) It is the policy of the Commonwealth that all
programs, projects and activities operating in this
Commonwealth be carried out in a manner consistent with the
following principles:
(i) Individuals with intellectual and developmental
disabilities are capable of pursuing independence,
productivity and integration and inclusion into the
community and often require the provision of services,
supports and other assistance to achieve independence,
productivity and integration and inclusion.
(ii) Individuals with intellectual and developmental
disabilities and their families or legal guardians have
competencies, capabilities and personal goals which shall
be recognized, supported and encouraged; and any
assistance to such individuals shall be provided in an
individualized manner, consistent with the unique
strengths, resources, priorities, concerns, abilities and
capabilities of the individuals.
(iii) Individuals with intellectual and
developmental disabilities and their families or legal
guardians are the primary decision makers regarding the
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services and supports such individuals and their families
receive and play significant decision-making roles in
policies and programs which affect the lives of such
individuals and their families.
(iv) Individuals with intellectual and developmental
disabilities and their families or legal guardians have
varying goals and needs, and, therefore, this act does
not support one specific service system or setting over
another so long as it is within the parameters of
applicable reported judicial decisions.
(v) The Commonwealth shall, within budgetary
accountability, provide services, supports and other
assistance which reflect the principles of everyday life
that have been the cornerstone of the Commonwealth's
human services for people with intellectual and
developmental disabilities.
Section 3. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Department." The Department of Human Services of the
Commonwealth.
Section 4. Choice.
(a) Community-based service.--The Commonwealth shall provide
individualized community-integrated supports and services for an
individual with intellectual and developmental disabilities if
all of the following apply:
(1) The individual has an intellectual or developmental
disability.
(2) The individual chooses certain supports and services
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or does not oppose the supports and services.
(3) The supports and services are included in an
individualized services plan developed by an authorized State
or county supports coordinator with the input of the
individual and the individual's guardian and advocate.
(b) Family.--Unless the individual determines otherwise,
family members and legal guardians of an individual with
intellectual and developmental disabilities shall be involved in
meetings regarding the planning for and arrangement of
community-based services or other allowable services.
(c) Contact.--Nothing in this act shall be construed to
prohibit an individual with intellectual and developmental
disabilities from maintaining contact with family and friends at
an intermediate care facility, a community living arrangement or
a day program.
(d) Complaints.--An individual with intellectual and
developmental disabilities, a family member or a legal guardian
of such individual who believes that the needs as detailed in
the individualized service plan are not being met may provide
the State or county a letter expressing concerns. The State or
county shall, within 30 days, address the concerns and, if
necessary, take corrective action.
Section 5. Waiting list for intellectual disability services.
(a) Waiting list plan.--Within one year of the effective
date of this section, the department shall develop a five-year
plan to eliminate the current as well as any future additions to
the critical and emergency waiting list for individuals with
intellectual disabilities who are in need of allowable supports
and services and shall submit the plan to the Governor, the
General Assembly and the county intellectual disability program
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administrators.
(b) Contents of plan.--The plan required by subsection (a)
shall include:
(1) Statistical information on the current and projected
annual increase in the waiting list on a county basis. The
department shall develop a Statewide standardized form to
collect the information from the counties.
(2) Budget projections taking into consideration the
department's current budget year, projected annual costs
associated with the elimination of the waiting list,
financial information on the amount of additional Federal,
State or other funds in each county which may be required
annually for the operational costs associated with the
elimination of the waiting list in each county and the
projected annual waiting list in each annual plan update.
(c) Public hearings and comment.--In the development of the
plan required by subsection (a), the department shall conduct
public hearings and obtain public comment from individuals with
intellectual disabilities, their families and guardians and
providers of services to the intellectual disability community.
(d) Annual submission of updated plan.--The department shall
update the budget, statistical and financial data to the plan
required by subsection (a) annually and submit an updated plan
to the Governor, the General Assembly and the county
intellectual disability program administrators on the
anniversary date of the department's original submission of the
plan.
Section 6. Funding.
Services under this act shall be made available across this
Commonwealth, taking into account the budget constraints and
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financial resources available to the Commonwealth and the needs
of individuals with intellectual and developmental disabilities.
Section 7. Effective date.
This act shall take effect in 60 days.
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