PRINTER'S NO. 1291
No. 1174 Session of 1993
INTRODUCED BY KUKOVICH, VEON, CAWLEY, FREEMAN, SURRA, BELARDI,
COY, GIGLIOTTI, TRELLO, STISH, MELIO, VANCE, CAPPABIANCA,
BELFANTI, JOSEPHS, PISTELLA, CURRY, KING, BLAUM, DeLUCA,
LAUGHLIN, HALUSKA, STURLA, McCALL, BATTISTO, DALEY, FAJT,
PESCI, LAUB, CORRIGAN, MUNDY, E. Z. TAYLOR, KASUNIC, HERMAN,
STEELMAN, TIGUE, BISHOP, WILLIAMS, TRICH, ROONEY, KIRKLAND
AND HUGHES, APRIL 19, 1993
REFERRED TO COMMITTEE ON HEALTH AND WELFARE, APRIL 19, 1993
AN ACT
1 Establishing a program to provide certain personal assistance
2 services to adolescents; and further providing for the powers
3 and duties of the Department of Public Welfare.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Short title.
7 This act shall be known and may be cited as the Personal
8 Assistance Services for Children with Physical Disabilities Act.
9 Section 2. Definitions.
10 The following words and phrases when used in this act shall
11 have the meanings given to them in this section unless the
12 context clearly indicates otherwise:
13 "Department." The Department of Public Welfare of the
14 Commonwealth.
15 "Eligible child." A child who is physically disabled and
16 mentally alert, who is at least 11 years of age but less than 18
1 years of age, and who meets the following requirements:
2 (1) Experiences a medical determinable physical
3 impairment which can be expected to last for a continuous
4 period of not less than 12 months.
5 (2) Because of physical impairment, requires assistance
6 to complete functions of daily living, self-care and
7 mobility, including, but not limited to, those functions
8 included in the definition of "personal assistance services."
9 "Emergency respite services." Services that require
10 immediate action to alleviate a potentially harmful, damaging or
11 family emergency situation. Services in this category may not be
12 provided in excess of 48 hours.
13 "Personal assistance services." Consumer-directed basic and
14 ancillary services which enable a person with a physical
15 disability to live at home and carry out functions of daily
16 living, self care and mobility. Personal assistance services
17 include, but are not limited to:
18 (1) Assisting with getting in and out of a bed,
19 wheelchair and motor vehicle.
20 (2) Assisting with performing routine daily functions
21 such as health maintenance activities, bathing and personal
22 hygiene activities, dressing and grooming, preparing food and
23 eating it and cleaning up after mealtimes.
24 (3) Providing companion-type services such as reading
25 and writing letters, tutoring and running errands.
26 (4) Providing transportation.
27 (5) Providing emergency respite, planned respite and
28 temporary respite services.
29 "Personal assistant." An individual other than a family
30 member who provides personal assistance services to an eligible
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1 child.
2 "Planned respite services." Services that provide regularly
3 scheduled support on a long-term basis by periodically relieving
4 the family from the 24-hour, seven days a week responsibilities
5 for caring for an eligible child with a long-term physical
6 disability. Services in this category may not be provided in
7 excess of 20 hours a week.
8 "Secretary." The Secretary of Public Welfare of the
9 Commonwealth.
10 "Temporary respite services." Services that are needed on a
11 short-term basis to alleviate stress and to assist a family to
12 cope with an immediate problem such as a birth or death in the
13 family or a temporary illness. Services in this category may not
14 be provided in excess of one week.
15 Section 3. Services for Children with Physical Disabilities
16 Program.
17 (a) Establishment.--The Services for Children with Physical
18 Disabilities, hereby established, shall be developed and
19 administered by the department. It shall consist of personal
20 assistance services for eligible children.
21 (b) Provider proposals.--Potential providers shall submit
22 proposals to provide personal assistance. Proposals shall be
23 submitted to the department in the form and manner it requires.
