PRINTER'S NO. 3529
No. 2463 Session of 2002
INTRODUCED BY SANTONI, BELARDI, GEORGE, JAMES, THOMAS, ROONEY,
LESCOVITZ, D. EVANS, CALTAGIRONE, CAPPELLI, COY, WASHINGTON,
SATHER, LAUGHLIN, MELIO, READSHAW, FREEMAN, SOLOBAY,
McGEEHAN, BUNT, WOJNAROSKI, DALEY, BEBKO-JONES, TANGRETTI,
HORSEY, SHANER, PETRARCA, HALUSKA, BELFANTI, STABACK,
YUDICHAK AND GRUCELA, MARCH 27, 2002
REFERRED TO COMMITTEE ON AGING AND OLDER ADULT SERVICES,
MARCH 27, 2002
AN ACT
1 Establishing the Center for Long-Term Care Technical Assistance
2 and Resource Development; providing for its duties;
3 prescribing powers and duties of the Department of Aging; and
4 imposing a penalty.
5 The General Assembly finds and declares as follows:
6 (1) The Commonwealth recognizes the dignity of long-term
7 care facility residents and staff and affirms their value to
8 society.
9 (2) The Commonwealth seeks to ensure an enriched and
10 life-enhancing long-term care environment for all
11 Pennsylvanians.
12 (3) The Commonwealth is committed to assisting long-term
13 care providers in the enhancement of the health, safety and
14 social well-being of its senior population.
15 (4) The Commonwealth, through the Department of Aging,
16 with the cooperation of the Department of Health and the
1 Department of Public Welfare, provides a variety of special
2 services that enhance the quality of life for seniors.
3 (5) The Department of Aging, with the cooperation of
4 other departments also conducts studies and evaluations
5 pertaining to the quality of care and related services for
6 consumers of long-term care services and those living in
7 long-term care facilities.
8 (6) The Commonwealth finds it beneficial to review the
9 activities and environment of long-term care facilities in
10 order to recommend and fully utilize Federal, State and
11 community resources that enhance the quality of life for
12 older persons.
13 (7) The Commonwealth seeks to promote best practices in
14 long-term care by offering technical assistance to long-term
15 care facilities.
16 (8) The creation of a Center for Long-Term Care
17 Technical Assistance and Resource Development within the
18 Department of Aging would maintain and improve long-term care
19 physical settings while expanding the quality of life and
20 care of residents in long-term care facilities.
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 Long-Term
25 Care Technical Assistance and Resource Program 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 "Center." The Center for Long-Term Care Technical Assistance
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1 and Resource Development.
2 "Department." The Department of Aging of the Commonwealth.
3 "Facility." A long-term care facility that is licensed by
4 the Commonwealth to provide long-term care. The term includes,
5 but is not limited to, the following:
6 (1) A long-term care nursing facility as defined in
7 section 802.1 of the act of July 19, 1979 (P.L.130, No.48),
8 known as the Health Care Facilities Act.
9 (2) A personal care home as defined in section 1001 of
10 the act of June 13, 1967 (P.L.31, No.21), known as the Public
11 Welfare Code.
12 "Surveyor." An individual employed by the Department of
13 Aging and assigned to the Center for Long-Term Care Technical
14 Assistance and Resource Development to conduct consultations and
15 assessments at the request of a facility and offer
16 recommendations in accordance with this act.
17 Section 3. Establishment of center.
18 The General Assembly hereby establishes the Center for Long-
19 Term Care Technical Assistance and Resource Development within
20 the Department of Aging.
21 Section 4. Duties of center.
22 The center shall have the following duties:
23 (1) Provide surveyors that will consult with a facility
24 to identify existing safety and health care issues so the
25 facility may improve the quality of its physical setting and
26 the standard of care for the residents. The responsibility
27 for any and all action or improvements either suggested by a
28 surveyor or contained in a technical assistance report
29 remains at the discretion of the facility.
30 (2) Assess a facility's compliance with current
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1 licensure rules and regulations. At no time shall a surveyor
2 report any deficiencies to a department with licensing
3 authority over the facility or impose any penalties for
4 violations on behalf of a department.
5 (3) Assist facilities to identify existing State
6 resources so the facilities may improve the quality of their
7 physical setting and increase the standard of care for
8 residents of the facility.
9 Section 5. Surveyor qualifications.
10 (a) General rule.--A surveyor shall at a minimum possess:
11 (1) Prior to experience that includes, but is not
12 limited to, a thorough knowledge of the rules and regulations
13 of the oversight department for a facility that the surveyor
14 is assigned.
15 (2) Prior experience that includes, but is not limited
16 to, a thorough knowledge of the assessment procedures
17 performed by the oversight department for a facility that the
18 surveyor is assigned.
19 (3) Experience with survey protocols. This paragraph
20 shall not be construed to mean under any circumstances that a
21 surveyor will conduct surveys on behalf of an oversight
22 department.
