Bill Text: PA HB1247 | 2009-2010 | Regular Session | Amended

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Bill Title: Establishing a bill of rights for individuals with intellectual and developmental disabilities; and conferring powers and duties on the Department of Public Welfare.

Spectrum: Slight Partisan Bill (Republican 29-16)

Status: (Introduced - Dead) 2010-01-06 - Re-committed to APPROPRIATIONS [HB1247 Detail]

Download: Pennsylvania-2009-HB1247-Amended.html

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PRIOR PRINTER'S NO. 1480 PRINTER'S NO. 3055
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1247 Session of2009
INTRODUCED BY HARPER, ADOLPH, BARRAR, BEAR, BOBACK, BOYD, BRENNAN, BRIGGS, BROWN, CLYMER, CREIGHTON, FLECK, GEIST, GINGRICH, GOODMAN, GRUCELA, HARKINS, HENNESSEY, HESS, HORNAMAN, HUTCHINSON, JOHNSON, KAUFFMAN, MAJOR, McGEEHAN, MENSCH, MOUL, MURT, O'NEILL, PALLONE, PYLE, QUINN, RAPP, READSHAW, REICHLEY, ROAE, ROCK, SIPTROTH, K. SMITH, SWANGER, VULAKOVICH, WATSON, WHEATLEY AND YOUNGBLOOD, APRIL 13, 2009
AS REPORTED FROM COMMITTEE ON HEALTH AND HUMAN SERVICES, HOUSE OF REPRESENTATIVES, AS AMENDED, JANUARY 5, 2010
AN ACT
Establishing a bill of rights for individuals with intellectual
and developmental disabilities; and conferring powers and
duties on the Department of Public Welfare.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Individuals
with Intellectual and Developmental Disabilities Bill of Rights
Act.
Section 2. Findings.
The General Assembly finds and declares as follows:
(1) Disability is a natural part of the human
experience, which does not diminish the right of individuals
with intellectual and developmental disabilities to:
(i) enjoy the opportunity to live, to the extent
possible, independently;
(ii) make choices;
(iii) contribute to society; and
(iv) experience full integration and inclusion in
the economic, political, social, cultural and educational
mainstream of society in this Commonwealth.
(2) Individuals with intellectual and developmental
disabilities continually encounter various forms of
discrimination in critical areas.
(3) There is a lack of public awareness of the
capabilities and competencies of individuals with
intellectual and developmental disabilities.
(4) A substantial number of individuals with
intellectual and developmental disabilities and their
families or legal guardians do not have access to appropriate
support and services from generic and specialized service
systems and remain unserved or underserved.
(5) Communities can be enriched by the full and active
participation and the contributions by individuals with
intellectual and developmental disabilities and their
families; and there is a need to ensure that, within this
Commonwealth, there is the availability and equitable
provision of necessary services for individuals with
intellectual and developmental disabilities, regardless of
religion, race, color, national origin, economic, social
status and degree or type of disability.
(6) The long-time commitment of the General Assembly to
secure for individuals with intellectual and developmental
disabilities in partnership with their families or legal
guardians the opportunity to choose where they live is
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affirmed. The choice of service options must be supported by
State policy. The choice of service options is to be ensured
to individuals with intellectual and developmental
disabilities, encouraging that they not leave their homes or
community to the maximum extent possible.
(7) Services must ensure accountability, credibility,
responsiveness and quality assurance, whether the funding is
Federal, State, local or community.
(8) There are approximately 21,158 individuals in this
Commonwealth with mental retardation who are waiting for
services and programs. There are more than 14,227 people with
emergency and critical needs. The waiting list for these
persons is expected to grow substantially into the
foreseeable future.
(9) The Department of Public Welfare needs to develop an
adequate plan to address the needs and services for the
individuals on the waiting list for mental retardation
services.
(10) For true choice to exist, individuals with
intellectual and developmental disabilities and their
families or legal guardians must be provided with information
about their options for services.
(11) The goals of the Commonwealth properly include the
goal of providing individuals with intellectual and
developmental disabilities and their families or legal
guardians with the opportunities and support to:
(i) Make informed choices and decisions.
(ii) Pursue meaningful and productive lives.
(iii) Live in a home and community of their choice.
(iv) Achieve full integration and inclusion in
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society, in an individualized manner, consistent with the
unique strengths, resources, priorities, concerns,
abilities and capabilities of the individual.
(12) The purpose of this act is to reflect the United
States Supreme Court decision of Olmstead v. L.C. (No.98-536
U.S. 1999); and the Commonwealth desires to assure
individuals with intellectual and developmental disabilities
and their families or legal guardians full and complete
participation in the design of and access to services,
supports and other assistance and opportunities which promote
independence, productivity and choice of living arrangement.
(13) It is the policy of the Commonwealth that all
programs, projects and activities operating in this
Commonwealth be carried out in a manner consistent with the
following principles:
(i) Individuals with intellectual and developmental
disabilities are capable of pursuing independence,
productivity and integration and inclusion into the
community and often require the provision of services,
