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        PRIOR PRINTER'S NOS. 1935, 2796               PRINTER'S NO. 4243

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1530 Session of 2003


        INTRODUCED BY PETRONE, LEDERER, DeWEESE, HENNESSEY, BELARDI,
           BELFANTI, LESCOVITZ, DALEY, BISHOP, GORDNER, LAUGHLIN, KOTIK,
           CORRIGAN, GOODMAN, BEBKO-JONES, YUDICHAK, LEVDANSKY, CASORIO,
           HARPER, TANGRETTI, BROWNE, HARHAI, PALLONE, LEACH, SAINATO,
           McILHATTAN, WALKO, WATSON, GODSHALL, SOLOBAY, EACHUS,
           CAPPELLI, READSHAW, GERGELY, BUNT, MARKOSEK, WATERS, RUBLEY,
           MANN, HUTCHINSON, PISTELLA, HORSEY, KIRKLAND, PETRARCA,
           FREEMAN, STETLER, FRANKEL, DIVEN, WHEATLEY, MELIO, JOSEPHS,
           MANDERINO, O'NEILL, JAMES, THOMAS, GRUCELA, CAUSER, SURRA,
           CALTAGIRONE, WILT, TURZAI, MUSTIO AND DALLY, JUNE 4, 2003

        AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
           JUNE 30, 2004

                                     AN ACT

     1  Providing for Commonwealth support for a Mental Health and
     2     Mental Retardation Staff Member Loan Forgiveness Program for
     3     Commonwealth residents who graduate from institutions of
     4     higher education and who apply their degrees to careers as
     5     mental health and mental retardation staff members in this
     6     Commonwealth.

     7     The General Assembly of the Commonwealth of Pennsylvania
     8  hereby enacts as follows:
     9  Section 1.  Short title.
    10     This act shall be known and may be cited as the Mental Health
    11  and Mental Retardation Staff Member Loan Forgiveness Program
    12  Act.
    13  Section 2.  Findings and declaration of purpose.
    14     The General Assembly finds and declares that:
    15         (1)  Community-based mental health and mental retardation


