PRIOR PRINTER'S NO. 282 PRINTER'S NO. 2105
No. 259 Session of 2005
INTRODUCED BY WATSON, HESS, PISTELLA, SATHER, E. Z. TAYLOR,
GINGRICH, ADOLPH, ARMSTRONG, BAKER, BALDWIN, BASTIAN, BEBKO-
JONES, CALTAGIRONE, CAPPELLI, CAWLEY, CORRIGAN, CRAHALLA,
CREIGHTON, FABRIZIO, FLICK, FREEMAN, GEIST, GEORGE,
GILLESPIE, GOODMAN, HARHART, HARPER, HENNESSEY, HERMAN,
JAMES, LEDERER, MANDERINO, McILHATTAN, MILLARD, NAILOR,
O'NEILL, PALLONE, PETRONE, PICKETT, REICHLEY, RUBLEY,
SANTONI, SCAVELLO, SCHRODER, B. SMITH, SOLOBAY, THOMAS,
TIGUE, WALKO, WRIGHT, J. EVANS, MAHER, BROWNE, DENLINGER AND
MUNDY, FEBRUARY 8, 2005
AS REPORTED FROM COMMITTEE ON AGING AND OLDER ADULT SERVICES,
HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 7, 2005
AN ACT
1 Providing for the licensure and regulation of adult living
2 residences; conferring powers and duties on the Department of
3 Public Welfare; adding members to the Intra-Governmental
4 Council on Long-Term Care; providing for an increase to State
5 supplemental assistance for persons in personal care homes;
6 and providing for penalties.
7 The General Assembly finds and declares as follows:
8 (1) Assisted living residences and services are a
9 rapidly growing long-term care alternative across the nation.
10 (2) Assisted living residences are a combination of
11 housing and supportive services as needed. They are widely
12 accepted by the general public because they allow people to
13 age in place, maintain their independence and exercise
14 decision making and personal choice.
15 (3) Consumers continue to say that the three things they
1 want most are:
2 (i) to stay independent and live at home and in
3 their community as long as possible;
4 (ii) respect and dignity for the individual; and
5 (iii) a choice of long-term care and supportive
6 services options.
7 (4) In Pennsylvania, assisted living residences and
8 supportive services are a private market phenomenon. There
9 is:
10 (i) no uniform definition of assisted living
11 residence;
12 (ii) no public oversight of entities which hold
13 themselves out as assisted living residences, although
14 many are licensed as personal care homes;
15 (iii) no uniform way of assuring quality; and
16 (iv) limited access for persons with lower incomes.
17 (5) It is in the best interest of all Pennsylvanians
18 that a system of licensure and regulation be established for
19 assisted living residences in order to ensure accountability
20 and a balance of availability between institutional and home-
21 based and community-based long-term care for older persons
22 and persons with disabilities.
23 TABLE OF CONTENTS
24 Section 1. Short title.
25 Section 2. Definitions.
26 Section 3. Intra-Governmental Council on Long-Term Care.
27 Section 4. Powers and duties of Commonwealth departments and
28 agencies.
29 Section 5. Rules and regulations.
30 Section 6. Criminal history and reporting of suspected abuse.
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1 Section 7. License required.
2 Section 8. Application for license.
3 Section 9. Issuance of licenses.
4 Section 10. Standards for admission.
5 Section 11. Right to enter and inspect.
6 Section 12. Relocation of consumers in assisted living
7 residences.
8 Section 13. Assisted living residence administrators.
9 Section 14. Staff orientation and training in assisted living
10 residences.
11 Section 15. Staffing levels and training.
12 Section 16. Persons with special needs.
13 Section 17. Violations.
14 Section 18. Reasons for denial, nonrenewal or revocation of a
15 license.
16 Section 19. Licensure appeals.
17 Section 20. Effect of departmental orders.
18 Section 21. Actions against violations of law and regulations.
19 Section 22. Injunction or restraining order when appeal is
20 pending.
21 Section 23. Annual report.
22 Section 24. Legislative Budget and Finance Committee study.
23 Section 25. Committee regulation review.
24 Section 26. Increase to State supplemental assistance for
25 persons in personal care homes.
26 Section 27. Severability.
27 Section 28. Repeal.
28 Section 29. Effective date.
29 The General Assembly of the Commonwealth of Pennsylvania
30 hereby enacts as follows:
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1 Section 1. Short title.
2 This act shall be known and may be cited as the Adult Living
3 Residence License Act.
4 Section 2. Definitions.
5 The following words and phrases when used in this act shall
6 have the meanings given to them in this section unless the
7 context clearly indicates otherwise:
8 "Activities of daily living." Activities including eating,
9 bathing, dressing, toileting, transferring in and out of bed or
10 a chair and personal hygiene.
11 "Adult." A person who is 18 years of age or older.
12 "Adult living residence." A residential premises that
13 provides housing, food, assistance with activities of daily
14 living and scheduled or unscheduled supervision available on a
15 24-hour basis, through contract for more than three adults who
16 are unrelated to the operator of the residential premises and
17 who do not require care in a licensed long-term care nursing
18 facility as that term is defined in the act of July 19, 1979
19 (P.L.130, No.48), known as the Health Care Facilities Act,
20 regardless of whether the operator provides or allows
21 supplemental services such as additional assistance with
22 activities of daily living and intermittent health care services
23 provided by certified, registered or licensed health care
24 professionals. The term shall include a personal care home that
25 has a Category I license and an assisted living residence that
26 has a Category II license. The term shall not include
27 intermediate care facilities exclusively for the mentally
28 retarded, commonly referred to as ICF/MR.
