PRINTER'S NO. 2211
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1650
Session of
2017
INTRODUCED BY BENNINGHOFF, TURZAI, CHARLTON, GODSHALL, GREINER,
KINSEY, MARSHALL, D. MILLER, READSHAW, ROAE, SANTORA, SAYLOR,
WATSON AND WHEELAND, JULY 8, 2017
REFERRED TO COMMITTEE ON HEALTH, JULY 8, 2017
AN ACT
Providing for the closure of State facilities for individuals
with intellectual disabilities, for the transfer of
individuals with intellectual disabilities receiving care at
State facilities to a home and community-based support system
and for the disposition of State facility property;
establishing the Home and Community-Based Services Fund; and
making related repeals.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Home and
Community-Based Support for Individuals with Intellectual
Disabilities Act.
Section 2. Definitions.
As used in this section, the following words and phrases
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Department." The Department of Human Services.
"Fund." The Home and Community-Based Services Fund.
"Home and community-based support." An activity, service,
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assistance or product provided to an individual with an
intellectual disability which is funded through a Federally
approved medical assistance waiver program or a State plan for
medical assistance.
"Medical assistance." Services rendered to eligible
individuals under Articles IV and V of the act of June 13, 1967
(P.L.31, No.21), known as the Human Services Code.
"Plan." The plan for the closure of State facilities for
individuals with intellectual disabilities as provided under
section 3.
"State facility." A facility operated by the Commonwealth
for individuals with intellectual disabilities in accordance
with the act of October 20, 1966 (3rd Sp.Sess., P.L.96, No.6),
known as the Mental Health and Intellectual Disability Act of
1966.
"State facility property." The physical property and any
improvements on the physical property where a State facility is
located.
Section 3. Closure of State facilities.
All State facilities shall be closed and shall not provide
any services or supports to individuals with intellectual
disabilities on or after January 1, 2023.
Section 4. State facilities closure plan.
(a) Plan.--The department shall prepare a plan for the
closure of all State facilities and the transition of
individuals with intellectual disabilities receiving care in
State facilities to a home and community-based support system.
The plan shall include all of the following:
(1) An assessment of the State facilities, including all
of the following:
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(i) A certified independent appraisal of each State
facility property.
(ii) A report on data of the State employees
employed at each State facility, both full time and part
time, including the total number of employees, the total
wages paid, the total benefits paid and the
organizational flow chart for the employees working at
each State facility.
(iii) A detailed report of the services provided at
each State facility by contracted third-party vendors.
(iv) An inventory of assets located at and
improvements on each State facility.
(v) A report of all electric, utility, water,
landscaping, snow removal and maintenance costs of each
State facility.
(vi) Geospatial images of each State facility.
(vii) A detailed description of the existence,
ownership rights and appraised value of any mineral
rights on the State facility property.
(viii) A historical report of the institutional
property, including the date it was acquired or
constructed, the dates of any improvements thereon, any
changes in property records such as subdivision of the
property, historical employment or complement levels, and
historical data.
(2) The timeline, specific to each State facility, for
the transition to a home and community-based support system
for all of the individuals with intellectual disabilities
living at each State facility. Information required under
this paragraph shall specify the critical milestones in the
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closure process for each State facility and the department's
planned course of action to effectuate the closure of each
State facility, including available and necessary resources.
(3) The home and community-based support providers
available in the immediate geographic area surrounding each
State facility.
(4) The process the department will utilize at each
State facility to transition individuals with intellectual
disabilities supported at each State facility to a home and
community-based support system as provided under this
section.
(5) The process the department will utilize at each
State facility to close buildings and reassign staff when
individuals with intellectual disabilities are transitioning
from State facilities to a home and community-based support
system.
(6) Any other information deemed appropriate by the
department as part of the plan.
(b) Plan submission.--By July 1, 2018, the department shall
submit a draft of the plan under subsection (a) to all of the
following:
(1) The Governor.
(2) The Majority Leader of the Senate.
(3) The Minority Leader of the Senate.
(4) The Majority Leader of the House of Representatives.
(5) The Minority Leader of the House of Representatives.
(6) The chair and minority chair of the Appropriations
Committee of the Senate.
(7) The chair and minority chair of the Appropriations
Committee of the House of Representatives.
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(8) The chair and minority chair of the Health and Human
Services Committee of the Senate.
(9) The chair and minority chair of the Human Services
Committee of the House of Representatives.
(c) Plan review.--The following apply:
(1) The department shall have a public comment period
until September 1, 2018, for the purpose of soliciting
comments regarding the draft of the plan under subsection
(a).
