1Prohibiting employees of long-term care providers from serving
2as guardian, agent under a power of attorney, insurance or
3annuity beneficiary or estate executor of individuals who
4receive services from a long-term care provider.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

7Section 1. Short title.

8This act shall be known and may be cited as the Long-Term
9Care Consumer Financial Interest Prohibition Act.

10Section 2. Definitions.

11The following words and phrases when used in this act shall
12have the meanings given to them in this section unless the
13context clearly indicates otherwise:

14"Facility." Any of the following:

15(1) A facility that provides "domiciliary care" as 
16defined under section 2202-A of the act of April 9, 1929 
17(P.L.177, No.175), known as The Administrative Code of 1929.

1(2) An "assisted living residence" as defined under 
2section 1001 of the act of June 13, 1967 (P.L.31, No.21), 
3known as the Public Welfare Code.

4(3) A "personal care home" as defined under section 1001 
5of the act of June 13, 1967 (P.L.31, No.21), known as the 
6Public Welfare Code.

7(4) A "long-term care nursing facility" as defined under 
8section 802.1 of the act of July 19, 1979 (P.L.130, No.48), 
9known as the Health Care Facilities Act.

10(5) A facility that provides "continuing care" as 
11defined under section 3 of the act of June 18, 1984 (P.L.391, 
12No.82), known as the Continuing-Care Provider Registration 
13and Disclosure Act.

14(6) An "older adult daily living center" as defined 
15under section 2 of the act of July 11, 1990 (P.L.499, 
16No.118), known as the Older Adult Daily Living Centers 
17Licensing Act.

18"Home and community-based provider." Any of the following:

19(1) A "home care agency" as defined under section 802.1 
20of the act of July 19, 1979 (P.L.130, No.48), known as the 
21Health Care Facilities Act.

22(2) A "home health care agency" as defined under section 
23802.1 of the act of July 19, 1979 (P.L.130, No.48), known as 
24the Health Care Facilities Act.

25(3) A State-approved home and community-based waiver 
26provider that operates under a Medicaid home and community-
27based waiver granted by the Centers for Medicaid and Medicare 
28Services to the Department of Public Welfare under the 
29authority of section 1915(c) of the Social Security Act (49 
30Stat. 620, 42 U.S.C. § 1396n (c)) and that provides long-term 

1care to nursing-facility-eligible consumers in the consumers' 
2homes or at locations in the community to assist consumers to 
3function as independently as possible.

4"Long-term care." Assistance, service or other devices which 
5may be provided over an extended period of time and designed to 
6meet medical, personal and social needs associated with aging, 
7chronic disease or disability, acute illness or injury or 
8behavioral health problems that enable a person to live as 
9independently as possible.

10"Long-term care consumer." An individual who receives 
11services from a long-term care provider.

12"Long-term care provider" or "provider." A facility or a 
13home and community-based provider licensed, certified or 
14otherwise approved by the Commonwealth to provide long-term 
15care.

16Section 3. Financial interest prohibition.

17No employee who is paid by a provider to provide long-term
18care services to a long-term care consumer, and no contract
19employee who has direct contact with a long-term care consumer
20or unsupervised access to the personal living quarters of a
21long-term care consumer may:

22(1) Be appointed or act as guardian of a long-term care
23consumer.

24(2) Serve as an agent under a power of attorney of a
25long-term care consumer.

26(3) Be a beneficiary of any insurance policy or annuity
27of a long-term care consumer.

28(4) Serve as an executor of the estate of a long-term
29care consumer.

30Section 4. Effective date.

1This act shall take effect immediately.