PRINTER'S NO. 679
No. 577 Session of 2003
INTRODUCED BY FAIRCHILD, EACHUS, HUTCHINSON, PHILLIPS, ADOLPH,
BEBKO-JONES, BELARDI, BELFANTI, BISHOP, BROWNE, BUNT, BUXTON,
CAPPELLI, CAWLEY, CIVERA, CLYMER, CORRIGAN, CRAHALLA,
CREIGHTON, DeLUCA, DeWEESE, FLICK, FRANKEL, FREEMAN, GEIST,
GEORGE, GINGRICH, GODSHALL, GORDNER, GRUCELA, HARHAI, HARPER,
HENNESSEY, HORSEY, JAMES, KELLER, LAUGHLIN, LEDERER, MAHER,
MAITLAND, MAJOR, MANDERINO, MANN, MARKOSEK, McCALL, McGEEHAN,
McILHATTAN, McNAUGHTON, MELIO, R. MILLER, S. MILLER, MUNDY,
MYERS, NAILOR, O'NEILL, PETRARCA, PISTELLA, READSHAW, RUBLEY,
SANTONI, SATHER, SCRIMENTI, SEMMEL, SHANER, SOLOBAY, STABACK,
STERN, T. STEVENSON, STURLA, TANGRETTI, E. Z. TAYLOR, THOMAS,
TIGUE, TRUE, VANCE, VITALI, WALKO, WANSACZ, WASHINGTON,
WATSON, WILT, WOJNAROSKI, YOUNGBLOOD, YUDICHAK, REICHLEY AND
FABRIZIO, MARCH 3, 2003
REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES,
MARCH 3, 2003
AN ACT
1 Establishing a bill of rights for individuals with mental
2 retardation; and conferring powers and duties on the
3 Department of Public Welfare.
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
8 Retardation Bill of Rights Act.
9 Section 2. Findings.
10 The General Assembly finds and declares as follows:
11 (1) Disability is a natural part of the human
12 experience, which does not diminish the right of individuals
1 with mental retardation to:
2 (i) enjoy the opportunity to live, to the extent
3 possible, independently;
4 (ii) make choices;
5 (iii) contribute to society; and
6 (iv) experience full integration and inclusion, to
7 the extent possible, in the economic, political, social,
8 cultural and educational mainstream of society in this
9 Commonwealth.
10 (2) Individuals with mental retardation continually
11 encounter various forms of discrimination in critical areas.
12 (3) There is a lack of public awareness of the
13 capabilities and competencies of individuals with mental
14 retardation.
15 (4) A substantial portion of individuals with mental
16 retardation and their families or legal guardians does not
17 have access to appropriate support and services from generic
18 and specialized service systems and remains unserved or
19 underserved.
20 (5) Communities can be enriched by the full and active
21 participation and the contributions by individuals with
22 mental retardation and their families; and there is a need to
23 ensure that, within this Commonwealth, there is the
24 availability and equitable provision of necessary services
25 for individuals with mental retardation, regardless of
26 religion, race, color, national origin, economic or social
27 status.
28 (6) The long-time commitment of the General Assembly to
29 secure for individuals with mental retardation in partnership
30 with their families or legal guardians the opportunity to
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1 choose where they live is affirmed. Consistent with this
2 commitment, the existence of a complete spectrum of options,
3 including community living arrangements and intermediate care
4 facilities is supported. The choice of service options must
5 be supported by State policy, whether the choice is an
6 intermediate care facility or community living arrangement.
7 The choice of service options is to be ensured to individuals
8 with mental retardation, allowing to the maximum extent
9 possible that they not have to leave their home or community.
10 (7) The respective roles that both intermediate care
11 facilities and community living arrangements play in
12 providing options and resources for people with mental
13 retardation and their families or legal guardians who need
14 services is supported.
