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PRINTER'S NO. 1490
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1126
Session of
2022
INTRODUCED BY J. WARD, MASTRIANO, MENSCH, STEFANO, COLLETT,
SCHWANK, KANE, BOSCOLA, COMITTA, MARTIN, ROBINSON, PITTMAN
AND ARGALL, MARCH 17, 2022
REFERRED TO HEALTH AND HUMAN SERVICES, MARCH 17, 2022
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 preliminary provisions,
further providing for definitions; in general powers and
duties of the Department of Human Services, providing for
employment opportunities, for pilot programs, for system
innovation, for simplify the system reports, for
strengthening in-home and community supports and companion
services, for intellectual disability and autism
transportation reform, for weighted licensure, for private
accreditation and licensure, for reinvestment, for assessment
accuracy and timeliness, for reports and for Information
Sharing and Advisory Committee; and making editorial changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 102 of the act of June 13, 1967 (P.L.31,
No.21), known as the Human Services Code, is amended to read:
Section 102. Definitions.--Subject to additional definitions
contained in subsequent articles of this act, the following
words when used in this act shall have, unless the context
clearly indicates otherwise, the meanings given them in this
section:
"Department" means the Department of Human Services of this
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Commonwealth.
"ISAC" means the Information Sharing and Advisory Committee
established under section 228.
"ODP" means the Office of Developmental Programs of the
Department of Human Services.
"OVR" means the Office of Vocational Rehabilitation of the
Department of Labor and Industry.
"Secretary" means the Secretary of Human Services of this
Commonwealth.
Section 2. Article II heading of the act is amended to read:
ARTICLE II
GENERAL POWERS AND DUTIES
OF THE DEPARTMENT OF [PUBLIC WELFARE] HUMAN SERVICES
Section 3. The act is amended by adding sections to read:
Section 217. Employment Opportunities.--Relying on reports
and data received by the Employment First Oversight Commission,
the ODP shall prepare and submit an annual report to the General
Assembly on the employment rate for people with disabilities in
competitive, integrated employment, barriers to employment and
strategies for overcoming the barriers for individuals employed
on or before October 1. The report shall include the following:
(1) The distribution of number of hours of employment per
week.
(2) Hourly wage.
(3) Impact on individuals with intellectual disabilities and
autism such as physical health outcomes, behavioral outcomes and
increased independence.
(4) Length of current employment.
Section 218. Pilot Programs.--(a) The OVR and ODP shall
jointly oversee and implement a two-year pilot program to better
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coordinate eligibility, supports, funding and oversight of
employment services for the benefit of individuals with
intellectual disability, developmental disability or autism
spectrum disorder.
(b) The department, in consultation with the Department of
Labor and Industry and the Employment First Oversight
Commission, shall prepare and submit to the General Assembly and
release to the public an annual report on or before October 1
that includes the following information:
(1) Employment rate of pilot participants and distribution
among standard occupational classifications.
(2) The distribution of number of hours of employment per
week.
(3) Hourly wage.
(4) Impact on individuals with intellectual disabilities and
autism, including physical health outcomes, behavioral outcomes
and increased independence.
(5) Length of current employment.
Section 219. System Innovation.--The ODP may obtain
necessary approvals from the Federal Government to implement and
conduct pilot programs under the medical assistance program with
the agreement of stakeholders, including the Pennsylvania
Advocacy and Resources for Autism and Intellectual Disability,
the Rehabilitation and Community Providers Association, the Arc
of Pennsylvania, Vision for Equality and Disability Rights
Pennsylvania, the Provider Alliance, the Alliance of Community
Service Providers and Max Association.
Section 220. Simplify the System Reports.--(a) Through the
ISAC, the ODP shall convene a group of stakeholders to simplify
the intellectual disability/autism system for individuals,
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families, providers and the State, shall eliminate redundancies
and shall ensure a foundation of self-determined outcomes. The
report shall address at a minimum the following areas:
(1) Administrative, including:
(i) Service planning.
(ii) Billing.
(iii) Incident management.
(iv) Audits.
(2) Autism.
(3) Children.
(4) Healthcare, including:
(i) Behavioral health.
(ii) Dental health.
(iii) Nursing and health services.
(5) Employment.
(6) Housing.
(7) Individuals with medically complex needs.
