PRINTER'S NO. 1513
No. 1211 Session of 1997
INTRODUCED BY RHOADES, AFFLERBACH, BODACK, O'PAKE, WILLIAMS,
STOUT, KUKOVICH, WOZNIAK, STAPLETON, TARTAGLIONE, KASUNIC,
BELL, WAGNER, HART, COSTA, MURPHY, SCHWARTZ, BELAN, MADIGAN
AND MELLOW, NOVEMBER 25, 1997
REFERRED TO PUBLIC HEALTH AND WELFARE, NOVEMBER 25, 1997
AN ACT
1 Relating to the delivery of services and programs to persons
2 with disabilities; conferring powers and duties on the
3 Department of Public Welfare and the Statewide Independent
4 Living Council; establishing an office of disability
5 services; providing for powers and duties of regional
6 agencies; and providing for funding of disability services
7 programs.
8 TABLE OF CONTENTS
9 Chapter 1. Preliminary Provisions
10 Section 101. Short title.
11 Section 102. Legislative policy and declaration.
12 Section 103. Definitions.
13 Chapter 3. Office of Disability Services
14 Section 301. Creation of office.
15 Section 302. Powers and duties of office.
16 Section 303. Power to contract.
17 Section 304. Powers and duties of council.
18 Section 305. Powers and duties of regional agencies.
19 Chapter 5. Miscellaneous Provisions
1 Section 501. Funding.
2 Section 502. Severability.
3 Section 503. Effective date.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 101. Short title.
7 This act shall be known and may be cited as the Comprehensive
8 Services for Persons with Disabilities Act.
9 Section 102. Legislative policy and declaration.
10 The General Assembly finds and declares as follows:
11 (1) Persons with disabilities and their families should
12 have access to the full range of services including equal
13 access to all services provided for persons without
14 disabilities, as well as specialized services that meet the
15 unique needs of persons with disabilities.
16 (2) Persons with disabilities and their families have
17 traditionally been underserved. They have often been denied
18 access to services available to the community at large and
19 have been denied specialized services necessary to their
20 health, well-being, independence and advancement.
21 (3) Persons who could live and work in the community
22 have been forced to live in institutions at State expense due
23 to inadequate funding for community support services. The
24 result is a loss both to these individuals and to this
25 Commonwealth as a whole.
26 (4) While laws of this Commonwealth have provided
27 services for persons with mental illness and mental
28 retardation and for older Pennsylvanians, they have until now
29 provided for few and limited services to persons with other
30 disabilities.
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1 (5) While services currently being provided to older
2 Pennsylvanians, to those with mental retardation or mental
3 illness, or to those being served by other systems should not
4 be duplicated, the State must ensure that all persons with
5 disabilities whose disability-related needs are not being met
6 by existing systems receive needed services.
7 (6) A State level office is needed to enable persons
8 with disabilities and their families to have access to
9 services, to coordinate those services that are available, to
10 improve inadequate programs and to develop new ones.
11 (7) Services should be provided in a manner that
12 promotes independent living, enables people to obtain and
13 maintain employment and supports people in their homes and
14 communities.
15 (8) Persons with disabilities and their families should
16 have the opportunity to choose and direct the services
17 provided to them, and the community of persons with
18 disabilities should direct the development and operation of
19 the service delivery system.
20 (9) An increased availability of community support
21 services will enable people with disabilities to be more
22 independent and productive, to remain in their homes and
23 communities and to more fully exercise their rights and
24 responsibilities as citizens.
25 Section 103. Definitions.
26 The following words and phrases when used in this act shall
27 have the meanings given to them in this section unless the
28 context clearly indicates otherwise:
29 "Consumer control." A condition under which power and
30 authority over services are vested in individuals with
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1 disabilities and if applied to an organization or program means
2 that 51% or more of the governing body, management and staff are
3 individuals with disabilities.
4 "Council." The Statewide Independent Living Council
5 established under the Rehabilitation Act of 1973 (Public Law 93-
6 112, 29 U.S.C. § 701 et seq.).
7 "Department." The Department of Public Welfare of the
8 Commonwealth.
9 "Disability services." Services provided to persons with
10 disabilities to enhance their ability to live or work
11 independently and to pursue their rights and responsibilities as
12 citizens.
13 "Functional limitations." Those which affect one or more of
14 the following activities of daily living:
15 (1) mobility;
16 (2) communication;
17 (3) self-care;
18 (4) work;
19 (5) recreation; or
20 (6) independent living.
21 "Long-term." Likely to be of lifelong or extended duration.
22 "Office." The Office of Disability Services created in
23 section 301.
24 "Persons with a disability." Children or adults who have a
25 severe chronic condition resulting in substantial functional
26 limitation which is attributable to a mental, physical or
27 sensory impairment or a combination of mental, physical and
28 sensory impairments and is likely to continue indefinitely.
29 "Regional agencies." Private nonprofit, consumer-controlled
30 corporations governed by a board of directors who have a
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1 demonstrated commitment to the declarations set forth in section
2 102 and which meet the eligibility criteria established by the
3 Department of Public Welfare and the Statewide Independent
4 Living Council with input from the existing provider network.
5 When warranted, there shall be a preference for existing
6 agencies.
