PRIOR PRINTER'S NOS. 2413, 3088 PRINTER'S NO. 3705
No. 1930 Session of 1999
INTRODUCED BY SCHULER, PISTELLA, E. Z. TAYLOR, GEORGE, BAKER,
ARGALL, BROWNE, CURRY, DALEY, DeLUCA, FRANKEL, FREEMAN,
GEIST, GODSHALL, GRUCELA, LAWLESS, LEDERER, LEH, LYNCH,
MAITLAND, MARSICO, S. MILLER, NAILOR, RAMOS, RUBLEY, SATHER,
SEMMEL, SHANER, B. SMITH, STEELMAN, STERN, STURLA, J. TAYLOR,
THOMAS, TRELLO, TRUE, VANCE, WALKO, WILT, YOUNGBLOOD,
YUDICHAK, WILLIAMS, FLICK, SAYLOR, BARD AND WATERS,
OCTOBER 6, 1999
AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 12, 2000
AN ACT
1 Requiring the Department of Public Welfare to develop and <--
2 implement a State plan for regulating and licensing assisted
3 living residences and for coordination with other State and
4 local agencies having statutory duties relating to assisted
5 living residences and providers of assisted living services;
6 providing for the Intra-Governmental Council on Long-Term
7 Care, for appeals and for relocation; and prescribing
8 penalties.
9 The General Assembly finds and declares as follows:
10 (1) Assisted living is a rapidly growing long-term care
11 alternative across the nation.
12 (2) Assisted living is a combination of housing and
13 services as needed. It is extremely popular with the general
14 public because it allows people to age in place, maintain
15 their independence and exercise decision making and personal
16 choice.
17 (3) Consumers continue to say that the three things they
1 want most are to stay independent and live at home as long as
2 possible; respect and dignity for the individual; and a
3 choice of options for long-term care and services.
4 (4) In Pennsylvania, assisted living is a private market
5 phenomenon. There is no uniform assisted living definition;
6 no required public oversight of entities which hold
7 themselves out as providing assisted living, although many
8 are licensed as personal care homes; no uniform way of
9 assuring assisted living quality; and limited access to
10 assisted living except for persons with higher incomes.
11 (5) It is in the best interest of all Pennsylvanians
12 that a system of licensure and regulation be established for
13 assisted living residences and providers of assisted living
14 services in order to ensure accountability and a balance of
15 availability between institutional and home and community-
16 based long-term care for older persons and persons with
17 disabilities.
18 PROVIDING FOR THE LICENSURE AND REGULATION OF ADULT LIVING <--
19 RESIDENCES; CONFERRING POWERS AND DUTIES ON THE DEPARTMENT OF
20 PUBLIC WELFARE; AND PROVIDING FOR PENALTIES.
21 TABLE OF CONTENTS
22 SECTION 1. SHORT TITLE.
23 SECTION 2. DEFINITIONS.
24 SECTION 3. (RESERVED)
25 SECTION 4. POWERS AND DUTIES OF COMMONWEALTH DEPARTMENTS.
26 SECTION 5. RULES AND REGULATIONS.
27 SECTION 6. (RESERVED)
28 SECTION 7. LICENSE REQUIRED.
29 SECTION 8. APPLICATION FOR LICENSE.
30 SECTION 9. ISSUANCE OF LICENSES.
31 SECTION 10. (RESERVED)
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1 SECTION 11. (RESERVED)
2 SECTION 12. RIGHT TO ENTER AND INSPECT.
3 SECTION 13. (RESERVED)
4 SECTION 14. (RESERVED)
5 SECTION 15. (RESERVED)
6 SECTION 16. IMMOBILE PERSONS.
7 SECTION 17. VIOLATIONS.
8 SECTION 18. REASONS FOR DENIAL, NONRENEWAL OR REVOCATION OF A
9 LICENSE.
10 SECTION 19. LICENSURE APPEALS.
11 SECTION 20. EFFECT OF DEPARTMENTAL ORDERS.
12 SECTION 21. ACTIONS AGAINST VIOLATIONS OF LAW AND REGULATIONS.
13 SECTION 22. INJUNCTION OR RESTRAINING ORDER WHEN APPEAL IS
14 PENDING.
15 SECTION 23. (RESERVED)
16 SECTION 24. (RESERVED)
17 SECTION 25. (RESERVED)
18 SECTION 26. SEVERABILITY.
19 SECTION 27. REPEAL.
20 SECTION 28. EFFECTIVE DATE.
21 The General Assembly of the Commonwealth of Pennsylvania
22 hereby enacts as follows:
23 Section 1. Short title. <--
24 This act shall be known and may be cited as the Assisted
25 Living Licensing Act.
26 Section 2. Definitions.
27 The following words and phrases when used in this act shall
28 have the meanings given to them in this section unless the
29 context clearly indicates otherwise:
30 "Adult." A person who is 18 years of age or older.
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1 "Aging in place." The process of providing increased or
2 adjusted services to a consumer to compensate for the physical
3 or mental decline that occurs with the aging process in order to
4 maximize individual dignity and independence and permit the
5 person to remain in a familiar, residential environment for as
6 long as possible. Such services may be provided through facility
7 staff, a third party, volunteers, friends or family.
8 "Area agency on aging." The single local agency designated
9 by the Department of Aging within each planning and service area
10 to administer the delivery of a comprehensive and coordinated
11 plan of social and other services and activities.
12 "Assisted living." Those services as determined and self-
13 directed by a consumer or by legal representatives that permit
14 and assist the consumer to live in the community. The term may
15 also include such housing assistance or residency in an assisted
16 living residence that permits consumers to safely be supported
17 in residences in which their independence, dignity and ability
18 to make choices are maintained, to the extent of their
19 capabilities.
20 "Assisted living residence." A residential setting that:
21 (1) Offers, provides or coordinates a combination of
22 personal care services, activities, 24-hour supervision and
23 assisted living services, whether scheduled or unscheduled,
24 and health-related services for consumers.
25 (2) Has a service program and physical environment
26 designed to minimize the need for consumers to move within or
27 from the setting to accommodate changing needs and
28 preferences.
29 (3) Has an organized mission, service programs and a
30 physical environment designed to maximize consumer's dignity,
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1 autonomy, privacy and independence and encourages family and
2 community involvement.
3 (4) Costs for housing and services independent of one
4 another and that provides consumers with the ability to
5 choose their service provider and the services to be
6 provided.
7 (5) Has a goal of fostering aging in place and promoting
8 consumer self-direction and active participation in decision
9 making while emphasizing an individual's privacy and dignity.
10 "Assisted living services." A combination of supportive
11 services, personal care services, personalized assistance
12 services, assistive technology and health-related services
13 designed to respond to the individual needs of those who need
14 assistance with activities of daily living and instrumental
15 activities of daily living. The term includes publicly funded
16 home-based services and community-based services available
17 through the medical assistance program and the Federal Medicaid
18 waiver program and State-funded options for home-based services
19 and community-based services funded through the Department of
20 Aging.
21 "Assistive technology." Those devices and services, whether
22 medically necessary or not, that are used to increase, maintain
23 or improve the functional capabilities of persons with
24 disabilities which may or may not be needed to permit the person
25 to live independently. The term shall include, but not be
26 limited to, reachers, adapted telephones, reading aids and other
27 nonmedical devices.
28 "Comprehensive assessment." A thorough review of a
29 consumer's status in a number of functional areas, including a
30 brief personal history. The term includes physical health,
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1 emotional health, cognitive functioning, physical functioning,
2 ability to carry out activities of daily living, informal
3 supports, environmental factors and finances.
4 "Comprehensive service plan." A plan developed to meet a
5 consumer's individual needs in a number of functional areas, as
6 a result of the comprehensive assessment. Comprehensive service
7 planning is done by an interdisciplinary team that includes the
8 consumer, the consumer's legal representative and the consumer's
9 family member.
10 "Consumer." A person who is 18 years of age or older and who
11 receives assisted living services, is in need of assisted living
12 services or lives in an assisted living residence.
13 "Department." The Department of Public Welfare of the
14 Commonwealth.
15 "Direct service staff." A person who directly assists
16 consumers with activities of daily living, provides services or
17 is otherwise responsible for the health, safety and welfare of
18 the consumers.
19 "Immobile person." An individual who is unable to move from
20 one location to another or has difficulty in understanding and
21 carrying out instructions without the continued full assistance
22 of other persons or is incapable of independently operating a
23 device such as a wheelchair, prosthesis, walker or cane to exit
24 a building.
25 "Long-term care ombudsman." An agent of the Department of
26 Aging who investigates and seeks to resolve complaints made by
27 or on behalf of older individuals or adults with disabilities
28 who are consumers of assisted living services, pursuant to
29 section 2203-A of the act of April 9, 1929 (P.L.177, No.175),
30 known as The Administrative Code of 1929, which complaints may
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1 relate to action, inaction or decisions of providers of assisted
2 living services or residences or of public agencies or of social
3 service agencies, or their representatives, and which may
4 adversely affect the health, safety, welfare, interests,
5 preferences or rights of consumers.
6 "Options." The Long-Term Care Pre-Admission Assessment
7 Program and the community services for nursing facility
8 eligibility program administered by the Department of Aging and
9 operated by the area agencies on aging.
10 "Personal care home." A premise in which food, shelter and
11 personal assistance or supervision are provided for a period
12 exceeding 24 hours for four or more consumers who are not
13 relatives of the operator, who do not require the services in or
14 of a licensed long-term care facility, but who do require
15 assistance or supervision in such matters as dressing, bathing,
16 diet, financial management, evacuation of a residence in the
17 event of an emergency or medication prescribed for self-
18 administration.
19 Section 3. State plan for regulating and licensing assisted
20 living residences and providers of assisted
21 living services.
