Amendment vs bill House Amendment A03334 vs Printer's No. 2747

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PRIOR PRINTER'S NO.
H1918B2681A03334 AJB:EJH 10/22/19 #90 A03334 AMENDMENTS TO HOUSE BILL NO.
2681 PRINTER'S NO.
1918 Sponsor:
2747 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.
REPRESENTATIVE RAPP Printer's No.
1918 2019 INTRODUCED 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, MUSTELLO, BOBACK, SANKEY, MENTZER, FLYNN, GLEIM, MULLINS, DeLUCA AND FRITZ, OCTOBER 15, 2019 AS REPORTED FROM COMMITTEE ON HEALTH, HOUSE OF REPRESENTATIVES, AS AMENDED, OCTOBER 22, 2019 AN ACT Amending the act of October 20, 1966 (3rd Sp.Sess., P.L.96, No.6), entitled "An act relating to mental health and amending, revising and changing the laws relating thereto and making an appropriation," in preliminary provisions, further providing for definitions;
2681 Amend Bill, page 2, by inserting between lines 3 and 4 "State center" 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.
and, in responsibilities of the State, providing for State facility CENTER closure <-- moratorium.
Amend Bill, page 2, line 5, by striking out "Facility" and inserting Center Amend Bill, page 2, line 6, by striking out "facility" and inserting center Amend Bill, page 2, line 19, by striking out "facilities" and inserting centers Amend Bill, page 2, line 21, by striking out "facilities" and inserting centers Amend Bill, page 2, line 25, by striking out "facility" and inserting center Amend Bill, page 2, line 27, by striking out "facility" and inserting center Amend Bill, page 3, line 4, by striking out "facilities" and inserting 2019/90AJB/HB1918A03334 - 1 - centers Amend Bill, page 3, line 11, by striking out "facility" and inserting center Amend Bill, page 3, line 13, by striking out "facility" and inserting center Amend Bill, page 3, line 17, by striking out "facilities" and inserting centers Amend Bill, page 3, line 18, by striking out "facility" and inserting center Amend Bill, page 3, line 20, by striking out "facility" and inserting center Amend Bill, page 3, line 22, by striking out "facility" and inserting center Amend Bill, page 3, line 25, by striking out "facility" and inserting center Amend Bill, page 3, line 26, by striking out "facility" and inserting center Amend Bill, page 3, line 29, by striking out "facility" and inserting center Amend Bill, page 4, line 2, by striking out "facility" and inserting center 2019/90AJB/HB1918A03334 - 2 - Amend Bill, page 4, line 4, by striking out "facility" and inserting center Amend Bill, page 4, line 6, by striking out "facility" and inserting center Amend Bill, page 4, line 8, by striking out "facility" and inserting center Amend Bill, page 4, line 9, by striking out "facility" and inserting center Amend Bill, page 4, line 12, by striking out "facility" and inserting center Amend Bill, page 4, line 18, by striking out "facility" and inserting center Amend Bill, page 4, line 21, by striking out "facility" and inserting center Amend Bill, page 4, line 23, by striking out "facility" and inserting center Amend Bill, page 4, line 24, by striking out "facility" and inserting center Amend Bill, page 4, line 27, by striking out "facility" and inserting center Amend Bill, page 4, line 29, by striking out "facility" and 2019/90AJB/HB1918A03334 - 3 - inserting center Amend Bill, page 4, line 30, by striking out "facility" and inserting center Amend Bill, page 5, line 3, by striking out "facility" and inserting center Amend Bill, page 5, line 5, by striking out "facilities" and inserting centers Amend Bill, page 5, line 8, by striking out "facility" and inserting center 2019/90AJB/HB1918A03334 - 4 -
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
Section 1.
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:
Section 102.
Definitions.--As used in this act:
* * * "Department" means the Department of [Public Welfare] Human Services.
* * * "Secretary" means the Secretary of [Public Welfare] Human Services.
* * * "STATE CENTER" 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.
The act is amended by adding a section to read:
Section 202.1.
State Facility CENTER Closure Moratorium.-- <-- (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.
620, 42 U.S.C.
§ 1396n(c)(1)).
(b) When all Medicaid waiver-eligible individuals have received authorization under subsection (a), the department shall transmit notice of that fact to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
Upon publication of the notice, the Task Force on the Closure of State Centers is established within the department.
Within sixty days of publication of the notice, the secretary shall convene an initial meeting of the task force.
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 facilities CENTERS.
<-- (c) The task force shall be comprised of the following members:
20190HB1918PN2747 - 2 - (1) The secretary.
(2) One representative from each State facility 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 Services Committee of the Senate.
(5) The chair and the minority chair of the Human Services Committee of the House of Representatives.
(6) Two family members of residents of State facilities <-- 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.
(d) The task force shall meet biweekly to evaluate the impact of a closure in all of the following areas:
(1) Residents of the State facility CENTER and their <-- families.
(2) Employes, both union and nonunion.
(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 facilities 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-based support system.
The plan <-- shall include all of the following:
(1) An assessment of the State facility CENTER, including:
<-- (i) A certified independent appraisal of the State facility <-- CENTER property.
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<-- (ii) A report of the State employes employed at the State facility CENTER, both full time and part time, including the <-- total number of employes, the cost of the total wages and total benefits paid to the employes and an organizational flow chart of employes working at the State facility 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 facility CENTER.
<-- (v) A report of all electric, utility, water, landscaping, snow removal and maintenance costs of the State facility CENTER.
<-- (vi) Geospatial images of the State facility 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 facility CENTER, <-- for the transition to a home and community-based support system for all of the individuals with intellectual disabilities living at the State facility 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 facility CENTER, including available and necessary resources.
<-- (3) The home and community-based support providers available in the immediate geographic area surrounding the State facility <-- 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 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.
(6) Any other information deemed appropriate by the department as part of the plan.
(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.
(g) As used in this section, the term "task force" means the Task Force on the Closure of State Centers established in accordance with subsection (b).
Section 3.
The addition of section 202.1 of the act shall apply to closures made after October 1, 2019.
Section 4.
This act shall take effect immediately.
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