HOUSE AMENDED
PRIOR PRINTER'S NOS. 1259, 1287, 1327,
1435
PRINTER'S NO. 1447
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
906
Session of
2019
INTRODUCED BY YUDICHAK, BAKER, BROOKS, HUTCHINSON, PITTMAN,
GORDNER, J. WARD, BLAKE, STEFANO AND LEACH, OCTOBER 18, 2019
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
JANUARY 14, 2020
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 center 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 and the section is amended
by adding a definition 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.
* * *
"State center" means a State operated facility, licensed by
the department, to provide a level of care specially designed to
meet the needs of persons who have an intellectual disability or
persons with related conditions who require specialized health
and rehabilitative services.
Section 2. The act is amended by adding a section to read:
Section 202.1. State Center Closure Moratorium.--(a) No
State center 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. § 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 centers and
provide recommendations to the department prior to the closure
of one or more State centers. THE TASK FORCE ON THE CLOSURE OF
STATE CENTERS IS ESTABLISHED WITHIN THE DEPARTMENT. WITHIN SIXTY
DAYS OF THE EFFECTIVE DATE OF THIS SECTION, THE SECRETARY SHALL
CONVENE AN INITIAL MEETING OF THE TASK FORCE. THE TASK FORCE
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SHALL PERFORM A COMPREHENSIVE EVALUATION OF THE STATE CENTERS
AND PROVIDE RECOMMENDATIONS TO THE DEPARTMENT PRIOR TO THE
CLOSURE OF ONE OR MORE STATE CENTERS.
(B) NO STATE CENTER SHALL CLOSE UNTIL THE TASK FORCE
COMPLETES THE COMPREHENSIVE EVALUATION OF THE STATE CENTER AND
PROVIDES RECOMMENDATIONS TO THE DEPARTMENT UNDER SUBSECTION (A),
THE STATE CENTER IS DEEMED ELIGIBLE FOR CLOSURE AND THE PLAN
UNDER SUBSECTION (E) IS APPROVED BY WAY OF A MAJORITY VOTE OF
THE TASK FORCE AND FIVE YEARS HAVE ELAPSED SINCE THE EFFECTIVE
DATE OF THIS SECTION.
(c) The task force shall be comprised of the following
members:
(1) The secretary or a designee .
(2) One representative from each State center , which may
include, but is not limited to, direct care providers or
administrative staff members, to be appointed by each center
director.
(3) One representative from the Governor's office.
(4) The chair and the minority chair of the Health and Human
Services Committee of the Senate or their designees .
(5) The chair and the minority chair of the Human Services
HEALTH Committee of the House of Representatives or their
designees .
(6) Two family members of residents of State centers , 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.
(8) One physician, psychiatrist or psychologist with
experience providing services to individuals with intellectual
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disabilities to be appointed by the secretary in consultation
with the representatives appointed under paragraph (2).
(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 center and their families.
(2) Employes, both union and nonunion.
(3) The local economy in which the State center is located.
(4) Readiness of provider agencies in each region to expand
the community-based residential infrastructure to support
residents leaving State centers .
(e) If a State center 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 center and the
transition of individuals with intellectual disabilities
receiving care in the State center to a home or community-based
support system. UPON APPROVAL OF THE PLAN BY WAY OF A MAJORITY
VOTE OF THE TASK FORCE, THE DEPARTMENT SHALL MAKE THE PLAN
AVAILABLE TO THE PUBLIC AND TAKE ANY ACTION NECESSARY TO
COMMENCE THE PROCESS OF CLOSING THE STATE CENTER. The plan shall
include all of the following:
(1) An assessment of the State center , including:
(i) A certified independent appraisal of the State center
property.
(ii) A report of the State employes employed at the State
center , both full time and part time, including the total number
of employes, the cost of the total wages and total benefits paid
to the employes and an organizational flow chart of employes
working at the State center .
(iii) A detailed report of the services provided at the
State center by contracted third-party vendors.
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(iv) An inventory of assets located at and improvements on
the State center .
(v) A report of all electric, utility, water, landscaping,
snow removal and maintenance costs of the State center .
(vi) Geospatial images of the State center .
(vii) A detailed description of the existence, ownership
rights and appraised value of any mineral rights on the State
center 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 center , for the
transition to a home and community-based support system for all
of the individuals with intellectual disabilities living at the
State center . Information required under this clause shall
specify the critical milestones in the closure process for the
State center and the department's planned course of action to
effectuate the closure of the State center , including available
and necessary resources.
(3) The home and community-based support providers available
in the immediate geographic area surrounding the State center .
(4) The process the department will utilize at each State
center to transition individuals with intellectual disabilities
supported at each State center to a home and community-based
support system as provided under this section.
(5) The process the department will utilize at the State
center to close buildings and reassign staff when individuals
with intellectual disabilities are transitioning from State
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centers 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 center 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) (A) .
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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