24 (c) Selection criteria.--In selecting providers, the
25 department shall give highest priority to proposals which will
26 serve children with severe physical disabilities and children at
27 greatest risk of receiving an out-of-home placement or of being
28 institutionalized. The department may establish other criteria
29 by regulation.
30 (d) Agreements with providers.--The department may enter
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1 into written agreements with providers who will provide personal
2 assistance services to eligible children.
3 (e) Terms of agreement.--An agreement between a provider and
4 the department shall establish, at a minimum, the following:
5 (1) The number of clients to be served.
6 (2) The types of personal assistance services to be
7 provided.
8 (3) The cost of services.
9 (4) The method of payment.
10 (5) The criteria to be employed in evaluating the
11 provision of services.
12 (f) Participation.--Providers shall include when
13 appropriate, the families of eligible children in the planning,
14 start-up, delivery and administration of personal assistance
15 services and training of personal assistants. Families and
16 children who are clients may engage in hiring, managing and
17 firing personal assistants.
18 (g) Consumer assessment reports.--The department shall
19 determine eligibility and the need for personal assistance
20 services. The determination shall be based on consumer
21 assessment reports filed by eligible children's advocates and by
22 providers.
23 (h) Waiting list.--The department, in conjunction with
24 providers, shall develop a waiting list for eligible children
25 who cannot be served immediately. The waiting list shall be
26 based on who needs services most.
27 Section 4. Funding.
28 (a) Use of funds.--Funds made available under this act shall
29 be used only for the planning, designing, delivering and
30 administering of personal assistance services and training of
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1 personal assistants.
2 (b) Federal and private funds.--Programs for personal
3 assistance services shall use Federal funds where possible,
4 including, but not limited to, early periodic screening
5 diagnosis and treatment funding available for children who are
6 eligible for medical assistance under Title XIX of the Social
7 Security Act (49 Stat. 620, 42 U.S.C. § 301 et seq.). The
8 department shall apply for and use, subject to specific
9 appropriation by the General Assembly, all Federal funds which
10 become available to carry out a program of personal assistance
11 services. The department shall use private funds which become
12 available to carry out a program of personal assistance
13 services.
14 (c) Program fee schedule.--The department shall develop a
15 sliding fee schedule for personal assistance services for
16 eligible children.
17 (d) Disbursement of funds.--The department shall disburse
18 funds in a manner that ensures, to the extent of available
19 funds, equitable distribution of service among eligible children
20 with need for personal assistance services and among various
21 regions of this Commonwealth.
22 (e) Availability of services.--Personal assistance services
23 shall be available only to the extent that they are funded
24 through annual appropriation of Federal and State funds and
25 program fees.
26 Section 5. Demonstration projects.
27 The department may initiate demonstration projects to test
28 new ways of providing personal assistance services, as well as
29 conduct specific research into ways to best provide personal
30 assistance services in both urban and rural environments.
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1 Section 6. Rules or regulations.
2 The department shall promulgate the rules or regulations
3 necessary for the effective administration of any programs
4 within the Services for Children with Physical Disabilities
5 Program. The regulations shall encourage in-home care and client
6 control of the personal assistance services which are provided.
7 Section 7. Report.
8 Prior to June 30, 1994, the secretary shall submit a report
9 to the legislative committees having jurisdiction over
10 appropriations and the legislative committees having
11 jurisdiction over health and welfare service. This report shall
12 include at least the following information regarding personal
13 assistance services:
14 (1) A summary of the personal assistance services
15 provided under this act, including, but not limited to, a
16 description of service models utilized, costs by service
17 model, unit of service and per eligible child and eligible
18 child demographics.
19 (2) Recommendations regarding the direction of and
20 funding priorities for attendant care services for fiscal
21 years 1993-1994 and 1994-1995.
22 Section 8. Effective date.
23 This act shall take effect July 1, 1993.
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