15 (8) Services must ensure accountability, credibility,
16 responsiveness and quality assurance, whether the funding is
17 Federal, State, local or community.
18 (9) There are approximately 21,200 individuals in this
19 Commonwealth with mental retardation who are waiting for
20 services and programs. There are over 8,200 people with
21 emergency and critical needs. The waiting list for these
22 persons is expected to grow substantially into the
23 foreseeable future.
24 (10) The Department of Public Welfare needs to develop
25 an adequate plan to address the needs and services for the
26 individuals on the waiting list.
27 (11) For true choice to exist, individuals with mental
28 retardation and their families or legal guardians must be
29 provided with information about their options for services.
30 (12) The goals of the Commonwealth properly include the
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1 goal of providing individuals with mental retardation and
2 their families or legal guardians with the opportunities and
3 support to:
4 (i) Make informed choices and decisions.
5 (ii) Pursue meaningful and, to the extent possible,
6 productive lives.
7 (iii) Live in homes, communities, residences or
8 intermediate care facilities in which such individuals
9 can exercise their full rights and responsibilities as
10 citizens.
11 (iv) To the fullest extent possible, as decided by
12 the individual with mental retardation and the family or
13 legal guardian, achieve full integration and inclusion in
14 society, in an individualized manner, consistent with the
15 unique strengths, resources, priorities, concerns,
16 abilities and capabilities of the individual.
17 (13) The purpose of this act is to reflect the United
18 States Supreme Court decision of Olmstead v. L.C. (No.98-536
19 U.S. 1999); and the Commonwealth desires to assure
20 individuals with mental retardation and their families or
21 legal guardians participation in the design of and access to
22 services, supports and other assistance and opportunities
23 which promote independence, productivity and choice of living
24 arrangement, be it family living, community living or
25 intermediate care facilities.
26 (14) It is the policy of the Commonwealth that all
27 programs, projects and activities operating in this
28 Commonwealth shall be carried out in a manner consistent with
29 the following principles:
30 (i) Most individuals with developmental disabilities
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1 are capable of achieving independence, productivity and
2 integration and inclusion into the community and often
3 require the provision of services, supports and other
4 assistance to achieve independence, productivity and
5 integration and inclusion.
6 (ii) Individuals with mental retardation and their
7 families or legal guardians have competencies,
8 capabilities and personal goals which shall be
9 recognized, supported and encouraged; and any assistance
10 to such individuals shall be provided in an
11 individualized manner, consistent with the unique
12 strengths, resources, priorities, concerns, abilities and
13 capabilities of the individuals.
14 (iii) Individuals with mental retardation and their
15 families or legal guardians are the primary decision
16 makers regarding the services and supports such
17 individuals and their families receive and play
18 significant decision making roles in policies and
19 programs which affect the lives of such individuals and
20 their families.
21 (iv) Individuals with mental retardation and their
22 families or legal guardians have varying goals and needs,
23 and, therefore, this act should not support one specific
24 service system or setting over another.
25 (v) The Commonwealth shall, within budgetary
26 accountability, provide services, supports and other
27 assistance which demonstrate respect for individual
28 dignity, personal preference and cultural difference.
29 Section 3. Definitions.
30 The following words and phrases when used in this act shall
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1 have the meanings given to them in this section unless the
2 context clearly indicates otherwise:
3 "Department." The Department of Public Welfare of the
4 Commonwealth.
5 "Intermediate care facility." A State-operated or non-State-
6 operated facility, licensed by the Department of Public Welfare
7 in accordance with 55 Pa. Code Ch. 6600 (relating to
8 intermediate care facilities for the mentally retarded), which
9 provides a level of care specially designed to meet the needs of
10 persons who are mentally retarded, or persons with related
11 conditions, who require specialized health and rehabilitative
12 services that are active treatment.
13 Section 4. Choice.
14 (a) Community-based treatment.--The Commonwealth is required
15 to provide community-based treatment for an individual with
16 mental retardation if all of the following apply:
17 (1) The Commonwealth's treatment professionals determine
18 that such placement is appropriate.
