S0906B1435A04474 SFR:NLG 01/13/20 #90 A04474
AMENDMENTS TO SENATE BILL NO. 906
Sponsor: REPRESENTATIVE D. MILLER
Printer's No. 1435
Amend Bill, page 1, line 7, by striking out "moratorium" and
inserting
procedure
Amend Bill, page 2, lines 10 through 30; pages 3 and 4, lines
1 through 30; page 5, lines 1 through 21; by striking out all of
said lines on said pages and inserting
Section 202.1. State Center Closure Procedure.--(a) Upon
the department's decision to close a State center, or the
department's desire to explore the closure of a State center,
the following steps, at a minimum, shall occur in relation to
resident planning:
(1) The creation of a transition analysis for each resident,
or the review thereof, to include consultations with the
resident, the resident's medical decision maker, the resident's
family where applicable and related staff, to review the
resident's level of care and need and to discuss how and where
that level of care and need can be met in a community-based
system.
(2) The creation of a medical review board, which, upon
request of the resident, the resident's medical decision maker
or the director of the State center, shall convene to ensure
that the possible transition of the resident to a community-
based system would not have a negative impact on the resident's
health or to determine the steps that would be necessary and
reasonably accessible to ensure a positive outcome for the
resident. The following shall apply:
(i) The medical review board shall consist of the following:
(A) The Physician General or Secretary of Health, or a
designee of the Physician General or Secretary of Health.
(B) The supervising physician of the State center.
(C) A physician with expertise in the field, appointed by
the Pennsylvania Medical Society.
(ii) The resident may not be transferred under this section
without the approval of the majority of the members of the
medical review board.
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(b) Upon the department's decision to close a State center,
or the department's desire to explore the closure of a State
center, the following steps, at a minimum, shall occur in
relation to employee and community assistance:
(1) Within ten days of the department's decision or
expressed desire, notice shall be provided to all employees of
the State center and their State and local union leaders, which
must include a proposed initial meeting date with the union to
occur on a business day within thirty days of the notice.
(2) Within ten days of the department's decision or
expressed desire, notice shall be provided to all the members of
the General Assembly who represent the location of the State
center.
(3) In accordance with the applicable collective bargaining
agreements, employment resources shall be made available to all
union and nonunion employees of the State center, including
continued employment opportunities with the department that
provide equivalent or similar duties, either in a facility or in
a community-based model, as well as the coordination of private-
based employment opportunities in an equivalent or similar
field.
(c) A State center shall remain open to provide services and
opportunities as required by law for any resident who is deemed
medically unable to transfer to a community-based system,
another State center or a similar residential facility.
(d) The department shall publish annually an assessment of
State centers and related community-based programs, to include,
at a minimum, staff wages and benefits, staff turnover rates,
unionization rate of non-exempt personnel, incidents and
allegations of abuse, community integration of residents,
vocational experiences of residents and the geographic
availability of community-based support providers.
(e) Unless required by law, or at the direction of the
resident or the resident's medical decision maker, a transfer of
the resident may only be made to a community-based program that
certifies to the department an employee turnover rate for the
program in the previous year of less than thirty percent.
(f) No later than six months after the effective date of
this subsection, the department shall provide a report to the
General Assembly that includes:
(1) An analysis of the fee structure related to payment to
community-based support program.
(2) Information on the wages, healthcare benefits and
retirement benefits of the employees providing daily care under
the community-based support program.
(3) A comparison of related data for this Commonwealth to
other states.
(4) A proposed three-year plan that considers compensation
increases and other professional enhancements that could
stabilize the workforce and improve care.
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