Pennsylvania Act 2016-153 — HUMAN SERVICES CODE - OMNIBUS AMENDMENTS

Act text

Session of 2016

No. 2016-153

SB 613

AN ACT

Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An act to consolidate, editorially revise, and codify the public welfare laws of the Commonwealth," in Human Services Block Grant Pilot Program, further providing for definitions, for establishment of human services block grant, for powers and duties of the department, for powers and duties of counties, for allocation, for use of block grant funds, for applicability of other statutes, for appeals, for limitations and for construction and making editorial changes.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Section 1. The heading of Article XIV-B of the act of June 13, 1967 (P.L.31, No.21), known as the Human Services Code, added June 30, 2012 (P.L.668, No.80), is amended to read:

Article XIV-B

Human Services Block Grant [Pilot] Program

Section 2. The definitions of "block grant" and "county-based human services" in section 1401-B of the act, added June 30, 2012 (P.L.668, No.80), are amended to read:

Section 1401-B. Definitions.

The following words and phrases when used in this article shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Block grant." The Human Services Block Grant [Pilot] Program established in section 1402-B.

"County-based human services." Programs approved by the Department of [Public Welfare] Human Services and provided by county governments through direct or contracted services, supportive services and service coordination. The term includes services designed to meet service needs of the following:

(1) Individuals in need of behavioral health services.

(2) Individuals with intellectual disabilities.

(3) Individuals in need of drug and alcohol treatment services.

(4) Individuals who are homeless or at immediate risk of becoming homeless.

[(5) Dependent and delinquent children as defined in 42 Pa.C.S. § 6302 (relating to definitions).]

(6) Low-income adults eligible to receive services under the act of October 5, 1994 (P.L.531, No.78), known as the Human Services Development Fund Act.

(7) Older individuals as provided for under section 2206-A of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929, and eligible to receive services under the Human Services Development Fund Act.

---

Section 3. Section 1402-B of the act, amended July 9, 2013 (P.L.369, No.55), is amended to read:

Section 1402-B. Establishment of Human Services Block Grant [Pilot] Program.

The following shall apply to the Human Services Block Grant [Pilot] Program:

(1) The Human Services Block Grant [Pilot] Program is established for the purpose of allocating block grant funds to county governments to provide locally identified county-based human services that will meet the service needs of county residents. A county's request to participate in the block grant shall be on a form and contain such information as the department may prescribe. The application to the department shall be adopted by a majority vote of the governing body and transmitted to the department accompanied by the signature of the chair of the board of commissioners and attested by the chief clerk of the county or, in the case of a home rule county, by the equivalent consistent with the provisions of the county charter.

(2) The department may approve a county's request based on the county's plan to provide human services and integrate its human service programs. [A county with a history of participation or application to participate in the block grant shall have priority over a county which has not previously applied for the block grant. The department shall also consider diversity in representation of counties, regarding such factors as] The department shall consider such factors as :

[(i) Geographic location.

(ii) Total population.

(iii) Urban, rural and suburban population.

(iv) Proximity to a large urban area.

(v) County class.

(vi) Form of county government.]

(vii) Whether the county is part of a local collaborative arrangement.

(viii) The county's human services administrative structure.

(ix) The county's history of human services fiscal management.

(x) The county's history of compliance with statutory and regulatory requirements regarding the operation of its human services programs.

(3) [No more than 30 counties may participate in the block grant in any fiscal year.] A county's participation in the block grant is voluntary.

Section 4. Section 1403-B(b) of the act, added June 30, 2012 (P.L.668, No.80), is amended to read:

Section 1403-B. Powers and duties of the department.

---

(b) Administration of [pilot] program.--The department shall have the power and duty to:

(1) Monitor county governments' administration of the block grant to ensure compliance with applicable Federal and State requirements.

(2) Allocate and disburse block grant funds to counties on a quarterly basis in accordance with section 1405-B.

(3) Provide technical support and assistance to counties.

(4) Require counties to submit reports containing such information pursuant to the implementation of this article and in the form and by the deadline prescribed by the department. The department shall issue instructions for the completion of county reports. The instructions shall be issued no later than August 31 of each year following the fiscal year for the report.

(5) Monitor, inspect or audit the financial, operating and accounting records of any county agency or contracted entity that receives any block grant funds if deemed necessary by the department.

(6) Withhold, recover or reduce any block grant funds of a county agency or contracted entity determined to have been spent or disbursed in violation of Federal or State requirements.

(6.1) Withhold, recover or reduce by no more than 5% the allocation of funds under this article to any county that does not timely file a complete plan or report under section 1404-B(4) and (5). The department may withhold, recover or reduce the allocation of funds until a complete plan or report is submitted.

(6.2) Require submission and implementation of an acceptable corrective action plan or terminate a county's participation in the Human Services Block Grant Program for a violation of this article.

