PRINTER'S NO. 2358
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1611
Session of
2015
INTRODUCED BY GIBBONS, KINSEY, DRISCOLL, COHEN, DAVIS, McNEILL,
V. BROWN, GOODMAN AND DONATUCCI, OCTOBER 15, 2015
REFERRED TO COMMITTEE ON HEALTH, OCTOBER 15, 2015
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 general powers and
duties of Department of Human Services, providing for
unlicensed residential habilitation waiver services and
reimbursement.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of June 13, 1967 (P.L.31, No.21), known
as the Public Welfare Code, is amended by adding a section to
read:
Section 211.1. Unlicensed Residential Habilitation Waiver
Services.--Subject to Federal approval of such amendments as may
be necessary to the Commonwealth's approved Title XIX State
Plan, the department shall do all of the following:
(1) Permit a relative or legal guardian of an individual
with an intellectual disability to provide unlicensed
residential habilitation waiver services to the individual in a
residential setting approved by the department. A residential
setting may include the private home of an individual with an
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intellectual disability and the private home of a relative or
legal guardian of an individual with an intellectual disability.
(2) Promulgate regulations that establish the process and
criteria to be used to determine eligibility for a relative or
legal guardian of an individual with an intellectual disability
to provide unlicensed residential habilitation waiver services
to the individual in residential settings approved by the
department. The relative or legal guardian must meet the
qualifications criteria for providers of residential
habilitation waiver services set forth by the department as of
the effective date of this section.
(3) Establish reimbursement rates for eligible relatives or
legal guardians providing unlicensed residential habilitation
waiver services.
Section 2. Within 90 days of the effective date of this
section, the Department of Human Services shall submit to the
appropriate Federal agency a request for necessary waivers of
Federal law and regulations and for any other approvals by the
Federal Government necessary for the implementation of the
changes and additions made by the addition of section 211.1 of
the act. It is the obligation of the department to enter into
good faith negotiations with the appropriate Federal authorities
and to make every effort to obtain the necessary Federal waivers
and approvals.
Section 3. This act shall take effect immediately.
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