Citations Affected: IC 2-5; IC 12-24; noncode.
Synopsis: Muscatatuck State Developmental Center downsizing.
Requires the division of disability, aging, and rehabilitative services to
take certain actions, including conducting public hearings, submitting
a report to the legislative council and the commission on mental
retardation and developmental disabilities, and developing a plan,
before downsizing Muscatatuck State Developmental Center. Specifies
conditions that must be met before Muscatatuck State Developmental
Center may be downsized. Converts the commission on mental
retardation and developmental disabilities to a statutory commission
that expires on January 1, 2005. Specifies that the term of a lay member
is three years. Requires the governor to fill a lay member vacancy
within ten days after the vacancy occurs.;Provides that under certain
conditions the term of a lay member continues until a successor is
appointed. Provides that the commission operates under the policies
governing study committees adopted by the legislative council.
Provides benefits to certain laid-off state employees. Appropriates
$500,000 for the retraining of former employees of Madison state
hospital. Repeals noncode provisions concerning the commission.
Effective: July 1, 2001 (retroactive); March 1, 2002, (retroactive);
upon passage; July 1, 2002.
January 7, 2002, read first time and referred to Committee on Health and Provider
Services.
January 17, 2002, reported favorably _ Do Pass.
January 24, 2002, read second time, amended, ordered engrossed.
January 25, 2002, engrossed.
January 29, 2002, read third time, passed. Yeas 43, nays 7.
A BILL FOR AN ACT to amend the Indiana Code concerning
human services and to make an appropriation.
SECTION 1. IC 2-5-27 IS ADDED TO THE INDIANA CODE AS
A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2002]:
Chapter 27. Commission on Mental Retardation and
Developmental Disabilities
Sec. 1. As used in this chapter, "commission" refers to the
commission on mental retardation and developmental disabilities
established under section 2 of this chapter.
Sec. 2. There is established the commission on mental
retardation and developmental disabilities as a legislative study
committee.
Sec. 3. (a) The commission consists of the following members:
(1) Two (2) members of the house of representatives
appointed by the speaker of the house of representatives. The
members appointed under this subdivision may not be
members of the same political party.
(2) Two (2) members of the senate appointed by the president
pro tempore of the senate. The members appointed under this
subdivision may not be members of the same political party.
(3) The following members appointed by the governor:
(A) One (1) member at large.
(B) One (1) member who is a consumer of mental
retardation or developmental disability services.
(C) One (1) member who is a representative of advocacy
groups for consumers of mental retardation and
developmental disability services.
(D) Two (2) members who are representatives of families
of consumers of mental retardation and developmental
disability services.
(E) One (1) member who is a representative of an
organization providing services to individuals with mental
retardation and developmental disabilities.
(F) Two (2) members who are representatives of a labor
organization or union that represents state employees.
(b) The term of a commission member appointed under
subsection (a)(3) is three (3) years.
(c) The governor shall fill a vacancy of a member under
subsection (a)(3) within ten (10) days after the vacancy occurs.
(d) If:
(1) the term of a member appointed under subsection (a)(3)
expires;
(2) the member is not reappointed; and
(3) a successor is not appointed;
the term of the member continues until a successor is appointed.
Sec. 4. The commission shall do the following:
(1) Develop a long range plan to stimulate further
development of cost effective, innovative models of
community based services, including recommendations that
identify implementation schedules, plans for resource
development, and appropriate regulatory changes.
(2) Review and make recommendations regarding any unmet
needs for mental retardation and developmental disability
services, including the following:
(A) Community residential and family support services.
(B) Services for aging families caring for their children
who are mentally retarded and developmentally disabled
adults.
(C) Services for families in emergency or crisis situations.
(D) Services needed to move children and adults from
nursing homes and state hospitals to the community.
(3) Study and make recommendations for the state to use state
employees or contract with a private entity to manage and
implement home and community based services waivers
under 42 U.S.C. 1396n(c).
(4) Study and make recommendations regarding state funding
needed to provide supplemental room and board costs for
individuals who otherwise qualify for residential services
under the home and community based services waivers.