29 "Adult living residency contract." A written agreement, in
30 the form of a contract or contracts between a provider and a
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1 consumer needing adult living residence services, regarding the
2 provision and terms of those services.
3 "Aging in place." The process of providing increased or
4 adjusted supportive services to a consumer to compensate for the
5 physical or mental decline that occurs with the aging process
6 over time in order to maximize individual dignity and
7 independence and to permit the person to remain in a familiar,
8 living environment of the person's choice for as long as
9 possible THE CONSUMER'S NEEDS CAN BE MET, where such supportive <--
10 services are provided by a licensed facility or a third party,
11 in a home or community or through volunteers, friends or family.
12 "Area agency on aging." The single local agency designated
13 by the Department of Aging within each planning and service area
14 to administer the delivery of a comprehensive and coordinated
15 plan of social and other services and activities.
16 "Assisted living." Activities as determined and self-
17 directed by a consumer or by a legal representative that permit
18 and assist the consumer to live in a community, including such
19 housing assistance or residency in an assisted living residence
20 that permits the consumer to safely be supported in a residence
21 in which the consumer's independence, dignity and ability to
22 make choices are maintained, to the extent of the consumer's
23 capabilities.
24 "Assisted living residence." A residential setting that:
25 (1) Offers, provides or coordinates a combination of
26 personal care services, recreation and social activities, 24-
27 hour supervision and assisted living services, whether
28 scheduled or unscheduled and that coordinates other health-
29 related services for consumers.
30 (2) Has a supportive service program and physical
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1 environment designed to minimize the need for consumers to
2 move within or from the setting in order to accommodate
3 changing needs and preferences.
4 (3) Has an organized mission, service programs and a
5 physical environment designed to maximize consumer dignity,
6 autonomy, privacy and independence and encourages family and
7 community involvement.
8 (4) Provides that costs for housing and services may be
9 independent of one another.
10 (5) Provides consumers with the ability to choose the
11 services to be provided, their service provider and the
12 services to the extent that the assisted living residence
13 does not offer particular services to consumers.
14 (6) Has a goal of fostering aging in place and promoting
15 consumer self-direction and active participation in decision
16 making while emphasizing consumer privacy and dignity.
17 (7) Will disclose services offered, provided or
18 coordinated and the costs thereof.
19 (8) MEETS OR EXCEEDS THE MINIMUM STANDARDS FOR A <--
20 CATEGORY I PERSONAL CARE HOME.
21 This term does not include a residential living unit maintained
22 by a continuing care provider who is certified by the Insurance
23 Department, a residential unit in a subsidized housing
24 apartment, unless required to be licensed under the Department
25 of Housing and Urban Development Assisted Living Conversion
26 Program, or a boarding home which merely provides room, board
27 and laundry services to persons who do not need personal care
28 services.
29 "Assisted living services." A combination of supportive
30 services, personal care services, personalized assistance
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1 services, assistive technology and health-related services
2 designed to respond to the individual needs of consumers who
3 need assistance with activities of daily living and instrumental
4 activities of daily living. The term may include publicly funded
5 home-based and community-based services available through the
6 medical assistance program and the Federal Medicaid Waiver
7 Program and State-funded options for home-based and community-
8 based services authorized through the Department of Aging and
9 the Department of Public Welfare.
10 "Assisted living services agreement." The contract or
11 contracts between a provider and a consumer needing assisted
12 living services regarding the provision and terms of the
13 assisted living services. This term includes contracts between
14 assisted living service providers and entities contracting for
15 services for consumers using public funding.
16 "Assistive technology." Devices and services, whether
17 medically necessary or not, that are used to increase, maintain
18 or improve the functional capabilities of persons with
19 disabilities which may or may not be needed to permit the
20 persons to live independently. The term shall include, but not
21 be limited to, reachers, adapted telephones, reading aids and
22 other nonmedical devices.
23 "Bureau." The Bureau of Hearings and Appeals within the
24 Department of Public Welfare of the Commonwealth.
25 "Category I license." An adult living residence license
26 issued under this act to a personal care home.
27 "Category II license." An adult living residence license
28 issued under this act to an assisted living residence.
29 "Cognitive support services." Services provided as part of a
30 comprehensive plan of care to individuals who have memory
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1 impairments and other cognitive problems which significantly
2 interfere with their ability to carry out activities of daily
3 living without assistance and who require that supervision,
4 monitoring and programming be available to them 24 hours a day,
5 seven days a week, in order for them to reside safely in the
6 setting of their choice. The term includes assessment, health
7 support services and a full range of dementia-capable activity
8 programming and crisis management.
9 "Comprehensive assessment." A thorough review and analysis
10 of a consumer's functional status. The term includes a personal
11 history, assessment of physical and emotional health, ability to
12 carry out activities of daily living, informal supports,
13 environmental factors and cognitive functioning, including
14 immobility assessment.
15 "Comprehensive service plan." A plan developed to meet a
16 consumer's individual needs, as determined by a comprehensive
17 assessment, and that is developed by an interdisciplinary team
18 that includes the ADMINISTRATOR, THE consumer, the consumer's <--
19 legal representative and the consumer's family member, IF <--
20 APPLICABLE.
21 "Consumer." A person who receives services in an adult
22 living residence, is in need of assisted living services or
23 personal care services and who lives in either an adult living
24 residence with a Category I license or a Category II license.
25 "Department." The Department of Public Welfare of the
26 Commonwealth.
27 "Direct service staff." A person who provides services in an
28 adult living residence, is 18 years of age or older and meets
29 the requirements of this act.
