PRINTER'S NO. 1608
No. 1388 Session of 1987
INTRODUCED BY LANGTRY, BURD, BOOK, FARMER, McVERRY, DISTLER,
NOYE, ARTY, TRELLO, FOX, HALUSKA, SEMMEL, DeLUCA, CLYMER,
KENNEY, FARGO, CIVERA, MAIALE, HOWLETT, VEON AND
E. Z. TAYLOR, MAY 26, 1987
REFERRED TO COMMITTEE ON HEALTH AND WELFARE, MAY 26, 1987
AN ACT
1 Providing for the establishment, licensing and operation of
2 personal care facilities; and imposing powers and duties on
3 the Department of Health.
4 TABLE OF CONTENTS
5 Chapter 1. General Provisions
6 Section 101. Short title.
7 Section 102. Definitions.
8 Chapter 2. Organization of Board
9 Section 201. Personal Care Facility Advisory Board.
10 Chapter 3. Regulation of Personal Care Facilities
11 Section 301. Operation and maintenance without license
12 prohibited.
13 Section 302. Application for license.
14 Section 303. Minimum standards and training.
15 Section 304. Fees.
16 Section 305. Issuance of license.
17 Section 306. Provisional license.
1 Section 307. Term and content of license.
2 Section 308. Right to enter and inspect.
3 Section 309. Records.
4 Section 310. Refusal to issue license; revocation; notice.
5 Section 311. Penalty.
6 Section 312. Actions against violations of law and rules and
7 regulations.
8 Section 313. Venue.
9 Section 314. Injunction or restraining order when appeal is
10 pending.
11 Section 315. Injunction or restraining order when no appeal is
12 pending.
13 Chapter 4. Violations of Regulations
14 Section 401. Classification of violations.
15 Section 402. Penalties.
16 Section 403. Revocation or nonrenewal of license.
17 Section 404. Relocation of residents.
18 Chapter 5. Miscellaneous
19 Section 501. Transfers.
20 Section 502. Licenses and regulations.
21 Section 503. Consultation with Department of Labor and
22 Industry.
23 Section 504. Repeals.
24 Section 505. Effective date.
25 The General Assembly of the Commonwealth of Pennsylvania
26 hereby enacts as follows:
27 CHAPTER 1
28 GENERAL PROVISIONS
29 Section 101. Short title.
30 This act shall be known and may be cited as the Personal Care
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1 Facilities Act.
2 Section 102. Definitions.
3 The following words and phrases when used in this act shall
4 have the meanings given to them in this section unless the
5 context clearly indicates otherwise:
6 "Board." The Personal Care Facility Advisory Board
7 established and organized under section 201.
8 "Department." The Department of Health of the Commonwealth.
9 "Personal care facility." Any premises in which food and
10 shelter are provided for a period exceeding 24 consecutive hours
11 for three or more adults who are not relatives of the operator
12 and who require personal care services, including assistance or
13 supervision in such matters as dressing, bathing, diet or
14 medication prescribed for self-administration, or for financial
15 management. The department or its representatives shall have the
16 power to determine if a person requires personal care services.
17 "Personal care facility operator." An individual charged
18 with the general administration of a personal care facility,
19 whether or not the individual has an ownership interest in such
20 facility and whether or not his functions and duties are shared
21 with one or more individuals.
22 "Resident." An occupant of a personal care facility.
23 CHAPTER 2
24 ORGANIZATION OF BOARD
25 Section 201. Personal Care Facility Advisory Board.
26 (a) Establishment.--There is established an advisory board
27 to be known as the Personal Care Facility Advisory Board which
28 shall be responsible for advising the department on licensing
29 and regulation of all personal care facilities.
30 (b) Membership.--The board shall be composed of the
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1 following nine members:
2 (1) The Secretary of Health, or a designee.
3 (2) The Secretary of Public Welfare, or a designee.
4 (3) The Secretary of Aging, or a designee.
5 (4) Two owners or operators of personal care facilities
6 appointed by the Governor.
7 (5) Two members of the public to represent residents of
8 personal care facilities appointed by the Governor.
9 (6) One member of the House of Representatives appointed
10 by the Speaker of the House of Representatives.
11 (7) One member of the Senate appointed by the President
12 pro tempore of the Senate.
13 (c) Terms.--
14 (1) The terms of the members appointed by the Governor
15 shall be four years, with the initial appointees to serve for
16 two years and four years respectively, as designated by the
17 Governor.
18 (2) The Secretary of Health, the Secretary of Public
19 Welfare and the Secretary of Aging shall serve concurrently
20 with their terms of office.
