1Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An
2act to consolidate, editorially revise, and codify the public
3welfare laws of the Commonwealth," in general powers and
4duties of the department of public welfare, further providing
5for county human services consolidated planning and
6reporting; in human services block grant pilot program,
7further providing for definitions, for establishment of human
8services block grant pilot program, for powers and duties of
9the department, for powers and duties of counties, for
10allocation and for use of block grant funds.

11The General Assembly of the Commonwealth of Pennsylvania
12hereby enacts as follows:

13Section 1. Section 205.1 of the act of June 13, 1967
14(P.L.31, No.21), added June 30, 2012 (P.L.668, No.80), known as
15the Public Welfare Code, is amended to read:

16Section 205.1. County Human Services Consolidated Planning
17and Reporting.--(a) The department shall develop a uniform,
18consolidated process for counties to submit plans and reports
19regarding all of the following:

20(1) Funds allocated to counties under the act of October 5,
211994 (P.L.531, No.78), known as the Human Services Development

1Fund Act.

2(2) Funds allocated to counties for mental health and
3intellectual disability services under the act of October 20,
41966 (3rd Sp.Sess., P.L.96, No.6), known as the Mental Health
5and Intellectual Disability Act of 1966.

6(3) Funds allocated to counties for behavioral health
7services.

8(4) Funds allocated to counties for drug and alcohol
9addiction treatment services under section 2334 of the act of
10April 9, 1929 (P.L.177, No.175), known as The Administrative
11Code of 1929.

12(5) Funds allocated to counties for the provision of
13services to the homeless.

14(6) Funds allocated to county child welfare agencies as
15additional grants under section 704.1(b).

16(b) Counties shall submit plans and reports in a form,
17containing such information, and by such deadline as the
18department may prescribe. The plans and reports shall include at
19least all of the following:

20(1) Delivery of county-based human services by client
21population served, including a detailed description of how each
22county intends to use the funds identified in subsection (a) to
23provide services to its residents in the least restrictive
24setting appropriate to their needs.

25(2) The distribution and projected expenditure level of the
26funds identified in subsection (a), including block grant funds
27for those counties participating in the Human Services Block
28Grant [Pilot] Program pursuant to Article XIV-B.

29(3) Public hearings by counties under 65 Pa.C.S. Ch. 7
30(relating to open meetings), including the opportunity for

1individuals and their families receiving human services to
2testify about the county plan.

3Section 2. The heading of Article XIV-B of the act, added
4June 30, 2012 (P.L.668, No.80), is amended to read:

5ARTICLE XIV-B

6HUMAN SERVICES BLOCK GRANT [PILOT] PROGRAM

7Section 3. Sections 1401-B, 1402-B, 1403-B, 1404-B, 1405-B
8and 1406-B of the act, added June 30, 2012 (P.L.668, No.80), are
9amended to read:

10Section 1401-B. Definitions.

11The following words and phrases when used in this article
12shall have the meanings given to them in this section unless the
13context clearly indicates otherwise:

14"Block grant." The Human Services Block Grant [Pilot]
15Program established in section 1402-B.

16"County-based human services." Programs approved by the
17Department of Public Welfare and provided by county governments
18through direct or contracted services, supportive services and
19service coordination. The term includes services designed to
20meet service needs of the following:

21(1) Individuals in need of behavioral health services.

22(2) Individuals with intellectual disabilities.

23(3) Individuals in need of drug and alcohol treatment
24services.

25(4) Individuals who are homeless or at immediate risk of
26becoming homeless.

27(5) Dependent and delinquent children as defined in 42
28Pa.C.S. § 6302 (relating to definitions).

29(6) Low-income adults eligible to receive services under
30the act of October 5, 1994 (P.L.531, No.78), known as the

1Human Services Development Fund Act.

2(7) Older individuals as provided for under section
32206-A of the act of April 9, 1929 (P.L.177, No.175), known
4as The Administrative Code of 1929, and eligible to receive
5services under the Human Services Development Fund Act.

6"Local collaborative arrangements." Two or more counties
7acting in concert to provide county-based human services through
8a single public or private entity.

9Section 1402-B. Establishment of Human Services Block Grant
10[Pilot] Program.

11The Human Services Block Grant [Pilot] Program is established
12for the purpose of allocating block grant funds to county
13governments to provide locally identified county-based human
14services that will meet the service needs of county residents. A
15county's request to participate in the block grant shall be on a
16form and contain such information as the department may
17prescribe. The department, in its discretion, may approve a
18county's request based on criteria determined by the department.
19[No more than 20 counties may participate in the block grant in
20any fiscal year.] A county's participation in the block grant is 
21voluntary.

22Section 1403-B. Powers and duties of the department.

23(a) Distribution of funds.--Notwithstanding any other law,
24the department may distribute those funds that have been
25appropriated to the department for the programs set forth in
26section 1405-B(a)(1) as a block grant for county-based human
27services.