30 "Immobile person." An individual who is unable to move from
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1 one location to another or has difficulty in understanding and
2 carrying out instructions without the continued full assistance
3 of another person or is incapable of independently operating a
4 device such as a wheelchair, prosthesis, walker or cane to exit
5 to a point of safety.
6 "Instrumental activities of daily living." The term
7 includes, but is not limited to, meal preparation, using the
8 telephone, handling finances, banking and shopping, light
9 housekeeping, heavy housekeeping and getting to appointments.
10 "License." A Category I license or a Category II license.
11 "Long-term care ombudsman." An agent of the Department of
12 Aging who, pursuant to section 2203-A of the act of April 9,
13 1929 (P.L.177, No.175), known as The Administrative Code of
14 1929, investigates and seeks to resolve complaints made by or on
15 behalf of older individuals or adults with disabilities who are
16 consumers of adult living residences, which complaints may
17 relate to action, inaction or decisions of providers of assisted
18 living services or residences or of personal care homes or of
19 public agencies or of social service agencies or their
20 representatives and which complaints may adversely affect the
21 health, safety, welfare, interests, preferences or rights of
22 consumers.
23 "Options." The Long-Term Care Pre-Admission Assessment
24 Program and the Community Services for Nursing Facility
25 Eligibility Program administered by the Department of Aging and
26 operated by the local area agencies on aging.
27 "Personal care home." A premises in which food, shelter and
28 personal assistance or supervision are provided for a period
29 exceeding 24 hours for four or more consumers who are not
30 relatives of the operator of the premises, who do not require
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1 the services in or of a licensed long-term care facility, but
2 who require assistance or supervision in such matters as
3 dressing, bathing, diet, financial management, evacuation of a
4 residence in the event of an emergency or medication prescribed
5 for self-administration.
6 "Personal care services." Assistance or supervision in
7 dressing, bathing, diet, financial management or evacuation of a
8 consumer in a personal care home, in the event of an emergency,
9 or medication prescribed for self-administration.
10 Section 3. Intra-Governmental Council on Long-Term Care.
11 (a) Additional members.--In addition to the members
12 appointed to the Intra-Governmental Council on Long-Term Care in
13 accordance with section 212 of the act of June 13, 1967 (P.L.31,
14 No.21), known as the Public Welfare Code, the Governor shall
15 appoint four representatives of the assisted living community,
16 one of whom shall be an owner or administrator of a licensed
17 assisted living residence and one of whom shall be a consumer of
18 a licensed assisted living residence, one of whom shall be a
19 licensed provider of assisted living services and one of whom
20 shall be a consumer of assisted living services from a licensed
21 provider of assisted living services.
22 (b) Recommendations to be considered.--In developing rules
23 and regulations for licensure of assisted living residences, the
24 Department of Public Welfare shall work in cooperation with the
25 Department of Aging and shall take into consideration
26 recommendations of the Intra-Governmental Council on Long-Term
27 Care.
28 Section 4. Powers and duties of Commonwealth departments and
29 agencies.
30 (a) General rule.--Within one year of the effective date of
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1 this act SECTION, the following Commonwealth departments shall <--
2 work in consultation and in cooperation with each other to
3 develop a program of licensure and regulation to govern adult
4 living residences in this Commonwealth:
5 (1) The Department of Public Welfare shall serve as the
6 lead agency in the development and implementation of a
7 program for licensing and regulating adult living residences,
8 to include a Category I license and a Category II license.
9 The department shall coordinate with other State and local
10 agencies having statutory responsibilities relating to adult
11 living residences and providers of assisted living services.
12 (2) The Department of Aging shall formulate and provide
13 to the Aging and Youth Committee of the Senate and the Aging
14 and Older Adult Services Committee of the House of
15 Representatives, within one year of the effective date of
16 this act SECTION, recommendations for changes in existing <--
17 State law and regulations to extend provisions of the act of
18 November 6, 1987 (P.L.381, No.79), known as the Older Adults
19 Protective Services Act, to adult living residences and
20 providers of assisted living services and the consumers
21 thereof.
22 (3) The Department of Health shall formulate and provide
23 to the Aging and Youth Committee of the Senate and the Aging
24 and Older Adult Services Committee of the House of
25 Representatives, within six months of the effective date of
26 this act SECTION, recommendations for changes in existing <--
27 State law and regulations to license providers of assisted
28 living services who are not already licensed by the
29 department. Such changes shall include, at a minimum, the
30 following components:
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1 (i) The Department of Health shall license assisted
2 living services providers.
3 (ii) Direct service staff employed by assisted
4 living services providers or providing direct care
5 services to consumers in their homes shall meet all
6 training and testing requirements in this act relating to
7 assisted living residences that are not specific to
8 assisted living residence care. Prior to start of
9 training and testing, the applicant shall pass a criminal
10 history background check conducted by the training and
11 testing agency. Direct service staff shall present to
12 assisted living services recipients documentation from
13 the Department of Health that they have passed a criminal
14 history check and have completed the required training.
15 (iii) Entities that do not provide personal care
16 services, but that solely provide assistance with
17 instrumental activities of daily living shall be exempt
18 from the requirements of this act.
19 (4) Within one year of the effective date of this
20 section, the Department of Labor and Industry shall
21 promulgate rules and regulations applicable to assisted
22 living residences in accordance with the act of November 10,
23 1999 (P.L.491, No.45), known as the Pennsylvania Construction
24 Code Act, and in accordance with this section. The
25 regulations shall apply to all assisted living residences not
26 currently licensed by the Department of Public Welfare as a
27 personal care home and to all personal care homes making an
28 application to the department for a Category II license.
29 (b) Construction.--Nothing in this section shall be
30 construed to preclude the role of any additional Commonwealth
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1 departments or agencies in the licensing and regulation of adult
2 living residences, as designated by the Governor.