22 (a) Development.--In accordance with the statutory authority
23 and responsibility vested in the department to regulate and
24 license personal care homes pursuant to Articles IX and X of the
25 act of June 13, 1967 (P.L.31, No.21), known as the Public
26 Welfare Code, the department shall develop and implement a State
27 plan for regulating and licensing assisted living residences and
28 for coordination with other State and local agencies having
29 statutory responsibilities relating to assisted living
30 residences and providers of assisted living services.
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1 (b) Considerations for development.--In developing rules and
2 regulations for the State plan, the department shall:
3 (1) Develop standards for licensing as an assisted
4 living residence any premises in which food, shelter and
5 personal assistance or supervision are provided for a period
6 exceeding 24 hours for four or more consumers who are not
7 relatives of the operator and have contracted for such
8 services.
9 (2) Require personal care homes currently licensed by
10 the department to come into compliance with department rules
11 and regulations and to obtain a license as an assisted living
12 residence within three years from the effective date of this
13 act.
14 (3) Within 90 days of the effective date of this act,
15 adopt rules relating to the conduct of owners and employees
16 of assisted living residences relative to the endorsement or
17 delivery of public or private welfare, pension or insurance
18 checks by a consumer of an assisted living residence.
19 (4) Not regulate or require the registration of boarding
20 homes which merely provide room, board and laundry services
21 to persons who do not need assisted living services.
22 (c) Publication of preliminary State plan.--Within three
23 months of the effective date of this act, the department shall
24 submit to the Aging and Youth Committee of the Senate and the
25 Aging and Youth Committee of the House of Representatives for
26 comment and review, and publish in the Pennsylvania Bulletin in
27 accordance with the provisions of the act of July 31, 1968
28 (P.L.769, No.240), referred to as the Commonwealth Documents
29 Law, relating to the publication of regulations, a preliminary
30 State plan for regulating and licensing assisted living
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1 residences.
2 (d) Contents of preliminary State plan.--The preliminary
3 plan shall include, but is not limited to, the following:
4 (1) Coordination of the department's statutory
5 responsibilities with those of other State and local agencies
6 having statutory responsibilities relating to assisted living
7 residences and providers of assisted living services, with
8 particular attention given to the Department of Aging, the
9 Department of Health and the Department of Labor and
10 Industry.
11 (2) Recommendations for changes in existing State law
12 and proposed legislation to:
13 (i) Resolve inconsistencies that hinder the
14 department's implementation of the State plan.
15 (ii) Promote the cost efficiency and effectiveness
16 of visitations and inspections.
17 (iii) Delegate to other State and local agencies
18 responsibility for visitations, inspections, referral,
19 placement and protection of consumers residing in
20 assisted living residences or receiving assisted living
21 services from a provider of assisted living services.
22 (iv) Evaluate the State's fire and panic laws as
23 applied to assisted living residences.
24 (v) Establish fees for licensure of assisted living
25 residences.
26 (vi) Create a uniform standard policy for the
27 discharge of a consumer from an assisted living
28 residence, which policy shall include, at a minimum,
29 advance notice provisions for the consumer.
30 (3) Recommendations for implementation of fire and
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1 safety and consumer care standards relating to assisted
2 living residences by cities of the first class, second class
3 and second class A.
4 (4) A programmatic and fiscal impact statement regarding
5 the effect of the State plan on existing residential programs
6 for the disabled, including, but not limited to, skilled
7 nursing homes, intermediate care facilities, domiciliary care
8 homes, adult foster care homes, community living arrangements
9 for the mentally retarded and group homes for the mentally
10 ill and the effect of the plan on recipients of supplemental
11 security income.
12 (5) A cost analysis of the entire State plan and of all
13 regulations that will be proposed pursuant to the State plan.
14 (6) The number of personnel at the State, regional and
15 county level required to inspect assisted living residences
16 and monitor and enforce final rules and regulations adopted
17 by the department.
18 (7) A process for relocating consumers of assisted
19 living residences whose health and safety are in imminent
20 danger.
21 (e) Regulations by other departments.--No later than one
22 year from the effective date of this act:
23 (1) The Department of Labor and Industry shall
24 promulgate rules and regulations applicable to assisted
25 living residences on a Statewide basis consistent with size
26 distinctions set forth in the act of November 10, 1999
27 (P.L.491, No.45), known as the Pennsylvania Construction Code
28 Act, pertaining to construction and means of egress. The
29 regulations shall apply to all assisted living residences not
30 currently licensed by the Department of Public Welfare as a
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1 personal care home. Assisted living residences currently
2 holding a personal care home license in good standing from
3 the Department of Public Welfare shall have three years from
4 the effective date of this act to comply with Department of
5 Labor and Industry rules and regulations applicable to
6 assisted living residences.
7 (2) The Department of Health shall promulgate rules and
8 regulations to establish a system of licensure applicable to
9 all assisted living service providers who are not already
10 licensed by that department.
11 (3) The Department of Aging shall promulgate rules and
12 regulations to extend regulations promulgated under the act
13 of November 6, 1987 (P.L.381, No.79), known as the Older
14 Adult Protective Services Act, to assisted living residences
15 and assisted living service providers and the consumers
16 thereof.
17 (f) Phase in of plan.--If the department deems that it is in
18 the best interest of the Commonwealth to implement the State
19 plan on a phase-in basis, the department shall submit a detailed
20 schedule of the phase-in plan to the Aging and Youth Committee
21 of the Senate and the Aging and Youth Committee of the House of
22 Representatives, which shall be a part of the preliminary State
23 plan.
24 (g) Final State plan.--Within six months of the effective
25 date of this act, the department shall adopt a final State plan
26 which shall be submitted and published in the same manner as the
27 preliminary State plan.
28 (h) Contents of final State plan.--The final State plan
29 shall include the information required in the preliminary State
30 plan and, in addition, the cost to operators of assisted living
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1 residences for compliance with the regulations and to providers
2 of assisted living services for compliance with regulations, in
3 accordance with this section.
4 (i) Publication of changes to State plan.--
5 (1) Except as provided in paragraph (2), at no time may
6 the department change, alter, amend or modify the final State
7 plan without first publishing such change in the Pennsylvania
8 Bulletin in accordance with the Commonwealth Documents Law
9 relating to publication of regulations and without first
10 submitting the proposed change to the Aging and Youth
11 Committee of the Senate and the Aging and Youth Committee of
12 the House of Representatives for comment and review.
13 (2) In an emergency, the department may change, alter,
14 amend or modify the State plan without publishing the change
15 or submitting the change to the Aging and Youth Committee of
16 the Senate and the Aging and Youth Committee of the House of
17 Representatives, provided that within 30 days of adopting the
18 change, the department shall submit and publish the change as
19 a notice in the Pennsylvania Bulletin.
20 (j) Inapplicable to religious organizations.--The State plan
21 shall not apply to any assisted living residence operated by a
22 religious organization for the care of clergymen or other
23 persons in a religious profession.
24 (k) Other regulations.--Any regulations by the department
25 relating to the funding of residential care for the mentally ill
26 or mentally retarded adults and any regulations of the
27 Department of Aging relating to domiciliary care shall be
28 consistent with regulations established in accordance with this
29 section. Supplementary requirements otherwise authorized by law
30 may be added.
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1 (l) Annual inspections.--After initial licensure, assisted
2 living residences shall, at a minimum, be inspected annually on
3 an unannounced basis. The department shall establish criteria
4 for additional inspections as deemed necessary.
5 (m) Existing regulations.--Regulations specifically related
6 to personal care homes adopted prior to the effective date of
7 this section shall continue to be applied to an owner or
8 administrator of a personal care home until the owner or
9 administrator obtains licensure as an assisted living residence
10 pursuant to this act.
11 Section 4. Intra-Governmental Council on Long-Term Care.
12 (a) Additional members.--In addition to the members
13 appointed to the Intra-Governmental Council on Long-Term Care,
14 in accordance with section 212 of the act of June 13, 1967
15 (P.L.31, No.21), known as the Public Welfare Code, the Governor
16 shall appoint two representatives of the assisted living
17 industry, one of whom shall be an owner or administrator of a
18 licensed assisted living residence and one of whom shall be a
19 licensed provider of assisted living services.
20 (b) Recommendations to be considered.--In developing rules
21 and regulations for licensure of assisted living residences, the
22 department shall work in cooperation with the Department of
23 Aging and shall take into consideration recommendations of the
24 Intra-Governmental Council on Long-Term Care.
25 Section 5. Assisted living residence administrator.
26 (a) Appointment.--Ninety days after the effective date of
27 this act, all assisted living residences shall identify and
28 appoint an assisted living residence administrator or
29 administrators who meet, at a minimum, the qualifications
30 provided in this section.
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1 (b) Qualifications.--An assisted living residence
2 administrator shall:
3 (1) be at least 21 years of age and be of good moral
4 character; and
5 (2) have knowledge, education and training, as it
6 pertains to assisted living residences, in all of the
7 following:
8 (i) fire prevention and emergency planning;
9 (ii) first aid, medications, medical terminology and
10 personal hygiene;
11 (iii) Federal, State and local laws and regulations;
12 (iv) nutrition, food handling and sanitation;
13 (v) recreation;
14 (vi) matters relating to dementia, including normal
15 aging, cognitive, psychological and functional abilities
16 of older persons;
17 (vii) mental health issues;
18 (viii) assisted living philosophy;
19 (ix) use and benefits of assistive technology;
20 (x) team building and stress reduction for assisting
21 living residence staff;
22 (xi) working with family members;
23 (xii) awareness, identification, prevention and
24 reporting of abuse and neglect;
25 (xiii) mission and purpose of services to
26 individuals with cognitive impairments;
27 (xiv) communication skills and management of
28 behavioral challenges;
29 (xv) community resources and social services;
30 (xvi) staff supervision, budgeting, financial
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1 recordkeeping and training; or
2 (3) be a licensed nursing home administrator or personal
3 care home administrator who has completed a course of
4 instruction in the administration of an assisted living
5 residence, including instruction in all areas enumerated
6 under paragraph (2).
