HB 1918 — An Act amending the act of October 20, 1966 (3rd Sp.Sess., P.L.96, No.6), known as the Mental Health and Intellectual Disability Act of 1966, in preliminary provisions, further providing for definitions; and, in responsibilities of the State, providing for State center closure moratorium.

PRIOR PRINTER'S NO.

2681 PRINTER'STHE NO.GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

27471918 THE2019 GENERALINTRODUCED ASSEMBLYBY OFMULLERY, PENNSYLVANIATOOHIL, HOUSEJAMES, BILLLONGIETTI, SessionMETCALFE, ofOWLETT, No.KOSIEROWSKI, T.

1918DAVIS, 2019MIZGORSKI, INTRODUCEDSAINATO, BY MULLERY, TOOHIL, JAMES, LONGIETTI, METCALFE, OBERLANDER, MILLARD, HEFFLEY, MURT, KAUFER, READSHAW, WENTLING, BURNS, HARKINS, DiGIROLAMO, PASHINSKI, CAUSER, JONES, NESBIT, KINSEY, HILL-EVANS, BIZZARRO, STRUZZI, McNEILL, RAPP, SCHWEYER, ULLMAN, BROWN, MADDEN,MADDEN MUSTELLO, BOBACK, SANKEY, MENTZER, FLYNN, GLEIM, MULLINS, DeLUCA AND FRITZ,MUSTELLO, OCTOBER 15, 2019 ASREFERRED REPORTEDTO FROM COMMITTEE ON HEALTH, HOUSE OF REPRESENTATIVES, AS AMENDED, OCTOBER 22,15, 2019 AN ACT AmendingAmeNo.6), the act of October 20, 1966 (3rd Sp.Sess., P.L.96, No.6), entitled "An act relating to mental health andand96, amending,intellectual revisingdisability; and changing the laws relating thereto and making an appropriation," in preliminary provisions, further providing for definitions;

and,authorizing incounty responsibilitiesprograms ofand amending, revising and changing the State,laws providingrelating forthereto Stateand facilitymaking CENTERan closureappropriation," <--in moratorium.preliminary provisions, further providing for definitions;

and, in responsibilities of the State, providing for State facility closure moratorium.

The definitions of "department" and "secretary" in section 102 of the act of October 20, 1966 (3rd Sp.Sess., P.L.96, No.6), known as the Mental Health and Intellectual Disability Act of 1966, are amended AND THE SECTION IS AMENDED <-- BY ADDING A DEFINITION to read:

* * * "STATESection CENTER"2. MEANS A RESIDENTIAL MENTAL HEALTH <-- ESTABLISHMENT THAT PROVIDES HOUSING IN ADDITION TO DIAGNOSIS, TREATMENT CARE, REHABILITATION OR DETENTION OF INTELLECTUALLY DISABLED OR MENTALLY DISABLED INDIVIDUALS.

Section 2.

State Facility CENTER Closure Moratorium.--Moratorium.--(a) <-- (a) No State facility CENTER shall close until all Medicaid <-- waiver-eligible individuals in this Commonwealth are authorized to begin receiving home and community-based services furnished under a waiver granted pursuant to section 1915(c)(1) of the Social Security Act (49 Stat.

The task force shall perform a comprehensive evaluation of the State facilities <-- CENTERS and provide recommendations to the department prior to <-- the closure of one or more State facilitiesfacilities. CENTERS.

<-- (c) The task force shall be comprised of the following members:

20190HB1918PN2747 - 2 - (1) The secretary.

(2) One representative from each State facilityfacility, CENTER, <-- which may include, but is not limited to, direct care providers or administrative staff members, to be appointed by each facility CENTER director.

<-- (3) One representative from the Governor's office.

(4) The chair and the minority chair of the Health and Human 20190HB1918PN2681 - 2 - Services Committee of the Senate.

(6) Two family members of residents of State facilitiesfacilities, <-- CENTERS, to be appointed by the secretary.

<-- (7) One representative of a nonprofit organization which serves as an advocate for those with intellectual disabilities, to be appointed by the secretary.

(1) Residents of the State facility CENTER and their <-- families.

(3) The local economy in which the State facility CENTER is <-- located.

(4) Readiness of provider agencies in each region to expand the community-based residential infrastructure to support residents leaving State facilitiesfacilities. CENTERS.

<-- (e) If a State facility CENTER is deemed eligible for <-- closure by way of a majority vote taken by the task force, the department shall prepare a plan for the closure of the State facility CENTER and the transition of individuals with <-- intellectual disabilities receiving care in the State facility <-- 20190HB1918PN2747 - 3 - CENTER to a home or community-basedcommunity- based support system.

The plan <-- shall include all of the following:

(1) An assessment of the State facilityfacility, CENTER, including:

<-- (i) A certified independent appraisal of the State facility <-- CENTER property.

<-- (ii) A report of the State employes employed at the State facilityfacility, CENTER, both full time and part time, including the <-- total number of employes, the cost of the total wages and total 20190HB1918PN2681 - 3 - benefits paid to the employes and an organizational flow chart of employes working at the State facilityfacility. CENTER.

<-- (iii) A detailed report of the services provided at the State facility CENTER by contracted third-party vendors.

<-- (iv) An inventory of assets located at and improvements on the State facilityfacility. CENTER.

<-- (v) A report of all electric, utility, water, landscaping, snow removal and maintenance costs of the State facilityfacility. CENTER.

<-- (vi) Geospatial images of the State facilityfacility. CENTER.

<-- (vii) A detailed description of the existence, ownership rights and appraised value of any mineral rights on the State facility CENTER property.

<-- (viii) A historical report of the institutional property, including the date it was acquired or constructed, the dates of any improvements on the property, any changes in property records, such as subdivision of the property, historical employment or complement levels and other historical data.

(2) The timeline, specific to each State facilityfacility, CENTER, <-- for the transition to a home and community-based support system for all of the individuals with intellectual disabilities living at the State facilityfacility. CENTER.

Information required under this <-- clause shall specify the critical milestones in the closure 20190HB1918PN2747 - 4 - process for the State facility CENTER and the department's <-- planned course of action to effectuate the closure of the State facilityfacility, CENTER, including available and necessary resources.

<-- (3) The home and community-based support providers available in the immediate geographic area surrounding the State facilityfacility. <-- CENTER.

<-- (4) The process the department will utilize at each State facility CENTER to transition individuals with intellectual <-- disabilities supported at each State facility CENTER to a home <-- and 20190HB1918PN2681 - 4 - community-based support system as provided under this section.

(5) The process the department will utilize at the State facility CENTER to close buildings and reassign staff when <-- individuals with intellectual disabilities are transitioning from State facilities CENTERS to a home and community-based <-- support system.

(f) A State facility CENTER subject to closure must continue <-- to operate with the level of staff necessary until all residents have been transitioned into home or community-based services.

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