SENATE AMENDED
PRIOR PRINTER'S NOS. 2386, 3214, 3725 PRINTER'S NO. 4619
No. 1813 Session of 2005
INTRODUCED BY KENNEY, BUNT, ALLEN, BARRAR, BASTIAN, BEBKO-JONES,
BELARDI, BELFANTI, BENNINGHOFF, BLAUM, BUXTON, CALTAGIRONE,
CAPPELLI, CAUSER, CORNELL, COSTA, CRAHALLA, CURRY, DALLY,
DENLINGER, DeWEESE, DIVEN, J. EVANS, FABRIZIO, FICHTER,
FLEAGLE, GEORGE, GINGRICH, GODSHALL, GOOD, GOODMAN, HALUSKA,
HANNA, HARHAI, HARPER, HERMAN, HESS, JAMES, JOSEPHS, KILLION,
LaGROTTA, LEDERER, LEVDANSKY, MAITLAND, MANN, MARKOSEK,
McCALL, McILHATTAN, MICOZZIE, MUNDY, MYERS, NAILOR, O'NEILL,
PETRARCA, PETRI, PHILLIPS, QUIGLEY, READSHAW, REICHLEY, ROSS,
RUBLEY, SAINATO, SAMUELSON, SANTONI, SCAVELLO, SHAPIRO,
STABACK, R. STEVENSON, E. Z. TAYLOR, J. TAYLOR, THOMAS, TRUE,
WALKO, WANSACZ, WATSON, WOJNAROSKI, YUDICHAK, HUTCHINSON,
BALDWIN, ROONEY, TURZAI, PISTELLA, MUSTIO, T. STEVENSON,
HARHART, BLACKWELL, REED, CAWLEY, McGILL, WILT, BEYER, SURRA,
HASAY, GRUCELA, PETRONE AND MAHER, JUNE 29, 2005
SENATOR WENGER, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
AMENDED, SEPTEMBER 25, 2006
AN ACT
1 Providing for the allocation of funds to county mental health
2 and mental retardation programs. , for cost-of-living <--
3 adjustments and for the promulgation of rules and
4 regulations.
5 WHEREAS, The care of Pennsylvanians with mental illness and
6 mental retardation has been a core responsibility of State
7 government for more than a century; and
8 WHEREAS, The adoption of the Mental Health and Mental
9 Retardation Act of 1966 established a community-based system of
10 supports and services for people with mental disabilities; and
11 WHEREAS, Since 1966 the Commonwealth of Pennsylvania has
1 implemented a policy of de-institutionalization, shifting the
2 focus of care from large State-operated facilities to small,
3 community-based homes and services; and
4 WHEREAS, The community-based system today provides over $3
5 billion of services annually to hundreds of thousands of people
6 with mental illness or people with mental retardation; and
7 WHEREAS, The continued development and operation of this
8 community-based system of supports and services requires the
9 adoption by the Commonwealth of Pennsylvania of a fiscal policy
10 that consistently supports said system; and
11 WHEREAS, The value of the State's funding for this community-
12 based system of supports and services has declined by over 33%
13 during the past ten years, resulting in a significant erosion in
14 the quality and quantity of services available through the
15 community system.
16 The General Assembly of the Commonwealth of Pennsylvania
17 hereby enacts as follows:
18 Section 1. Short title. <--
19 This act shall be known and may be cited as the Community
20 Mental Health and Mental Retardation Program Services and
21 Supports Act.
22 Section 2. Definitions.
23 The following words and phrases when used in this act shall
24 have the meanings given to them in this section unless the
25 context clearly indicates otherwise:
26 "Department." The Department of Public Welfare of the
27 Commonwealth.
28 "Secretary." The Secretary of Public Welfare of the
29 Commonwealth.
30 Section 3. Allocation of funds.
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1 At the beginning of each fiscal year, the secretary shall
2 allocate to county mental health and mental retardation programs
3 an aggregate amount of funds not less than the aggregate amount
4 allocated to county mental health and mental retardation
5 programs in the prior fiscal year, plus the amount necessary to
6 provide full-year funding of all initiatives included in the
7 prior fiscal year's allocation, plus the amount necessary to
8 provide funds for a cost-of-living adjustment to assure the
9 health, safety and effective care of people served in the
10 community-based mental health and mental retardation system.
