PRINTER'S NO. 124
No. 141 Session of 2001
INTRODUCED BY ORIE, BUXTON, DeWEESE, LAUGHLIN, CORRIGAN,
YOUNGBLOOD, CAPPELLI, PHILLIPS, GRUCELA, HERSHEY, DALEY,
STABACK, MANDERINO, YUDICHAK, PRESTON, BEBKO-JONES, BELARDI,
FRANKEL, FAIRCHILD, DeLUCA, MUNDY, E. Z. TAYLOR, SURRA,
SOLOBAY, CURRY, DAILEY, WANSACZ, KENNEY, McNAUGHTON, CIVERA,
WASHINGTON, T. STEVENSON, C. WILLIAMS, PISTELLA, L. I. COHEN,
JOSEPHS, MICHLOVIC, PETRARCA, WOJNAROSKI AND KAISER,
JANUARY 23, 2001
REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES,
JANUARY 23, 2001
AN ACT
1 Establishing a minimum annual wage for certain full-time direct
2 care employees of publicly funded mental health and mental
3 retardation programs; and making an appropriation.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Short title.
7 This act shall be known and may be cited as the Mental Health
8 and Mental Retardation Direct Care Workers' Minimum Salary Act.
9 Section 2. Legislative findings.
10 The General Assembly finds as follows:
11 (1) The average salary levels for many direct care
12 workers in publicly funded mental health and mental
13 retardation programs are less than the poverty level for a
14 family of four which is $15,854 per year.
15 (2) Low salaries in these programs have contributed to
1 an unacceptably high turnover rate of staff.
2 (3) Staff turnover in mental health and mental
3 retardation programs has resulted in an inefficient use of
4 funding for recruiting, training and supervising new
5 employees.
6 (4) Staff turnover in mental health and mental
7 retardation programs is destructive to the quality of care by
8 causing interruption in the consumer's progress in therapy or
9 habilitation.
10 Section 3. Definitions.
11 The following words and phrases when used in this act shall
12 have the meanings given to them in this section unless the
13 context clearly indicates otherwise:
14 "Consumer." An individual diagnosed as having mental illness
15 or mental retardation who receives services from publicly funded
16 mental health or mental retardation programs.
17 "Direct care worker." An employee who is paid for services
18 and provides direct personal contact with and supervision of
19 persons diagnosed as having mental illness or mental
20 retardation.
21 "Publicly funded program." A federally funded, State-funded
22 or county-funded program serving, in a residential or
23 nonresidential setting, individuals who are diagnosed as having
24 mental illness or mental retardation and who are referred by a
25 base service unit.
26 Section 4. Exclusions.
27 This act does not apply to direct care workers who are
28 employed by the Commonwealth and work at State-operated
29 hospitals and centers.
30 Section 5. Limitations for public funding.
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1 As a condition for receipt of public funds, publicly funded
2 programs or agencies shall certify that all direct care workers
3 are paid based on a minimum entry-level annual wage of $18,000
4 or $8.65 per hour.
5 Section 6. Appropriation.
6 The annual appropriation to the Department of Public Welfare
7 to fund community services for persons diagnosed as having
8 mental illness and mental retardation shall include a percentage
9 increase for the wages of direct care workers that shall raise
10 the annual wage based on an entry-level wage of $18,000 per year
11 or $8.65 per hour. The increases for direct care workers shall
12 be in addition to any increases that are attributable to other
13 factors, including general cost-of-living increases for
14 community services. The department shall receive certification
15 from the provider agency that any increase appropriated pursuant
16 to this section shall be utilized in its entirety to provide
17 wage increases to direct care workers. The sum as determined
18 necessary to achieve this wage is hereby appropriated to the
19 Department of Public Welfare to carry out the provisions of this
20 act.
21 Section 7. Effective date.
22 This act shall take effect in 60 days.
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