(7) Establish procedures for the annual submission, review and approval process of county block grant plans for the expenditure of block grant funds and the delivery of county-based human services submitted under section 1404-B(5). The department shall issue instructions for county block grant plans for the next fiscal year no later than March 1 of each year. The department shall allow counties to submit revised block grant plans following the enactment of the General Appropriation Act for the current fiscal year. The department shall not approve a county plan which proposes the elimination of any of the following county-based human services:

(i) Community-based mental health services.

(ii) Intellectual disability services.

[(iii) Child welfare services.]

(iv) Drug and alcohol treatment and prevention services.

(v) Homeless assistance services.

(vi) Behavioral health services.

(7.1) Review and approve or disapprove a county's request to revise its plan during the fiscal year pursuant to section 1404-B(5.2).

(7.2) Consult with a Statewide association representing counties to select the data elements and outcome measures to be included in county plans under section 1404-B(5) beginning with the report for fiscal year 2018-2019. The department and the Statewide association shall review and update the data elements and outcome measures at least every four years.

(8) Prepare and submit by January 1, 2014, and by [November 30] December 15 each year thereafter, a report to the chairman and minority chairman of the Public Health and Welfare Committee of the Senate, the chairman and minority chairman of the Appropriations Committee of the Senate, the chairman and minority chairman of the Health Committee of the House of Representatives, the chairman and minority chairman of the Human Services Committee of the House of Representatives and the chairman and minority chairman of the Appropriations Committee of the House of Representatives of the expenditures of block grant funds by county governments to include:

(i) The allocation levels.

(ii) The expenditure levels.

(iii) The number of individuals served by the human services provided.

(iii.1) The efforts between counties, stakeholders, associations and the department to determine the data elements and outcome measures required for plans under section 1404-B(5).

(iv) Any other information deemed necessary by the department, including any information which would determine the effectiveness of the block grant.

(9) The annual report under paragraph (8) shall be made available for public inspection and posted on the department's publicly accessible Internet website.

(10) Promulgate regulations as may be necessary to carry out this article.

(11) Consult with a Statewide association representing counties to develop a method to informally resolve disputes under paragraphs (6), (6.1) and (6.2) or a disapproval of a plan under paragraph (7).

Section 5. Section 1404-B(4), (5) and (6) of the act, amended July 9, 2013 (P.L.369, No.55), are amended and the section is amended by adding paragraphs to read:

Section 1404-B. Powers and duties of counties.

The local county officials of each county government participating in the block grant shall have the power and duty to:

---

(4) Submit required reports under section 1403-B(b)(4) no later than September 30 of each year following the fiscal year of the report .

(5) Submit to the department an annual Human Services Block Grant [Pilot] Plan [to] for the next fiscal year no later than May 1 each year. The plan shall include the intended delivery of county-based human services by client population to be served, including a detailed description of how the county intends to serve its residents in the least restrictive setting appropriate to their needs and the distribution and the projected expenditure level of block grant funds by county-based human services allocated under this article in such form and containing such information as the department may require. Prior to submitting the annual Human Services Block Grant [Pilot] Plan to the department, the county shall hold at least two public hearings on the plan under 65 Pa.C.S. Ch. 7 (relating to open meetings), which shall include an opportunity for individuals and families who receive services to testify about the plan. Prior to submitting its plan to the department, a county shall provide the plan to its human services advisory boards for their review and comment.

(5.1) Follow and implement the plan submitted pursuant to paragraph (5).

(5.2) During the fiscal year, submit to the department for prior approval any change in expenditure level of a county-based human service listed under section 1403-B(7) of 10% or more from the plan submitted pursuant to paragraph (5).

(6) Submit to the department a written notice if a county intends to opt out of the block grant. Such opt out shall be submitted at least 30 days prior to the end of the State fiscal year and take effect at the beginning of the next State fiscal year.

Section 6. Sections 1405-B(a) and 1406-B(b) of the act, amended July 9, 2013 (P.L.369, No.55), are amended to read:

Section 1405-B. Allocation.

(a) Allocation.--The department shall allocate State block grant funds to counties as follows:

(1) The department shall allocate State block grant funds according to each county's proportional share of the aggregate amount of the following State funds allocated for [fiscal year 2011-2012] the previous fiscal year :

(i) Funds allocated to counties under the act of October 5, 1994 (P.L.531, No.78), known as the Human Services Development Fund Act.

(ii) Funds allocated to counties for mental health and intellectual disability services under 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.

(iii) Funds allocated to counties for behavioral health services.

(iv) Funds allocated to counties for drug and alcohol services under section 2334 of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929.

(v) Funds allocated to counties for the provision of services to the homeless.

[(vi) Funds allocated to county child welfare agencies as certain additional grants under section 704.1(b).]

(2) The department shall allocate Federal block grant funds to counties according to each county's [fiscal year 2011-2012] previous fiscal year proportional share of each Federal appropriation associated with the funds identified in paragraph (1).

(3) Funds identified in paragraphs (1) and (2) that were allocated to county local collaborative arrangements shall be allocated to individual counties based on the individual county population.

