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PRINTER'S NO. 2681
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1918
Session of
2019
INTRODUCED BY MULLERY, TOOHIL, JAMES, LONGIETTI, METCALFE,
OWLETT, KOSIEROWSKI, T. DAVIS, MIZGORSKI, SAINATO,
OBERLANDER, MILLARD, HEFFLEY, MURT, KAUFER, READSHAW,
WENTLING, BURNS, HARKINS, DiGIROLAMO, PASHINSKI, CAUSER,
JONES, NESBIT, KINSEY, HILL-EVANS, BIZZARRO, STRUZZI,
McNEILL, RAPP, SCHWEYER, ULLMAN, BROWN, MADDEN AND MUSTELLO,
OCTOBER 15, 2019
REFERRED TO COMMITTEE ON HEALTH, OCTOBER 15, 2019
AN ACT
Amending the act of October 20, 1966 (3rd Sp.Sess., P.L.96,
No.6), entitled "An act relating to mental health and
intellectual disability; authorizing county programs and
amending, revising and changing the laws relating thereto and
making an appropriation," in preliminary provisions, further
providing for definitions; and, in responsibilities of the
State, providing for State facility closure moratorium.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "department" and "secretary"
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, are amended to read:
Section 102. Definitions.--As used in this act:
* * *
"Department" means the Department of [Public Welfare] Human
Services.
* * *
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"Secretary" means the Secretary of [Public Welfare] Human
Services.
* * *
Section 2. The act is amended by adding a section to read:
Section 202.1. State Facility Closure Moratorium.--(a) No
State facility shall close until all Medicaid waiver-eligible
individuals in this Commonwealth are authorized to begin
receiving home and community-based services furnished under a
waiver granted pursuant to section 1915(c)(1) of the Social
Security Act (49 Stat. 620, 42 U.S.C. ยง 1396n(c)(1)).
(b) When all Medicaid waiver-eligible individuals have
received authorization under subsection (a), the department
shall transmit notice of that fact to the Legislative Reference
Bureau for publication in the Pennsylvania Bulletin. Upon
publication of the notice, the Task Force on the Closure of
State Centers is established within the department. Within sixty
days of publication of the notice, the secretary shall convene
an initial meeting of the task force. The task force shall
perform a comprehensive evaluation of the State facilities and
provide recommendations to the department prior to the closure
of one or more State facilities.
(c) The task force shall be comprised of the following
members:
(1) The secretary.
(2) One representative from each State facility, which may
include, but is not limited to, direct care providers or
administrative staff members, to be appointed by each facility
director.
(3) One representative from the Governor's office.
(4) The chair and the minority chair of the Health and Human
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Services Committee of the Senate.
(5) The chair and the minority chair of the Human Services
Committee of the House of Representatives.
(6) Two family members of residents of State facilities, to
be appointed by the secretary.
(7) One representative of a nonprofit organization which
serves as an advocate for those with intellectual disabilities,
to be appointed by the secretary.
(d) The task force shall meet biweekly to evaluate the
impact of a closure in all of the following areas:
(1) Residents of the State facility and their families.
(2) Employes, both union and nonunion.
(3) The local economy in which the State facility is
located.
(4) Readiness of provider agencies in each region to expand
the community-based residential infrastructure to support
residents leaving State facilities.
(e) If a State facility is deemed eligible for closure by
way of a majority vote taken by the task force, the department
shall prepare a plan for the closure of the State facility and
the transition of individuals with intellectual disabilities
receiving care in the State facility to a home or community-
based support system. The plan shall include all of the
following:
(1) An assessment of the State facility, including:
(i) A certified independent appraisal of the State facility
property.
(ii) A report of the State employes employed at the State
facility, both full time and part time, including the total
number of employes, the cost of the total wages and total
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benefits paid to the employes and an organizational flow chart
of employes working at the State facility.
(iii) A detailed report of the services provided at the
State facility by contracted third-party vendors.
(iv) An inventory of assets located at and improvements on
the State facility.
(v) A report of all electric, utility, water, landscaping,
snow removal and maintenance costs of the State facility.
(vi) Geospatial images of the State facility.
(vii) A detailed description of the existence, ownership
rights and appraised value of any mineral rights on the State
facility property.
(viii) A historical report of the institutional property,
including the date it was acquired or constructed, the dates of
any improvements on the property, any changes in property
records, such as subdivision of the property, historical
employment or complement levels and other historical data.
(2) The timeline, specific to each State facility, for the
transition to a home and community-based support system for all
of the individuals with intellectual disabilities living at the
State facility. Information required under this clause shall
specify the critical milestones in the closure process for the
State facility and the department's planned course of action to
effectuate the closure of the State facility, including
available and necessary resources.
(3) The home and community-based support providers available
in the immediate geographic area surrounding the State facility.
(4) The process the department will utilize at each State
facility to transition individuals with intellectual
disabilities supported at each State facility to a home and
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community-based support system as provided under this section.
(5) The process the department will utilize at the State
facility to close buildings and reassign staff when individuals
with intellectual disabilities are transitioning from State
facilities to a home and community-based support system.
(6) Any other information deemed appropriate by the
department as part of the plan.
(f) A State facility subject to closure must continue to
operate with the level of staff necessary until all residents
have been transitioned into home or community-based services.
(g) As used in this section, the term "task force" means the
Task Force on the Closure of State Centers established in
accordance with subsection (b).
Section 3. The addition of section 202.1 of the act shall
apply to closures made after October 1, 2019.
Section 4. This act shall take effect immediately.
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