PRINTER'S NO. 3096

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2187

Session of

2020

INTRODUCED BY GALLOWAY, T. DAVIS, ULLMAN, SCHLOSSBERG, KENYATTA,

CALTAGIRONE, HILL-EVANS, HOHENSTEIN, MURT, KINSEY,

YOUNGBLOOD, CIRESI, FRANKEL, DeLUCA, HOWARD AND JOHNSON-

providing for Statewide children's mental health ombudsman.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The act of June 13, 1967 (P.L.31, No.21), known

as the Human Services Code, is amended by adding a section to

read:

Section 710. Statewide Children's Mental Health Ombudsman.--

(a) The secretary, subject to appropriation or the receipt of

Federal funds, shall establish a Statewide children's mental

health ombudsman for the following purposes:

children's behavioral health services.

(4) Receiving, investigating and resolving through

administrative action, as described under subsection (d),

complaints filed by a child or by individuals legally authorized

to act on behalf of the child, or by an individual, organization

or government agency that has reason to believe that an entity

regulated by the Commonwealth has engaged in activities,

practices or omissions that constitute violations of applicable

court orders, statutes or regulations or that may have an

adverse effect upon the health, safety, welfare or rights of

(c) The ombudsman shall serve for a term of five years and

shall continue to hold office until a successor is appointed.

the secretary may reappoint the ombudsman for one additional

term. The secretary may remove the ombudsman only for neglect of

duty, misconduct or inability to perform duties.

(d) The secretary, in consultation with the ombudsman, the

Deputy Secretary for Medical Assistance Programs and the

Director of the Bureau of Children's Behavioral Health Services,

shall establish policies and procedures to facilitate the

purposes of the ombudsman. The policies and procedures shall

(e) In ensuring that the goals of the ombudsman are met, the

following shall apply:

(1) The ombudsman shall monitor the development and

implementation of Federal, State and local statutes, regulations

and policies regarding services and supports for children with

mental health disorders, including the education of children

with mental health disorders.

(2) The ombudsman shall maintain complete records of

complaints received, the actions taken, findings, outcomes and

recommendations in response to any complaints and other actions,

quarter, and shall meet regularly with the secretary, the Deputy

Secretary for Medical Assistance Programs and the Director of

the Bureau of Children's Behavioral Health Services and shall

report on any Statewide problems that the ombudsman has

identified and potential solutions.

(4) The ombudsman shall report annually, within one hundred

twenty days of the end of the fiscal year, to the Governor, the

President pro tempore of the Senate, the Speaker of the House of

Representatives, the Majority Chairman and the Minority Chairman

of the Aging and Youth Committee of the Senate, the Majority

Education Committee of the House of Representatives, the

Majority Chairman and the Minority Chairman of the Health and

Human Services Committee of the Senate, the Majority Chairman

and the Minority Chairman of the Health Committee of the House

of Representatives and the Majority Chairman and the Minority

Chairman of the Human Services Committee of the House of

Representatives, on the activities of the children's mental

health ombudsman, including complaints that are relevant to the

ombudsman and an analysis of patterns in complaints made through

the ombudsman and shall make recommendations for legislation,