THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

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

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

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

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

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

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effective date of this section, the department shall develop and

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submit a five-year plan to eliminate the current as well as any

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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

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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

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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

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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

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December 31, 2012 on the anniversary date of the department's

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original submission of the plan.

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 

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resources available to the Commonwealth and the needs of others

with intellectual and developmental disabilities.

Section 7 20.  Effective date.

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This act shall take effect in 60 days.