supports and other assistance to achieve independence,
productivity and integration and inclusion.
(ii) Individuals with intellectual and developmental
disabilities and their families or legal guardians have
competencies, capabilities and personal goals which shall
be recognized, supported and encouraged; and any
assistance to such individuals shall be provided in an
individualized manner, consistent with the unique
strengths, resources, priorities, concerns, abilities and
capabilities of the individuals.
(iii) Individuals with intellectual and
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developmental disabilities and their families or legal
guardians are the primary decision makers regarding the
services and supports such individuals and their families
receive and play significant decision-making roles in
policies and programs which affect the lives of such
individuals and their families.
(iv) Individuals with intellectual and developmental
disabilities and their families or legal guardians have
varying goals and needs, and, therefore, this act does
not support one specific service system or setting over
another so long as it is within the parameters of
applicable reported judicial decisions.
(v) The Commonwealth shall, within budgetary
accountability, provide services, supports and other
assistance which reflect the principles of everyday life
that have been the cornerstone of the Commonwealth's
human services for people with intellectual and
developmental disabilities.
Section 3. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Department." The Department of Public Welfare of the
Commonwealth.
Section 4. Choice.
(a) Community-based service.--The Commonwealth is required
to provide individualized community-integrated supports and
services for an individual with intellectual and developmental
disabilities if all of the following apply:
(1) The individual has an intellectual or developmental
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disability.
(2) The affected individual chooses certain supports and
services or does not oppose the supports and services.
(3) The supports and services are included in an
individualized services plan developed by an authorized State
or county supports coordinator with the input of the
individual and the individual's guardian and advocate.
(b) Family.--Unless an individual determines otherwise,
family members and legal guardians shall be involved in meetings
regarding the planning for and arrangement of community-based
services or other allowable services.
(c) Contact.--Nothing shall prohibit an individual with
intellectual and developmental disabilities from maintaining
contact with family and friends at an intermediate care
facility, a community living arrangement or a day program.
(d) Complaints.--An individual, a family member or a legal
guardian who believes that the needs as detailed in the
individualized service plan are not being met may provide the
State or county a letter expressing concerns. The State or
county shall, within 30 days, address the concerns and, if
necessary, take corrective action.
Section 5. Waiting list for mental retardation services.
(a) Waiting list plan.--Within 180 days one year of the <--
effective date of this section, the department shall develop and <--
submit a five-year plan to eliminate the current as well as any <--
future additions to the critical and emergency waiting list for
individuals with mental retardation who are in need of allowable
supports and services and shall submit the plan to the Governor,
the General Assembly and the county mental retardation program
administrators, a plan to eliminate by the year 2012 the current <--
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and future critical and emergency waiting list for individuals
with mental retardation who are in need of allowable supports
and services.
(b) Contents of plan.--The plan required by this subsection
shall include:
(1) Statistical information on the current and projected
annual increase in the waiting list on a county basis. The
department shall develop a Statewide standardized form to
collect the information from the counties.
(2) Financial Budget projections taking into <--
consideration the department's current budget year, projected
annual costs associated with the elimination of the waiting
list, financial information on the amount of additional
Federal, State or other funds in each county which may be
required annually for the operational costs associated with
the elimination of the waiting list in each county by the <--
year 2012 and the projected annual waiting list in each
annual plan update.
(c) Public hearings and comment.--In the development of the
plan required by subsection (a), the department shall conduct
public hearings and obtain public comment from individuals with
mental retardation, their families and guardians and providers
of services to the mental retardation community.
(d) Annual submission of updated plan.--The department shall
update the budget, statistical and financial data to the plan <--
required by subsection (a) annually and submit the updated plan
to the Governor, General Assembly and the county mental
retardation program administrators by December 31, beginning <--
December 31, 2012 on the anniversary date of the department's <--
original submission of the plan.
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Section 6. Funding.
It is the intent of the General Assembly that services under
this act shall be made available across this Commonwealth,
taking into account the budget constraints and financial <--
resources available to the Commonwealth and the needs of others
with intellectual and developmental disabilities.
Section 7 20. Effective date. <--
This act shall take effect in 60 days.
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