(2) The department shall hold no less than three public
hearings regarding the draft of the plan under subsection (a)
during the public comment period under paragraph (1).
(d) Final plan submission.--The department shall submit the
final plan under subsection (a) by January 1, 2019, to the
Governor and each member of the General Assembly. Upon
submission under this subsection, the final plan shall be made
available on the department's publicly accessible Internet
website.
Section 5. Public hearings on closure of State facilities.
(a) Action on plan.--Upon submission of the plan under
section 4(d), the department shall proceed with the closure of
each State facility in accordance with the plan.
(b) Public hearing.--The following apply:
(1) The department shall conduct at least one hearing on
the closure of a State facility within one year before
closure of the State facility. The hearing shall be conducted
at a public site in close vicinity to the State facility. The
department shall advertise each hearing in accordance with 45
Pa.C.S. Ch. 3 (relating to legal advertising).
(2) The hearing shall allow testimony from all of the
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following:
(i) Individuals with intellectual disabilities who
reside at the State facility.
(ii) Family members of individuals with intellectual
disabilities who reside at the State facility.
(iii) Employees of the State facility.
(iv) Contracted vendors of the State facility.
(v) Home and community-based support system
providers in the immediate geographic area of the State
facility.
(vi) Elected officials.
(vii) Community leaders.
(3) The department shall ensure that there is enough
time allotted for all testimony to be taken during the
hearing and shall schedule additional public hearings as
necessary.
(c) Hearing notice.--In addition to the notice required
under subsection (b)(1), the department shall post a notice of
scheduled hearing under subsection (b) on the department's
publicly accessible Internet website and shall provide
sufficient notice to all of the following:
(1) Individuals with intellectual disabilities who
reside at the State facility.
(2) Family members of individuals with intellectual
disabilities who reside at the State facility.
(3) Employees of the State facility.
(4) Contracted vendors of the State facility.
(5) Home and community-based support system providers in
the immediate geographic area of the State facility.
(6) Elected officials.
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(7) Community leaders.
Section 6. Transition to home and community-based support
system.
(a) Transition.--The department shall ensure that an
individual with intellectual disabilities receiving care in a
State facility be transitioned into a home and community-based
support system in a manner which coincides with the choices,
needs, desires and goals of the individual and the individual's
family if permission is granted by the individual.
(b) Advisory committee.--The department shall establish an
advisory committee which shall advise the department in the
administration of this act. The advisory committee shall include
representation by all of the following:
(1) Individuals with intellectual disabilities.
(2) Families of individuals with intellectual
disabilities.
(3) Support coordinators.
(4) Providers of home and community-based support
systems.
(5) State, county and local government officials.
(6) Advocates for individuals with intellectual
disabilities.
(c) Hotline.--The department shall establish a toll-free
hotline for inquiries regarding the provisions of this act.
(d) Information distribution.--The department may use any
other means necessary to disseminate information regarding the
provisions of this act to individuals with intellectual
disabilities.
Section 7. Disposition of State facility property.
(a) Requirements.--Except as provided under this section, a
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State facility property shall be subject to the requirements
under Article XXIV-A of the act of April 9, 1929 (P.L.177,
No.175), known as The Administrative Code of 1929, upon closure
of the State facility property.
(b) Process.--Notwithstanding section 2404-A(d) of Article
XXIV-A of The Administrative Code of 1929, the General Assembly
may, by concurrent resolution, disapprove of the disposition of
State facility property as specified in a plan submitted under
section 4(d) within 15 days of the submission of the plan.
(c) Mineral rights.--Section 2405-A(6) of The Administrative
Code of 1929 shall not apply to the deed of conveyance of a
State facility.
Section 8. Home and Community-Based Services Fund.
(a) Establishment.--The Home and Community-Based Services
Fund is established in the State Treasury.
(b) Money in fund.--Notwithstanding section 2406-A of the
act of April 9, 1929 (P.L.177, No.175), known as The
Administrative Code of 1929, the following shall be deposited
into the fund for purposes of administering this act:
(1) Money generated from the sale of State facility real
estate.
(2) Money generated from fiscal savings as a result of
the sale of State facilities.
(c) Annual report.--The department shall annually submit a
report to the Governor and the General Assembly which includes
an itemized list of any fiscal savings as a result of the sale
of State facilities.
Section 9. Repeals.
All acts or parts of acts are repealed insofar as they are
inconsistent with this act.
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Section 10. Effective date.
This act shall take effect immediately.
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