(5) Monitor and recommend changes for improvements in the
implementation of home and community based services
waivers managed by the state or by a private entity.
(6) Review and make recommendations regarding the
implementation of the comprehensive plan prepared by the
developmental disabilities task force established by
P.L.245-1997, SECTION 1.
(7) Review and make recommendations regarding the
development by the division of disability, aging, and
rehabilitative services of a statewide plan to address quality
assurance in community based services.
(8) Annually review the infants and toddlers with disabilities
program established under IC 12-17-15.
Sec. 5. The commission shall operate under the policies
governing study committees adopted by the legislative council.
Sec. 6. The affirmative votes of a majority of the members
appointed to the commission are required for the commission to
take action on any measure, including final reports.
Sec. 7. This chapter expires January 1, 2005.
SECTION 2. IC 12-24-1-10 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 10. (a) Notwithstanding any other law, the
director of the division of disability, aging, and rehabilitative
services may not terminate normal patient care or other operations
at Muscatatuck State Developmental Center unless the division has
complied with this section.
(b) The division shall conduct at least one (1) public hearing at
a handicap accessible location in the county where Muscatatuck
State Developmental Center is located to obtain written and oral
testimony from all persons interested in the effect that the center's
downsizing would have on:
(1) Muscatatuck State Developmental Center:
(A) residents;
(B) residents' families; and
(C) employees; and
(2) communities surrounding Muscatatuck State
Developmental Center.
(c) The division shall conduct a study of the following issues:
(1) The risks to the health and well-being of residents of
Muscatatuck State Developmental Center and the families of
residents that arise from:
(A) downsizing Muscatatuck State Developmental Center;
and
(B) transferring residents to new placements.
(2) The types of placements needed to adequately serve
residents of Muscatatuck State Developmental Center in a
setting that is located within the vicinity of the families of
residents, including:
(A) the availability of adequate placements; and
(B) the need to develop new placement opportunities.
(3) The economic impact that downsizing will have on:
(A) Muscatatuck State Developmental Center:
(i) residents;
(ii) residents' families; and
(iii) employees; and
(B) communities surrounding Muscatatuck State
Developmental Center.
(4) The existence of environmental hazards on the property
where Muscatatuck State Developmental Center is located.
(5) Opportunities for reuse of the Muscatatuck State
Developmental Center property in a manner that will enhance
the economy of the area.
(d) After the public hearing required under subsection (b), the
division shall submit a report to the legislative council and the
budget agency that contains the following information:
(1) A summary of the testimony received at the public hearing
required under subsection (b).
(2) The results of the division's study under subsection (c).
(3) Other information the director of the division considers
relevant.
(e) The division shall develop a plan for the downsizing of
Muscatatuck State Developmental Center. The plan must include
the following:
(1) A plan and timetable for placement of appropriate
residents of Muscatatuck State Developmental Center in
adequate placements that fully meet the needs of the residents
before downsizing Muscatatuck State Developmental Center.
(2) A plan for allowing all Muscatatuck State Developmental
Center employees to remain in their current collective
bargaining units and classifications with the same or similar
wages and benefits as current state employees. An employer
shall recognize the current labor organization or labor union
as the exclusive representative of the employees.
(3) A plan for moving residents to alternative placements that
protects the physical health, mental health, and safety of the
residents.
(4) A plan for keeping:
(A) Muscatatuck State Developmental Center:
(i) residents;
(ii) residents' families; and
(iii) employees; and
(B) communities surrounding Muscatatuck State
Developmental Center;
informed of each significant step taken in the planning,
resident placement, and downsizing process.
(5) An environmental plan for the elimination of any
environmental hazards on the property where Muscatatuck
State Developmental Center is located.
(6) A plan and timetable for the reuse of the Muscatatuck
State Developmental Center property in a manner that will
provide for the best economic use of the property.
(7) A plan for monitoring compliance with the standards set
to assure the health and safety of residents, compliance with
this section, and compliance with the plans developed under
this section.