(8) Involvement with the criminal justice system.
(9) Other related areas where administrative redundancies
can be eliminated and operational efficiencies can be realized.
(b) The Deputy Secretary of ODP shall present the report to
the Governor, the secretary and system stakeholders no later
than November 1, 2022. After the submission of the report, any
assigned committee will be deemed to have fulfilled its duties
under this section.
Section 221. Strengthening In-Home and Community Supports
and Companion Services.--(a) Through the ISAC, the ODP shall
complete a study on the long-term benefits of in-home and
community supports and companion services delivered to
individuals enrolled in the ODP administered home and community-
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based services waivers. The study shall include satisfaction of
service recipients, financial impact, barriers to access and
provider capacity. The ODP shall submit the study to the
Governor and General Assembly by November 1, 2022. After the
submission of the report, any assigned committee will be deemed
to have fulfilled its duties under this section.
Section 222. Intellectual Disability and Autism
Transportation Reform.--The ODP, in consultation with the ISAC
and any other necessary committee, shall develop and propose
recommendations to the Department of Transportation regarding
improvements in access to public transportation by individuals
with intellectual disability or autism. The Department of
Transportation shall review the recommendations in coordination
with the Governor for consideration for submission to the
General Assembly for legislative action by November 1, 2022.
After the submission of the report, any assigned committee will
be deemed to have fulfilled its duties under this section.
Section 223. Weighted Licensure.--Facilities licensed under
55 Pa. Code Chapters 2380, 2390, 6400 and 6500 shall be given
the option to have differential or weighted licensure status
based on the assessment of a licensee's level of compliance with
applicable regulations. The department shall propose regulations
for differential and weighted licensure measurement. The
regulations shall focus licensure review of regulatory
compliance on licensees in the lower 15th percentile of licensed
providers as determined by the number of citations and the
number of recipients in the licensed service.
Section 224. Private Accreditation and Licensure.--
Facilities licensed under 55 Pa. Code Chapters 2380, 2390, 6400
and 6500 shall qualify for compliance with licensure standards
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from the department if the facilities are accredited by a
private nongovernmental organization such as the Commission on
Accreditation of Rehabilitation Facilities, provided that the
accreditation standards meet or exceed applicable department
licensing standards. The department shall conduct reviews on
department licensing standards for which the accreditation
standards do not meet or exceed applicable department licensing
standards. Facilities shall be responsible for the cost of
obtaining accreditation.
Section 225. Reinvestment.--Savings in State funds achieved
by the adoption of the policies and procedures described in
sections 218 through 224 shall be dedicated to increasing wages
for direct support professionals who render care and support
under ODP administered waiver programs that fund community-based
services to individuals with an intellectual disability or
autism and to fund services for individuals on the waiting list
for ODP administered waiver services.
Section 226. Assessment Accuracy and Timeliness.--The
department shall assure that for all ODP services with funding
based on an assessment process, that the assessment shall be
completed within thirty of days of request and that a change to
rates triggered by reassessment is effective beginning on the
date of request.
Section 227. Reports.--The reports produced by this act will
be used to inform the ODP on decisions of improvements,
innovations and solutions to improve outcomes in the service
delivery system.
Section 228. Information Sharing and Advisory Committee.--
(a) The department shall establish the Information Sharing and
Advisory Committee.
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(b) The committee shall consist of a representative from
each of the following organizations:
(1) Pennsylvania Advocacy and Resources for Autism and
Intellectual Disability.
(2) Rehabilitation & Community Providers Association.
(3) The ARC of Pennsylvania.
(4) Disability Rights Pennsylvania.
(5) The Provider Alliance.
(6) MAX Association.
(7) The Alliance of Community Service Providers.
(8) Vision for Equality.
(9) Self Advocates United as 1.
(10) Institute on Disabilities at Temple University.
(c) The department shall establish the committee within
three months of the effective date of this section, appoint a
Chair and Vice Chair and facilitate quarterly meetings of the
committee. The department shall also share with the committee
any report prepared in accordance with this act at least ten
days before submitting the report to the General Assembly.
Section 4. Article III heading of the act is amended to
read:
ARTICLE III
STATE INSTITUTIONS IN THE DEPARTMENT OF
[PUBLIC WELFARE] HUMAN RESOURCES
Section 5. This act shall take effect in 30 days.
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