(4) The department may revise the allocation of Federal funds identified in paragraph (2) as necessary to comply with applicable Federal requirements.

---

Section 1406-B. Use of block grant funds.

---

(b) Reinvestment.--A county participating in the block grant may submit to the department a written plan to reinvest up to [3%] 5% of its block grant allocation for any State fiscal year to be expended on county-based human services in the next State fiscal year. [The 3% limitation may be waived by the department upon a showing by the county that it has a specific and detailed plan to reinvest the funds to expand access to human services based on local need and that adequate and available human services will remain available in the county. A request for a waiver under this subsection shall include all of the following:

(1) The specific amount of funds the county seeks to reinvest.

(2) An explanation why the funds were not expended for human services during the fiscal year.

(3) An explanation how the reinvestment will support the plan submitted under section 1404-B(5).

(4) The projected time period for expenditure of the funds.]

---

Section 7. Sections 1407-B, 1408-B, 1409-B and 1410-B of the act, added June 30, 2012 (P.L.668, No.80), are amended to read:

Section 1407-B. Applicability of other statutes.

(a) Department.--The department's allocation of block grant funds to counties participating in the block grant under this article shall fully discharge its responsibilities and liabilities with respect to those counties under[:

(1) Section 704.1(b).

(2) Sections] sections 201(1) and (7), 503, 509, 510 and 511 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.

(b) County.--

(1) Except as specified in paragraph (2), each county's provision of county-based human services through the expenditure of block grant funds, in combination with required local matching funds, shall fully discharge the county's responsibilities and liabilities to provide or fund county-based human services under:

[(i) Section 704.1(b).]

(ii) Sections 301(d), 503, 509, 510 and 511 of the [act of October 20, 1966 (3rd Sp.Sess., P.L.96, No.6), known as the] Mental Health and [Mental] Intellectual Disability Act of 1966.

(iii) Section 401 of the act of June 24, 1937 (P.L.2017, No.396), known as the County Institution District Law.

(2) This article shall not be construed to affect the obligation of any county to provide funds for care in any county nursing home under section 443.1 or 472, care in any State institution as defined by section 901, medical assistance for inmates pursuant to section 441.1 or Article XIV-A or mental health or intellectual disability services provided by the department under section 505(b) or 508(c) of the Mental Health and Intellectual Disability Act of 1966.

(c) Allocations.--This article shall not be construed to prohibit the department from making specific grants or allocations of funds identified in section 1405-B(a)(1) to counties for specific human services in addition to their allocations of block grant funds under this article.

Section 1408-B. Appeals.

A county agency or contracted entity aggrieved by a department determination made under section 1403-B(b)(6) , (6.1) or (6.2) or a disapproval of a plan under section 1403-B(b)(7) may file a request for a review with the department's Bureau of Hearings and Appeals, which shall have exclusive jurisdiction in such matters. The procedures and requirements of 2 Pa.C.S. Ch. 5 Subch. A (relating to practice and procedure of Commonwealth agencies) and 1 Pa. Code Pt. II (relating to general rules of administrative practice and procedure) shall apply to requests for review filed under this section, except that in a request for a review, the county agency or contracted entity may not challenge the block grant funds allocation under section 1405-B.

Section 1409-B. Limitations.

(a) Calculation of State appropriation.--No funds allocated for the block grant may be considered as part of the base for the calculation of any State appropriation for any fiscal year, including the county child welfare needs-based budget.

(b) Non-State match.--No funds allocated for the block grant may be used as the non-State match for other State funds, programs or grants.

[(c) Other reimbursement.--No funds allocated to the block grant may be used for services reimbursable pursuant to section 704.1(a) in excess of a county's minimum expenditure for child welfare services required under section 1405-B(b) until the county has exhausted its allocation of State funds pursuant to section 709.3 for the State fiscal year. This provision excludes congregate care and institutional placements for dependent and delinquent children which are not reimbursable with block grant funds.

(d) Certain residential service.--No funds allocated to the block grant may be used for residential service for dependent or delinquent children other than foster care.]

Section 1410-B. Construction.

(a) Federal moneys.--This article shall be construed so as to maintain and not decrease or limit the eligibility of any person or facility or the Commonwealth or any political subdivision of the Commonwealth to receive any Federal assistance, grant or funds.

(b) Availability of services.--Nothing in this article creates or provides an individual with an entitlement to services or benefits. Services under this article shall only be available from county governments to the extent that funds are appropriated.

[(c) County child welfare services.--This article applies notwithstanding the provisions of Article VII.]

Section 8. This act shall take effect as follows:

(1) The following provisions shall take effect immediately:

(i) This section.

(ii) The addition of section 1403-B(b)(7.2) of the act.

(2) The remainder of this act shall take effect July 1, 2017, or immediately, whichever is later.

APPROVED--The 4th day of November, A.D. 2016.

TOM WOLF