19 (2) The affected individual does not oppose such
20 treatment.
21 (3) The placement can be reasonably accommodated, taking
22 into account the resources available to the Commonwealth and
23 the needs of others with mental disabilities.
24 (b) Vacancies.--Subject to subsection (c), if there is a
25 vacancy in an intermediate care facility, the department shall
26 allow admittance to the intermediate care facility to an adult
27 or adolescent with mental retardation on a case-by-case basis if
28 the individual's assessed needs require the funded level of
29 resources which are provided by the intermediate care facility.
30 (c) Community living arrangement.--The department shall not
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1 offer an individual admittance to an intermediate care facility
2 under subsection (b) unless the department also offers the
3 individual a choice of community living arrangements and
4 appropriate community support services.
5 (d) Family.--Unless an individual determines otherwise,
6 family members and legal guardians shall be involved in meetings
7 regarding placement of an individual into an intermediate care
8 facility, a community living arrangement, family living or a
9 personal care home.
10 (e) Contact.--Nothing shall prohibit an individual with
11 mental retardation from maintaining contact with their family
12 and friends at an intermediate care facility, a community living
13 arrangement or a day program.
14 (f) Complaints.--An individual, a family member or a legal
15 guardian who believes that the needs as detailed in the
16 individualized program plan are not being met may provide the
17 county a letter expressing concerns. The county shall, within 30
18 days, address the concerns and, if necessary, take corrective
19 action or offer additional choices, which shall include an
20 intermediate transfer to a different community living
21 arrangement or an intermediate care facility.
22 Section 5. Waiting list program.
23 (a) Outreach.--Within 180 days of the effective date of this
24 section, the department shall develop an outreach program to
25 ensure that eligible individuals with mental retardation who are
26 receiving services in homes, the community or intermediate care
27 facilities and who are on a waiting list will be made aware of
28 these services.
29 (b) Waiting list plan.--Within 180 days of the effective
30 date of this section, the department shall develop and submit to
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1 the Governor, the General Assembly and the county mental
2 retardation program administrators, a plan to eliminate by the
3 year 2007 the current and future waiting list for individuals
4 with mental retardation, who are in need of existing residential
5 programs, including skilled nursing homes, intermediate care
6 facilities, domiciliary care homes, adult foster care homes,
7 community living arrangements for the mentally retarded and
8 group homes for the mentally ill.
9 (c) Contents of plan.--The plan required by subsection (b)
10 shall include:
11 (1) Statistical information on the current and projected
12 annual increase in the waiting list on a county basis. The
13 department shall develop a Statewide standardized form to
14 collect the information from the counties.
15 (2) Identification of the source and amount of the
16 capital funds necessary to eliminate the current waiting list
17 in each county by the year 2007 and the projected annual
18 waiting list in each annual plan update.
19 (3) Financial information on the amount of additional
20 Federal, State or other funds in each county which may be
21 required annually for the operational costs associated with
22 the elimination of the waiting list in each county by the
23 year 2007 and the projected annual waiting list in each
24 annual plan update.
25 (d) Public hearings and comment.--In the development of the
26 plan required by subsection (b), the department shall conduct
27 public hearings and obtain public comment from individuals with
28 mental retardation, their families and guardians and providers
29 of services to the mental retardation community.
30 (e) Annual submission of updated plan.--The department shall
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1 update the statistical and financial data to the plan required
2 by subsection (b) annually and submit the updated plan to the
3 Governor, General Assembly and the county mental retardation
4 program administrators by December 31, beginning December 31,
5 2003.
6 Section 6. Funding.
7 It is the intent of the General Assembly that services under
8 this act shall be made available across this Commonwealth,
9 taking into account the resources available to the Commonwealth
10 and the needs of others with mental disabilities.
11 Section 7. Effective date.
12 This act shall take effect in 60 days.
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