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A07581
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1363
Session of
2019
INTRODUCED BY MURT, DONATUCCI, STEPHENS, MARKOSEK, A. DAVIS,
CALTAGIRONE, ROZZI, SCHLOSSBERG, HOHENSTEIN, NEILSON,
McNEILL, FRANKEL, FREEMAN, CIRESI, WARREN, YOUNGBLOOD, MOUL,
SHUSTERMAN, McCLINTON, READSHAW, KAUFER, STURLA, KENYATTA,
GILLEN, SOLOMON, THOMAS AND MALAGARI, MAY 6, 2019
AS REPORTED FROM COMMITTEE ON HUMAN SERVICES, HOUSE OF
REPRESENTATIVES, AS AMENDED, MAY 19, 2020
AN ACT
Establishing a bill of rights for individuals with intellectual
disabilities or autism; and conferring powers and duties on
the Department of Human Services providing for waiting lists
for intellectual disability or autism services and report.
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 Individuals
with Intellectual Disabilities or Autism Bill of Rights Act.
Section 2. Findings.
The General Assembly finds and declares as follows:
(1) Disability is a natural part of the human
experience, which does not diminish the right of individuals
with intellectual disabilities or autism to:
(i) enjoy the opportunity to live, to the maximum
extent possible, independently and in the community;
(ii) make choices and decisions;
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(iii) contribute to society and participate in the
community; and
(iv) experience full integration and inclusion in
the economic, political, social, cultural, educational
and all other aspects of society in this Commonwealth.
(2) Individuals with intellectual disabilities or autism
continually encounter various forms of discrimination in all
areas.
(3) There is a lack of public awareness of the
capabilities and competencies of individuals with
intellectual disabilities or autism.
(4) A substantial number of individuals with
intellectual disabilities or autism do not have access to
appropriate community-integrated supports and services from
generic and specialized service systems and remain unserved
or underserved.
(5) Communities can be enriched by the full and active
participation and the contributions by individuals with
intellectual disabilities or autism and their families, and
there is a need to ensure that, within this Commonwealth,
there is the availability and equitable provision of
necessary community-integrated supports and services for
individuals with intellectual disabilities or autism,
regardless of religion, race, color, national origin,
economic or social status and degree or type of disability.
(6) The long-time commitment of the General Assembly to
secure for individuals with intellectual disabilities or
autism in partnership with their families or legal guardians
the opportunity to choose where they live in the community is
affirmed. The General Assembly encourages individuals with
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intellectual disabilities or autism to remain in their homes
or community to the maximum extent possible.
(7) Services must ensure accountability, credibility,
responsiveness and quality assurance, whether the funding is
Federal, State, local or community.
(8) As of April 30, 2015 MARCH 31, 2020, there are
approximately 10,234 9,982 people with intellectual
disabilities or autism with emergency and critical needs
waiting for home-based and community-based services. As of
June 3, 2015 MARCH 30, 2020, there are approximately 1,675
2,244 individuals on the autism home-based and community-
based services waiting list, or interest list. The waiting
lists for these persons are expected to grow substantially
into the foreseeable future.
(9) The Department of Human Services needs to develop an
adequate plan to address the needs and services for the
individuals on the waiting list for intellectual disability
services, for the individuals on the waiting list or interest
list for autism services and for all individuals with
disabilities to prevent institutionalization.
(10) For true choice to exist, individuals with
intellectual disabilities or autism and their families or
legal guardians must be provided with information about
options for supports and services.
(11) The goals of the General Assembly properly include
the goal of providing individuals with intellectual
disabilities or autism with the opportunities and support to:
(i) Make informed choices and decisions.
(ii) Pursue meaningful and productive lives.
(iii) Live in a home and community of their choice.
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(iv) Achieve full integration and inclusion in
society in an individualized manner consistent with the
unique strengths, resources, priorities, concerns,
abilities and capabilities of each individual.
(12) The purpose of this act is to reflect the United
States Supreme Court decision of Olmstead v. L.C., 119 S.Ct.
2176 (1999) (No.98-536 U.S. 1999) and the integration
mandates of the Americans with Disabilities Act of 1990
(P.L.101-336, 104 Stat. 347) and the Rehabilitation Act of
1973 (P.L.93-112, 29 U.S.C. § 701 et seq.).
