PRINTER'S NO. 326
No. 319 Session of 1999
INTRODUCED BY FAIRCHILD, MARKOSEK, HUTCHINSON, EACHUS, WILT,
PHILLIPS, BELFANTI, ALLEN, ARGALL, ARMSTRONG, BAKER, BEBKO-
JONES, BELARDI, BENNINGHOFF, BIRMELIN, BROWNE, BUXTON,
CALTAGIRONE, CAPPABIANCA, CASORIO, CAWLEY, CIVERA, CLARK,
L. I. COHEN, M. COHEN, CORRIGAN, COSTA, COY, DeLUCA,
DiGIROLAMO, EGOLF, FARGO, FEESE, FICHTER, FLEAGLE, FRANKEL,
GEORGE, GIGLIOTTI, GODSHALL, GORDNER, GRUCELA, GRUITZA,
HALUSKA, HANNA, HARHAI, HASAY, HENNESSEY, HERMAN, HESS,
JADLOWIEC, KAISER, KELLER, LAUGHLIN, LEDERER, LESCOVITZ,
LYNCH, MAHER, MAITLAND, MARSICO, MASLAND, MAYERNIK, McCALL,
McNAUGHTON, MELIO, MICHLOVIC, MICOZZIE, S. MILLER, NAILOR,
OLIVER, ORIE, PESCI, PETRARCA, PLATTS, PRESTON, RAMOS,
RAYMOND, READSHAW, ROBERTS, RUBLEY, SAINATO, SATHER, SAYLOR,
SCRIMENTI, SEMMEL, SERAFINI, SEYFERT, SHANER, S. H. SMITH,
D. W. SNYDER, SOLOBAY, STABACK, STAIRS, STEELMAN, STERN,
STEVENSON, STURLA, SURRA, TANGRETTI, E. Z. TAYLOR, THOMAS,
TIGUE, TRAVAGLIO, TRELLO, TRICH, TRUE, VAN HORNE, VANCE,
WALKO, C. WILLIAMS, WOGAN, WOJNAROSKI, YEWCIC, YOUNGBLOOD,
YUDICHAK, ZIMMERMAN, BUNT, FREEMAN AND ROEBUCK,
FEBRUARY 3, 1999
REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES,
FEBRUARY 3, 1999
AN ACT
1 Requiring public hearings before closing State mental health or
2 mental retardation facilities.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the Mental Health
7 or Mental Retardation Facility Closure Act.
8 Section 2. Definitions.
1 The following words and phrases when used in this act shall
2 have the meanings given to them in this section unless the
3 context clearly indicates otherwise:
4 "Closure." A decision to close or transfer operational
5 control of a facility.
6 "Department." The Department of Public Welfare of the
7 Commonwealth.
8 "Facility." A State-operated mental health or mental
9 retardation facility.
10 "Reduction." A reduction or decrease in resident/patient
11 census or staff complement of 20%.
12 Section 3. Public hearing.
13 (a) Requirement.--Within 30 days after a closure
14 announcement or reduction the department must hold a public
15 hearing in the county where the facility is located. In the case
16 of a closure, the hearing shall be held within 30 days after the
17 department announces a decision to close a facility. In the case
18 of a reduction, the hearing shall be held within 30 days after
19 the resident/patient census or staff reduction of 20% has
20 occurred. Nothing in this act shall require the department to
21 hold additional hearings regarding further reductions at the
22 same facility.
23 (b) Subjects.--The hearing under subsection (a) must
24 consider each of the following subjects which is relevant to the
25 closure or reduction:
26 (1) Estimated timelines for the implementation of the
27 closure or reduction.
28 (2) Types and array of available services for
29 individuals with disabilities and their families.
30 (3) Rights of individuals with disabilities and their
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1 families.
2 (4) Process used to develop a community living plan.
3 (5) Individual and community monitoring and safeguards
4 to protect health and safety.
5 (6) Responsibilities of State and local government.
6 (7) Process used to transfer ownership or reuse
7 property.
8 (8) Other issues identified by the department which may
9 affect individuals with disabilities and their families,
10 employees and the community.
11 Section 4. Noncompliance.
12 If the department does not hold the hearing required under
13 section 3, the department shall not implement closure of a
14 facility or a plan for additional reductions.
15 Section 5. Confidentiality.
16 The department shall not release or discuss personal
17 information at any hearing relating to an individual
18 resident/patient, family member or employee of a facility.
19 Personal information shall include names, addresses, county of
20 residence, treatment or service plan or other similar
21 information.
22 Section 6. Applicability.
23 (a) Closures and reductions.--This act shall apply to
24 closures or reductions made after December 31, 1997. For the
25 purposes of this section, the department shall have 30 days from
26 the effective date of this act to comply with section 3.
27 (b) Residents.--Nothing in this act shall prevent or
28 obstruct a resident/patient from exercising his or her lawful
29 ability to enter or leave a facility at any time.
30 Section 7. Effective date.
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1 This act shall take effect in 30 days.
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