7 (c) Staff orientation and training.--
8 (1) The department shall promulgate regulations, not
9 later than 60 days after the effective date of this act,
10 requiring orientation and training for all direct care staff
11 in an assisted living residence, including all areas
12 enumerated under subsection (b).
13 (2) Except those items specifically oriented to
14 supervisory staff.
15 (3) Not later than 90 days after the effective date of
16 this act, the department shall, by regulation, develop such
17 standards for knowledge, education or training to meet the
18 requirements of this section.
19 (4) If not otherwise available, the department shall
20 schedule and offer at cost training and educational programs
21 for a person to meet the knowledge, educational and training
22 requirements established by this act.
23 Section 6. Appeals and masters.
24 (a) No supersedeas.--An appeal from the decision of the
25 department relating to the licensure or revocation of an
26 assisted living residence shall not act as a supersedeas, but,
27 upon cause shown and where circumstances require it, the
28 reviewing authority shall have the power to grant a supersedeas.
29 (b) Appointment of master by court.--If, without good cause,
30 one or more Class I or Class II violations as defined in section
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1 9 remain uncorrected or when the assisted living residence has
2 demonstrated a pattern of episodes of noncompliance alternating
3 with compliance over a period of at least two years such as
4 would convince a reasonable person that any correction of
5 violations would be unlikely to be maintained, the department
6 may petition the court to appoint a master designated as
7 qualified by the department to assume operation of the assisted
8 living residence at the assisted living residences expense for a
9 specified period of time or until all violations are corrected
10 and all applicable laws and regulations are complied with.
11 Section 7. Relocation.
12 (a) Conditions.--Except as provided in subsection (c), this
13 department, in conjunction with appropriate local authorities,
14 shall relocate consumers from an assisted living residence if
15 any of the following conditions exist:
16 (1) The assisted living residence is operating without a
17 license.
18 (2) The licensee is voluntarily closing an assisted
19 living residence and relocation is necessary for the health
20 and welfare of the consumers.
21 (b) Assistance.--The department shall offer relocation
22 assistance to consumers relocated under this section. Except in
23 an emergency, the consumer shall be involved in planning his
24 transfer to another placement and shall have the right to choose
25 among the available alternative placements. The department may
26 make temporary placement until final placement can be arranged.
27 Consumers shall be provided with an opportunity to visit
28 alternative placement before relocation or following temporary
29 emergency relocation. Consumers shall choose their final
30 placement and shall be given assistance in transferring to such
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1 place.
2 (c) When prohibited.--Consumers shall not be relocated
3 pursuant to this section if the department determines, in
4 writing, that such relocation is not in the best interest of the
5 consumer.
6 Section 8. Rules and regulations for assisted living
7 residences.
8 (a) Mandatory provisions.--The rules and regulations for the
9 licensing of assisted living residences promulgated by the
10 department not later than one year after the effective date of
11 this act shall provide that:
12 (1) Prior to admission to an assisted living residence
13 or the provision of assisted living services, an initial
14 standardized screening instrument shall determine the
15 appropriateness of the admission or the provision of services
16 and shall be completed for all consumers. This standardized
17 screening instrument shall be developed by the Department of
18 Public Welfare, in cooperation with the Department of Aging,
19 the Department of Health and the Intra-Governmental Council
20 on Long-Term Care. In no way shall the utilization of this
21 standardized screening instrument be in lieu of an options
22 assessment for any individual who may need publicly funded
23 services.
24 (2) In addition to the screening, a medical evaluation
25 shall be completed and signed by a physician upon admission
26 to an assisted living residence, using a form approved by the
27 Commonwealth. Thereafter, each consumer shall receive a
28 screening and an annual evaluation or an evaluation upon a
29 significant change in condition of the consumer.
30 (3) Following completion of a comprehensive assessment,
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1 an appropriately trained person at the assisted living
2 residence shall work in cooperation with an interdisciplinary
3 team that includes the consumer, the consumer's legal
4 representative or the consumer's family member to develop a
5 written comprehensive service plan consistent with the
6 consumer's unique physical and psychosocial needs with
7 recognition of the consumer's capabilities and preferences.
8 (4) Assisted living residences shall not admit a
9 consumer before a determination has been made that the needs
10 of the consumer can be met based upon:
11 (i) The completed screening instrument.
12 (ii) The medical evaluation report.
13 (iii) An interview between the assisted living
14 residence and the consumer.
15 (5) Assisted living residences shall foster aging and
16 place and promote consumer self-direction and active
17 participation in decision making while emphasizing an
18 individuals privacy and dignity.
19 (6) Assisted living residences shall permit consumers to
20 live independently in the residential environment of their
21 choice with privacy and dignity.
22 (7) Assisted living residences shall promote integration
23 of consumers into the community and participation in the
24 mainstream of activities.
25 (8) Assisted living residences shall maximize consumer
26 choice to promote and support the consumer's changing needs
27 and preferences.
28 (9) Assisted living services shall be consumer oriented
29 and meet professional standards of quality.
30 (10) An assisted living administrator shall refer a
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1 consumer whose needs cannot be met by an assisted living
2 residence for a standardized screening.
3 (11) A comprehensive service plan shall be on file for
4 each consumer and shall be strictly adhered to in the
5 provision of care and services provided to the consumer.
6 (12) Each consumer, or the consumer's legal
7 representative, shall receive an information packet at the
8 time of application which shall include the following items,
9 to be presented in a form easily understood and read by the
10 consumer:
11 (i) A copy of the assisted living residences
12 policies.
13 (ii) Advance directive information, including
14 information on the right to have or not have an advance
15 directive.
16 (iii) Information regarding licensure status.
17 (iv) Telephone numbers of the local long-term care
18 ombudsman program and the local area agency on aging.
19 (v) A copy of the assisted living consumer contract
20 used by the assisted living residence and all rates
21 charged.
22 (vi) A copy of the internal complaint resolution
23 mechanism used by the facility.
24 (vii) A disclosure stating the rights of consumers
25 under this act.
26 (viii) Information regarding the discharge policy of
27 the assisted living residence.
28 (13) Each consumer shall be provided by the
29 administrator with notice of any Class I or Class II
30 violations uncorrected after five days.
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1 (14) All consumers shall receive a standard written
2 admission contract which shall include the actual rent and
3 other charges for services provided by the assisted living
4 residence. The contract shall also include a disclosure
5 statement which shall include the following:
6 (i) that the consumer shall have 24 hours from the
7 time of presentation to sign the contract; or
8 (ii) that if the contract is signed upon
9 presentation, the consumer shall have 72 hours to rescind
10 the contract.
11 (15) A consumer shall have the right to leave and return
12 to the assisted living residence, receive visitors, have
13 access to a telephone and mail and participate in religious
14 activities.
15 (16) Assisted living residence owners, administrators or
16 employees shall be prohibited from being assigned power of
17 attorney or guardianship for any consumer.
18 (b) Immobile persons.--The department shall not prohibit
19 immobile persons who do not require the services of a licensed
20 long-term care facility, but who require assisted living
21 residence services, from residing in an assisted living
22 residence, provided that the design, construction, staffing or
23 operation of the assisted living residence allows for safe
24 emergency evacuation.
25 Section 9. Classification of violations.
26 The department shall classify each violation of its
27 regulations on assisted living residences into one of the
28 following categories:
29 (1) Class I. A violation which indicates a substantial
30 probability that death or serious mental or physical harm to
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1 a consumer may result.
2 (2) Class II. A violation which has a substantial
3 adverse effect upon the health, safety or well-being of a
4 consumer.
5 (3) Class III. A minor violation which has an adverse
6 effect upon the health, safety or well-being of a consumer.
7 Section 10. Penalties.
8 (a) Assessment.--The department shall assess a penalty for
9 each violation of this act or regulations of the department.
10 Penalties shall be assessed on a daily basis from the date on
11 which the citation was issued until the date such violation is
12 corrected except in the case of a Class II violations. In the
13 case of a Class II violation, assessment of a penalty shall be
14 suspended for a period of five days from the date of citation
15 provided that, except for good cause, the provider has corrected
16 the violation. If the violation has not been corrected within
17 the five-day period, the fine shall be retroactive to the date
18 of citation.
19 (b) Amounts.--
20 (1) The department shall assess a minimum penalty of $20
21 per consumer per day for each Class I violation.
22 (2) The department shall assess a minimum penalty of $5
23 per consumer per day, up to a maximum of $15 per consumer per
24 day, for each Class II violation.
25 (3) There shall be no monetary penalty for Class III
26 violations unless the provider fails to correct the Class III
27 violation within 15 days. Failure to correct the violation
28 within 15 days may result in an assessment of up to $3 per
29 consumer per day for each Class III violation, retroactive to
30 the date of citation.
19990H1930B3705 - 21 -
1 (4) An assisted living residence found to be operating
2 without a license shall be assessed a penalty of $500. If,
3 after 14 days, a provider of an assisted living residence
4 cited for operating without a license fails to file an
5 application for a license, the department shall assess an
6 additional $20 for each consumer for each day in which the
7 assisted living residence fails to make such application.
8 (c) Duty to pay.--
9 (1) A provider charged with a violation of this act
10 shall have 30 days to pay the assessed penalty in full, or,
11 if the provider wishes to contest either the amount of the
12 penalty or the fact of the violation, the party shall forward
13 the assessed penalty, not to exceed $500, to the department
14 for placement in an escrow account with the State Treasurer.
15 (2) If, through administrative hearing or judicial
16 review of the proposed penalty, it is determined that no
17 violation occurred or that the amount of the penalty should
18 be reduced, the secretary shall within 30 days remit the
19 appropriate amount to the provider with any interest
20 accumulated by the escrow deposit.
21 (3) Failure to forward the payment to the department
22 within 30 days shall result in a waiver of rights to contest
23 the fact of the violation or the amount of the penalty.