3 Section 5. Rules and regulations.
4 The department shall promulgate rules and regulations for
5 adult living residences that:
6 (1) Provide that any regulations specifically related to
7 personal care homes, adopted prior to the effective date of
8 this act SECTION, set forth in 55 Pa. Code Ch. 2620 (relating <--
9 to personal care home licensing), and promulgated in
10 accordance with the act of June 13, 1967 (P.L.31, No.21),
11 known as the Public Welfare Code, shall continue to be
12 applied to an owner or administrator of a personal care home
13 under a Category I license. The department shall ensure
14 consistency between such currently existing regulations
15 governing personal care homes and any regulations promulgated
16 in accordance with this act.
17 (2) Develop standards for a Category II license for
18 assisted living residences THAT, AT A MINIMUM, MEET THE <--
19 STANDARDS FOR A CATEGORY I LICENSE.
20 (3) Within 90 days of the effective date of this
21 section, adopt rules relating to the conduct of owners and
22 employees of assisted living residences relative to the
23 endorsement or delivery of public or private welfare, pension
24 or insurance checks by a consumer of an assisted living
25 residence.
26 (4) Within 90 days of the effective date of this
27 section, and in consultation with the Department of Aging,
28 the Department of Health, the Intra-Governmental Council on
29 Long-Term Care and the Personal Care Home Advisory Committee,
30 adopt rules for: classification of violations; enforcement
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1 measures for violations, including closure of adult living
2 residences with extensive patterns of serious violations or
3 those which are found to have severe violations which
4 constitute a risk to safety of current or potential
5 residents; closure of adult living residences that have
6 failed to obtain a license and that have residents receiving
7 services covered by this act; responding to the needs of
8 residents with cognitive impairments; and protecting
9 residents' rights. Such rules shall be in effect until the
10 adoption of final regulations that cover the same subject
11 matter.
12 (5) Exempt from regulation under this act boarding homes
13 which merely provide room, board and laundry services to
14 persons who do not need adult living residence services.
15 (6) Promote the cost efficiency and effectiveness of
16 visitations and inspections.
17 (7) Delegate to other state and local agencies, as
18 appropriate, responsibility for visitations, inspections,
19 referral, placement and protection of consumers residing in
20 adult living residences or receiving assisted living services
21 from a provider of assisted living services.
22 (8) Evaluate the State's fire and panic laws as applied
23 to adult living residences.
24 (9) Create a uniform standard policy for the discharge
25 of a consumer from an adult living residence, including, at a
26 minimum, advance notice provisions for the consumer AND THE <--
27 CONSUMER'S APPEAL RIGHTS THROUGH THE BUREAU.
28 (10) Create a listing of medical conditions or care
29 needs that shall preclude adult living residences from
30 admitting or retaining consumers whose service needs exceed
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1 the level of those services available at Category I or
2 Category II residences, INCLUDING DISCHARGE PROVISIONS, IF <--
3 NECESSARY AND INCLUDING A PROCESS FOR EXTERNAL REVIEW OR
4 APPEALS OF DECISIONS TO NO LONGER RETAIN A CONSUMER.
5 (11) Provide for the implementation of fire and safety
6 and consumer care standards relating to adult living
7 residences by cities of the first class, second class and
8 second class A.
9 (12) Ensure that any regulations established in
10 accordance with this section shall be consistent with
11 regulations of the department relating to the funding of
12 residential care for the mentally ill or mentally retarded
13 adults and any regulations of the Department of Aging
14 relating to domiciliary care.
15 (13) Develop standards and qualifications for assisted
16 living residence administrators.
17 (14) Develop standards for orientation and training for
18 all direct service staff in an assisted living residence.
19 (15) Provide for the posting in adult living residences
20 of information regarding the Long-Term Care Ombudsman
21 Program, including the process whereby the services of the
22 local ombudsman can be readily accessed including the
23 telephone number, and name of the contact person. Such
24 information shall be posted in a conspicuous location that is
25 readily accessible and shall be presented in a form easily
26 understood and read by consumers.
27 (16) Develop standards, for admission to adult living
28 residences and for provision of assisted living services,
29 including:
30 (i) Completion of a comprehensive assessment process
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1 and development of a comprehensive service plan for each
2 consumer.
3 (ii) Requirements for information which must be
4 provided PRIOR TO ADMISSION to consumers of adult living <--
5 residences and assisted living services.
6 (iii) Requirements for adult living residency
7 contracts, including development of a standardized adult
8 living residency contract.
9 Section 6. Criminal history and reporting of suspected abuse.
10 The requirements of Chapters 5 and 7 of the act of November
11 6, 1987 (P.L.381, No.79), known as the Older Adults Protective
12 Services Act, FOR FACILITIES shall apply to adult living <--
13 residences and providers of assisted living services.
14 Section 7. License required.
15 No person shall establish, maintain, operate or hold itself
16 out as authorized to establish, maintain or operate:
17 (1) A personal care home without first having obtained a
18 Category I license issued by the department.
19 (2) An assisted living residence without first having
20 obtained a Category II license issued by the department.
21 Section 8. Application for license.
22 (a) Submission to department.--Any provider desiring to
23 secure a Category I license or Category II license shall submit
24 an application on a form prescribed by the department and shall
25 submit any other information required by the department.
26 (b) Fees.--The following fee shall accompany an application
27 for a license or for renewal of a license until modified by the
28 department by regulation:
29 (1) Residences with less than 20 beds - $50.
30 (2) Residences with 20-50 beds - $100.
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1 (3) Residences with 51-100 beds - $250.