28(b) Administration of [pilot] program.--The department shall
29have the power and duty to:

30(1) Monitor county governments' administration of the

1block grant to ensure compliance with applicable Federal and
2State requirements.

3(2) Allocate and disburse block grant funds to counties
4on a quarterly basis in accordance with section 1405-B.

5(3) Provide technical support and assistance to
6counties.

7(4) Require counties to submit reports containing such
8information pursuant to the implementation of this article
9and in the form and by the deadline prescribed by the
10department.

11(5) Monitor, inspect or audit the financial, operating
12and accounting records of any county agency or contracted
13entity that receives any block grant funds if deemed
14necessary by the department.

15(6) Withhold, recover or reduce any block grant funds of
16a county agency or contracted entity determined to have been
17spent or disbursed in violation of Federal or State
18requirements.

19(7) Establish procedures for the annual submission,
20review and approval process of county block grant plans for
21the expenditure of block grant funds and the delivery of
22county-based human services submitted under section 1404-
23B(5). The department shall not approve a county plan which
24proposes the elimination of any of the following county-based
25human services:

26(i) Community-based mental health services.

27(ii) Intellectual disability services.

28(iii) Child welfare services.

29(iv) Drug and alcohol treatment and prevention
30services.

1(v) Homeless assistance services.

2(vi) Behavioral health services.

3(8) Prepare and submit by January 1, 2014, and by
4November 30 each year thereafter, a report to the chairman
5and minority chairman of the Public Health and Welfare
6Committee of the Senate, the chairman and minority chairman
7of the Appropriations Committee of the Senate, the chairman
8and minority chairman of the Health Committee of the House of
9Representatives, the chairman and minority chairman of the
10Human Services Committee of the House of Representatives and
11the chairman and minority chairman of the Appropriations
12Committee of the House of Representatives of the expenditures
13of block grant funds by county governments to include:

14(i) The allocation levels.

15(ii) The expenditure levels.

16(iii) The number of individuals served by the human
17services provided.

18(iv) Any other information deemed necessary by the
19department, including any information which would
20determine the effectiveness of the block grant.

21(9) The annual report under paragraph (8) shall be made
22available for public inspection and posted on the
23department's publicly accessible Internet website.

24(10) Promulgate regulations as may be necessary to carry
25out this article.

26Section 1404-B. Powers and duties of counties.

27The local county officials of each county government
28participating in the block grant shall have the power and duty
29to:

30(1) Administer and disburse block grant funds for the

1provision of county-based human services in accordance with
2this article and regulations promulgated under section 1403-
3B(10) and Federal requirements.

4(2) Establish or maintain, in agreement with another
5county or counties, local collaborative arrangements for the
6delivery of any county-based human service. Counties may
7establish new local collaborative arrangements under this
8paragraph for the provision of a specific county-based human
9service or county-based human services, subject to approval
10by the secretary.

11(3) Determine and redetermine, when necessary, whether a
12person is eligible to participate in a county-based human
13service, subject to appeal under 2 Pa.C.S. Ch. 5 Subch. B
14(relating to practice and procedures of local agencies).

15(4) Submit required reports under section 1403-B(b)(4).

16(5) [Submit] Opt into the block grant by submitting to
17the department an annual Human Services Block Grant [Pilot]
18Plan to include the intended delivery of county-based human
19services by client population to be served, including a
20detailed description of how the county intends to serve its
21residents in the least restrictive setting appropriate to
22their needs and the distribution and the projected
23expenditure level of block grant funds by county-based human
24services allocated under this article in such form and
25containing such information as the department may require.
26Prior to submitting the annual Human Services Block Grant
27[Pilot] Plan to the department, the county shall hold at
28least two public hearings on the plan under 65 Pa.C.S. Ch. 7
29(relating to open meetings), which shall include an
30opportunity for individuals and families who receive services

1to testify about the plan.

2(6) Submit to the department a written notice if a
3county intends to opt out of the block grant. Such opt out
4shall take effect at the beginning of the next State fiscal
5year.

6Section 1405-B. Allocation.

7(a) Allocation.--The department shall allocate State block
8grant funds to counties as follows:

9(1) The department shall allocate State block grant
10funds according to each county's proportional share of the
11aggregate amount of the following State funds allocated for
12fiscal year 2011-2012:

13(i) Funds allocated to counties under the act of
14October 5, 1994 (P.L.531, No.78), known as the Human
15Services Development Fund Act.

16(ii) Funds allocated to counties for mental health
17and intellectual disability services under the act of
18October 20, 1966 (3rd Sp.Sess., P.L.96, No.6), known as
19the Mental Health and Intellectual Disability Act of
201966.

21(iii) Funds allocated to counties for behavioral
22health services.

23(iv) Funds allocated to counties for drug and
24alcohol services under section 2334 of the act of April
259, 1929 (P.L.177, No.175), known as The Administrative
26Code of 1929.

27(v) Funds allocated to counties for the provision of
28services to the homeless.