24 (4) The amount assessed after administrative hearing or
25 a waiver of the administrative hearing shall be payable to
26 the Commonwealth and shall be collectible in any manner
27 provided by law for the collection of debts. If any provider
28 liable to pay such penalty neglects or refuses to pay the
29 same after demand, such failure to pay shall constitute a
30 judgment in favor of the Commonwealth in the amount of the
19990H1930B3705 - 22 -
1 penalty, together with the interest and any costs that may
2 accrue.
3 (d) Deposit of penalties.--Money collected by the department
4 under this section shall be placed in a special restricted
5 receipt account and shall be first used to defray the expenses
6 incurred by consumers relocated under this act. Any moneys
7 remaining in this account shall annually be remitted to the
8 department for enforcing the provisions of this act. Fines
9 collected pursuant to this act shall not be subject to the
10 provisions of 42 Pa.C.S. § 3733 (relating to deposits into
11 account).
12 (e) Regulations.--The department shall promulgate
13 regulations necessary for the implementation of this section in
14 order to ensure uniformity and consistency in the application of
15 penalties.
16 Section 11. Revocation or nonrenewal of license.
17 (a) General rule.--
18 (1) The department shall temporarily revoke the license
19 of an assisted living residence if, without good cause, one
20 or more Class I violations remain uncorrected 24 hours after
21 the assisted living residence has been cited for such
22 violation or if, without good cause, one or more Class II
23 violations remain uncorrected 15 days after being cited for
24 violation.
25 (2) Upon the revocation of a license pursuant to this
26 subsection, all consumers shall be relocated.
27 (3) The revocation may terminate upon the departments
28 determination that its violation is corrected.
29 (4) If, after three months, the department does not
30 issue a new license for an assisted living residence license
19990H1930B3705 - 23 -
1 revoked pursuant to this section:
2 (i) Such revocation or nonrenewal pursuant to this
3 section shall be for a minimum period of five years.
4 (ii) No provider of an assisted living residence who
5 has had a license revoked or not renewed pursuant to this
6 section shall be allowed to operate or staff or hold an
7 interest in an assisted living residence that applies for
8 a license for a period of five years after such
9 revocation or nonrenewal.
10 (b) Conditions for.--The department shall revoke or refuse
11 to renew the license of an assisted living residence if, during
12 any two-year period, the assisted living residence, without good
13 cause, on two or more separate occasions has been found to have
14 violated a regulation of the department which has been
15 categorized as Class I.
16 (c) Nature of power.--The power of the department to revoke
17 or refuse to renew or issue a license pursuant to this section
18 is in addition to the powers and duties of the department
19 pursuant to section 1026 of the act of June 13, 1967 (P.L.31,
20 No.21), known as the Public Welfare Code.
21 Section 12. Annual report.
22 The Department of Public Welfare shall, after consulting with
23 the Department of Aging and the Department of Health, provide an
24 annual report to the Aging and Youth Committee of the Senate,
25 the Aging and Youth Committee of the House of Representatives
26 and to the Intra-Governmental Council on Long-Term Care which
27 shall, at a minimum, include the following information:
28 (1) The total number of assisted living residences and
29 assisted living service providers in the Commonwealth as well
30 as the numbers of residences and providers newly licensed
19990H1930B3705 - 24 -
1 within the previous year.
2 (2) Complaints received by the licensing departments,
3 the ombudsman program or to the protective services units in
4 each area agency on aging and the outcome of any
5 investigations.
6 (3) Commonwealth costs associated with the licensing,
7 inspection and payment of assisted living services.
8 (4) The availability of assisted living residences and
9 assisted living services to consumers and any barriers
10 experienced by consumers in accessing assisted living
11 residences and assisted living services.
12 (5) General profile information regarding the types of
13 consumers accessing assisted living residences and assisted
14 living services.
15 (6) The costs experienced by consumers in assisted
16 living residences and by consumers using assisted living
17 services. Upon the department's completion of such a cost
18 analysis, the cost information shall also be included as an
19 update in the department's State plan pursuant to section 3.
20 (7) Recommendations for additional legislative or
21 regulatory action to improve the quality, affordability or
22 accessibility of assisted living in this Commonwealth.
23 Section 13. Repeal.
24 All acts and parts of acts are repealed insofar as they are
25 inconsistent with this act.
26 Section 14. Effective date.
27 This act shall take effect in one year.
28 SECTION 1. SHORT TITLE. <--
29 THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE ADULT LIVING
30 RESIDENCE LICENSE ACT.
19990H1930B3705 - 25 -
1 SECTION 2. DEFINITIONS.
2 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL
3 HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
4 CONTEXT CLEARLY INDICATES OTHERWISE:
5 "ACTIVITIES OF DAILY LIVING." ACTIVITIES INCLUDING EATING,
6 BATHING, DRESSING, TOILETING, TRANSFERRING IN AND OUT OF BED OR
7 A CHAIR AND PERSONAL HYGIENE.
8 "ADULT." A PERSON WHO IS 18 YEARS OF AGE OR OLDER.
9 "ADULT LIVING RESIDENCE." A RESIDENTIAL PREMISES THAT
10 PROVIDES HOUSING, FOOD, ASSISTANCE WITH ACTIVITIES OF DAILY
11 LIVING AND SCHEDULED OR UNSCHEDULED SUPERVISION AVAILABLE ON A
12 24-HOUR BASIS, THROUGH CONTRACT FOR MORE THAN THREE ADULTS WHO
13 ARE UNRELATED TO THE OPERATOR OF THE RESIDENTIAL PREMISES AND
14 WHO DO NOT REQUIRE CARE IN A LICENSED LONG-TERM CARE NURSING
15 FACILITY AS THAT TERM IS DEFINED IN THE ACT OF JULY 19, 1979
16 (P.L.130, NO.48), KNOWN AS THE HEALTH CARE FACILITIES ACT,
17 REGARDLESS OF WHETHER THE OPERATOR PROVIDES OR ALLOWS
18 SUPPLEMENTAL SERVICES SUCH AS ADDITIONAL ASSISTANCE WITH
19 ACTIVITIES OF DAILY LIVING AND INTERMITTENT HEALTH CARE SERVICES
20 PROVIDED BY CERTIFIED, REGISTERED OR LICENSED HEALTH CARE
21 PROFESSIONALS. THE TERM SHALL INCLUDE A PERSONAL CARE HOME THAT
22 HAS A CATEGORY I LICENSE AND AN ASSISTED LIVING RESIDENCE THAT
23 HAS A CATEGORY II LICENSE. THE TERM SHALL NOT INCLUDE
24 INTERMEDIATE CARE FACILITIES EXCLUSIVELY FOR THE MENTALLY
25 RETARDED, COMMONLY REFERRED TO AS ICF/MR.
26 "ADULT LIVING RESIDENCY CONTRACT." A WRITTEN AGREEMENT, IN
27 THE FORM OF A CONTRACT OR CONTRACTS BETWEEN A PROVIDER AND A
28 CONSUMER NEEDING ADULT LIVING RESIDENCE SERVICES, REGARDING THE
29 PROVISION AND TERMS OF THOSE SERVICES.
30 "AGING IN PLACE." THE PROCESS OF PROVIDING INCREASED OR
19990H1930B3705 - 26 -
1 ADJUSTED SUPPORTIVE SERVICES TO A CONSUMER TO COMPENSATE FOR THE
2 PHYSICAL OR MENTAL DECLINE THAT OCCURS WITH THE AGING PROCESS
3 OVER TIME IN ORDER TO MAXIMIZE INDIVIDUAL DIGNITY AND
4 INDEPENDENCE AND TO PERMIT THE PERSON TO REMAIN IN A FAMILIAR,
5 LIVING ENVIRONMENT OF THE PERSON'S CHOICE FOR AS LONG AS
6 POSSIBLE, WHERE SUCH SUPPORTIVE SERVICES ARE PROVIDED BY A
7 LICENSED FACILITY OR A THIRD PARTY, IN A HOME OR COMMUNITY OR
8 THROUGH VOLUNTEERS, FRIENDS OR FAMILY.
9 "AREA AGENCY ON AGING." THE SINGLE LOCAL AGENCY DESIGNATED
10 BY THE DEPARTMENT OF AGING WITHIN EACH PLANNING AND SERVICE AREA
11 TO ADMINISTER THE DELIVERY OF A COMPREHENSIVE AND COORDINATED
12 PLAN OF SOCIAL AND OTHER SERVICES AND ACTIVITIES.
13 "ASSISTED LIVING." ACTIVITIES AS DETERMINED AND SELF-
14 DIRECTED BY A CONSUMER OR BY A LEGAL REPRESENTATIVE THAT PERMIT
15 AND ASSIST THE CONSUMER TO LIVE IN A COMMUNITY, INCLUDING SUCH
16 HOUSING ASSISTANCE OR RESIDENCY IN AN ASSISTED LIVING RESIDENCE
17 THAT PERMITS THE CONSUMER TO SAFELY BE SUPPORTED IN A RESIDENCE
18 IN WHICH THE CONSUMER'S INDEPENDENCE, DIGNITY AND ABILITY TO
19 MAKE CHOICES ARE MAINTAINED, TO THE EXTENT OF THE CONSUMER'S
20 CAPABILITIES.
21 "ASSISTED LIVING RESIDENCE." A RESIDENTIAL SETTING THAT:
