PRIOR PRINTER'S NOS. 2988, 3198 PRINTER'S NO. 3338
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, FORCIER, 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, YEWCIC, ROSS, STERN,
CORRIGAN, COLAFELLA, CAPPABIANCA AND JAMES, FEBRUARY 17, 1998
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
MARCH 31, 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 or transfer operational
5 control of a mental facility or to allow a material reduction of
6 bed complement, services or staff at a mental facility.
7 "Department." The Department of Public Welfare of the
8 Commonwealth.
9 "Material reduction." A reduction of 10% or more.
10 "Mental facility." A mental retardation center or mental
11 hospital funded and operated by the Commonwealth.
12 Section 3. Public hearing.
13 (a) Requirement.--Within 30 days after the department makes
14 a decision, the department must hold a public hearing in the
15 county where the mental facility is located.
16 (b) Subjects.--The hearing under subsection (a) must deal
17 with the following subjects:
18 (1) Estimated timelines.
19 (2) Types and array of available services for
20 individuals with disabilities and their families.
21 (3) Rights of individuals with disabilities and their
22 families.
23 (4) Process used to develop a community living plan.
24 (5) Individual and community monitoring and safeguards
25 to protect health and safety.
26 (6) Responsibilities of State and local government.
27 (7) Process used to transfer ownership or reuse
28 property.
29 (8) Other issues which may affect individuals with
30 disabilities and their families, employees and the community.
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1 Section 4. Noncompliance.
2 If the department does not comply with section 3, the
3 department may SHALL not implement a decision. <--
4 Section 5. Applicability.
5 This act shall apply to decisions made after December 31,
6 1997. For the purposes of this section, the Department of Public
7 Welfare shall have 30 days from the effective date of this act
8 to comply with section 3.
9 Section 6. Effective date.
10 This act shall take effect immediately.
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