21 (3) Members of the General Assembly shall serve terms
22 concurrent with their elected positions.
23 (d) Vacancies.--Members shall be eligible for reappointment.
24 Any vacancy shall be filled by the appointing power for the
25 unexpired term of office.
26 (e) Expenses.--All members of the board shall be entitled to
27 reasonable expenses incurred in the performance of their duties,
28 as fixed by the Executive Board.
29 (f) Officers.--The board shall annually elect a chairperson,
30 a vice chairperson and a secretary. The board shall reorganize
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1 in January of each year and shall meet at least quarterly and at
2 such other times as the chairperson deems necessary.
3 (g) Quorum.--Five members of the board shall constitute a
4 quorum for conducting the business of the board.
5 (h) Duties of the board.--The board shall consult with the
6 department and make recommendations on regulations, licensure,
7 funding and any other responsibilities of the department
8 relating to personal care facilities and their residents.
9 CHAPTER 3
10 REGULATION OF PERSONAL CARE FACILITIES
11 Section 301. Operation and maintenance without license
12 prohibited.
13 No person shall maintain or operate a personal care facility
14 without a valid license issued by the department.
15 Section 302. Application for license.
16 Any person desiring to secure a license for maintaining and
17 operating a personal care facility shall submit an application
18 to the department upon forms prepared and furnished by the
19 department, together with such other information as the
20 department shall require. Application for annual renewal of a
21 license shall be made in the same manner as an application for
22 the original license.
23 Section 303. Minimum standards and training.
24 (a) Promulgation of rules and regulations.--The department,
25 after consultation with the board, shall promulgate rules and
26 regulations necessary for the licensing and regulation of
27 personal care facilities.
28 (b) Standard of care.--The regulations shall provide for two
29 levels of care for residents who do not require the services of
30 a licensed long-term care facility.
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1 (c) Standard of conditions.--The regulations shall assure
2 that personal care facilities offer safe, humane, comfortable
3 and supportive residential settings.
4 (d) Standard of administrator's qualifications.--The
5 regulations shall require that personal care facility operators
6 meet minimum qualifications. A facility operator shall:
7 (1) Be at least 21 years of age, have a high school
8 diploma or a General Educational Development Diploma and be
9 of good moral character.
10 (2) Have knowledge, education and training in:
11 (i) Fire prevention and emergency planning.
12 (ii) First aid, supervision of medications, medical
13 terminology and personal hygiene.
14 (iii) Nutrition.
15 (iv) Recreation.
16 (v) Mental illness and gerontology.
17 (vi) Community resources and social services.
18 (vii) Staff supervision and training.
19 (e) Standard of training.--The department shall schedule and
20 offer, at cost, training and educational programs to enable a
21 person to meet the knowledge, education and training
22 requirements established by this act.
23 Section 304. Fees.
24 Annual licenses shall be issued when the proper fee of $50 is
25 received by the department and all other conditions prescribed
26 by this act are met.
27 Section 305. Issuance of license.
28 When, after investigation, the department is satisfied that
29 the applicant for a license is responsible, that the place to be
30 used as a personal care facility is suitable for the purpose and
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1 is appropriately equipped, and that the applicant and the place
2 to be used as a personal care facility meet all the requirements
3 of this act and of the applicable statutes, ordinances and
4 regulations, it shall issue a license and shall keep a record of
5 the license and the application.
6 Section 306. Provisional license.
7 When there has been substantial but not complete compliance
8 with all the applicable statutes, ordinances and regulations and
9 when the applicant has taken appropriate steps to correct
10 deficiencies, the department shall issue a provisional license
11 for a specified period of not more than six months. The
12 provisional license may be renewed three times. Upon full
13 compliance, a regular license shall be issued immediately.
14 Section 307. Term and content of license.
15 All licenses issued by the department under this act shall
16 expire one year next following the day on which issued, shall be
17 on a form prescribed by the department, shall not be
18 transferred, shall be issued to the person only for the premises
19 and for the personal care facility named in the application, and
20 shall specify the maximum number of individuals who may be cared
21 for in the personal care facility at any one time. The license
22 shall at all times be posted in a conspicuous place on the
23 applicant's premises.