2 (4) Residences with more than 100 beds - $500.
3 Section 9. Issuance of licenses.
4 A license issued by the department under this act shall:
5 (1) Be issued for a period not to exceed one year.
6 (2) Be issued only to the applicant.
7 (3) Be issued only when the applicant has achieved
8 compliance with the rules and regulations of the Commonwealth
9 departments provided for under sections 4 (relating to powers <--
10 and duties of Commonwealth departments and agencies) and 5
11 (relating to rules and regulations). <--
12 (4) Not be transferable unless the department approves
13 the transfer of license. The department may deny transfers to
14 friends, relatives or business associates, if it appears that
15 the purpose of the transfer is to avoid licensure action or
16 if it appears that the previous owner will continue to have
17 involvement in the residence or business.
18 (5) Be posted at all time in a conspicuous and readily
19 accessible place on the premises of the adult living
20 residence.
21 Section 10. Standards for admission.
22 The rules and regulations for the licensing of adult living
23 residences promulgated by the department not later than one year
24 after the effective date of this section shall provide that:
25 (1) Prior to admission to an adult living residence, an
26 initial standardized screening instrument shall determine the
27 appropriateness of the admission and shall be completed for
28 all consumers. This standardized screening instrument shall
29 be developed by the Department of Public Welfare, in
30 cooperation with the Department of Aging, the Department of
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1 Health and the Intra-Governmental Council on Long-Term Care.
2 In no way shall the utilization of this standardized
3 instrument be in lieu of an options assessment for any
4 consumer who may need publicly funded services.
5 (2) In addition to the screening, a medical evaluation
6 shall be completed and signed by a physician prior to
7 admission to an adult living residence, using a form approved
8 by the department. Thereafter, an annual screening and a
9 medical evaluation shall be administered to each consumer
10 annually and when there is a significant change in condition
11 of the consumer. A subsequent screening and evaluation may be
12 prompted by a request from the consumer, the residence, the
13 consumer's family or their legal representative, where
14 applicable.
15 (3) Following completion of a comprehensive assessment,
16 an appropriately trained person INDIVIDUAL DESIGNATED BY THE <--
17 ADMINISTRATOR at the residence shall work in cooperation with
18 an interdisciplinary team that includes the consumer, the
19 consumer's legal representative or the consumer's family
20 member to develop a written comprehensive service plan
21 consistent with the consumer's unique physical and
22 psychosocial needs with recognition of the consumer's
23 capabilities and preferences.
24 (4) Adult living residences may not admit a consumer
25 before a determination has been made that the needs of the
26 consumer can be met based upon:
27 (i) The completed screening instrument.
28 (ii) The medical evaluation report.
29 (iii) An interview between the adult living
30 residence and the consumer, and if applicable, the
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1 consumer's family, legal representative, or both.
2 (5) Assisted living residences with a Category II
3 license shall:
4 (i) Foster aging in place and promote consumer self-
5 direction and active participation in decision making
6 while emphasizing a consumer's privacy and dignity, BASED <--
7 ON THE CONSUMER'S COGNITIVE CAPABILITY.
8 (ii) Permit consumers to live independently in the
9 residential environment of their choice with privacy and
10 dignity.
11 (iii) Promote integration of consumers into the
12 community and participation in the mainstream of
13 activities.
14 (iv) Maximize consumer choice to promote and support
15 the consumer's changing needs and preferences.
16 (v) Be consumer oriented and meet professional
17 standards of quality.
18 (6) An assisted living residence administrator shall
19 refer a consumer whose needs cannot be met by an assisted
20 living residence for a standardized screening.
21 (7) A comprehensive service plan shall be on file for
22 each consumer and shall be strictly adhered to in the
23 provision of care and services provided to the consumer.
24 (8) Each consumer, or the consumer's legal
25 representative, shall receive an information packet at the
26 time of application which shall include the following items,
27 to be presented in a form easily understood and read by the
28 consumer:
29 (i) A copy of the adult living residence's policies.
30 (ii) Advance directive information, including
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1 information on the right to have or not have an advance
2 directive.
3 (iii) Information regarding licensure status.
4 (iv) Telephone numbers of the local long-term care
5 ombudsman program and the local area agency on aging.
6 (v) A copy of the adult living residency contract
7 used by the adult living residence and all rates charged.
8 (vi) A copy of the internal complaint resolution
9 mechanism used by the adult living residence.
10 (vii) A disclosure stating the rights of consumers
11 under this act.
12 (viii) Information regarding the discharge policy of
13 the adult living residence, INCLUDING A CONSUMER'S RIGHT <--
14 TO APPEAL A DECISION, AS WELL AS INFORMATION ON THE
15 APPEAL PROCEDURE AND THE REASON FOR THE DISCHARGE.
16 (9) All consumers shall receive a standard written adult
17 living residency contract which shall include the actual rent
18 and other charges for services provided by the adult living
19 residence. The contract shall also include a disclosure
20 statement which shall include the following:
21 (i) That the consumer shall have 24 hours from the
22 time of presentation to sign the contract.
23 (ii) That if the contract is signed upon
24 presentation, the consumer shall have 72 hours to rescind
25 the contract.
26 (10) A consumer shall have the right to leave and return
27 to the adult living residence IN ACCORDANCE WITH RESIDENCE <--
28 PROCEDURES, receive visitors, have access to a telephone and
29 mail and participate in religious activities.
30 (11) Adult living residence owners, administrators and
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1 direct service staff shall be prohibited from being assigned
2 power of attorney or guardianship for consumers.
