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A04054
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
906
Session of
2019
INTRODUCED BY YUDICHAK, BAKER, BROOKS, HUTCHINSON, PITTMAN,
GORDNER, J. WARD, TARTAGLIONE, BLAKE AND STEFANO,
OCTOBER 18, 2019
AS AMENDED ON SECOND CONSIDERATION, OCTOBER 28, 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 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 Facility CENTER Closure Moratorium.--
(a) No State facility 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. 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
CENTERS and provide recommendations to the department prior to
the closure of one or more State facilities CENTERS .
(c) The task force shall be comprised of the following
members:
(1) The secretary or a designee .
(2) One representative from each State facility CENTER ,
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which may include, but is not limited to, direct care providers
or administrative staff members, to be appointed by each
facility 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 facilities
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
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 facility CENTER and their
families.
(2) Employes, both union and nonunion.
(3) The local economy in which the State facility CENTER is
located.
(4) Readiness of provider agencies in each region to expand
the community-based residential infrastructure to support
residents leaving State facilities CENTERS .
(e) If a State facility CENTER is deemed eligible for
closure by way of a majority vote taken by the task force, the
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department shall prepare a plan for the closure of the State
facility CENTER and the transition of individuals with
intellectual disabilities receiving care in the State facility
CENTER to a home or community-based support system. The plan
shall include all of the following:
(1) An assessment of the State facility CENTER , including:
(i) A certified independent appraisal of the State facility
CENTER property.
(ii) A report of the State employes employed at the State
facility 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 facility CENTER .
(iii) A detailed report of the services provided at the
State facility CENTER by contracted third-party vendors.
(iv) An inventory of assets located at and improvements on
the State facility CENTER .
(v) A report of all electric, utility, water, landscaping,
snow removal and maintenance costs of the State facility CENTER .
(vi) Geospatial images of the State facility CENTER .
(vii) A detailed description of the existence, ownership
rights and appraised value of any mineral rights on the State
facility 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 facility CENTER ,
for the transition to a home and community-based support system
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for all of the individuals with intellectual disabilities living
at the State facility CENTER . Information required under this
clause shall specify the critical milestones in the closure
process for the State facility CENTER and the department's
planned course of action to effectuate the closure of the State
facility CENTER , including available and necessary resources.
(3) The home and community-based support providers available
in the immediate geographic area surrounding the State facility
CENTER .
(4) The process the department will utilize at each State
facility CENTER to transition individuals with intellectual
disabilities supported at each State facility CENTER to a home
and community-based support system as provided under this
section.
(5) The process the department will utilize at the State
facility CENTER to close buildings and reassign staff when
individuals with intellectual disabilities are transitioning
from State facilities 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 facility 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).
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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