24 Section 308. Right to enter and inspect.
25 For the purpose of determining the suitability of the
26 applicant and of the premises or whether or not any premises in
27 fact qualifies as a personal care facility or the continuing
28 conformity of a licensee to this act and to the applicable
29 regulations, an authorized agent of the department shall have
30 the right to enter, visit and inspect a personal care facility
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1 licensed or required to be licensed under this act and shall
2 have full and free access to the records of the personal care
3 facility and to the individuals therein and full opportunity to
4 interview, inspect or examine those individuals.
5 Section 309. Records.
6 A person licensed under this act to maintain and operate a
7 personal care facility shall keep the records and make the
8 reports required by the department.
9 Section 310. Refusal to issue license; revocation; notice.
10 (a) Notice of violation.--Whenever the department, upon
11 inspection or investigation, learns of a violation of this act
12 or of regulations adopted by the department pursuant to this
13 act, the department shall give written notice of the violation
14 to the offending person. The notice shall require the offending
15 person to take action to bring the personal care facility into
16 compliance with this act or with the relevant regulations within
17 a specified time.
18 (b) Refusal of license.--The department shall refuse to
19 issue a license or shall revoke a license for any of the
20 following reasons:
21 (1) Violations of or noncompliance with the provisions
22 of this act.
23 (2) Fraud or deceit in obtaining or attempting to obtain
24 a license.
25 (3) Lending, borrowing or using the license of another,
26 or in any way knowingly aiding or abetting the improper
27 granting of a license.
28 (4) Gross incompetence, negligence or misconduct in
29 operating the personal care boarding home.
30 (5) Mistreating or abusing individuals cared for in the
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1 personal care facility.
2 (6) Misusing or confiscating resident's income or
3 assets.
4 (c) Written notice of refusal.--Whenever the department
5 revokes or refuses to issue a license, it shall give written
6 notice of its action by certified mail. The notice shall specify
7 the reason for the refusal or revocation.
8 Section 311. Penalty.
9 A personal care facility found to be operating without a
10 license shall be assessed a penalty of $1,000. If, after 30
11 days, an operator of a personal care facility cited for
12 operating without a license fails to file an application for a
13 license, the department shall assess an additional $50 for each
14 resident for each day in which the facility fails to make
15 application.
16 Section 312. Actions against violations of law and rules and
17 regulations.
18 When a person violates the laws of this Commonwealth
19 pertaining to the licensing of a personal care facility or the
20 rules and regulations adopted pursuant to those laws, the
21 department, upon the advice of the Attorney General, may
22 maintain an action in the name of the Commonwealth for an
23 injunction or other process restraining or prohibiting the
24 person from engaging in that activity.
25 Section 313. Venue.
26 An action authorized under the provisions of this chapter
27 shall be instituted in the court of common pleas in the county
28 where the alleged unauthorized activity is committed.
29 Section 314. Injunction or restraining order when appeal is
30 pending.
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1 Whenever the department refuses to grant or renew or revokes
2 a license required by law to operate a personal care facility,
3 or orders the person to refrain from conduct violating the rules
4 and regulations of the department, and the person deeming
5 himself aggrieved by the refusal, revocation or order shall have
6 appealed the action of the department, the court may issue a
7 restraining order or injunction during pendency of the appeal
8 upon proof that the operator of the facility has failed to
9 comply with the order of the department and that conditions in
10 the facility adversely affect the well-being and safety of the
11 residents.
12 Section 315. Injunction or restraining order when no appeal is
13 pending.
14 Should a person who is refused a license or the renewal of a
15 license to operate a personal care facility, or whose license to
16 operate a personal care facility is revoked, or who has been
17 ordered to refrain from conduct or activity which violates the
18 rules and regulations of the department, fail to appeal or
19 should an appeal be decided finally in favor of the department,
20 then the court shall issue a permanent injunction upon proof
21 that the person is operating a personal care facility without a
22 license as required by law or has continued to violate the rules
23 and regulations of the department.
24 CHAPTER 4
25 VIOLATIONS OF REGULATIONS
26 Section 401. Classification of violations.
27 The department shall classify each violation of its
28 regulations on personal care facilities or any violation of the
29 rules and regulations of any other State agency or local
30 ordinance or regulation into one of the following categories:
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1 (1) Class I. A violation which indicates a substantial
2 probability that death or serious mental or physical harm to
3 any resident will result.
4 (2) Class II. A violation which has an adverse effect
5 upon the health, safety or well-being of any resident.
6 (3) Class III. A de minimis violation which has no
7 adverse effect upon the health, safety or well-being of any
8 resident.
9 Section 402. Penalties.
10 (a) Assessment.--The department shall assess a penalty for
11 each violation of the regulations. Penalties shall be assessed
12 on a daily basis from the date on which a citation was issued
13 until the date such violation is corrected.