11 Section 4. Cost-of-living adjustment.
12 The cost-of-living adjustment shall be equal to the Home
13 Health Agency Market Basket Index, or a successor index should
14 this one be renamed or otherwise modified, published in the
15 Federal Register for the prior Federal fiscal year, times the
16 sum of the aggregate amount allocated to counties in the prior
17 fiscal year plus the amount necessary to provide full-year
18 funding of all initiatives included in the prior fiscal year's
19 allocation to counties.
20 Section 5. Use of increased funds.
21 Funding allocated by the secretary to counties for a cost-of-
22 living adjustment shall only be utilized to increase the rates
23 or amounts of funding for existing community-based mental health
24 and mental retardation services.
25 Section 6. Administrative costs.
26 Notwithstanding any other provisions of this act, the
27 department shall annually increase all existing allocations made
28 to county mental health and mental retardation programs for the
29 purposes of administering such programs by the same cost-of-
30 living adjustment defined in section 4.
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1 Section 7. Rules and regulations.
2 The department shall promulgate regulations necessary for the
3 implementation of the provisions of this act within 90 days of
4 the effective date of this act.
5 Section 8. Effective date.
6 This act shall take effect December 1, 2006, or immediately,
7 whichever is later.
8 SECTION 1. INFORMATION. <--
9 THE SECRETARY OF THE BUDGET SHALL INCLUDE IN THE BUDGET
10 SUBMISSION TO THE GENERAL ASSEMBLY, UNDER SECTION 610 OF THE ACT
11 OF APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE
12 CODE OF 1929, FOR THE COMMUNITY MENTAL HEALTH, COMMUNITY MENTAL
13 RETARDATION SERVICES AND EARLY INTERVENTIONS SERVICES PROGRAMS
14 IN THE DEPARTMENT OF PUBLIC WELFARE THE AMOUNTS NECESSARY TO
15 FUND THE FOLLOWING:
16 (1) THE AGGREGATE AMOUNT ALLOCATED TO THESE PROGRAMS IN
17 THE PRIOR FISCAL YEAR.
18 (2) THE AMOUNT NECESSARY TO PROVIDE FULL-YEAR FUNDING OF
19 ALL INITIATIVES INCLUDED AS PART OF THE PROGRAM IN THE PRIOR
20 FISCAL YEAR.
21 (3) THE AMOUNT NECESSARY TO FUND AN INDEX ADJUSTMENT,
22 CALCULATED UNDER SECTION 2, TO INCLUDE AN ADJUSTMENT FOR
23 ADMINISTRATIVE COSTS.
24 SECTION 2. CALCULATION OF INDEX ADJUSTMENT.
25 THE INDEX ADJUSTMENT UNDER SECTION 1(3) SHALL BE EQUAL TO THE
26 PRODUCT OF THE FOLLOWING:
27 (1) THE HOME HEALTH MARKET BASKET INDEX OR ITS SUCCESSOR
28 INDEX IF THE INDEX IS RENAMED OR OTHERWISE MODIFIED,
29 PUBLISHED IN THE FEDERAL REGISTER FOR THE PRIOR FEDERAL
30 FISCAL YEAR.
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1 (2) THE SUM OF THE AGGREGATE AMOUNT ALLOCATED TO
2 COUNTIES IN THE PRIOR FISCAL YEAR PLUS THE AMOUNT NECESSARY
3 TO PROVIDE FULL-YEAR FUNDING OF ALL INITIATIVES INCLUDED IN
4 THE PRIOR FISCAL YEAR'S ALLOCATION TO COUNTIES.
5 SECTION 3. ALLOCATION.
6 FUNDS INCLUDED IN THE GOVERNOR'S BUDGET SUBMISSION FOR THE
7 COMMUNITY MENTAL HEALTH, COMMUNITY MENTAL RETARDATION SERVICES
8 AND EARLY INTERVENTION SERVICES PROGRAMS UNDER SECTION 2 SHALL
9 BE IDENTIFIED AS INCREASES IN THE RATES OR AMOUNTS OF FUNDING
10 FOR EXISTING COMMUNITY-BASED MENTAL HEALTH AND MENTAL
11 RETARDATION SERVICES.
12 SECTION 4. EFFECTIVE DATE.
13 THIS ACT SHALL TAKE EFFECT DECEMBER 1, 2006, OR IMMEDIATELY,
14 WHICHEVER IS LATER.
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