PRINTER'S NO. 1243
No. 1000 Session of 1995
INTRODUCED BY MARKOSEK, PETTIT, DeLUCA, COLAIZZO, BUNT, DALEY,
TRELLO, HORSEY, VAN HORNE, YOUNGBLOOD, DERMODY, KAISER,
TRICH, SHANER AND LAUGHLIN, MARCH 13, 1995
REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES,
MARCH 13, 1995
AN ACT
1 Amending the act of October 20, 1966 (3rd Sp.Sess., P.L.96,
2 No.6), entitled "An act relating to mental health and mental
3 retardation; authorizing county programs and amending,
4 revising and changing the laws relating thereto and making an
5 appropriation," providing for a model program that maximizes
6 utilization of the unique competence of Western Center, a
7 State facility for functionally and mentally retarded
8 Pennsylvanians, integrating its multidisciplinary first step
9 habilitation services with those of public and private
10 community service providers, enabling transition,
11 incrementally, to higher levels of independent employment and
12 residential placements for individual Pennsylvanians disabled
13 by retarding developmental disorders, preserving Western
14 Center's extended care and treatment capability for those
15 with most severely incapacitating disabilities and assuring
16 the primary decision-making role of each retarded individual
17 and his family; and making an appropriation.
18 The General Assembly of the Commonwealth of Pennsylvania
19 hereby enacts as follows:
20 Section 1. Section 102 of the act of October 20, 1966 (3rd
21 Sp.Sess., P.L.96, No.6), known as the Mental Health and Mental
22 Retardation Act of 1966, is amended by adding a definition to
23 read:
24 Section 102. Definitions.--As used in this act:
1 * * *
2 "Family" means a parent or both parents, any sibling or any
3 other relative of a specific retarded individual.
4 * * *
5 Section 2. The act is amended by adding a section to read:
6 Section 607. Western Center Model Program.--(a) Admissions
7 shall be reopened at Western Center for those functionally
8 retarded individuals determined by mental health and mental
9 retardation units, and with the approval of the families of
10 these individuals, in the nine counties served by Western
11 Center, to be in need of any or all of the first step
12 habilitation services now provided by Western Center, including,
13 but not limited to, differential diagnostic, medical,
14 nutritional, educational, vocational, social, recreational and
15 other differential habilitative, evaluative, training and
16 treatment initiatives and interventions. Admission shall be
17 transitional, with length of stay determined as a service
18 provided and in relation to the service provided, and shall be
19 in compliance with the admissions and discharge criteria
20 established under this act.
21 (b) Departments of the Commonwealth with duties and
22 responsibilities relevant to ensuring maximum effectiveness of
23 habilitative interventions for functionally retarded
24 Pennsylvanians, including, but not limited to, the Department of
25 Public Welfare, the Department of Education and the Department
26 of Labor and Industry, shall cooperate in implementing existing
27 interdepartmental and interagency agreements directed at
28 providing, for these Pennsylvanians and their families,
29 opportunities for incrementally higher levels of employment and
30 independent living.
19950H1000B1243 - 2 -
1 (c) Consultation and assistance in the conduct of this model
2 or pilot program shall be provided by professionally qualified
3 individuals from advocacy groups, service groups or advocacy and
4 service groups designated by the individual's family as
5 representing the best interests of the retarded individual
6 involved, including, but not limited to, State and local
7 chapters of the Association for Children with Learning
8 Disabilities, the Autism Society of America, United Cerebral
9 Palsy, the Epilepsy Foundation of America, the Easter Seal
10 Society and the Association for Retarded Citizens.
11 (d) In cases where given individuals have failed to achieve
12 desired integrative and habilitative objectives in employment or
13 residential settings outside Western Center, these individuals,
14 with the concurrence of their families and the appropriate
15 mental health/mental retardation unit, may be returned to
16 Western Center for reassessment and additional training, with no
17 restrictions on time of placement or necessity to retrain at
18 Western Center.
19 (e) Monitoring of the effectiveness of this program shall be
20 done under the auspices of the Western Center Board of Trustees,
21 the Western Center Parents Group and nonservice providing
22 advocacy groups, in conjunction with the Mental Health/Mental
23 Retardation Programs of the counties served by Western Center
24 and shall include in the monitoring process any reports from the
25 family of the retarded individual involved if the family chooses
26 to be included in the monitoring process.
27 (f) Concurrent with the preparation of the Western Center
28 facility and staff to expand and fulfill the intake, evaluative,
29 training, development and transitional functions, within the
30 intent of this act, there shall be conducted a survey of those
19950H1000B1243 - 3 -
1 served and to be served, based on the format of the department's
2 Western Region Survey Project of 1974.
3 This survey shall be conducted and completed within six
4 months of the effective date of this act. It shall determine the
5 functional status of approximately six thousand developmentally
6 disabled individuals registered in base service units and also
7 those residing in community living arrangements in the nine
8 counties served by Western Center, as well as those now residing
9 in that facility. These individuals shall be individually
10 assessed as to their present functional abilities to determine
11 what each individual needs in order to achieve or be helped to
12 achieve a higher functional level; the number, type and location
13 of these programs in the community; and the staffing patterns
14 and budget requirements needed for each of these programs. The
15 functional study shall include the family of each individual as
16 the primary source of information. This functional study would
17 provide the necessary short-range and long-range individual
18 habilitation plan blueprint for the future development of each
19 retarded person. Each plan shall require the approval of the
20 retarded individual and the family prior to implementation.
21 This data shall be computerized at the University of
22 Pittsburgh Graduate School of Sociology Research Center, at
23 minimal equipment time cost budgeted for the service. Base
24 Service Unit and Mental Health/Mental Retardation Programs shall
25 relay to this center twice yearly any changes in the functional
26 status of their developmentally disabled clients, enabling
27 parents, professionals and legislators to have current
28 information of the progress of each individual, enabling
29 planning changes on an individual, as well as program basis to
30 be made intelligently.
19950H1000B1243 - 4 -
1 (g) That a House Select Committee be convened to study human
2 services and cost-effectiveness of the implementation of this
3 model State-wide to integrate State facilities and community
4 services for the benefit of functionally retarded Pennsylvanians
5 and their families and the professionals who work with them.
6 Hearings shall be held State-wide at times most convenient for
7 parents, professionals and the functionally retarded persons
8 themselves to present testimony.
9 (h) All current plans and activities to disperse residents
10 from Western Center shall cease immediately as shall all current
11 plans to phase out Western Center or otherwise prevent
12 functionally retarded Pennsylvanians and their families from
13 accessing the multi-disciplinary, first step habilitation
14 services which Western Center provides in line with the mandates
15 of this act.
16 Section 3. The provisions of this act are not intended to
17 exclude other State centers from emulating this model program.
18 Section 4. The sum of $156,000 is hereby appropriated to the
19 Department of Public Welfare to be used to conduct the survey
20 mandated under the addition of section 607(f) of the act.
21 Section 5. This act shall take effect immediately.
C8L50JAM/19950H1000B1243 - 5 -