Regular Session 2019-2020 House Bill 2187 P.N. 3797

PRIOR PRINTER'S NO. 3096

PRINTER'S NO. 3797

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2187

Session of

2020

INTRODUCED BY GALLOWAY, T. DAVIS, ULLMAN, SCHLOSSBERG, KENYATTA,

CALTAGIRONE, HILL-EVANS, HOHENSTEIN, MURT, KINSEY,

YOUNGBLOOD, CIRESI, FRANKEL, DeLUCA, HOWARD AND JOHNSON-

HARRELL, JANUARY 10, 2020

AS REPORTED FROM COMMITTEE ON HUMAN SERVICES, HOUSE OF

REPRESENTATIVES, AS AMENDED, MAY 19, 2020

AN ACT

Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An

act to consolidate, editorially revise, and codify the public

welfare laws of the Commonwealth," in children and youth,

providing for Statewide children's mental health ombudsman.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The act of June 13, 1967 (P.L.31, No.21), known

as the Human Services Code, is amended by adding a section to

read:

Section 710. Statewide Children's Mental Health Ombudsman.--

(a) The secretary, subject to THE appropriation OF STATE FUNDS

or the receipt of Federal funds , shall establish FOR a Statewide

children's mental health ombudsman , SHALL ESTABLISH A STATEWIDE

CHILDREN'S MENTAL HEALTH OMBUDSMAN for the following purposes:

(1) Advocating on behalf of children with mental health

disorders.

(2) Identifying barriers to effective mental health

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treatment and proposed solutions.

(3) Monitoring and ensuring compliance with relevant

statutes, regulations, rules and policies pertaining to

children's behavioral health services.

(4) Receiving, investigating and resolving through

administrative action, as described under subsection (d),

complaints filed by a child or by individuals legally authorized

to act on behalf of the child, or by an individual, organization

or government agency that has reason to believe that an entity

regulated by the Commonwealth has engaged in activities,

practices or omissions that constitute violations of applicable

court orders, statutes or regulations or that may have an

adverse effect upon the health, safety, welfare or rights of

children.

(b) Within sixty days of the appropriation OF STATE FUNDS or

receipt of Federal funds required under subsection (a) TO

ESTABLISH A STATEWIDE CHILDREN'S MENTAL HEALTH OMBUDSMAN , the

secretary shall designate an individual to act as the ombudsman

who shall be qualified by training and experience to perform the

duties of the ombudsman.

EXECUTIVE DIRECTOR OF THE GOVERNOR'S OFFICE OF ADVOCACY AND

REFORM OR ITS SUCCESSOR.

and shall continue to hold office until a successor is

appointed. the THE secretary may reappoint the ombudsman for one

additional term. The secretary may remove the ombudsman only for

neglect of duty, misconduct or inability to perform duties.

(d) (E) The secretary, in consultation with the ombudsman,

the Deputy Secretary for Medical Assistance Programs and the

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Director of the Bureau of Children's Behavioral Health Services

MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES AND THE EXECUTIVE

DIRECTOR OF THE GOVERNOR'S OFFICE OF ADVOCACY AND REFORM OR ITS

SUCCESSOR , shall establish policies and procedures to facilitate

the purposes of the ombudsman. The policies and procedures shall

include procedures for filing complaints, investigating

complaints and taking action to implement resolutions to

complaints, including the use of State agency enforcement

authority to resolve complaints as recommended by the ombudsman.

(e) (F) In ensuring that the goals of the ombudsman are met,

the following shall apply:

(1) The ombudsman shall monitor the development and

implementation of Federal, State and local statutes, regulations

and policies regarding services and supports for children with

mental health disorders, including the education of children

with mental health disorders.

(2) The ombudsman shall maintain complete records of

complaints received, the actions taken, findings, outcomes and

recommendations in response to any complaints and other actions,

including those taken by the Commonwealth and private agency

responses to serious complaints.

(3) Each quarter, the ombudsman shall send a report to each

government agency about which a complaint was THAT WAS THE

SUBJECT OF A COMPLAINT received by the ombudsman during the

relevant period, listing the complaints involving that agency

which THAT were received during the past quarter , and . THE

OMBUDSMAN shall meet regularly with the secretary, the Deputy

Secretary for Medical Assistance Programs and the Director of

the Bureau of Children's Behavioral Health Services MENTAL

HEALTH AND SUBSTANCE ABUSE SERVICES AND THE EXECUTIVE DIRECTOR

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OF THE GOVERNOR'S OFFICE OF ADVOCACY AND REFORM OR ITS SUCCESSOR

and shall report on any Statewide problems that the ombudsman

has identified and potential solutions.

(4) The ombudsman shall report annually, within one hundred

twenty days of the end of the fiscal year, to the Governor, the

President pro tempore of the Senate, the Speaker of the House of

Representatives, the Majority Chairman and the Minority Chairman

of the Aging and Youth Committee of the Senate, the Majority

Chairman and the Minority Chairman of the Children and Youth

Committee of the House of Representatives, the Majority Chairman

and the Minority Chairman of the Education Committee of the

Senate, the Majority Chairman and Minority Chairman of the

Education Committee of the House of Representatives, the

Majority Chairman and the Minority Chairman of the Health and

Human Services Committee of the Senate, the Majority Chairman

and the Minority Chairman of the Health Committee of the House

of Representatives and the Majority Chairman and the Minority

Chairman of the Human Services Committee of the House of

Representatives, on the activities of the children's mental

health ombudsman, including complaints that are relevant to the

ombudsman and an analysis of patterns in complaints made through

the ombudsman and shall make recommendations for legislation,

policy or programmatic changes related to the protection of the

rights of children with mental health disorders. The report

shall be made available to the public and published on the

department's publicly accessible Internet website.

(f) (G) The department shall MAY promulgate regulations

necessary for the implementation of this section.

Section 2. This act shall take effect in 90 days.

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