(13) It is the policy of the General Assembly that all
programs, projects and activities operating in this
Commonwealth be carried out in a manner consistent with the
following principles:
(i) Individuals with intellectual disabilities or
autism are capable of pursuing independence, productivity
and integration and inclusion into the community and
often require the provision of services, supports and
other assistance to achieve independence, productivity
and integration and inclusion.
(ii) Individuals with intellectual disabilities or
autism have competencies, capabilities and personal goals
which shall be recognized, supported and encouraged, and
any assistance to the individuals shall be provided in an
individualized manner consistent with the unique
strengths, resources, priorities, concerns, abilities and
capabilities of the individuals.
(iii) Individuals with intellectual disabilities or
autism and, if chosen by the individual, their families
or legal guardians are instrumental decision makers
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regarding the services and supports the individuals
receive and inform policies and programs which affect the
lives of the individuals and their families.
(iv) The Commonwealth shall, within budgetary
accountability, provide services, supports and other
assistance which reflect the principles of everyday life
and self-determination that have been the cornerstone of
this Commonwealth's human services for people with
intellectual disabilities or autism.
Section 3. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Autism" or "autism spectrum disorder." Any of the pervasive
developmental disorders defined by the most recent edition of
the Diagnostic and Statistical Manual of Mental Disorders (DSM),
or its successor, including autistic disorder, Asperger's
syndrome and pervasive developmental disorder not otherwise
specified.
"Department." The Department of Human Services of the
Commonwealth.
"Intellectual disability." Significantly subaverage general
intellectual functioning that is accompanied by significant
limitations in adaptive functioning in at least two of the
following skill areas:
(1) Communication.
(2) Self-care.
(3) Home living.
(4) Social and interpersonal skills.
(5) Use of community resources.
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(6) Self-direction.
(7) Functional academic skills.
(8) Work.
(9) Health.
(10) Safety.
The onset must occur before the individual reaches 22 years of
age, as defined by 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.
"Supports and services." Integrated services in the home and
community, including the integrated settings where the services
are provided, as defined under 42 CFR §§ 440.180 (relating to
home and community-based waiver services) and 441.301(c)(4) and
(5) (relating to contents of request for a waiver), which are
developed in accordance with the person-centered planning
requirements of 42 CFR § 441.301(c)(1), (2) and (3).
Section 4. Choice.
(a) Community-based services.--The Commonwealth shall, based
on available funding, provide individualized supports and
services for an individual with intellectual disabilities or
autism if all of the following apply:
(1) The individual has intellectual disabilities or
autism.
(2) The individual chooses certain supports and services
or does not oppose the supports and services.
(3) The supports and services are included in an
approved individualized services plan developed in accordance
with the person-centered planning requirements of 42 CFR §
441.301(c)(1), (2) and (3) (relating to contents of request
for a waiver) by an authorized State or county supports
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coordinator with the input of the individual and, if chosen
by the individual, the individual's guardian and advocate.
(b) Family.--If the individual so chooses, family members
and legal guardians of an individual with intellectual
disabilities or autism shall be involved in meetings regarding
the planning for and arrangement of supports and services or
other allowable services. Legal guardians shall, under 20
Pa.C.S. § 5521(a) (relating to provisions concerning powers,
duties and liabilities):
(1) Assert the rights and interests of the individual.
(2) Respect the wishes and preferences of the individual
to the greatest extent possible.
(3) Encourage the individual to participate to the
maximum extent of the individual's abilities in all decisions
that affect the individual, to act on the individual's own
behalf when the individual is able to do so and to develop or
regain the individual's capacity to manage the individual's
personal affairs to the maximum extent feasible.
(c) Contact.--Nothing in this act shall be construed to
prohibit an individual with intellectual disabilities or autism
from maintaining contact with family and friends. The individual
shall also have the choice to not have contact with family and
friends.
(d) Complaints.--An individual with intellectual
disabilities or autism, or a family member or legal guardian of
the individual who believes that the needs as identified or as
detailed in the individualized service plan are not being met
may provide the State or county a letter expressing concerns.
The State or county shall, within 30 days, address the concerns
and, if necessary, take corrective action. All Federal and State
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due process rights, including written notice and a fair hearing,
also continue to apply for each individual.
Section 5. Waiting lists for intellectual disability or autism
services.
(a) General rule.--The department shall, within four SIX
months of the effective date of this act, reorganize its waiting
list or interest list for individuals with autism into a waiting
list that prioritizes individuals according to the categories of
emergency needs, critical needs and planning needs. This data
shall be collected using a tool that measures the level of care
needed and that does not limit assessment data collection based
on the geographic area where autism services are provided in
this Commonwealth. Additionally, the prioritization of need may
not include consideration of services that the individual with
autism currently receives.