3 Section 11. Right to enter and inspect.
4 (a) General rule.--The department shall have the right to
5 enter and inspect any adult living residence that is licensed or
6 required to be licensed under this act, with or without prior
7 notice. The department shall have the right to free and full
8 access to inspect and examine the assisted living residence and
9 its grounds and the records of the residence and the licensee.
10 The department shall also have immediate and full opportunity to
11 privately interview any member of the direct service staff. The
12 department shall contact the Long-term care ombudsman and shall
13 utilize any consumer-related information available to be
14 provided by that office when conducting inspections under this
15 section.
16 (b) Initial licensure inspection.--Before an adult living
17 residence is licensed and permitted to open, operate or admit
18 residents and before assisted living services are provided to
19 consumers, it shall be inspected by the department and be found
20 in compliance with the requirements set forth in this act and
21 the resulting regulations.
22 (c) Annual unannounced inspections required.--The department
23 shall annually conduct at least one onsite, unannounced
24 inspection of each adult living residence.
25 (d) Special unannounced inspections.--Within 24 hours, upon
26 receipt of a complaint from any person alleging an immediate
27 serious risk to the health or safety of a consumer in an adult
28 living residence, the department shall conduct an onsite
29 unannounced inspection of the adult living residence. Complaints
30 prompting an inspection pursuant to this subsection may include
20050H0259B2105 - 21 -
1 severe injury or death of a consumer in the adult living
2 residence, reports of abuse or conditions or practices that
3 create an immediate and serious risk to a consumer.
4 (e) Time period for unannounced inspections.--Except for
5 complaints under subsection (d), the department shall determine
6 the acceptable time period in which complaints shall be
7 investigated based upon the seriousness of the complaint.
8 (f) Annual report.--The department shall submit on an annual
9 basis a report to the Aging and Youth Committee of the Senate
10 and the Aging and Older Adult Services Committee of the House of
11 Representatives regarding the findings of the inspections
12 required by this section.
13 (g) Administrative search warrants.--Notwithstanding the
14 inspection and access powers of the department under subsection
15 (a), upon showing probable cause that there is a violation of
16 this act or regulations under this act, a court of competent
17 jurisdiction or a district justice where the residence is
18 located shall issue an administrative search warrant to the
19 department. The warrant shall identify the address of the adult
20 living residence to be searched, the hours during which the
21 search will occur and any documents or objects to be seized.
22 Section 12. Relocation of consumers in assisted living
23 residences.
24 (a) Conditions.--Except as provided in subsection (c), the
25 department, in conjunction with appropriate local authorities,
26 shall relocate consumers from an assisted living residence if
27 any of the following conditions exist:
28 (1) The assisted living residence is operating without a
29 license.
30 (2) The licensee is voluntarily closing the assisted
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1 living residence and relocation is necessary for the health
2 and safety of the consumers.
3 (3) The licensee is being involuntarily closed or has
4 engaged in conduct that endangers the health and safety of
5 consumers.
6 (b) Assistance.--The department shall offer relocation
7 assistance to consumers relocated under this section. Except in
8 an emergency, consumers shall be involved in planning their
9 transfer to another placement and shall have the right to choose
10 among the available alternative placements. The department may
11 make temporary placement until final placement can be arranged.
12 Consumers shall be provided with an opportunity to visit
13 alternative placement before relocation or following temporary
14 emergency relocation. Consumers shall choose their final
15 placement and shall be given assistance in transferring to such
16 place.
17 (c) When prohibited.--Consumers may not be relocated
18 pursuant to this section if the department determines in writing
19 that such relocation is not in the best interest of the
20 consumers.
21 Section 13. Assisted living residence administrators.
22 (a) Appointment.--No later than 90 days after the effective
23 date of this act SECTION, all assisted living residences shall <--
24 identify and appoint an assisted living residence administrator
25 or administrators who meet, within one year of the effective
26 date of the regulations promulgated under section 5 (relating to <--
27 rules and regulations), at a minimum, the qualifications
28 provided in this section. EDUCATION AND TRAINING REQUIREMENTS <--
29 FOR ASSISTED LIVING RESIDENCE ADMINISTRATORS SHALL MEET OR
30 EXCEED REQUIREMENTS FOR PERSONAL CARE HOME ADMINISTRATORS.
20050H0259B2105 - 23 -
1 (b) Qualification.--An assisted living residence
2 administrator shall satisfy either of the following
3 qualifications:
4 (1) (i) be 21 years of age or older and be of good
5 moral character;
6 (ii) have a high school diploma or a GED
7 equivalency; and
8 (iii) have knowledge, education and training, as it
9 pertains to assisted living residences, in all of the
10 following:
11 (A) Fire prevention and emergency planning.
12 (B) First aid and cardiopulmonary resuscitation
13 (CPR) certification, medications, medical terminology
14 and personal hygiene.
15 (C) Federal, State and local laws and
16 regulations.
17 (D) Nutrition, food handling and sanitation.
18 (E) Recreation.
19 (F) Matters relating to dementia, including
20 normal aging, cognitive, psychological and function
21 abilities of older persons.
22 (G) Mental health issues.
23 (H) Assisted living philosophy.
24 (I) Use and benefits of assistive technology.
25 (J) Team building and stress reduction for
26 assisted living residence staff.
27 (K) Working with family members.
28 (L) Awareness, identification, prevention and
29 reporting of abuse and neglect.
30 (M) Mission and purpose of services to
20050H0259B2105 - 24 -
1 individuals with cognitive impairments.
2 (N) Communication skills and management of
3 behavioral challenges.
4 (O) Community resources and social services.
