PRINTER'S NO. 595
No. 548 Session of 1999
INTRODUCED BY STOUT, HELFRICK, SALVATORE, TARTAGLIONE, BELAN,
STAPLETON, KUKOVICH, O'PAKE, MADIGAN, BODACK, MELLOW,
RHOADES, SCHWARTZ, GERLACH, COSTA, SLOCUM, BOSCOLA, WHITE,
KASUNIC, MUSTO, TOMLINSON AND BRIGHTBILL, MARCH 12, 1999
REFERRED TO STATE GOVERNMENT, MARCH 12, 1999
AN ACT
1 Requiring public hearings before closing State mental health or
2 mental retardation facilities.
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
7 or Mental Retardation Facility Closure Act.
8 Section 2. Definitions.
9 The following words and phrases when used in this act shall
10 have the meanings given to them in this section unless the
11 context clearly indicates otherwise:
12 "Decision." A decision to close or transfer operational
13 control of a facility or to allow a resident/patient census
14 reduction or staff complement reduction of 25% or more at a
15 facility.
16 "Department." The Department of Public Welfare of the
17 Commonwealth.
1 "Facility." A State-operated mental health or mental
2 retardation facility.
3 Section 3. Public hearing.
4 (a) Requirement.--Within 30 days after the department
5 announces a decision, the department must hold a public hearing
6 in the county where the facility is located.
7 (b) Subjects.--The hearing under subsection (a) must
8 consider each of the following subjects which is relevant to the
9 decision:
10 (1) Estimated timelines for the implementation of the
11 decision.
12 (2) Types and array of available services for
13 individuals with disabilities and their families.
14 (3) Rights of individuals with disabilities and their
15 families.
16 (4) Process used to develop a community living plan.
17 (5) Individual and community monitoring and safeguards
18 to protect health and safety.
19 (6) Responsibilities of State and local government.
20 (7) Process used to transfer ownership or reuse
21 property.
22 (8) Other issues identified by the department which may
23 affect individuals with disabilities and their families,
24 employees and the community.
25 Section 4. Noncompliance.
26 If the department does not hold the hearing required under
27 section 3, the department shall not implement a decision.
28 Section 5. Applicability.
29 This act shall apply to decisions made after December 31,
30 1997. For the purposes of this section, the Department of Public
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1 Welfare shall have 60 days from the effective date of this act
2 to comply with section 3.
3 Section 6. Effective date.
4 This act shall take effect immediately.
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