Regular Session 2015-2016 House Bill 0133 P.N. 1753

PRIOR PRINTER'S NO. 117

PRINTER'S NO. 1753

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,

STURLA, GIBBONS, SAMUELSON, MOUL, R. BROWN, BIZZARRO, FLYNN,

SCHWEYER, KILLION AND TOOHIL, JANUARY 21, 2015

AS REPORTED FROM COMMITTEE ON HUMAN SERVICES, HOUSE OF

REPRESENTATIVES, AS AMENDED, JUNE 9, 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;

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(ii) make choices;

(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

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State policy. The choice of service options is to be ensured

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

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unique strengths, resources, priorities, concerns,

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

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guardians are the primary decision makers regarding the

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.

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(2) The individual chooses certain supports and services

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.

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

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General Assembly and the county intellectual disability program

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.

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

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Commonwealth, taking into account the budget constraints and

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.

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 MAXIMUM

EXTENT POSSIBLE, INDEPENDENTLY AND IN THE COMMUNITY;

(II) MAKE CHOICES AND DECISIONS;

(III) CONTRIBUTE TO SOCIETY AND PARTICIPATE IN THE

COMMUNITY; AND

(IV) EXPERIENCE FULL INTEGRATION AND INCLUSION IN

THE ECONOMIC, POLITICAL, SOCIAL, CULTURAL, EDUCATIONAL

AND ALL OTHER ASPECTS OF SOCIETY IN THIS COMMONWEALTH.

(2) INDIVIDUALS WITH INTELLECTUAL AND DEVELOPMENTAL

DISABILITIES CONTINUALLY ENCOUNTER VARIOUS FORMS OF

DISCRIMINATION IN ALL 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

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FAMILIES OR LEGAL GUARDIANS DO NOT HAVE ACCESS TO APPROPRIATE

COMMUNITY-INTEGRATED 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 COMMUNITY-INTEGRATED 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 IN THE

COMMUNITY IS AFFIRMED. THE CHOICE OF SERVICE OPTIONS SHALL BE

SUPPORTED BY STATE POLICY. THE CHOICE OF COMMUNITY-INTEGRATED

SERVICE OPTIONS IS TO BE ENSURED TO INDIVIDUALS WITH

INTELLECTUAL AND DEVELOPMENTAL DISABILITIES, ENCOURAGING THAT

THEY STAY IN 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 MARCH 31, 2015, THERE ARE APPROXIMATELY 13,971

INDIVIDUALS IN THIS COMMONWEALTH WITH INTELLECTUAL

DISABILITIES WHO ARE WAITING FOR HOME-BASED AND COMMUNITY-

BASED SERVICES AND PROGRAMS. THERE ARE MORE THAN 10,323

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PEOPLE WITH EMERGENCY AND CRITICAL NEEDS. AS OF JANUARY 31,

2015, THERE ARE MORE THAN 1,400 INDIVIDUALS ON THE AUTISM

HOME-BASED AND COMMUNITY-BASED SERVICES WAITING LIST, OR

INTEREST LIST. 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, FOR THE INDIVIDUALS ON THE WAITING LIST FOR AUTISM

SERVICES, AND FOR ALL INDIVIDUALS WITH DISABILITIES TO

PREVENT UNNECESSARY INSTITUTIONALIZATION.

(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 COMMUNITY-INTEGRATED 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,

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., 119 S.CT.

2176 (1999) (NO.98-536 U.S. 1999) AND THE COMMONWEALTH

OBLIGATION TO ASSURE INDIVIDUALS WITH INTELLECTUAL AND

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DEVELOPMENTAL DISABILITIES AND, IF CHOSEN BY THE INDIVIDUAL,

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 COMMUNITY 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 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, IF CHOSEN BY THE

INDIVIDUAL, THEIR FAMILIES OR LEGAL GUARDIANS ARE THE

PRIMARY DECISION MAKERS REGARDING THE 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

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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 THE CHOICE AS TO HOW AND WHERE TO

RECEIVE SERVICES REMAINS WITH THE INDIVIDUAL.

(V) THE COMMONWEALTH SHALL, WITHIN BUDGETARY

ACCOUNTABILITY, PROVIDE SERVICES, SUPPORTS AND OTHER

ASSISTANCE WHICH REFLECT THE PRINCIPLES OF EVERYDAY LIFE

AND SELF-DETERMINATION 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:

"COMMUNITY-INTEGRATED SUPPORTS AND SERVICES OPTIONS," "HOME

AND COMMUNITY-BASED SERVICES" OR "SUPPORTS AND SERVICES."

INTEGRATED SERVICES IN THE HOME AND COMMUNITY, INCLUDING THE

INTEGRATED SETTINGS WHERE SUCH SERVICES ARE PROVIDED, AS DEFINED

BY FEDERAL REGULATIONS AT 42 CFR §§ 440.180 (RELATING TO HOME

AND COMMUNITY-BASED WAIVER SERVICES) AND 441.301(C)(4) AND (5)

(RELATING TO CONTENTS OF REQUEST FOR A WAIVER), WHICH ARE

DEVELOPED IN ACCORDANCE WITH THE PERSON-CENTERED PLANNING

REQUIREMENTS OF 42 CFR § 441.301(C)(1), (2) AND (3).