(b) Waiting list plan.--Within one year of the effective
date of this section, the department shall, as part of a
stakeholder process with participation by individuals with
intellectual disabilities or autism and their family members,
develop a five-year plan to eliminate the current and any future
additions to the critical and emergency waiting list for
individuals with intellectual disabilities or autism who are in
need of supports and services. Within one year of the effective
date of this section, the department shall develop a two-year
plan to eliminate the current as well as any future additions to
the supports and services waiting list for individuals with
autism and to prevent future supports and services waiting lists
for all other persons with disabilities, including those with
physical and developmental disabilities, including brain injury.
The department shall submit the plans to the Governor, the
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General Assembly and the county intellectual disability program
administrators.
(c) Contents of plan.--The plans required by subsection (b)
shall include:
(1) Statistical information on the current and projected
annual increase in the waiting lists on a county basis. The
department shall develop a Statewide standardized form to
collect the information from the counties and the
department's Bureau of Autism Services.
(2) Budget projections taking into consideration the
department's current budget year, projected annual costs
associated with the elimination of the waiting lists,
financial information on the amount of additional Federal,
State or other funds in each county and with the department's
Bureau of Autism Services which may be required annually for
the operational costs associated with the elimination of the
waiting list in each county and of the waiting list with the
department's Bureau of Autism Services and the projected
annual waiting lists in each annual plan update.
(d) Public hearings and comment.--In the development of the
plans required by subsection (b), the department shall conduct
public hearings and obtain public comment from individuals with
disabilities, including those with intellectual disabilities or
autism, their families and guardians and providers of services
to the disability community, including the intellectual
disabilities and autism community.
(e) Annual submission of updated plan.--The department shall
update the budget, statistical and financial data to the plans
required by subsection (b) annually and submit updated plans to
the Governor, the General Assembly and the county intellectual
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disability program administrators on the anniversary date of the
department's original submission of the plans.
Section 6. Funding.
Services under this act shall be made available across this
Commonwealth, taking into account the budget constraints and
financial resources available to the Commonwealth and the needs
of individuals with intellectual disabilities or autism. Nothing
under this act shall constitute an entitlement derived from the
Commonwealth or a claim on any funds of the Commonwealth.
Section 7. Report.
(a) General rule.--The department shall submit a written
report by September 30, 2019 WITHIN NINE MONTHS AFTER THE
EFFECTIVE DATE OF THIS SECTION, and every four months
thereafter, to the following:
(1) The Governor.
(2) The chairperson and minority chairperson of the
Public Health and Welfare Committee of the Senate.
(3) The chairperson and minority chairperson of the
Health Committee of the House of Representatives.
(4) The chairperson and minority chairperson of the
Human Services Committee of the House of Representatives.
(5) The chairperson and minority chairperson of the
Appropriations Committee of the Senate.
(6) The chairperson and minority chairperson of the
Appropriations Committee of the House of Representatives.
(7) The department's Medical Assistance Advisory
Committee.
(b) Posting of report.--The report shall be posted on the
department's publicly accessible Internet website in an
accessible format.
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(c) Contents of report.--The report shall include the
following:
(1) The total number and age ranges, including under 18
years of age, 18 to 21 years of age and over 21 years of age,
of individuals currently on the department's waiting list for
supports and services for individuals with intellectual
disabilities or autism.
(2) The number and age ranges, including under 18 years
of age, 18 to 21 years of age and over 21 years of age, of
individuals currently on the department's waiting list for
supports and services for individuals with intellectual
disabilities or autism:
(i) with emergency needs;
(ii) with critical needs; and
(iii) the combined number of those with emergency
needs and critical needs.
(3) The number of individuals added to the department's
waiting list for supports and services for individuals with
intellectual disabilities or autism in the last four months
and the reasons that the individuals were added to the
waiting list.
(4) The number of individuals removed from the
department's waiting list for supports and services for
individuals with intellectual disabilities or autism in the
last four months. and the reasons that the individuals were
removed from the waiting list.
(5) The number of months or years that individuals with
emergency needs currently on the department's waiting list
for supports and services for individuals with intellectual
disabilities or autism have been on the waiting list.
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(6) The number of months or years that individuals with
critical needs currently on the department's waiting list for
supports and services for individuals with intellectual
disabilities or autism have been on the waiting list.