22 (1) OFFERS, PROVIDES OR COORDINATES A COMBINATION OF
23 PERSONAL CARE SERVICES, RECREATION AND SOCIAL ACTIVITIES, 24-
24 HOUR SUPERVISION AND ASSISTED LIVING SERVICES, WHETHER
25 SCHEDULED OR UNSCHEDULED AND THAT COORDINATES OTHER HEALTH-
26 RELATED SERVICES FOR CONSUMERS.
27 (2) HAS A SUPPORTIVE SERVICE PROGRAM AND PHYSICAL
28 ENVIRONMENT DESIGNED TO ACCOMMODATE CHANGING NEEDS AND
29 PREFERENCES.
30 (3) HAS AN ORGANIZED MISSION, SERVICE PROGRAMS AND A
19990H1930B3705 - 27 -
1 PHYSICAL ENVIRONMENT DESIGNED TO MAXIMIZE CONSUMER DIGNITY,
2 AUTONOMY, PRIVACY AND INDEPENDENCE AND ENCOURAGES FAMILY AND
3 COMMUNITY INVOLVEMENT.
4 (4) PROVIDES THAT COSTS FOR HOUSING AND SERVICES ARE
5 INDEPENDENT OF ONE ANOTHER AND THAT PROVIDES CONSUMERS WITH
6 THE ABILITY TO CHOOSE THEIR SERVICE PROVIDER AND THE SERVICES
7 TO BE PROVIDED.
8 (5) HAS A GOAL OF FOSTERING AGING IN PLACE AND PROMOTING
9 CONSUMER SELF-DIRECTION AND ACTIVE PARTICIPATION IN DECISION
10 MAKING WHILE EMPHASIZING CONSUMER PRIVACY AND DIGNITY.
11 "ASSISTED LIVING SERVICES." A COMBINATION OF SUPPORTIVE
12 SERVICES, PERSONAL CARE SERVICES, PERSONALIZED ASSISTANCE
13 SERVICES, ASSISTIVE TECHNOLOGY AND HEALTH-RELATED SERVICES
14 DESIGNED TO RESPOND TO THE INDIVIDUAL NEEDS OF CONSUMERS WHO
15 NEED ASSISTANCE WITH ACTIVITIES OF DAILY LIVING AND INSTRUMENTAL
16 ACTIVITIES OF DAILY LIVING. THE TERMS INCLUDES PUBLICLY FUNDED
17 HOME-BASED AND COMMUNITY-BASED SERVICES AVAILABLE THROUGH THE
18 MEDICAL ASSISTANCE PROGRAM AND THE FEDERAL MEDICAID WAIVER
19 PROGRAM AND STATE-FUNDED OPTIONS FOR HOME-BASED AND COMMUNITY-
20 BASED SERVICES FUNDED THROUGH THE DEPARTMENT OF AGING AND THE
21 DEPARTMENT OF PUBLIC WELFARE.
22 "ASSISTIVE TECHNOLOGY." DEVICES AND SERVICES, WHETHER
23 MEDICALLY NECESSARY OR NOT, THAT ARE USED TO INCREASE, MAINTAIN
24 OR IMPROVE THE FUNCTIONAL CAPABILITIES OF PERSONS WITH
25 DISABILITIES WHICH MAY OR MAY NOT BE NEEDED TO PERMIT THE
26 PERSONS TO LIVE INDEPENDENTLY. THE TERM SHALL INCLUDE, BUT NOT
27 BE LIMITED TO, REACHERS, ADAPTED TELEPHONES, READING AIDS AND
28 OTHER NONMEDICAL DEVICES.
29 "BOARD." THE BOARD OF HEARINGS AND APPEALS WITHIN THE
30 DEPARTMENT OF PUBLIC WELFARE OF THE COMMONWEALTH.
19990H1930B3705 - 28 -
1 "CATEGORY I LICENSE." AN ADULT LIVING RESIDENCE LICENSE
2 ISSUED UNDER THIS ACT TO A PERSONAL CARE HOME.
3 "CATEGORY II LICENSE." AN ADULT LIVING RESIDENCE LICENSE
4 ISSUED UNDER THIS ACT TO AN ASSISTED LIVING RESIDENCE.
5 "COMPREHENSIVE ASSESSMENT." A THOROUGH REVIEW AND ANALYSIS
6 OF A CONSUMER'S FUNCTIONAL STATUS. THE TERM INCLUDES A PERSONAL
7 HISTORY, ASSESSMENT OF PHYSICAL AND EMOTIONAL HEALTH, ABILITY TO
8 CARRY OUT ACTIVITIES OF DAILY LIVING, INFORMAL SUPPORTS,
9 ENVIRONMENTAL FACTORS AND COGNITIVE FUNCTIONING, INCLUDING
10 IMMOBILITY ASSESSMENT.
11 "COMPREHENSIVE SERVICE PLAN." A PLAN DEVELOPED TO MEET A
12 CONSUMER'S INDIVIDUAL NEEDS, AS DETERMINED BY A COMPREHENSIVE
13 ASSESSMENT, AND THAT IS DEVELOPED BY AN INTERDISCIPLINARY TEAM
14 THAT INCLUDES THE CONSUMER, THE CONSUMER'S LEGAL REPRESENTATIVE
15 AND THE CONSUMER'S FAMILY MEMBER.
16 "CONSUMER." A PERSON WHO RECEIVES SERVICES IN AN ADULT
17 LIVING RESIDENCE, IS IN NEED OF ASSISTED LIVING SERVICES OR
18 PERSONAL CARE SERVICES OR LIVES IN EITHER AN ADULT LIVING
19 RESIDENCE WITH A CATEGORY I LICENSE OR A CATEGORY II LICENSE.
20 "DEPARTMENT." THE DEPARTMENT OF PUBLIC WELFARE OF THE
21 COMMONWEALTH.
22 "DIRECT SERVICE STAFF." A PERSON WHO PROVIDES SERVICES IN AN
23 ADULT LIVING RESIDENCE.
24 "IMMOBILE PERSON." AN INDIVIDUAL WHO IS UNABLE TO MOVE FROM
25 ONE LOCATION TO ANOTHER OR HAS DIFFICULTY IN UNDERSTANDING AND
26 CARRYING OUT INSTRUCTIONS WITHOUT THE CONTINUED FULL ASSISTANCE
27 OF ANOTHER PERSON OR IS INCAPABLE OF INDEPENDENTLY OPERATING A
28 DEVICE SUCH AS A WHEELCHAIR, PROSTHESIS, WALKER OR CANE TO EXIT
29 TO A POINT OF SAFETY.
30 "LICENSE." A CATEGORY I LICENSE OR A CATEGORY II LICENSE.