     1     services and supports offer lifelong supports and
     2     opportunities for a meaningful quality of life, in
     3     fulfillment of Federal and State laws.
     4         (2)  A qualified and stable work force is the key to
     5     quality community mental health and mental retardation
     6     services.
     7         (3)  The pool of qualified staff members has diminished.
     8         (4)  The number of college students planning to enter the
     9     mental health and mental retardation profession appears to be
    10     inadequate to meet the need for staff members in this
    11     Commonwealth.
    12         (5)  Demand from industry and other opportunities attract
    13     potential staff members away from the profession.
    14         (6)  Payment of a portion of student loans for mental
    15     health and mental retardation staff members serves the
    16     important public purpose of encouraging new staff members to
    17     continue their careers in this Commonwealth.
    18  Section 3.  Definitions.
    19     The following words and phrases when used in this act shall
    20  have the meanings given to them in this section unless the
    21  context clearly indicates otherwise:
    22     "Agency."  The Pennsylvania Higher Education Assistance
    23  Agency.
    24     "Qualified applicant."  A person who meets all of the
    25  following criteria:
    26         (1)  Is a resident of this Commonwealth.
    27         (2)  Has successfully completed a two-year or four-year
    28     academic degree or diploma at an accredited college or
    29     university.
    30         (3)  Has been hired as a full-time staff member by a
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     1     county mental health or mental retardation service agency
     2     WITHIN THIS COMMONWEALTH through a merit or civil service      <--
     3     system approved by the Secretary of Public Welfare or by a
     4     private provider that is under contract with EITHER a county   <--
     5     to provide mental health or mental retardation services OR     <--
     6     THE DEPARTMENT OF PUBLIC WELFARE TO PROVIDE BEHAVIORAL HEALTH
     7     REHABILITATION SERVICES TO INDIVIDUALS WITH DEVELOPMENTAL
     8     DISABILITIES.
     9         (4)  Has successfully completed both county and civil
    10     service probationary periods or, in the case of a contracted
    11     private provider, has successfully completed the provider's
    12     established probationary period.
    13         (5)  Performs staff duties at a county mental health or
    14     mental retardation service agency WITHIN THIS COMMONWEALTH or  <--
    15     at a private provider WITHIN THIS COMMONWEALTH that is under   <--
    16     contract with EITHER a county to provide mental health or      <--
    17     mental retardation services OR THE DEPARTMENT OF PUBLIC        <--
    18     WELFARE TO PROVIDE BEHAVIORAL HEALTH REHABILITATION SERVICES
    19     TO INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES.
    20         (6)  Has borrowed through and has a current outstanding
    21     balance with the agency-administered Guaranteed Stafford or
    22     Consolidation Loan Programs.
    23         (7)  Is in or has HAS completed the first year of full-    <--
    24     time employment as a staff member.
    25     "Staff member."  A caseworker, direct support professional,
    26  therapist, program coordinator or director.
    27  Section 4.  Mental Health and Mental Retardation Staff Member
    28                 Loan Forgiveness Program.
    29     (a)  Components.--
    30         (1)  A qualified applicant who is selected for the Mental
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     1     Health and Mental Retardation Staff Member Loan Forgiveness
     2     Program in accordance with this act shall be eligible for
     3     payment by the agency of a portion of the debt incurred by
     4     the applicant through an agency-administered Guaranteed
     5     Stafford or Consolidation Loan Programs for the education
     6     necessary to be a mental health or mental retardation staff
     7     member in this Commonwealth.
     8         (2)  The agency may forgive a proportional part of the
     9     applicant's loan so that the loan may be entirely forgiven
    10     over four years of full-time staff work. No more than $5,000
    11     shall be forgiven in any year, and no more than $20,000 shall
    12     be forgiven for any applicant.
    13         (3)  Payments shall be made in accordance with the
    14     procedures established by the agency.
    15     (b)  Limitation.--LIMITATIONS.--A loan forgiveness award       <--
    16  shall not be made for a loan that is in default at the time of
    17  the application. LOAN FORGIVENESS PROVIDED UNDER THE PROVISIONS   <--
    18  OF THIS ACT SHALL NOT BE AWARDED TO A RECIPIENT OF ANOTHER
    19  COMMONWEALTH-PROVIDED LOAN FORGIVENESS PROGRAM CONCURRENTLY.
    20  Section 5.  Loan forgiveness awards.
    21     Recipients of the loan forgiveness awards shall be those
    22  mental health and mental retardation staff members who are
    23  working in and who have received a satisfactory rating from
    24  either a county office of mental health or mental retardation
    25  service or a private provider under contract to a county. Mental  <--
    26  SERVICE WITHIN THIS COMMONWEALTH OR A PRIVATE PROVIDER WITHIN     <--
    27  THIS COMMONWEALTH UNDER CONTRACT TO EITHER A COUNTY OR THE
    28  DEPARTMENT OF PUBLIC WELFARE. MENTAL health or mental
    29  retardation staff members shall be required to submit such
    30  documentation of continued eligibility as the agency may
    20030H1530B4243                  - 4 -     

     1  require. This documentation shall be presented to the agency in
     2  the form of a letter from the applicant's employer stating that
     3  the applicant is employed by the mental health or mental
     4  retardation service provider and that the applicant performs the
     5  applicant's duties in a satisfactory manner.
     6  Section 6.  Funding.
     7     Loan forgiveness awards may be made to the extent that funds
     8  are appropriated by the General Assembly and are sufficient to
     9  cover the administration of the program. In the event that
    10  funding is insufficient to fully fund administration and all
    11  eligible applicants, the agency shall utilize a random lottery
    12  system for determining which applicants receive loan forgiveness
    13  awards.
    14  Section 7.  Responsibility of agency.
    15     The agency shall administer the Mental Health and Mental
    16  Retardation Staff Member Loan Forgiveness Program established by
    17  this act and to adopt such regulations, policies, procedures and
    18  forms as are necessary and not inconsistent with the provisions
    19  of this act.
    20  Section 8.  Effective date.
    21     This act shall take effect in 60 days.






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