7 "Secretary." The Secretary of Public Welfare of the
8 Commonwealth.
9 CHAPTER 3
10 OFFICE OF DISABILITY SERVICES
11 Section 301. Creation of office.
12 The Office of Disability Services is hereby created within
13 the department. The office shall be administered by a deputy
14 secretary empowered to carry out the powers conferred and duties
15 imposed by this act.
16 Section 302. Powers and duties of office.
17 The office shall have the power and its duty shall be to:
18 (1) Assure that all citizens of this Commonwealth who
19 have disabilities and their families have access to adequate
20 and coordinated quality consumer-controlled disability
21 services.
22 (2) Establish interagency agreements and working
23 relationships with other governmental bodies and public and
24 private agencies in order to accomplish objectives,
25 including, but not limited to:
26 (i) assuring access of persons with disabilities to
27 the full range of services;
28 (ii) assuring access of persons with disabilities to
29 all services provided for persons without disabilities,
30 both within and outside the department;
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1 (iii) advocating for consumer control in disability-
2 related services; and
3 (iv) coordinating the delivery of nonduplicative
4 disability services to persons with disabilities who are
5 also eligible for services from the Office of Mental
6 Health, the Office of Mental Retardation, the Office of
7 Deaf and Hearing Impaired, the Department of Aging, the
8 Bureau of Blindness and Visual Services, the Office of
9 Vocational Rehabilitation or any other governmental
10 agency. The office shall cooperate with and not duplicate
11 the services of these government agencies.
12 (3) Receive Federal, State and other available funding
13 and administer programs of disability services, including the
14 attendant care program, the community services program for
15 people with physical disabilities, which programs shall be
16 transferred from their current offices, and other new
17 programs as may be appropriate to serve the purposes of this
18 act. Other existing programs shall not be transferred to the
19 office without further administrative or legislative action.
20 (4) Designate no fewer than 15 but no more than 30
21 regional agencies to serve as the points of application or
22 referral for disability services. With respect to this power
23 to designate regional agencies, the office shall:
24 (i) contract with the regional agencies to carry
25 out, either directly or by subcontract, programs
26 administered by the office;
27 (ii) monitor regional agencies' compliance with
28 their contracts, which shall include standards for
29 quality assurance, with the office; and
30 (iii) provide training and technical assistance to
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1 the regional agencies with which the office has
2 contracted.
3 (5) Develop and annually update, in conjunction with the
4 council, a five-year plan for the provision of services under
5 this act to maximize the use of available funding and to
6 develop needed services.
7 (6) In conjunction with the council, identify gaps in
8 disability services and funding shortages and report this
9 information annually to the secretary and to the General
10 Assembly.
11 (7) Act as a system advocate to expand the availability
12 of disability services and access to generic services.
13 (8) Plan for Statewide improvements in services for
14 persons with disabilities and their families.
15 (9) Develop, within one year of the effective date of
16 this act, and enforce all program requirements and
17 regulations necessary and appropriate for the proper
18 accomplishment of the duties imposed by this act. Development
19 of program requirements and regulations shall be accomplished
20 with the advice of the council.
21 Section 303. Power to contract.
22 The department, through the office, may contract with
23 Statewide disability-related organizations to carry out the
24 provisions of this act, provided the contracts place control
25 over contract activities under the direction of individuals with
26 disabilities.
27 Section 304. Powers and duties of council.
28 (a) Enumeration.--The council shall have the power and duty
29 to:
30 (1) Advise the department in the development of all
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1 plans, policies and regulations issued by the office.
2 (2) Jointly develop and submit, in conjunction with the
3 department, the five-year plan required by this act.
4 (3) Meet at least quarterly, as required by the act of
5 December 12, 1994 (P.L.1023, No.139), known as the
6 Independent Living Services Act.
7 (b) Expenses of members.--The members shall receive no
8 payment for their services. Members who are not employees of
9 State government shall be reimbursed for expenses incurred in
10 the course of their official duties from funds appropriated for
11 the general government operations of the department.
12 Section 305. Powers and duties of regional agencies.
13 Regional agencies under contract with the office shall have
14 the power and duty to:
15 (1) Serve as points of application or referral for
16 disability services and ensure that all persons with
17 disabilities have access to and an opportunity to participate
18 in the services and functions of their regional agency.
19 (2) Provide, either directly or by subcontract with
20 service providers, disability services necessary for the
21 programs administered by the office. Contracts shall be with
22 existing service providers whenever appropriate.
23 (3) Provide referral services to individuals with
24 disabilities whose particular needs can be met in the
25 community or through other government agencies.
26 (4) Identify gaps and funding shortages in local
27 disability services and funding shortages to such services
28 and report this information to the office on a quarterly
29 basis.
30 (5) Act as an advocate for persons with disabilities.
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1 (6) Provide technical assistance to service providers.
2 CHAPTER 5
3 MISCELLANEOUS PROVISIONS
4 Section 501. Funding.
5 Programs of disability services under this act shall use
6 Federal funds where possible. The department shall apply for and
7 use, subject to specific appropriation by the General Assembly,
8 all Federal and State funds which become available to carry out
9 disability services under this act. The department shall utilize
10 any private funds for disability services which become available
11 to carry out disability services under this act.
12 Section 502. Severability.
13 The provisions of this act are severable. If any provision of
14 this act or its application to any person or circumstance is
15 held invalid, the invalidity shall not affect other provisions
16 or applications of this act which can be given effect without
17 the invalid provision or application.
18 Section 503. Effective date.
19 This act shall take effect in 60 days.
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