19990H1930B3705 - 29 -
1 "LONG-TERM CARE OMBUDSMAN." AN AGENT OF THE DEPARTMENT OF
2 AGING WHO, PURSUANT TO SECTION 2203-A OF THE ACT OF APRIL 9,
3 1929 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF
4 1929, INVESTIGATES AND SEEKS TO RESOLVE COMPLAINTS MADE BY OR ON
5 BEHALF OF OLDER INDIVIDUALS OR ADULTS WITH DISABILITIES WHO ARE
6 CONSUMERS OF ADULT LIVING RESIDENCES, WHICH COMPLAINTS MAY
7 RELATE TO ACTION, INACTION OR DECISIONS OF PROVIDERS OF ASSISTED
8 LIVING SERVICES OR RESIDENCES OR OF PERSONAL CARE HOMES OR OF
9 PUBLIC AGENCIES OR OF SOCIAL SERVICE AGENCIES OR THEIR
10 REPRESENTATIVES AND WHICH COMPLAINTS MAY ADVERSELY AFFECT THE
11 HEALTH, SAFETY, WELFARE, INTERESTS, PREFERENCES OR RIGHTS OF
12 CONSUMERS.
13 "OPTIONS." THE LONG-TERM CARE PRE-ADMISSION ASSESSMENT
14 PROGRAM AND THE COMMUNITY SERVICES FOR NURSING FACILITY
15 ELIGIBILITY PROGRAM ADMINISTERED BY THE DEPARTMENT OF AGING AND
16 OPERATED BY THE LOCAL AREA AGENCIES ON AGING.
17 "PERSONAL CARE HOME." A PREMISES IN WHICH FOOD, SHELTER AND
18 PERSONAL ASSISTANCE OR SUPERVISION ARE PROVIDED FOR A PERIOD
19 EXCEEDING 24 HOURS FOR FOUR OR MORE CONSUMERS WHO ARE NOT
20 RELATIVES OF THE OPERATOR OF THE PREMISES, WHO DO NOT REQUIRE
21 THE SERVICES IN OR OF A LICENSED LONG-TERM CARE FACILITY, BUT
22 WHO REQUIRE ASSISTANCE OR SUPERVISION IN SUCH MATTERS AS
23 DRESSING, BATHING, DIET, FINANCIAL MANAGEMENT, EVACUATION OF A
24 RESIDENCE IN THE EVENT OF AN EMERGENCY OR MEDICATION PRESCRIBED
25 FOR SELF-ADMINISTRATION.
26 "PERSONAL CARE SERVICES." ASSISTANCE OR SUPERVISION IN
27 DRESSING, BATHING, DIET, FINANCIAL MANAGEMENT OR EVACUATION OF A
28 CONSUMER IN A PERSONAL CARE HOME, IN THE EVENT OF AN EMERGENCY,
29 OR MEDICATION PRESCRIBED FOR SELF-ADMINISTRATION.
30 SECTION 3. (RESERVED)
19990H1930B3705 - 30 -
1 SECTION 4. POWERS AND DUTIES OF COMMONWEALTH DEPARTMENTS.
2 WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS ACT, THE
3 FOLLOWING COMMONWEALTH DEPARTMENTS SHALL WORK IN CONSULTATION
4 AND IN COOPERATION WITH EACH OTHER TO DEVELOP A PROGRAM OF
5 LICENSURE AND REGULATION TO GOVERN ADULT LIVING RESIDENCES IN
6 THIS COMMONWEALTH:
7 (1) THE DEPARTMENT OF PUBLIC WELFARE SHALL SERVE AS THE
8 LEAD AGENCY IN THE DEVELOPMENT AND IMPLEMENTATION OF A
9 PROGRAM FOR LICENSING AND REGULATING ADULT LIVING RESIDENCES,
10 TO INCLUDE A CATEGORY I LICENSE AND A CATEGORY II LICENSE.
11 THE DEPARTMENT SHALL COORDINATE WITH OTHER STATE AND LOCAL
12 AGENCIES HAVING STATUTORY RESPONSIBILITIES RELATING TO ADULT
13 LIVING RESIDENCES AND PROVIDERS OF ASSISTED LIVING SERVICES.
14 (2) THE DEPARTMENT OF AGING SHALL FORMULATE
15 RECOMMENDATIONS FOR CHANGES IN EXISTING STATE LAW AND
16 REGULATIONS TO EXTEND PROVISIONS OF THE ACT OF NOVEMBER 6,
17 1987 (P.L.381, NO.79), KNOWN AS THE OLDER ADULTS PROTECTIVE
18 SERVICES ACT, TO ADULT LIVING RESIDENCES AND THE CONSUMERS
19 THEREOF.
20 (3) THE DEPARTMENT OF HEALTH SHALL FORMULATE
21 RECOMMENDATIONS FOR CHANGES IN EXISTING STATE LAW AND
22 REGULATIONS TO ESTABLISH A SYSTEM OF LICENSURE APPLICABLE TO
23 PROVIDERS OF ASSISTED LIVING SERVICES WHO ARE NOT ALREADY
24 LICENSED BY THAT DEPARTMENT. SUCH SYSTEM MAY INCLUDE
25 ASSESSMENT OF A LICENSURE FEE.
26 (4) THE DEPARTMENT OF LABOR AND INDUSTRY SHALL
27 PROMULGATE RULES AND REGULATIONS APPLICABLE TO ASSISTED
28 LIVING RESIDENCES IN ACCORDANCE WITH THE ACT OF NOVEMBER 10,
29 1999 (P.L.491, NO.45), KNOWN AS THE PENNSYLVANIA CONSTRUCTION
30 CODE ACT, AND IN ACCORDANCE WITH THIS SECTION. THE
19990H1930B3705 - 31 -
1 REGULATIONS SHALL APPLY TO ALL ASSISTED LIVING RESIDENCES NOT
2 CURRENTLY LICENSED BY THE DEPARTMENT OF PUBLIC WELFARE AS A
3 PERSONAL CARE HOME AND TO ALL PERSONAL CARE HOMES MAKING AN
4 APPLICATION TO THE DEPARTMENT FOR A CATEGORY II LICENSE. A
5 PERSONAL CARE HOME MAKING AN APPLICATION FOR A CATEGORY II
6 LICENSE SHALL HAVE THREE YEARS FROM THE EFFECTIVE DATE OF
7 THIS ACT TO COMPLY WITH THE DEPARTMENT OF LABOR AND INDUSTRY
8 RULES AND REGULATIONS UNDER THIS ACT.
9 SECTION 5. RULES AND REGULATIONS.
10 THE DEPARTMENT SHALL PROMULGATE RULES AND REGULATIONS FOR
11 ADULT LIVING RESIDENCES THAT:
12 (1) PROVIDE THAT ANY REGULATIONS SPECIFICALLY RELATED TO
13 PERSONAL CARE HOMES, ADOPTED PRIOR TO THE EFFECTIVE DATE OF
14 THIS ACT, SET FORTH IN 55 PA. CODE CH. 2620 (RELATING TO
15 PERSONAL CARE HOME LICENSING), AND PROMULGATED IN ACCORDANCE
16 WITH THE ACT OF JUNE 13, 1967 (P.L.31, NO.21), KNOWN AS THE
17 PUBLIC WELFARE CODE, SHALL CONTINUE TO BE APPLIED TO AN OWNER
18 OR ADMINISTRATOR OF A PERSONAL CARE HOME UNDER A CATEGORY I
19 LICENSE. THE DEPARTMENT SHALL ENSURE CONSISTENCY BETWEEN SUCH
20 CURRENTLY EXISTING REGULATIONS GOVERNING PERSONAL CARE HOMES
21 AND ANY REGULATIONS PROMULGATED IN ACCORDANCE WITH THIS ACT.
22 (2) DEVELOP STANDARDS FOR A CATEGORY II LICENSE FOR ANY
23 PREMISES IN WHICH FOOD, SHELTER AND PERSONAL ASSISTANCE OR
24 SUPERVISION ARE PROVIDED FOR A PERIOD EXCEEDING 24 HOURS FOR
25 FOUR OR MORE CONSUMERS WHO ARE NOT RELATIVES OF THE OPERATOR
26 AND HAVE CONTRACTED FOR SUCH SERVICES.
27 (3) REQUIRE PERSONAL CARE HOMES LICENSED BY THE
28 DEPARTMENT PRIOR TO THE EFFECTIVE DATE OF THIS ACT AND THAT
29 INTEND TO OBTAIN A CATEGORY II LICENSE TO COME INTO
30 COMPLIANCE WITH DEPARTMENT RULES AND REGULATIONS AND TO
19990H1930B3705 - 32 -
1 OBTAIN A CATEGORY II LICENSE AS AN ASSISTED LIVING RESIDENCE
2 NO LATER THAN THREE YEARS AFTER THE EFFECTIVE DATE OF THIS
3 ACT.
4 (4) WITHIN 90 DAYS OF THE EFFECTIVE DATE OF THIS ACT,
5 ADOPT RULES RELATING TO THE CONDUCT OF OWNERS AND EMPLOYEES
6 OF ASSISTED LIVING RESIDENCES RELATIVE TO THE ENDORSEMENT OR
7 DELIVERY OF PUBLIC OR PRIVATE WELFARE, PENSION OR INSURANCE
8 CHECKS BY A CONSUMER OR AN ASSISTED LIVING RESIDENCE.
9 (5) EXEMPT FROM REGULATION UNDER THIS ACT BOARDING HOMES
10 WHICH MERELY PROVIDE ROOM, BOARD AND LAUNDRY SERVICES TO
11 PERSONS WHO DO NOT NEED ADULT LIVING RESIDENCE SERVICES.
12 (6) PROMOTE THE COST EFFICIENCY AND EFFECTIVENESS OF
13 VISITATIONS AND INSPECTIONS.
14 (7) DELEGATE TO OTHER STATE AND LOCAL AGENCIES
15 RESPONSIBILITY FOR VISITATIONS, INSPECTIONS, REFERRAL,
16 PLACEMENT AND PROTECTION OF CONSUMERS RESIDING IN ADULT
17 LIVING RESIDENCES OR RECEIVING ASSISTED LIVING SERVICES FROM
18 A PROVIDER OF ASSISTED LIVING SERVICES.
19 (8) EVALUATE THE STATE'S FIRE AND PANIC LAWS AS APPLIED
20 TO ADULT LIVING RESIDENCES.
21 (9) CREATE A UNIFORM STANDARD POLICY FOR THE DISCHARGE
22 OF A CONSUMER FROM AN ADULT LIVING RESIDENCE, INCLUDING, AT A
23 MINIMUM, ADVANCE NOTICE PROVISIONS FOR THE CONSUMER.
24 (10) CREATE A LISTING OF MEDICAL CONDITIONS OR CARE
25 NEEDS THAT SHALL PRECLUDE ADULT LIVING RESIDENCES FROM
26 ADMITTING OR RETAINING CONSUMERS.
27 (11) PROVIDE FOR THE IMPLEMENTATION OF FIRE AND SAFETY
28 AND CONSUMER CARE STANDARDS RELATING TO ADULT LIVING
29 RESIDENCES BY CITIES OF THE FIRST CLASS, SECOND CLASS AND
30 SECOND CLASS A.
19990H1930B3705 - 33 -
1 (12) ESTABLISH A PROCESS FOR RELOCATING CONSUMERS OF
2 ADULT LIVING RESIDENCES.
3 (13) ENSURE THAT ANY REGULATIONS ESTABLISHED IN
4 ACCORDANCE WITH THIS SECTION SHALL BE CONSISTENT WITH
5 REGULATIONS OF THE DEPARTMENT RELATING TO THE FUNDING OF
6 RESIDENTIAL CARE FOR THE MENTALLY ILL OR MENTALLY RETARDED
7 ADULTS AND ANY REGULATIONS OF THE DEPARTMENT OF AGING
8 RELATING TO DOMICILIARY CARE.
9 (14) DEVELOP STANDARDS AND QUALIFICATIONS FOR ASSISTED
10 LIVING RESIDENCE ADMINISTRATORS.
11 (15) DEVELOP STANDARDS FOR ORIENTATION AND TRAINING FOR
12 ALL DIRECT SERVICE STAFF IN AN ASSISTED LIVING RESIDENCE.
13 (16) PROVIDE FOR THE POSTING IN ADULT LIVING RESIDENCES
14 OF INFORMATION REGARDING THE LONG-TERM CARE OMBUDSMAN
15 PROGRAM, INCLUDING THE PROCESS WHEREBY THE SERVICES OF THE
16 LOCAL OMBUDSMAN CARE BE READILY ACCESSED INCLUDING THE
17 TELEPHONE NUMBER, AND NAME OF THE CONTACT PERSON. SUCH
18 INFORMATION SHALL BE POSTED IN A CONSPICUOUS LOCATION THAT IS
19 READILY ACCESSIBLE AND SHALL BE PRESENTED IN A FORM EASILY
20 UNDERSTOOD AND READ BY CONSUMERS.
21 (17) DEVELOP STANDARDS, FOR ADMISSION TO ADULT LIVING
22 RESIDENCES AND FOR PROVISION OF ASSISTED LIVING SERVICES,
23 INCLUDING:
24 (I) COMPLETION OF A COMPREHENSIVE ASSESSMENT PROCESS
25 AND DEVELOPMENT OF A COMPREHENSIVE SERVICE PLAN FOR EACH
26 CONSUMER.
27 (II) REQUIREMENTS FOR INFORMATION WHICH MUST BE
28 PROVIDED TO CONSUMERS OF ADULT LIVING RESIDENCES AND
29 ASSISTED LIVING SERVICES.
30 (III) REQUIREMENTS FOR ADULT LIVING RESIDENCY
19990H1930B3705 - 34 -
1 CONTRACTS, INCLUDING DEVELOPMENT OF A STANDARDIZED ADULT
2 LIVING RESIDENCY CONTRACT.
3 SECTION 6. (RESERVED)
4 SECTION 7. LICENSE REQUIRED.
5 NO PERSON SHALL ESTABLISH, MAINTAIN, OPERATE OR HOLD ITSELF
6 OUT AS AUTHORIZED TO ESTABLISH, MAINTAIN OR OPERATE:
7 (1) A PERSONAL CARE HOME WITHOUT FIRST HAVING OBTAINED A
8 CATEGORY I LICENSE ISSUED BY THE DEPARTMENT.
9 (2) AN ASSISTED LIVING RESIDENCE WITHOUT FIRST HAVING
10 OBTAINED A CATEGORY II LICENSE ISSUED BY THE DEPARTMENT.
11 SECTION 8. APPLICATION FOR LICENSE.
12 (A) SUBMISSION TO DEPARTMENT.--ANY PERSON DESIRING TO SECURE
13 A CATEGORY I LICENSE OR CATEGORY II LICENSE SHALL SUBMIT AN
14 APPLICATION ON A FORM PRESCRIBED BY THE DEPARTMENT AND SHALL
15 SUBMIT ANY OTHER INFORMATION REQUIRED BY THE DEPARTMENT.
16 (B) FEES.--THE FOLLOWING FEE SHALL ACCOMPANY AN APPLICATION
17 FOR A LICENSE OR FOR RENEWAL OF A LICENSE UNTIL MODIFIED BY THE
18 DEPARTMENT BY REGULATION:
19 (1) RESIDENCES WITH LESS THAN 20 BEDS - $50.
