PRINTER'S NO. 2988
No. 2261 Session of 1998
INTRODUCED BY FAIRCHILD, LESCOVITZ, MARKOSEK, BELFANTI, O'BRIEN, OLIVER, GORDNER, HUTCHINSON, ORIE, COY, FARGO, WAUGH, SHANER, LYNCH, VAN HORNE, EACHUS, TIGUE, MAITLAND, NAILOR, PLATTS, SAYLOR, L. I. COHEN, CLARK, JOSEPHS, GRUITZA, TRICH, WILT, BELARDI, SCRIMENTI, PHILLIPS, READSHAW, DeWEESE, HESS, SERAFINI, DeLUCA, SATHER, D. W. SNYDER, VANCE, YOUNGBLOOD, COWELL, ALLEN, J. TAYLOR, MASLAND, ARGALL, ARMSTRONG, BAKER, BATTISTO, BEBKO-JONES, RUBLEY, BENNINGHOFF, BIRMELIN, BISHOP, BLAUM, BOYES, BROWN, BROWNE, BUXTON, CASORIO, CAWLEY, COLAIZZO, CORPORA, DALEY, DEMPSEY, DENT, DERMODY, DiGIROLAMO, FICHTER, FLEAGLE, GANNON, GEORGE, GIGLIOTTI, GLADECK, GODSHALL, HANNA, HALUSKA, HASAY, HERMAN, HORSEY, JADLOWIEC, JAROLIN, KAISER, KELLER, KENNEY, LAUGHLIN, LAWLESS, LEDERER, LLOYD, LUCYK, MAHER, MANDERINO, MARSICO, McCALL, McILHATTAN, McNAUGHTON, MELIO, MICHLOVIC, MILLER, MUNDY, PETRARCA, PIPPY, PRESTON, RAMOS, ROBERTS, ROEBUCK, SAINATO, SEMMEL, SEYFERT, B. SMITH, S. H. SMITH, STABACK, STAIRS, STEELMAN, STETLER, STRITTMATTER, SURRA, TANGRETTI, E. Z. TAYLOR, TRAVAGLIO, TULLI, WALKO, C. WILLIAMS, WOJNAROSKI AND YEWCIC, FEBRUARY 17, 1998
REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES, FEBRUARY 17, 1998
AN ACT 1 Requiring public hearings before closing State mental 2 facilities. 3 The General Assembly of the Commonwealth of Pennsylvania 4 hereby enacts as follows: 5 Section 1. Short title. 6 This act shall be known and may be cited as the Mental 7 Facility Closure Act. 8 Section 2. Definitions.
1 The following words and phrases when used in this act shall 2 have the meanings given to them in this section unless the 3 context clearly indicates otherwise: 4 "Decision." A decision to close, sell, lease or otherwise 5 transfer ownership or operational control of a mental facility 6 or to allow a material reduction of bed complement, services or 7 staff at a mental facility. 8 "Department." The Department of Public Welfare of the 9 Commonwealth. 10 "Material reduction." A reduction of 10% or more. 11 "Mental facility." A mental retardation center or mental 12 hospital funded by the Commonwealth. 13 Section 3. Public hearing. 14 (a) Requirement.--Within 30 days after the department makes 15 a decision, the department must hold a public hearing in the 16 county where the mental facility is located. 17 (b) Subjects.--The hearing under subsection (a) must deal 18 with the following subjects: 19 (1) Estimated timelines. 20 (2) Types and array of available services for 21 individuals with disabilities and their families. 22 (3) Rights of individuals with disabilities and their 23 families. 24 (4) Process used to develop a community living plan. 25 (5) Individual and community monitoring and safeguards 26 to protect health and safety. 27 (6) Responsibilities of State and local government. 28 (7) Process used to transfer ownership or reuse 29 property. 30 (8) Other issues which may affect individuals with 19980H2261B2988 - 2 -
1 disabilities and their families, employees and the community. 2 Section 4. Noncompliance. 3 If the department does not comply with section 3, the 4 department may not implement a decision. 5 Section 5. Applicability. 6 This act shall apply to decisions made after December 31, 7 1997. 8 Section 6. Effective date. 9 This act shall take effect immediately. B11L71VDL/19980H2261B2988 - 3 -