5 (P) Staff supervision, budgeting, financial
6 recordkeeping and training; or
7 (2) Be a licensed nursing home administrator or
8 certified personal care home administrator who has completed
9 a course of instruction in the administration of an assisted
10 living residence, including instruction in all areas
11 enumerated under paragraph (1)(iii).
12 (c) Training.--All administrators shall complete a
13 department-approved training course of a minimum of 120 100 <--
14 hours. All administrators shall pass a test which has been
15 approved by the department and administered by an entity
16 approved by the department at the end of training to demonstrate
17 proficiency in the application of skills and knowledge.
18 (d) Continuing education.--Every two years, all ALL <--
19 administrators shall complete 36 hours of 24 HOURS OF ANNUAL <--
20 continuing education that has been approved by the department
21 and is applicable to the practice of assisted living
22 administrators.
23 Section 14. Staff orientation and training in assisted living
24 residences.
25 (a) General rule.--The department shall promulgate
26 regulations, not later than 90 days after the effective date of
27 this act SECTION to develop standards for orientation and <--
28 training for all direct service staff in assisted living
29 residences. Such orientation and training shall include the
30 following areas:
20050H0259B2105 - 25 -
1 (1) Fire prevention and emergency planning.
2 (2) First aid and CPR certification, medications,
3 medical terminology and personal hygiene.
4 (3) Federal, State and local laws and regulations.
5 (4) Nutrition, food handling and sanitation.
6 (5) Recreation.
7 (6) Matters relating to dementia, including normal
8 aging, cognitive, psychological and functional abilities of
9 older persons.
10 (7) Mental health issues.
11 (8) Assisted living philosophy.
12 (9) Use and benefits of assistive technology.
13 (10) Team building and stress reduction for assisted
14 living residence staff.
15 (11) Working with family members.
16 (12) Awareness, identification, prevention and reporting
17 of abuse and neglect.
18 (13) Mission and purpose of services to individuals with
19 cognitive impairments.
20 (14) Communication skills and management of behavioral
21 challenges.
22 (15) Community resources and social services.
23 (b) Department-administered training.--If not otherwise
24 available, the department shall schedule and offer, at cost,
25 training and educational programs for a person to meet the
26 knowledge, educational and training requirements established by
27 this act.
28 Section 15. Staffing levels and training.
29 (a) General rule.--The department shall establish staffing
30 levels for assisted living residences depending upon the
20050H0259B2105 - 26 -
1 facility population, mobility of residents and cognitive
2 impairments to insure:
3 (1) Direct service staff to meet the unplanned and
4 unscheduled needs of consumers.
5 (2) Direct service staff to meet consumers' planned and
6 scheduled needs as required in their comprehensive service
7 plans.
8 (3) Additional staff or contracted services to meet
9 laundry, food service, housekeeping, transportation and
10 maintenance needs of the assisted living residence.
11 (b) Training.--All direct service staff shall complete a
12 department approved education and training program and obtain a
13 certificate of completion. Direct service staff shall complete
14 training and demonstrate proficiency in a manner approved by the
15 department in each training component prior to independent work
16 in that area. EDUCATION AND TRAINING REQUIREMENTS FOR CATEGORY <--
17 II ASSISTED LIVING RESIDENCE DIRECT SERVICE STAFF SHALL MEET OR
18 EXCEED THE REQUIREMENTS FOR DIRECT SERVICE STAFF IN A CATEGORY I
19 PERSONAL CARE HOME.
20 Section 16. Persons with special needs.
21 (a) Immobile persons.--Immobile persons who do not require
22 the services of a licensed long-term care facility, but who
23 require assisted living residence services, shall be permitted
24 to reside in an adult living residence with a Category II
25 license, provided that the design, construction, staffing or
26 operation of the assisted living residence allows for safe
27 emergency evacuation.
28 (b) Alzheimer's disease, dementia and cognitive
29 impairment.--For consumers with Alzheimer's disease or dementia
30 or where the adult living residence holds itself out to the
20050H0259B2105 - 27 -
1 public as providing services or housing for persons with
2 cognitive impairments, adult living residences shall disclose to
3 consumers and provide:
4 (1) the residence's written statement of its philosophy
5 and mission which reflects the needs of individuals with
6 cognitive impairments;
7 (2) a description of the residence's physical
8 environment and design features to support the functioning of
9 adults with cognitive impairments;
10 (3) a description of the frequency and types of
11 individual and group activities designed specifically to meet
12 the needs of residents with cognitive impairments;
13 (4) a description of security measures provided by the
14 facility;
15 (5) a description of training provided to staff
16 regarding provision of care to consumers with cognitive
17 impairments;
18 (6) a description of availability of family support
19 programs and family involvement; and
20 (7) the process used for assessment and establishment of
21 a plan of services for the consumer, including methods by
22 which the plan of services will remain responsive to changes
23 in the consumer's condition.
24 (c) Cognitive support services.--
25 (1) An adult living residence shall provide to a
26 cognitively impaired consumer cognitive support services,
27 including dementia-specific activity programming.
28 (2) Within 30 days of admission of a cognitively
29 impaired consumer, the adult living residence shall register
30 the consumer with the Commonwealth's Safe Return Program for
20050H0259B2105 - 28 -
1 individuals with cognitive impairments and tendencies to
2 wander.
3 Section 17. Violations.
4 (a) Notice of violations.--Upon finding a violation of this
5 act or the department's regulations, the department shall issue
6 a notice of violation to the licensee. The notice shall indicate
7 the class of violation, the fine due, the date by which an
8 acceptable plan of correction must be submitted to the
9 department and the date by which the violation must be corrected
10 to avoid additional fines.
11 (b) Classification of violations.--The department shall
12 classify violations into three classes of violations: Class I,
13 II and III with Class I being the most dangerous or harmful to
14 health, safety and well-being and Class III being the least.