"DEPARTMENT." THE DEPARTMENT OF HUMAN SERVICES OF THE

COMMONWEALTH.

"DEVELOPMENTAL DISABILITY." A SEVERE, CHRONIC DISABILITY OF

AN INDIVIDUAL THAT CONSISTS OF THE FOLLOWING:

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(1) IS ATTRIBUTABLE TO A MENTAL OR PHYSICAL IMPAIRMENT

OR COMBINATION OF MENTAL AND PHYSICAL IMPAIRMENTS.

(2) IS MANIFESTED BEFORE THE INDIVIDUAL ATTAINS 22 YEARS

OF AGE.

(3) IS LIKELY TO CONTINUE INDEFINITELY.

(4) RESULTS IN SUBSTANTIAL FUNCTIONAL LIMITATIONS IN

THREE OR MORE OF THE FOLLOWING AREAS OF MAJOR LIFE ACTIVITY:

(I) SELF-CARE.

(II) RECEPTIVE AND EXPRESSIVE LANGUAGE.

(III) LEARNING.

(IV) MOBILITY.

(V) SELF-DIRECTION.

(VI) CAPACITY FOR INDEPENDENT LIVING.

(VII) ECONOMIC SELF-SUFFICIENCY.

(5) REFLECTS THE INDIVIDUAL'S NEED FOR A COMBINATION AND

SEQUENCE OF SPECIAL, INTERDISCIPLINARY OR GENERIC SERVICES,

INDIVIDUALIZED SUPPORTS OR OTHER FORMS OF ASSISTANCE THAT ARE

OF LIFELONG OR EXTENDED DURATION AND ARE INDIVIDUALLY PLANNED

AND COORDINATED, AS DEFINED BY SECTION 102(8) OF THE

DEVELOPMENTAL DISABILITIES ASSISTANCE AND BILL OF RIGHTS ACT

OF 2000 (PUBLIC LAW 106-402, 42 U.S.C. § 15002(8)). THE TERM

SHALL ALSO INCLUDE INDIVIDUALS DIAGNOSED WITH AUTISM SPECTRUM

DISORDER.

"INTELLECTUAL DISABILITY." SIGNIFICANTLY SUBAVERAGE GENERAL

INTELLECTUAL FUNCTIONING THAT IS ACCOMPANIED BY SIGNIFICANT

LIMITATIONS IN ADAPTIVE FUNCTIONING IN AT LEAST TWO OF THE

FOLLOWING SKILL AREAS:

(1) COMMUNICATION.

(2) SELF-CARE.

(3) HOME LIVING.

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(4) SOCIAL AND INTERPERSONAL SKILLS.

(5) USE OF COMMUNITY RESOURCES.

(6) SELF-DIRECTION.

(7) FUNCTIONAL ACADEMIC SKILLS.

(8) WORK.

(9) HEALTH.

(10) SAFETY.

THE ONSET MUST OCCUR BEFORE THE INDIVIDUAL REACHES 22 YEARS OF

AGE, AS DEFINED BY THE ACT OF OCTOBER 20, 1966 (3RD SP.SESS.,

P.L.96, NO.6), KNOWN AS THE MENTAL HEALTH AND INTELLECTUAL

DISABILITY ACT OF 1966.

SECTION 4. CHOICE.

(A) COMMUNITY-BASED SERVICES.--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

OR DOES NOT OPPOSE THE SUPPORTS AND SERVICES.

(3) THE SUPPORTS AND SERVICES ARE INCLUDED IN AN

INDIVIDUALIZED SERVICES PLAN DEVELOPED IN ACCORDANCE WITH THE

PERSON-CENTERED PLANNING REQUIREMENTS OF 42 CFR § 441.301(C)

(1), (2) AND (3) (RELATING TO CONTENTS OF REQUEST FOR A

WAIVER) BY AN AUTHORIZED STATE OR COUNTY SUPPORTS COORDINATOR

WITH THE INPUT OF THE INDIVIDUAL AND, IF CHOSEN BY THE

INDIVIDUAL, THE INDIVIDUAL'S GUARDIAN AND ADVOCATE.

(B) FAMILY.--IF THE INDIVIDUAL SO CHOOSES, FAMILY MEMBERS

AND LEGAL GUARDIANS OF AN INDIVIDUAL WITH INTELLECTUAL AND

DEVELOPMENTAL DISABILITIES SHALL BE INVOLVED IN MEETINGS

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REGARDING THE PLANNING FOR AND ARRANGEMENT OF COMMUNITY-BASED

SERVICES OR OTHER ALLOWABLE SERVICES. LEGAL GUARDIANS SHALL,

UNDER 20 PA.C.S. § 5521(A) (RELATING TO PROVISIONS CONCERNING

POWERS, DUTIES AND LIABILITIES):

(1) ASSERT THE RIGHTS AND INTERESTS OF THE INDIVIDUAL.