29(vi) Funds allocated to county child welfare
30agencies as certain additional grants under section

1704.1(b).

2(2) The department shall allocate Federal block grant
3funds to counties according to each county's fiscal year
42011-2012 proportional share of each Federal appropriation
5associated with the funds identified in paragraph (1).

6(3) Funds identified in paragraphs (1) and (2) that were
7allocated to county local collaborative arrangements shall be
8allocated to individual counties based on the individual
9county population.

10(4) The department may revise the allocation of Federal
11funds identified in paragraph (2) as necessary to comply with
12applicable Federal requirements.

13(a.1) Adjustment of allocation.--The department may adjust
14grants under this article to a county participating in the block
15grant based on the county's need for funds to meet the human
16services needs of its residents for a fiscal year. Such
17adjustment shall not be considered in the county's allocation
18under subsection (a) for any subsequent fiscal year.

19(b) Expenditure.--Each county participating in the block
20grant shall expend its allocated block grant funds as follows:

21(1) For State fiscal year 2012-2013, each county shall
22expend on each of the following county-based human services
23at least 80% of the amount the county is allocated under the
24funds identified in subsection (a)(1) for that county-based
25human service:

26(i) Community-based mental health services.

27(ii) Intellectual disability services.

28(iii) Child welfare services.

29(iv) Drug and alcohol treatment and prevention
30services.

1(v) Homeless assistance services.

2(vi) Behavioral health services.

3(2) For State fiscal year 2013-2014, each county shall
4expend on each of the following county-based human services
5at least 75% of the amount the county was allocated under the
6funds identified in subsection (a)(1) for that county-based
7human service:

8(i) Community-based mental health services.

9(ii) Intellectual disability services.

10(iii) Child welfare services.

11(iv) Drug and alcohol treatment and prevention
12services.

13(v) Homeless assistance services.

14(vi) Behavioral health services.

15(3) For State fiscal year 2014-2015, each county shall
16expend on each of the following county-based human services
17at least 50% of the amount the county is allocated under the
18funds identified in subsection (a)(1) for that county-based
19human service:

20(i) Community-based mental health services.

21(ii) Intellectual disability services.

22(iii) Child welfare services.

23(iv) Drug and alcohol treatment and prevention
24services.

25(v) Homeless assistance services.

26(vi) Behavioral health services.

27(4) For State fiscal year 2015-2016, each county shall
28expend on each of the following county-based human services
29at least 25% of the amount the county is allocated under the
30funds identified in subsection (a)(1), for that county-based

1human service:

2(i) Community-based mental health services.

3(ii) Intellectual disability services.

4(iii) Child welfare services.

5(iv) Drug and alcohol treatment and prevention
6services.

7(v) Homeless assistance services.

8(vi) Behavioral health services.

9(5) For State fiscal year 2016-2017 and thereafter,
10counties may expend block grant funds on county-based human
11services as determined by local need.

12(c) Waiver.--A county may request in writing that the
13department waive the requirements of subsection (b). The
14department may, in its discretion, grant the request upon good
15cause shown by the county.

16(d) Use of remaining funds.--Except as provided in
17subsection (b), counties may expend the remaining block grant
18funds on county-based human services needs as determined by
19county officials.

20(e) Contribution to local collaborative arrangement.--Each
21county that is part of a local collaborative arrangement in
22accordance with section 1404-B(2) shall contribute at a minimum
23the percentage of funds specified in subsection (b) to the local
24collaborative arrangement for the provision of the county-based
25human services delivered by the local collaborative arrangement.

26Section 1406-B. Use of block grant funds.

27(a) General rule.--Block grant funds received by counties
28under this article shall be used solely for the provision of
29county-based human services.

30(b) Reinvestment.--A county participating in the block grant

1may submit to the department a written plan to reinvest up to 3%
2of its block grant allocation for any State fiscal year to be
3expended on county-based human services in the next State fiscal
4year. The 3% limitation may be waived by the department upon
5good cause shown by the county.

6(c) Eligibility.--No county shall be required to expend
7block grant funds under this article on behalf of an individual
8until the individual has exhausted eligibility and receipt of
9benefits under all other existing Federal, State, local or
10private programs.

11(d) Allocation.--For State fiscal year 2012-2013, each
12county in expending block grant funds shall provide local
13matching funds for block grant funds allocated to it in the same
14percentage as that county's aggregate local match percentage for
15the State funds identified in section 1405-B(a)(1) in State
16fiscal year 2010-2011. For each State fiscal year thereafter,
17each county in expending block grant funds shall provide local
18matching funds for State block grant funds allocated to it in
19the same percentage as that county's aggregate local match
20percentage for the State funds identified in section 1405-B(a)
21(1) in State fiscal year 2011-2012.

22(e) County obligation.--Except as provided in subsection
23(d), counties shall have no financial obligation to provide
24human services under this article in excess of their allocation
25of block grant funds for any fiscal year.

26Section 4. This act shall take effect immediately.