(7) (5) The number and age ranges, including under 18
years of age, 18 to 21 years of age and over 21 years of age,
of individuals currently on the department's waiting list for
supports and services for individuals with intellectual
disabilities or autism who are in:
(i) a State center;
(ii) a private intermediate care facility for
individuals with intellectual disabilities or persons
with other related conditions;
(iii) a State hospital;
(iv) a private psychiatric hospital;
(v) a residential treatment facility; or
(vi) any other public or private facility or other
institutional setting.
(8) (6) The total number and age ranges, including under
18 years of age, 18 to 21 years of age and over 21 years of
age, of individuals currently on the department's waiting
list or interest list for the adult community autism program
and the adult autism waiver.
(9) (7) The total number and age ranges, including under
18 years of age, 18 to 21 years of age and over 21 years of
age, of individuals currently on the department's waiting
list or interest list for the adult community autism program
and the adult autism waiver:
(i) with emergency needs;
(ii) with critical needs; and
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(iii) the combined number of those with emergency
needs and critical needs.
(10) The number of individuals added to the department's
waiting list or interest list for the adult community autism
program and the adult autism waiver in the last four months
and the reasons that the individuals were added to the
waiting list.
(11) (8) The number of individuals removed from the
department's waiting list or interest list for the adult
community autism program and the adult autism waiver in the
last four months. and the reasons that the individuals were
removed from the waiting list.
(12) The number of months or years that individuals with
emergency needs currently on the department's waiting list or
interest list for the adult community autism program and the
adult autism waiver have been on the waiting list.
(13) The number of months or years that individuals with
critical needs currently on the department's waiting list or
interest list for the adult community autism program and the
adult autism waiver have been on the waiting list.
(14) (9) The total number and age ranges, including
under 18 years of age, 18 to 21 years of age and over 21
years of age, of individuals currently on the department's
waiting list or interest list for the adult community autism
program and the adult autism waiver who are in:
(i) a State center;
(ii) a private intermediate care facility for
individuals with intellectual disabilities or persons
with other related conditions;
(iii) a State hospital;
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(iv) a private psychiatric hospital;
(v) a residential treatment facility; or
(vi) any other public or private facility or other
institutional setting.
(15) (10) The estimated per-person cost to serve an
eligible individual on the waiting list under paragraph (1).
(16) (11) The estimated per-person cost to serve an
eligible individual on the waiting list or interest list
under paragraph (8) (6).
(17) (12) The total estimated cost to serve all eligible
individuals on the waiting list under paragraph (1) and the
estimated cost to serve all eligible individuals in each
category listed under paragraph (2).
(18) (13) The total estimated cost to serve all eligible
individuals on the waiting list or interest list under
paragraph (8) (6) and the estimated cost to serve all
eligible individuals in each category listed under paragraph
(9) (7).
Section 8. Effective date.
This act shall take effect immediately.
Section 1. Short title.
This act shall be known and may be cited as the Individuals
with Intellectual Disabilities or Autism Bill of Rights Act.
Section 2. Findings.
The General Assembly finds and declares as follows:
(1) Disability is a natural part of the human
experience, which does not diminish the right of individuals
with intellectual disabilities or autism to:
(i) enjoy the opportunity to live independently, to
the maximum extent possible;
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(ii) make choices and decisions;
(iii) contribute to society and participate in the
community; and
(iv) experience full integration and inclusion in
the economic, political, social, cultural, educational
and all other aspects of society in this Commonwealth.
(2) Individuals with intellectual disabilities or autism
continually encounter various forms of discrimination in all
areas.
(3) There is a lack of public awareness of the
capabilities and competencies of individuals with
intellectual disabilities or autism.
(4) A substantial number of individuals with
intellectual disabilities or autism do not have access to
appropriate supports and services from generic and
specialized service systems and remain unserved or
underserved.
(5) Communities can be enriched by the full and active
participation and the contributions by individuals with
intellectual disabilities or autism and their families or
legal guardians.
(6) The long-time commitment of the General Assembly to
secure for individuals with intellectual disabilities or
autism in partnership with their families or legal guardians
the opportunity to choose where they live is affirmed.
(7) For true choice to exist, individuals with
intellectual disabilities or autism and their families or
legal guardians must be provided with information about
options for supports and services.
(8) The goals of the General Assembly properly include
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the goal of providing individuals with intellectual
disabilities or autism with the opportunities and support to:
(i) make informed choices and decisions;
(ii) pursue meaningful and productive lives;
(iii) live in a home of their choice; and
(iv) achieve full integration and inclusion in
society in an individualized manner consistent with the
unique strengths, resources, priorities, concerns,
abilities and capabilities of each individual.