20 (2) RESIDENCES WITH 20-50 BEDS - $100.
21 (3) RESIDENCES WITH 51-100 BEDS - $250.
22 (4) RESIDENCES WITH MORE THAN 100 BEDS - $500.
23 SECTION 9. ISSUANCE OF LICENSES.
24 A LICENSE ISSUED BY THE DEPARTMENT UNDER THIS ACT SHALL:
25 (1) BE ISSUED FOR A PERIOD NOT TO EXCEED ONE YEAR.
26 (2) BE ISSUED ONLY TO THE APPLICANT.
27 (3) BE ISSUED ONLY WHEN THE APPLICANT HAS ACHIEVED FULL
28 COMPLIANCE WITH THE RULES AND REGULATIONS OF THE COMMONWEALTH
29 DEPARTMENTS PROVIDED FOR UNDER SECTIONS 4 AND 5.
30 (4) NOT BE TRANSFERABLE.
19990H1930B3705 - 35 -
1 (5) BE POSTED AT ALL TIME IN A CONSPICUOUS AND READILY
2 ACCESSIBLE PLACE ON THE PREMISES OF THE ADULT LIVING
3 RESIDENCE.
4 SECTION 10. (RESERVED)
5 SECTION 11. (RESERVED)
6 SECTION 12. RIGHT TO ENTER AND INSPECT.
7 (A) GENERAL RULE.--THE DEPARTMENT SHALL HAVE THE RIGHT TO
8 ENTER AND INSPECT ANY ADULT LIVING RESIDENCE THAT IS LICENSED OR
9 REQUIRED TO BE LICENSED UNDER THIS ACT, WITH OR WITHOUT PRIOR
10 NOTICE. THE DEPARTMENT SHALL HAVE THE RIGHT TO FREE AND FULL
11 ACCESS TO INSPECT AND EXAMINE THE ASSISTED LIVING RESIDENCE AND
12 ITS GROUNDS AND THE RECORDS OF THE RESIDENCE AND THE LICENSEE.
13 THE DEPARTMENT SHALL ALSO HAVE IMMEDIATE AND FULL OPPORTUNITY TO
14 PRIVATELY INTERVIEW ANY MEMBER OF THE DIRECT SERVICE STAFF. THE
15 DEPARTMENT SHALL CONTACT THE LONG-TERM CARE OMBUDSMAN AND SHALL
16 UTILIZE ANY CONSUMER-RELATED INFORMATION AVAILABLE TO BE
17 PROVIDED BY THAT OFFICE WHEN CONDUCTING INSPECTIONS UNDER THIS
18 SECTION.
19 (B) ADMINISTRATIVE SEARCH WARRANTS.--NOTWITHSTANDING THE
20 INSPECTION AND ACCESS POWERS OF THE DEPARTMENT UNDER SUBSECTION
21 (A), UPON SHOWING PROBABLE CAUSE THAT THERE IS A VIOLATION OF
22 THIS ACT OR REGULATIONS UNDER THIS ACT, A COURT OF COMPETENT
23 JURISDICTION OR A DISTRICT JUSTICE WHERE THE RESIDENCE IS
24 LOCATED SHALL ISSUE AN ADMINISTRATIVE SEARCH WARRANT TO THE
25 DEPARTMENT. THE WARRANT SHALL IDENTIFY THE ADDRESS OF THE ADULT
26 LIVING RESIDENCE TO BE SEARCHED, THE HOURS DURING WHICH THE
27 SEARCH WILL OCCUR AND ANY DOCUMENTS OR OBJECTS TO BE SEIZED.
28 SECTION 13. (RESERVED)
29 SECTION 14. (RESERVED)
30 SECTION 15. (RESERVED)
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1 SECTION 16. IMMOBILE PERSONS.
2 THE DEPARTMENT SHALL NOT PROHIBIT IMMOBILE PERSONS WHO DO NOT
3 REQUIRE THE SERVICES OF A LICENSED LONG-TERM CARE FACILITY, BUT
4 WHO REQUIRE ASSISTED LIVING RESIDENCE SERVICES, FROM RESIDING IN
5 AN ADULT LIVING RESIDENCE WITH A CATEGORY II LICENSE, PROVIDED
6 THAT THE DESIGN, CONSTRUCTION, STAFFING OR OPERATION OF THE
7 ASSISTED LIVING RESIDENCE ALLOWS FOR SAFE EMERGENCY EVACUATION.
8 SECTION 17. VIOLATIONS.
9 (A) NOTICE OF VIOLATIONS.--
10 (1) IF THE DEPARTMENT, WHETHER UPON INSPECTION,
11 INVESTIGATION OR COMPLAINT, FINDS A VIOLATION OF THIS ACT OR
12 REGULATIONS PROMULGATED UNDER THIS ACT, IT SHALL GIVE WRITTEN
13 NOTICE TO THE LICENSEE SPECIFYING THE VIOLATION OR VIOLATIONS
14 FOUND. THE NOTICE SHALL REQUIRE THE LICENSEE TO TAKE ACTION
15 OR TO SUBMIT A PLAN OF CORRECTION TO BRING THE ADULT LIVING
16 RESIDENCE INTO COMPLIANCE WITH APPLICABLE LAW OR REGULATION
17 WITHIN A SPECIFIED TIME.
18 (2) THE LICENSEE SHALL, WITHIN 15 DAYS OF RECEIPT OF THE
19 WRITTEN NOTICE OR SOONER IF DIRECTED TO DO SO BY THE
20 DEPARTMENT, SUBMIT A PLAN OF CORRECTION.
21 (3) THE DEPARTMENT MAY REVOKE A LICENSE BEFORE PROVIDING
22 NOTICE OR BEFORE A PLAN OF CORRECTION IS SUBMITTED WHENEVER A
23 VIOLATION POSES A SIGNIFICANT THREAT TO THE HEALTH OR SAFETY
24 OF THE CONSUMERS IN AN ADULT LIVING RESIDENCE.
25 (B) ADMINISTRATIVE FINES.--IF THE DEPARTMENT DETERMINES THAT
26 AN ADULT LIVING RESIDENCE HAS FAILED TO COMPLY WITH THE
27 PROVISIONS OF THIS ACT OR THE REGULATIONS PROMULGATED UNDER THIS
28 ACT, IT MAY ASSESS AN ADMINISTRATIVE FINE OF NOT MORE THAN
29 $1,000 PER DAY PER VIOLATION. IN SETTING THE FINE, THE
30 DEPARTMENT SHALL CONSIDER THE SEVERITY OF THE VIOLATION AND
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1 WHETHER THERE IS A PATTERN OF VIOLATIONS.
2 (C) CRIMINAL PENALTIES.--A LICENSEE THAT INTENTIONALLY
3 COMMITS A VIOLATION OR CONTINUES TO OPERATE AN ADULT LIVING
4 RESIDENCE WITHOUT A LICENSE BY THE DEPARTMENT COMMITS A
5 MISDEMEANOR OF THE SECOND DEGREE AND SHALL, UPON CONVICTION, BE
6 SENTENCED TO PAY A FINE OF $5,000 OR TO IMPRISONMENT FOR NOT
7 MORE THAN TWO YEARS, OR BOTH.
8 SECTION 18. REASONS FOR DENIAL, NONRENEWAL OR REVOCATION OF A
9 LICENSE.
10 THE DEPARTMENT MAY DENY, REFUSE OR RENEW OR REVOKE A LICENSE
11 FOR ALL OR ANY PORTION OF AN ADULT LIVING RESIDENCE OR MAY
12 SUSPEND OR RESTRICT ADMISSIONS TO THE RESIDENCE FOR ANY OF THE
13 FOLLOWING REASONS:
14 (1) FAILURE OF A LICENSEE TO SUBMIT AN ACCEPTABLE PLAN
15 OF CORRECTION WITH A REASONABLE TIMETABLE TO CORRECT
16 VIOLATIONS.
17 (2) THE EXISTENCE OF A PATTERN OF VIOLATIONS.
18 (3) FAILURE TO COMPLY WITH A PLAN OF CORRECTION OR TO
19 REPORT VIOLATIONS IN ACCORDANCE WITH A TIMETABLE SUBMITTED BY
20 THE APPLICANT AND AGREED UPON BY THE DEPARTMENT.
21 (4) FRAUD OR DECEIT IN OBTAINING OR ATTEMPTING TO OBTAIN
22 A LICENSE.
23 (5) LENDING, BORROWING OR USING THE LICENSE OF ANOTHER
24 OR IN ANY WAY KNOWINGLY AIDING OR ABETTING THE IMPROPER
25 GRANTING OF A LICENSE.
26 (6) INCOMPETENCE, NEGLIGENCE OR MISCONDUCT IN OPERATING
27 THE ADULT LIVING RESIDENCE.
28 (7) MISTREATMENT OR ABUSE OF A CONSUMER OF THE ADULT
29 LIVING RESIDENCE.
30 (8) VIOLATION OF THE PROVISIONS OF THIS ACT OR THE
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1 REGULATIONS PROMULGATED UNDER THIS ACT.