23 (4) Prior experience with best practices in quality
24 assurance, resident-centered care and staff empowerment.
25 (b) Additional consideration.--Prior employment in a nursing
26 home, licensure as a nursing home administrator or experience as
27 a consultant to nursing facilities in the area of quality
28 improvement or regulatory compliance may be considered as
29 qualifications in determining employment of a surveyor.
30 Section 6. Responsibilities and duties of surveyor.
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1 Surveyors shall:
2 (1) Provide an onsite visit and consultation to a
3 facility only upon request of a facility administrator, with
4 no more than two onsite visits within a single calendar year.
5 (2) Offer to review facility survey information, Minimum
6 Data Set Quality Improvement Indicators information,
7 complaint and incident reports and other applicable data
8 before making any recommendations.
9 (3) Consult with the facility's staff and residents.
10 (4) Offer technical assistance on quality improvement
11 techniques based best practices identified by various bodies
12 or agencies experienced in understanding techniques for
13 quality improvement in clinical services, management,
14 operations and labor practices.
15 (5) Identify possible Federal, State or community
16 resources that may be available to the facility to resolve or
17 improve its physical setting and enhance the delivery of care
18 to its residents.
19 (6) Offer a regulatory point of view about how issues
20 may be scrutinized by the department with licensure authority
21 over the facility. A surveyor acting within the scope of this
22 act shall not be personally liable for any citations or
23 deficiencies filed against the facility by any department
24 with licensing authority over the facility.
25 (7) Provide a technical assistance report only to the
26 facility that requested the consultation. This shall not
27 prevent a surveyor from providing information as required
28 under section 7 or providing statistical information to the
29 department for reporting requirements under section 8.
30 Section 7. Confidentiality.
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1 (a) Technical assistance reports not public records.--
2 Technical assistance reports shall not be considered public
3 records and shall not be provided to any person outside the
4 center except:
5 (1) The facility that has requested the technical
6 assistance.
7 (2) Whenever a surveyor while acting within the scope of
8 this act discovers a condition during a consultation or
9 assessment that poses a serious threat to a resident's health
10 or safety at the facility, the surveyor shall report the
11 condition to the local adult protective services agency
12 utilizing procedures consistent with those contained in the
13 act of November 6, 1987 (P.L.381, No.79), known as the Older
14 Adults Protective Services Act, as well as any Federal and
15 State regulatory procedures pertaining to the licensed
16 facility.
17 (b) Records not subject to subpoena.--Under no circumstances
18 shall the reports, information and records compiled by a
19 surveyor during a consultation be subject to subpoena, discovery
20 or introduction into evidence in any civil or criminal
21 proceeding unless the reports, information and records show a
22 condition that poses a serious threat to the health or safety of
23 a resident. Nothing in this subsection shall prevent
24 information, documents or records otherwise available from other
25 sources and retained by a facility and only reviewed or
26 presented to a surveyor to be subject to a subpoena, discovery
27 or introduction into evidence in any civil, administrative or
28 criminal proceeding.
29 (c) Surveyors not subject to subpoena.--Surveyors shall not
30 be subpoenaed, questioned or required to testify in any civil,
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1 administrative or criminal proceeding regarding information
2 presented to the surveyor or opinions formed as a result of any
3 consultation performed within the scope of the surveyor's duties
4 under this act unless the information pertains to a condition
5 that posed a serious threat to the health or safety of a
6 resident. Nothing in this subsection shall be construed to
7 prevent a surveyor from being subpoenaed, questioned or required
8 to testify to information obtained independently from the duties
9 of the surveyor or on information that is public.
10 (d) Penalty.--A person who violates the confidentiality
11 provisions of this section commits a misdemeanor or the second
12 degree.
13 Section 9. Report to General Assembly.
14 (a) Contents.--The center shall provide a report to the
15 General Assembly that contains the following:
16 (1) The total number of facilities by category that
17 requested a consultation.
18 (2) A list of various deficiencies found within
19 facilities by category.
20 (3) Information on the number of reports that were
21 forwarded to the State Long Term Care Ombudsman for
22 conditions that posed a serious threat of harm to an
23 individual.
24 (4) Information regarding best practices and innovative
25 programs that ensure quality and recommendations for training
26 on those best practices.
27 (5) Recommendations for changing or modifying
28 regulations that prevent or inhibit innovation.
29 (b) Identifying information.--At no time shall identifying
30 information be contained in this report.
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1 Section 10. Regulations.
2 Within one year of the effective date of this act, the
3 department shall promulgate rules and regulations to administer
4 and enforce this act. The provisions of this act and the rules
5 and regulations adopted in accordance with this act shall not
6 affect the authority granted to any licensing department in
7 connection with a facility.
8 Section 11. Funding.
9 The department shall employ, with such funds as may be
10 annually appropriated by the General Assembly, sufficient staff
11 and services to carry out the requirements of this act.
12 Section 12. Effective date.
13 This act shall take effect January 1, 2003.
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