PRINTER'S NO. 816
No. 732 Session of 2001
INTRODUCED BY FAIRCHILD, MARKOSEK, HUTCHINSON, EACHUS, PHILLIPS,
BELFANTI, ADOLPH, ALLEN, ARGALL, M. BAKER, BARD, BARLEY,
BASTIAN, BEBKO-JONES, BELARDI, BENNINGHOFF, BIRMELIN, BISHOP,
BLAUM, BOYES, BROWNE, BUNT, BUXTON, CALTAGIRONE, CAPPABIANCA,
CAPPELLI, CASORIO, CAWLEY, CIVERA, CLARK, CLYMER,
L. I. COHEN, M. COHEN, COLAFELLA, CORNELL, CORRIGAN, COSTA,
COY, CRUZ, DAILEY, DALEY, DALLY, DeLUCA, DERMODY, DeWEESE,
DiGIROLAMO, DIVEN, EGOLF, D. EVANS, J. EVANS, FEESE, FICHTER,
FLEAGLE, FLICK, FORCIER, FRANKEL, FREEMAN, GEIST, GEORGE,
GORDNER, GRUCELA, GRUITZA, HABAY, HALUSKA, HANNA, HARHAI,
HASAY, HENNESSEY, HERMAN, HERSHEY, HESS, HORSEY, JADLOWIEC,
JAMES, KAISER, KELLER, KIRKLAND, KREBS, LaGROTTA, LAUGHLIN,
LAWLESS, LEDERER, LEH, LESCOVITZ, LEWIS, LUCYK, LYNCH,
MACKERETH, MAHER, MAITLAND, MAJOR, MANN, MARSICO, MAYERNIK,
McCALL, McGEEHAN, McILHATTAN, McNAUGHTON, MELIO, METCALFE,
MICHLOVIC, MICOZZIE, R. MILLER, S. MILLER, MUNDY, NAILOR,
OLIVER, ORIE, PERZEL, PETRARCA, PETRONE, PIPPY, PISTELLA,
RAYMOND, READSHAW, ROBINSON, ROHRER, ROONEY, RUBLEY, RUFFING,
RYAN, SAINATO, SANTONI, SATHER, SAYLOR, SCHULER, SCRIMENTI,
SEMMEL, SHANER, B. SMITH, S. H. SMITH, SOLOBAY, STABACK,
STEELMAN, STERN, R. STEVENSON, T. STEVENSON, STURLA, SURRA,
TANGRETTI, E. Z. TAYLOR, J. TAYLOR, THOMAS, TIGUE, TRAVAGLIO,
TRELLO, TRICH, TULLI, VANCE, VEON, WALKO, WANSACZ,
WASHINGTON, WATERS, WATSON, C. WILLIAMS, J. WILLIAMS, WILT,
WOGAN, WOJNAROSKI, YEWCIC, YOUNGBLOOD, YUDICHAK, ZIMMERMAN,
ZUG AND STAIRS, FEBRUARY 14, 2001
REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 14, 2001
AN ACT
1 Regulating the closure of State-operated mental health
2 facilities; and providing remedies.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the Mental Health
1 Facility Closure Act.
2 Section 2. Definitions.
3 The following words and phrases when used in this act shall
4 have the meanings given to them in this section unless the
5 context clearly indicates otherwise:
6 "Department." The Department of Public Welfare of the
7 Commonwealth.
8 "Facility." Each of the following mental retardation centers
9 or State mental hospitals:
10 (1) Allentown State Hospital in Lehigh County.
11 (2) Altoona Center in Blair County.
12 (3) Clarks Summit State Hospital in Lackawanna County.
13 (4) Danville State Hospital in Montour County.
14 (5) Ebensburg Center in Cambria County.
15 (6) Harrisburg State Hospital in Dauphin County.
16 (7) Hamburg Center in Berks County.
17 (8) Mayview Mental Retardation Unit in Allegheny County.
18 (9) Mayview State Hospital in Allegheny County.
19 (10) Norristown State Hospital in Montgomery County.
20 (11) Polk Center in Venango County.
21 (12) Selinsgrove Center in Snyder County.
22 (13) Torrance State Hospital in Westmoreland County.
23 (14) Warren State Hospital in Warren County.
24 (15) Wernersville State Hospital in Berks County.
25 (16) White Haven Center in Luzerne County.
26 "Patient." An individual who:
27 (1) has been diagnosed with mental retardation or
28 another developmental disability; and
29 (2) resides at a facility.