2 (9) VIOLATION OF OTHER APPLICABLE FEDERAL OR STATE LAWS.
3 SECTION 19. LICENSURE APPEALS.
4 (A) NATURE OF PROCEEDING.--A LICENSEE AGGRIEVED BY A
5 DECISION OF THE DEPARTMENT UNDER THIS ACT SHALL HAVE THE RIGHT
6 TO AN APPEAL. THE APPEAL SHALL BE CONDUCTED IN ACCORDANCE WITH 2
7 PA.C.S. CH. 5 SUBCH. A (RELATING TO PRACTICE AND PROCEDURE OF
8 COMMONWEALTH AGENCIES) TO THE BOARD.
9 (B) TIME FOR HEARING.--
10 (1) EXCEPT AS PROVIDED IN PARAGRAPH (2), A HEARING SHALL
11 BE HELD BY THE BOARD WITHIN 90 DAYS OF RECEIPT OF THE NOTICE
12 OF REQUEST FOR A HEARING.
13 (2) IF THE BOARD DETERMINES THAT CONTINUED OPERATION,
14 PENDING ADMINISTRATIVE REVIEW, POSES AN IMMEDIATE THREAT TO
15 THE CONSUMERS IN THE ASSISTED LIVING RESIDENCE OR IF THE
16 DEPARTMENT HAS IMPLEMENTED AN EMERGENCY ACTION PURSUANT TO
17 SECTION 21(C) AND A TIMELY REQUEST FOR A HEARING HAS BEEN
18 MADE, A HEARING SHALL BE HELD WITHIN 15 DAYS AFTER THE
19 RECEIPT OF THE RESPONSE OR REQUEST FOR A HEARING.
20 (3) HEARING DATES SPECIFIED IN THIS SUBSECTION MAY BE
21 EXTENDED BY THE BOARD FOR GOOD CAUSE IF AGREED TO BY ALL
22 PARTIES.
23 (C) DECISIONS.--A DECISION SHALL BE ISSUED WITHIN 60 DAYS
24 AFTER THE FINAL DAY OF THE HEARING. IN THE CASE OF AN EXPEDITED
25 HEARING UNDER SUBSECTION (B)(2), A DECISION SHALL BE ISSUED
26 WITHIN FIVE DAYS AFTER THE FINAL DATE OF THE HEARING.
27 (D) SUBPOENAS.--THE PRESIDING OFFICER MAY ISSUE A SUBPOENA
28 AT THE REQUEST OF EITHER PARTY.
29 (E) DISCOVERY.--DISCOVERY SHALL BE LIMITED TO REASONABLE
30 REQUESTS FOR PRODUCTION OF DOCUMENTS AND IDENTIFICATION OF
19990H1930B3705 - 39 -
1 WITNESSES. ALL OTHER DISCOVERY SHALL BE BY MUTUAL AGREEMENT OF
2 THE PARTIES.
3 SECTION 20. EFFECT OF DEPARTMENTAL ORDERS.
4 ORDERS OF THE DEPARTMENT FROM WHICH NO APPEAL IS TAKEN TO THE
5 BOARD AND ORDERS OF THE BOARD FROM WHICH NO TIMELY APPEAL IS
6 TAKEN TO THE COURT SHALL BE FINAL ORDERS AND MAY BE ENFORCED BY
7 A COURT OF COMPETENT JURISDICTION.
8 SECTION 21. ACTIONS AGAINST VIOLATIONS OF LAW AND REGULATIONS.
9 (A) VIOLATIONS.--WHENEVER ANY PERSON, REGARDLESS OF WHETHER
10 SUCH PERSON IS A LICENSEE, HAS VIOLATED ANY OF THE PROVISIONS OF
11 THIS ACT OR THE REGULATIONS ISSUED PURSUANT THERETO, THE
12 DEPARTMENT MAY MAINTAIN AN ACTION IN THE NAME OF THE
13 COMMONWEALTH FOR AN INJUNCTION OR OTHER PROCESS RESTRAINING OR
14 PROHIBITING SUCH PERSON FROM ENGAGING IN SUCH ACTIVITY.
15 (B) RESIDENCE CLOSURE FOR THREAT TO HEALTH OR SAFETY.--
16 WHENEVER THE DEPARTMENT DETERMINES THAT A VIOLATION POSES AN
17 IMMEDIATE AND SERIOUS THREAT TO THE HEALTH OR SAFETY OF THE
18 CONSUMERS OF AN ADULT LIVING RESIDENCE, THE DEPARTMENT MAY
19 DIRECT THE CLOSURE OF THE ASSISTED LIVING RESIDENCE AND THE
20 TRANSFER OF THE CONSUMERS TO OTHER ADULT LIVING RESIDENCES WITH
21 A CATEGORY II LICENSE OR OTHER APPROPRIATE LOCATIONS. THE
22 DEPARTMENT MAY PETITION THE COMMONWEALTH COURT OR THE COURT OF
23 COMMON PLEAS OF THE COUNTY IN WHICH THE ADULT LIVING RESIDENCE
24 IS LOCATED TO APPOINT THE DEPARTMENT TEMPORARY MANAGEMENT OF THE
25 ADULT LIVING RESIDENCE. IF GRANTED, THE DEPARTMENT SHALL ASSUME
26 OPERATION OF THE ADULT LIVING RESIDENCE AT THE LICENSEE'S
27 EXPENSE UNTIL THERE IS AN ORDERLY CLOSURE OF THE ADULT LIVING
28 RESIDENCE.
29 (C) UNLICENSED ADULT LIVING RESIDENCES.--
30 (1) WHENEVER A LICENSE IS REQUIRED BY THIS ACT, THE
19990H1930B3705 - 40 -
1 DEPARTMENT MAY MAINTAIN AN ACTION IN A COURT OF COMPETENT
2 JURISDICTION IN THE NAME OF THE COMMONWEALTH FOR AN
3 INJUNCTION OR OTHER PROCESS RESTRAINING OR PROHIBITING ANY
4 PERSON FROM ESTABLISHING, MAINTAINING OR OPERATING AN ADULT
5 LIVING RESIDENCE THAT DOES NOT POSSESS A CATEGORY I LICENSE
6 OR CATEGORY II LICENSE.
7 (2) IF A PERSON WHO IS REFUSED A LICENSE OR THE RENEWAL
8 OF A LICENSE TO OPERATE OR CONDUCT AN ADULT LIVING RESIDENCE,
9 OR WHOSE LICENSE TO OPERATE OR CONDUCT AN ADULT LIVING
10 RESIDENCE IS REVOKED, FAILS TO APPEAL, OR SHOULD SUCH APPEAL
11 BE DECIDED FINALLY FAVORABLE TO THE DEPARTMENT, THEN THE
12 COURT SHALL ISSUE A PERMANENT INJUNCTION UPON PROOF THAT THE
13 PERSON IS OPERATING OR CONDUCTING AN ADULT LIVING RESIDENCE
14 WITHOUT A LICENSE AS REQUIRED BY THIS ACT.
15 SECTION 22. INJUNCTION OR RESTRAINING ORDER WHEN APPEAL IS
16 PENDING.
17 WHENEVER THE DEPARTMENT REFUSES TO RENEW OR REVOKES A LICENSE
18 OR ORDERS A PERSON TO REFRAIN FROM VIOLATING THIS ACT OR THE
19 REGULATIONS PROMULGATED UNDER THIS ACT AND THE PERSON, DEEMING
20 HIMSELF AGGRIEVED BY THE REFUSAL, REVOCATION OR ORDER, APPEALS
21 FROM THE ACTION OF THE DEPARTMENT TO THE BOARD OR FROM THE ORDER
22 OF THE BOARD TO THE COURT, THE COURT MAY DURING PENDANCY OF THE
23 APPEAL:
24 (1) ISSUE A RESTRAINING ORDER OR INJUNCTION UPON A
25 SHOWING THAT THE CONTINUED OPERATION OF THE ADULT LIVING
26 RESIDENCE ADVERSELY AFFECTS THE HEALTH, SAFETY OR CARE OF THE
27 CONSUMERS OF THE ADULT LIVING RESIDENCE; OR
28 (2) AUTHORIZE CONTINUED OPERATION OF THE RESIDENCE OR
29 MAKE SUCH OTHER ORDER, PENDING FINAL DISPOSITION OF THE CASE,
30 AS JUSTICE AND EQUITY REQUIRE.
19990H1930B3705 - 41 -
1 SECTION 23. (RESERVED)
2 SECTION 24. (RESERVED)
3 SECTION 25. (RESERVED)
4 SECTION 26. SEVERABILITY.
5 IF ANY PROVISION OF THIS ACT OR THE APPLICATION THEREOF TO
6 ANY PERSON OR CIRCUMSTANCES IS HELD INVALID, SUCH INVALIDITY
7 SHALL NOT AFFECT OTHER PROVISIONS OR APPLICATIONS OF THE ACT
8 WHICH CAN BE GIVEN EFFECT WITHOUT THE INVALID PROVISION OR
9 APPLICATION, AND TO THIS END THE PROVISIONS OF THIS ACT ARE
10 DECLARED TO BE SEVERABLE.
11 SECTION 27. REPEAL.
12 ALL ACTS AND PARTS OF ACTS ARE REPEALED INSOFAR AS THEY ARE
13 INCONSISTENT WITH THIS ACT.
14 SECTION 28. EFFECTIVE DATE.
15 THIS ACT SHALL TAKE EFFECT IN ONE YEAR.
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