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Pennsylvania House of Representatives
04/27/2024 08:54 PM
Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20130&cosponId=14847
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House of Representatives
Session of 2013 - 2014 Regular Session

MEMORANDUM

Posted: June 9, 2014 03:06 PM
From: Representative Thomas P. Murt
To: All House members
Subject: Resolution: the US Supreme Court Olmstead Decision and Pennsylvania’s State Centers for People with Intellectual Disabilities
 
In the near future, I plan to introduce a resolution directing the Legislative Budget and Finance Committee to conduct a review and issue a report on the Department of Public Welfare, Office of Developmental Program’s implementation of the 1999 Olmstead Decision of the US Supreme Court.

In a landmark interpretation of the American with Disabilities Act (ADA), in 1999, the United States Supreme Court issued what is now called the Olmstead decision. The Supreme Court decided that people with disabilities have a right to receive care in the most integrated setting appropriate and that unnecessary institutionalization violates the ADA. All states were directed to comply with the Olmstead decision and are required to have an Olmstead Plan with measurable objectives demonstrating how the Olmstead decision will be implemented in their state.

In 2014, the Department of Public Welfare has not yet produced an Olmstead Plan for the Office of Developmental Programs demonstrating how the Commonwealth will move individuals with intellectual disabilities out of state centers and into community settings. In fiscal year 2013/2014, 1,060 individuals were still residing in state centers for people with intellectual disabilities. From January 2013 through February 2014, 18 people moved from the state centers into the community; however, during the same time period, 8 people were admitted to one of the state centers.

This resolution will direct the Legislative Budget and Finance Committee to conduct a comprehensive review and report on the Department of Public Welfare’s compliance with the Olmstead decision as it relates to people with intellectual disabilities. The report shall include information on issues related to the economic impact of the closure of the five state centers such as future jobs for employees of state centers, and development and use of the five properties post closure.

Please join me in co-sponsoring this legislation.

Introduced as HR903