30 Section 3. Restrictions.
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1 (a) Prohibition.--The department may not close a facility
2 unless one of the following applies:
3 (1) Enabling legislation is enacted under the procedure
4 set forth in section 4(a).
5 (2) A court order is obtained under section 4(b) and a
6 public hearing is held pursuant to section 4(c).
7 (b) Remedy.--
8 (1) Violation of subsection (a) or (c) shall give rise
9 to a cause of action against the department by any of the
10 following:
11 (i) A patient of the subject facility.
12 (ii) A family member or legal guardian responsible
13 for the care of a patient of the subject facility.
14 (2) In an action under paragraph (1) the plaintiff may
15 recover actual damages, court costs and reasonable attorney
16 fees.
17 (c) Sovereign immunity.--Notwithstanding 42 Pa.C.S. Ch. 85
18 Subch. B (relating to actions against Commonwealth parties), the
19 General Assembly, pursuant to section 11 of Article 1 of the
20 Constitution of Pennsylvania, waives sovereign immunity as a bar
21 to an action under subsection (b).
22 Section 4. Procedure.
23 (a) Legislation.--If the department proposes to close a
24 facility, at least 60 days prior to the beginning of a session
25 of the General Assembly, the department shall do all of the
26 following:
27 (1) Hold a public hearing in compliance with subsection
28 (c).
29 (2) Provide written notice, by registered mail, of its
30 proposal to all of the following:
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1 (i) Each patient of the facility.
2 (ii) The family member or legal guardian responsible
3 for the care of each patient under subparagraph (i).
4 (3) Notify in writing:
5 (i) The Public Health and Welfare Committee and the
6 State Government Committee of the Senate.
7 (ii) The Health and Human Services Committee and
8 the State Government Committee of the House of
9 Representatives.
10 (4) Announce its intention to propose legislation to
11 effect the result proposed by the department.
12 (b) Judicial action.--The department may close a facility
13 under a court order obtained in accordance with the following:
14 (1) The department must petition the court of common
15 pleas of the judicial district in which the facility is
16 located.
17 (2) The petition must list as respondents all of the
18 following:
19 (i) Each patient of the facility.
20 (ii) A family member or legal guardian responsible
21 for the care of each patient under subparagraph (i).
22 (3) The department must prove, by a preponderance of the
23 evidence, that a health or safety emergency exists at the
24 facility.
25 (4) The court may consider the following evidence:
26 (i) Estimated time lines for the department's
27 action.
28 (ii) The type and array of available and accessible
29 community-based services for residents of the facility
30 and family members.
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1 (iii) The rights of patients.
2 (iv) The process used to develop community-living
3 plans.
4 (v) Individual and community monitoring and
5 safeguards to protect health and safety.
6 (vi) Responsibilities of State and local government.
7 (vii) The process used to transfer ownership or to
8 reuse the property.
9 (viii) The contents of transcripts of the public
10 hearing held pursuant to subsection (c).
11 (ix) Other issues raised by the petitioner or the
12 respondents.
13 (c) Public hearing.--
14 (1) Within 30 days after the department has decided to
15 seek judicial action for the closure of a facility, the
16 department shall hold a public hearing in the county where
17 the facility is located.
18 (2) The hearing shall be announced in a paper of general
19 circulation on two consecutive days at least 15 days prior to
20 the hearing.
21 (3) The department shall have the hearing transcribed.
22 (4) The hearing under paragraph (1) shall consider each
23 of the following subjects:
24 (i) Types and array of available services for
25 individuals with disabilities and their families.
26 (ii) Rights of individuals with disabilities and
27 their families.
28 (iii) Process used to develop a community living
29 plan.
30 (iv) Individual and community monitoring and
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1 safeguards to protect health and safety.
2 Section 5. Confidentiality.
3 The department may not release or discuss personal
4 information at any hearing relating to an individual resident or
5 patient, family member or employee of a facility. Personal
6 information shall include names, addresses, county of residence,
7 treatment or service plan or other similar information.
8 Section 6. Patients.
9 Nothing in this act shall prevent a patient from entering or
10 leaving a facility in accordance with law.
11 Section 7. Applicability.
12 The fact that the department has announced plans to close a
13 facility prior to the effective date of this act shall not
14 affect the applicability of this act to the facility.
15 Section 8. Effective date.
16 This act shall take effect immediately.
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