14 (b) Class I violation.--The department shall assess a
15 penalty of $50 per resident per day for each Class I violation.
16 (c) Class II violation.--The department shall assess a
17 penalty of $10 per resident per day for each Class II violation.
18 (d) Class III violation.--There shall be no monetary penalty
19 for Class III violations.
20 (e) Deposit of money.--Money collected by the department
21 under this section shall be placed in a special restricted
22 receipt account and shall be first used to defray the expenses
23 incurred by residents relocated under section 404. Any moneys
24 remaining in this account shall annually be remitted to the
25 department for enforcing the provisions of this chapter.
26 Section 403. Revocation or nonrenewal of license.
27 (a) Temporary revocation.--
28 (1) The department shall temporarily revoke the license
29 of a personal care facility if, without good cause, one or
30 more Class I violations remain uncorrected 24 hours after the
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1 personal care facility has been cited for such violation or
2 if, without good cause, one or more Class II violations
3 remain uncorrected 15 days after the facility has been cited
4 for such violation.
5 (2) Upon the revocation of a license pursuant to this
6 subsection, the department may relocate all residents.
7 (3) The revocation shall terminate upon the
8 determination that the violations are corrected.
9 (4) If, after three months, the violations remain
10 uncorrected, the license of the personal care facility shall
11 be permanently revoked.
12 (b) Additional power.--The power of the department to revoke
13 or refuse to renew or issue a license pursuant to this section
14 is in addition to the powers and duties of the department
15 pursuant to section 310.
16 (c) Term.--Any licenses revoked or not renewed pursuant to
17 this section shall be for a minimum period of five years.
18 (d) Effect.--No provider of a personal care facility for
19 adults who has had a license revoked or not renewed pursuant to
20 this section shall be allowed to operate or staff or hold an
21 interest in a facility that applies for a license for a period
22 of five years after such revocation or nonrenewal.
23 Section 404. Relocation of residents.
24 (a) Relocation.--The department, in cooperation with
25 appropriate local authorities, shall relocate residents from a
26 personal care facility for adults if any of the following
27 conditions exists:
28 (1) One or more Class I violations remain uncorrected 24
29 hours after the personal care boarding home has been cited
30 for such violation.
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1 (2) One or more Class II violations remain uncorrected
2 15 days after the personal care boarding home has been cited
3 for such violations.
4 (3) The home is operating without a license.
5 (4) The licensee is voluntarily closing a home and
6 relocation is necessary for the health and welfare of the
7 resident or residents.
8 (b) Offer to relocate.--The department, in cooperation with
9 local agencies, shall offer relocation assistance to residents
10 relocated under this section. A resident shall be provided
11 written notice of the relocation and shall be involved in
12 planning his transfer to another placement and shall have the
13 right to choose among the available alternative placements,
14 except that, if an emergency situation makes prior resident
15 involvement impossible, the agency, in cooperation with
16 appropriate local authorities, may make a temporary placement
17 until a final placement can be arranged. Residents shall be
18 provided with an opportunity to visit alternatives before
19 relocation or following temporary emergency relocation.
20 Residents may choose their final alternative placement and shall
21 be given assistance in transferring to such place.
22 CHAPTER 5
23 MISCELLANEOUS
24 Section 501. Transfers.
25 All records, appropriations, employees, files and enforcement
26 actions taken by or relating to personal care facilities in the
27 Department of Public Welfare shall be transferred to the
28 Department of Health.
29 Section 502. Licenses and regulations.
30 All licenses issued to personal care facilities shall be
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1 valid until expiration. All regulations promulgated by the
2 Department of Public Welfare shall remain in effect until
3 changed by the department.
4 Section 503. Consultation with Department of Labor and
5 Industry.
6 The department shall consult with the Department of Labor and
7 Industry in developing appropriate life safety code standards
8 for two levels of care for personal care facilities. The
9 Department of Labor and Industry shall certify that personal
10 care facilities are in full compliance with appropriate life
11 safety code standards prior to operation and every two years
12 after licensure.
13 Section 504. Repeals.
14 (a) Partial.--Article X of the act of June 13, 1967 (P.L.31,
15 No.21), known as the Public Welfare Code, is repealed as to
16 personal care boarding homes.
17 (b) General.--All acts and parts of acts are repealed
18 insofar as they are inconsistent with this act.
19 Section 505. Effective date.
20 This act shall take effect January 1, 1988, or immediately,
21 whichever is later.
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