(9) It is the policy of the General Assembly that all
programs, projects and activities operating in this
Commonwealth be carried out in a manner consistent with the
following principles:
(i) Individuals with intellectual disabilities or
autism are capable of pursuing independence, productivity
and integration and inclusion into the community and
often require the provision of services, supports and
other assistance to achieve independence, productivity
and integration and inclusion.
(ii) Individuals with intellectual disabilities or
autism have competencies, capabilities and personal goals
which shall be recognized, supported and encouraged, and
any assistance to the individuals shall be provided in an
individualized manner consistent with the unique
strengths, resources, priorities, concerns, abilities and
capabilities of the individuals.
(iii) Individuals with intellectual disabilities or
autism and their families or legal guardians are
instrumental decision makers regarding the services and
supports the individuals receive and inform policies and
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programs which affect the lives of the individuals and
their families.
(iv) The Commonwealth shall, within budgetary
accountability and Federal funding availability, provide
services, supports and other assistance which reflect the
principles of everyday life and self-determination that
have been the cornerstone of this Commonwealth's human
services for people with intellectual disabilities or
autism.
Section 3. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Autism" or "autism spectrum disorder." Any of the pervasive
developmental disorders defined by the Diagnostic and
Statistical Manual of Mental Disorders, 5th Edition (DSM-5),
including autistic disorder, Asperger's syndrome and pervasive
developmental disorder not otherwise specified.
"Department." The Department of Human Services of the
Commonwealth.
"Home." The community or facility in which individuals with
intellectual disabilities or autism reside.
"Intellectual disability." As defined in section 102 of 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.
"Intermediate care facility." A facility for individuals
with intellectual disabilities as defined in section 1396d(d) of
the Social Security Act (49 Stat. 620, 42 U.S.C. § 1396d(d)).
"PUNS." The prioritization of urgency of need for services
tool.
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"Supports and services." Integrated services in the home,
including the integrated settings where the services are
provided, as defined in 42 CFR 440.180 (relating to home and
community-based waiver services) and 441.301(c)(4) and (5)
(relating to contents of request for a waiver), which are
developed in accordance with the person-centered planning
requirements of 42 CFR 441.301(c)(1), (2) and (3).
"Waiting list." A list maintained by the department with the
individuals with intellectual disabilities or autism who are
waiting for supports and services to meet their needs.
Section 4. Individualized supports and services.
(a) Community-based services.--The Commonwealth shall, based
on available funding, provide individualized supports and
services for an individual with intellectual disabilities or
autism if all of the following apply:
(1) The individual has intellectual disabilities or
autism.
(2) The individual chooses certain supports and services
or does not oppose the supports and services.
(3) The supports and services are included in an
approved individualized services plan developed in accordance
with the person-centered planning requirements under 42 CFR
441.301(c)(1), (2) and (3) (relating to contents of request
for a waiver) by an authorized State or county supports
coordinator with the input of the individual and the
individual's guardian and advocate.
(b) Family.--
(1) If the individual so chooses, family members of an
individual with intellectual disabilities or autism shall be
involved in meetings regarding the planning for and
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arrangement of supports and services or other allowable
services. Legal guardians shall, in accordance with 20
Pa.C.S. § 5521(a) (relating to provisions concerning powers,
duties and liabilities), have all of the following duties:
(i) Asserting the rights and interests of the
individual.
(ii) Respecting the wishes and preferences of the
individual to the greatest extent possible.
(iii) Encouraging the individual to participate to
the maximum extent of the individual's abilities in all
decisions that affect the individual, to act on the
individual's own behalf when the individual is able to do
so and to develop or regain the individual's capacity to
manage the individual's personal affairs to the maximum
extent feasible.
(2) Nothing in this act shall be construed to prohibit a
legal guardian from exercising the legal guardian's duties
and liabilities on behalf of the individual.
(c) Contact.--Nothing in this act shall be construed to
prohibit an individual with intellectual disabilities or autism
from maintaining contact with family and friends. The individual
shall also have the choice to not have contact with family and
friends.
(d) Complaints.--An individual with intellectual
disabilities or autism or a family member or legal guardian of
the individual who believes that the needs as identified or as
detailed in the individualized service plan are not being met
may provide the State or county a letter expressing concerns.