The division shall submit the plan required under this subsection
to the legislative council and the budget agency at the same time
that the report required under subsection (d) is submitted.
(f) The report required under subsection (d) and the plan
required under subsection (e) must be approved by the budget
director after review by the legislative council and the budget
committee.
(g) The director may not complete the closure of Muscatatuck
State Developmental Center until:
(1) the report and plan are approved by the budget director
under subsection (f); and
(2) residents of Muscatatuck State Developmental Center are
placed in adequate placements that:
(A) fully meet the capabilities and needs of the residents;
(B) are located sufficiently close to the families of residents
so that the families may maintain the same level of contact
with the residents that the families had before the residents
were transferred from Muscatatuck State Developmental
Center; and
(C) are acceptable to the individual or the individual's
representative.
SECTION 3. [EFFECTIVE MARCH 1, 2002, (RETROACTIVE)]
(a) Beginning March 1, 2002, the division of disability, aging, and
rehabilitative services established by IC 12-9-1-1 shall provide a
quarterly report regarding the status of the closure of Muscatatuck
State Developmental Center to the commission on mental
retardation and developmental disabilities.
(b) This SECTION expires July 1, 2005.
SECTION 4. THE FOLLOWING ARE REPEALED [EFFECTIVE
JULY 1, 2002]: P.L.272-1999, SECTION 67; P.L.242-2001, SECTION
3.
SECTION 5. [EFFECTIVE JULY 1, 2002] Notwithstanding
IC 2-5-27-3, as added by this act, an individual who was appointed
as a lay member of the Indiana commission on mental retardation
and developmental disabilities in 2001 remains a member of the
commission until:
(1) the member resigns; or
(2) January 1, 2004;
whichever is earlier.
SECTION 6. [EFFECTIVE UPON PASSAGE] (a) As used in this
SECTION, "accrued leave" refers to the number of days the
former employee had accrued as of the date of the employee's
termination at the state agency for the following:
(1) Vacation days exceeding thirty (30) days.
(2) Sick days.
(3) Personal days.
(b) As used in this SECTION, "former employee" means an
individual who:
(1) was employed at a facility operated by a state agency;
(2) was terminated from employment after February 1, 2002,
due to the closing or downsizing of the facility operated by the
state agency; and
(3) is not an employee of a state agency.
(c) As used in this SECTION, "state agency" includes the
following:
(1) The division of disability, aging, and rehabilitative services
(IC 12-9-1-1).
(2) The division of mental health and addiction (IC 12-21-1-1).
(3) The state department of health (IC 16-19-1-1).
(4) The department of correction (IC 11-8-2-1).
(d) A former employee is entitled to be paid an amount equal to
the sum of the following:
(1) Full pay for the first thirty (30) days of accrued vacation.
(2) Sixty percent (60%) of the accrued leave days multiplied
by the hourly rate of pay earned by the former employee at
the time of the employee's termination.
(e) The former employee is entitled to continue to participate in
the group health insurance program offered to state employees
until the earliest of the following:
(1) The former employee is employed by an employer that
provides health insurance benefits to its employees.
(2) One (1) year after the former employee's termination from
state employment.
(3) The expiration of this SECTION.
(f) A former employee who participates in the state employee
health insurance program under subsection (e) must pay the
employee portion of the group health insurance program. The state
shall pay the employer portion of the group health insurance
program.
(g) This SECTION expires January 1, 2004.
SECTION 7. [EFFECTIVE UPON PASSAGE] (a) Not later than
July 1, 2002, the department of workforce development shall
establish and operate retraining programs for employees of the
Madison state hospital who are terminated from employment due
to any downsizing of the Madison state hospital.
(b) This SECTION expires July 1, 2003.
SECTION 8. [EFFECTIVE JULY 1, 2001 (RETROACTIVE)] (a)
There is appropriated to the department of workforce development
five hundred thousand dollars ($500,000) from the state general
fund for the period beginning July 1, 2001, and ending June 30,
2003, to carry out SECTION 6 of this act.
(b) This SECTION expires July 1, 2003.
SECTION 9. An emergency is declared for this act.