(2) RESPECT THE WISHES AND PREFERENCES OF THE INDIVIDUAL

TO THE GREATEST EXTENT POSSIBLE.

(3) ENCOURAGE THE INDIVIDUAL TO PARTICIPATE TO THE

MAXIMUM EXTENT OF HIS OR HER ABILITIES IN ALL DECISIONS THAT

AFFECT HIM OR HER, TO ACT ON HIS OR HER BEHALF WHEN HE OR SHE

IS ABLE TO DO SO AND TO DEVELOP OR REGAIN HIS OR HER CAPACITY

TO MANAGE HIS OR HER PERSONAL AFFAIRS TO THE MAXIMUM EXTENT

FEASIBLE.

PROHIBIT AN INDIVIDUAL WITH INTELLECTUAL AND DEVELOPMENTAL

DISABILITIES FROM MAINTAINING CONTACT WITH FAMILY AND FRIENDS.

THE INDIVIDUAL SHALL ALSO HAVE THE CHOICE NOT TO HAVE CONTACT

WITH FAMILY AND FRIENDS.

(D) COMPLAINTS.--AN INDIVIDUAL WITH INTELLECTUAL AND

DEVELOPMENTAL DISABILITIES, OR A FAMILY MEMBER OR A LEGAL

GUARDIAN OF SUCH INDIVIDUAL WHO BELIEVES THAT THE NEEDS AS

IDENTIFIED OR 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.

ALL FEDERAL AND STATE DUE PROCESS RIGHTS, INCLUDING, BUT NOT

LIMITED TO, WRITTEN NOTICE AND A FAIR HEARING, ALSO CONTINUE TO

APPLY FOR EACH INDIVIDUAL.

SECTION 5. WAITING LIST FOR INTELLECTUAL DISABILITY SERVICES.

(A) WAITING LIST PLAN.--WITHIN ONE YEAR OF THE EFFECTIVE

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DATE OF THIS SECTION, THE DEPARTMENT SHALL, AS PART OF A

STAKEHOLDER PROCESS WITH PARTICIPATION BY INDIVIDUALS WITH

DISABILITIES AND THEIR FAMILY MEMBERS, 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 HOME-

BASED AND COMMUNITY-BASED SUPPORTS AND SERVICES. WITHIN ONE YEAR

OF THE EFFECTIVE DATE OF THIS SECTION, THE DEPARTMENT SHALL

DEVELOP A TWO-YEAR PLAN TO ELIMINATE THE CURRENT AS WELL AS ANY

FUTURE ADDITIONS TO THE HOME-BASED AND COMMUNITY-BASED SERVICES

WAITING LIST FOR INDIVIDUALS WITH AUTISM AND TO PREVENT FUTURE

HOME-BASED AND COMMUNITY-BASED SERVICES WAITING LISTS FOR ALL

OTHER PERSONS WITH DISABILITIES, INCLUDING THOSE WITH PHYSICAL

AND DEVELOPMENTAL DISABILITIES, INCLUDING BRAIN INJURY. THE

DEPARTMENT SHALL SUBMIT THE PLANS TO THE GOVERNOR, THE GENERAL

ASSEMBLY AND THE COUNTY INTELLECTUAL DISABILITY PROGRAM

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 LISTS ON A COUNTY BASIS. THE

DEPARTMENT SHALL DEVELOP A STATEWIDE STANDARDIZED FORM TO

COLLECT THE INFORMATION FROM THE COUNTIES AND THE

DEPARTMENT'S BUREAU OF AUTISM SERVICES.

(2) BUDGET PROJECTIONS TAKING INTO CONSIDERATION THE

DEPARTMENT'S CURRENT BUDGET YEAR, PROJECTED ANNUAL COSTS

ASSOCIATED WITH THE ELIMINATION OF THE WAITING LISTS,

FINANCIAL INFORMATION ON THE AMOUNT OF ADDITIONAL FEDERAL,

STATE OR OTHER FUNDS IN EACH COUNTY AND WITH THE DEPARTMENT'S

BUREAU OF AUTISM SERVICES WHICH MAY BE REQUIRED ANNUALLY FOR

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THE OPERATIONAL COSTS ASSOCIATED WITH THE ELIMINATION OF THE

WAITING LIST IN EACH COUNTY AND OF THE WAITING LIST WITH THE

DEPARTMENT'S BUREAU OF AUTISM SERVICES AND THE PROJECTED

ANNUAL WAITING LISTS IN EACH ANNUAL PLAN UPDATE.

PLAN REQUIRED BY SUBSECTION (A), THE DEPARTMENT SHALL CONDUCT

PUBLIC HEARINGS AND OBTAIN PUBLIC COMMENT FROM INDIVIDUALS WITH

DISABILITIES, INCLUDING THOSE WITH INTELLECTUAL AND

DEVELOPMENTAL DISABILITIES, THEIR FAMILIES AND GUARDIANS AND

PROVIDERS OF SERVICES TO THE DISABILITY COMMUNITY, INCLUDING THE

INTELLECTUAL AND DEVELOPMENTAL 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

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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