The State or county shall, within 30 days, address the concerns
and, if necessary, take corrective action. All Federal and State
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due process rights, including written notice and a fair hearing,
also continue to apply for each individual.
Section 5. Waiting lists for intellectual disability or autism
services and report.
(a) Waiting list.--The department shall, within six months
of the effective date of this section, reorganize its waiting
list or interest list for individuals with intellectual
disabilities or autism into a waiting list that utilizes PUNS.
This data shall not limit assessment data collection based on
the geographic area where intellectual disabilities or autism
services are provided in this Commonwealth. The department shall
make this data available to the Legislative Budget and Finance
Committee for the purpose of the report required under
subsection (b).
(b) Report.--Within one year of the effective date of this
section, the Legislative Budget and Finance Committee shall
submit a report on the department's waiting list or interest
list specified under subsection (a) to the Governor, the General
Assembly and the county intellectual disability program
administrators.
(c) Contents of report.--The report required under
subsection (b) shall include all of the following information:
(1) Statistical information on the current and projected
annual increase in the waiting lists on a county basis. The
department shall develop a Statewide standardized form to
collect the information from the counties and the
department's Bureau of Autism Services.
(2) Budget projections taking into consideration the
department's current budget year, projected annual costs
associated with the elimination of the waiting lists,
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financial information on the amount of additional Federal,
State or other funds in each county and with the department's
Bureau of Autism Services which may be required annually for
the operational costs associated with the elimination of the
waiting list in each county and of the waiting list with the
department's Bureau of Autism Services and the projected
annual waiting lists in each annual report.
(3) The total number of individuals with intellectual
disabilities or autism on the department's waiting list for
supports and services on the effective date of this section,
organized as follows:
(i) By age range, as follows:
(A) Under 18 years of age.
(B) 18 to 21 years of age.
(C) Over 21 years of age.
(ii) By emergency need, critical need or planning
for need, as organized in PUNS.
(iii) By their home, including any of the following
settings for supports and services:
(A) A State center.
(B) A private intermediate care facility for
individuals with intellectual disabilities or persons
with other related conditions.
(C) A State hospital.
(D) A private psychiatric hospital.
(E) A residential treatment facility.
(F) Any other public or private facility or
other institutional setting.
(4) The number of individuals removed from the
department's waiting list in the last year.
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(5) The total estimated cost and per-individual cost to
serve eligible individuals with intellectual disabilities or
autism on the waiting list.
(d) Public hearings and comment.--In the development of the
report required under subsection (b), the Legislative Budget and
Finance Committee shall conduct public hearings and obtain
public comment from individuals with disabilities, including
those with intellectual disabilities or autism, their families
and legal guardians and providers of services to the disability
community, including the intellectual disabilities and autism
community.
(e) Annual submission of updated report.--The Legislative
Budget and Finance Committee shall update the budget,
statistical and financial data in the report required under
subsection (b) annually and submit an updated report to all of
the following:
(1) The Governor.
(2) The chair and minority chair of the Appropriations
Committee of the Senate.
(3) The chair and minority chair of the Appropriations
Committee of the House of Representatives.
(4) The chair and minority chair of the Health and Human
Services Committee of the Senate.
(5) The chair and minority chair of the Health Committee
of the House of Representatives.
(6) The chair and minority chair of the Human Services
Committee of the House of Representatives.
(7) The Medical Assistance Advisory Committee within the
department.
(f) Posting of report.--The department shall post the report
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required under subsection (b) on the department's publicly
accessible Internet website in an accessible format.
Section 6. Funding.
Services under this act shall be made available across this
Commonwealth, taking into account the budget constraints and
financial resources available to the Commonwealth and the needs
of individuals with intellectual disabilities or autism. Nothing
under this act shall constitute an entitlement derived from the
Commonwealth or a claim on any funds of the Commonwealth.
Section 7. Choice of care options.
The department shall review the report required under section
5(b) annually and work to identify individuals with intellectual
disabilities or autism on the waiting list or interested in
receiving supports and services through a public intermediate
care facility. The department shall collaborate with county
intellectual disability program administrators to contact
individuals with intellectual disabilities or autism on the
waiting list or their legal guardians to provide the option of
receiving care at a public intermediate care facility or
remaining on the waiting list for home and community-based
waiver enrollment. The department shall disclose to individuals
with intellectual disabilities or autism or their legal
guardians any plans that may result in the change or elimination
of their services.
Section 8. Effective date.
This act shall take effect immediately.
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