15 Violations shall be classified based on scope and severity,
16 including impact and potential impact.
17 (c) Fines.--
18 (1) The department shall:
19 (i) Develop a process for assessing fines which
20 shall provide that the most serious violations or a
21 pattern of noncompliance shall lead to imposition of a
22 set fine per resident without an opportunity for the
23 licensee to correct.
24 (ii) Impose an additional set fine for each class of
25 violation per resident per day that the violation remains
26 uncorrected beyond the correction date called for by the
27 department.
28 (2) Fines shall also be imposed for failure to comply
29 with an approved plan of correction and offering false proof
30 of correction.
20050H0259B2105 - 29 -
1 (3) Money collected by the department under this section
2 shall be used to defray the expenses incurred by consumers
3 relocated under this act. Any moneys remaining shall be used
4 by the department for enforcing the provisions of this act.
5 Fines collected pursuant to this act shall not be subject to
6 the provisions of 42 Pa.C.S. § 3733 (relating to deposits
7 into account).
8 (d) Correction of violations.--When cited for violation, a
9 licensee shall submit a plan of correction indicating how it
10 will remedy the problem and prevent recurrence. The department
11 shall determine whether the plan of correction is acceptable as
12 a tool which, upon implementation, will bring the facility into
13 compliance. Correction must be achieved, in accordance with the
14 plan of correction or department instructions, prior to the
15 issuance or renewal of a license. The licensee must demonstrate
16 implementation of the plan and provide verification to the
17 department that compliance has been achieved in order to
18 maintain licensure status and avoid additional fines. Submission
19 of a plan of correction shall not amount to correction.
20 (e) Complaints.--
21 (1) The department shall receive complaints 24 hours a
22 day. Complaints submitted to the department shall be
23 investigated swiftly based on the threat the allegation, if
24 true, poses to the complainant and other residents. In
25 determining the threat posed and the time frame within which
26 to investigate, the department shall presume the facts
27 alleged to be true.
28 (2) Investigations shall be through unannounced
29 inspections conducted by department staff who have received
30 training in complaint investigation techniques or a separate
20050H0259B2105 - 30 -
1 delegated complaint investigation team.
2 (3) In no circumstances shall the complaint
3 investigation be completed by the licensing representative
4 assigned to the annual licensing inspections for the
5 facility.
6 (f) Provisional license.--
7 (1) Where a licensee has uncorrected Class III
8 violations, but an acceptable plan of correction has been
9 submitted, the licensee may be issued a provisional license
10 for a period of up to six months. Any subsequent provisional
11 license may only be issued for different Class III violations
12 than were the cause of the previous provisional license.
13 (2) A licensee may receive up to four consecutive
14 provisional licenses, however, the licensee must then achieve
15 full compliance or no license shall be issued. No subsequent
16 provisional license shall be issued in the case of recurrence
17 of the same violations.
18 (g) Criminal penalties.--A licensee that intentionally
19 commits a violation or continues to operate an adult living
20 residence without a license by the department commits a
21 misdemeanor of the second degree and shall, upon conviction, be
22 sentenced to pay a fine of $5,000 or to imprisonment for not
23 more than two years, or both.
24 Section 18. Reasons for denial, nonrenewal or revocation of a
25 license.
26 The department may deny, refuse or renew or revoke a license
27 for all or any portion of an adult living residence or may
28 suspend or restrict admissions to the residence for any of the
29 following reasons:
30 (1) Failure of a licensee to submit an acceptable plan
20050H0259B2105 - 31 -
1 of correction with a reasonable timetable to correct
2 violations.
3 (2) The existence of a pattern of violations.
4 (3) Failure to comply with a plan of correction or to
5 report violations in accordance with a timetable submitted by
6 the applicant and agreed upon by the department.
7 (4) Fraud or deceit in obtaining or attempting to obtain
8 a license.
9 (5) Lending, borrowing or using the license of another
10 or in any way knowingly aiding or abetting the improper
11 granting of a license.
12 (6) Incompetence, negligence or misconduct in operating
13 the adult living residence.
14 (7) Mistreatment or abuse of a consumer of the adult
15 living residence.
16 (8) Violation of the provisions of this act or the
17 regulations promulgated under this act.
18 (9) Violation of other applicable Federal or State laws.
19 Section 19. Licensure appeals.
20 (a) Nature of proceeding.--A licensee aggrieved by a
21 decision of the department under this act shall have the right
22 to an appeal. The appeal shall be conducted in accordance with 2
23 Pa.C.S. Ch. 5 Subch. A (relating to practice and procedure of
24 Commonwealth agencies) to the bureau.
25 (b) Time for hearing.--
26 (1) Except as provided in paragraph (2), a hearing shall
27 be held by the bureau within 90 days of receipt of the notice
28 of request for a hearing.
29 (2) If the bureau determines that continued operation,
30 pending administrative review, poses an immediate threat to
20050H0259B2105 - 32 -
1 the consumers in the assisted living residence or if the
2 department has implemented an emergency action pursuant to
3 section 21(c) (relating to actions against violations of law <--
4 and regulations) and a timely request for a hearing has been
5 made, a hearing shall be held within 15 days after the
6 receipt of the response or request for a hearing.
7 (3) Hearing dates specified in this subsection may be
8 extended by the bureau for good cause if agreed to by all
9 parties.
10 (c) Decisions.--A decision shall be issued within 60 days
11 after the final day of the hearing. In the case of an expedited
12 hearing under subsection (b)(2), a decision shall be issued
13 within five days after the final date of the hearing.
14 (d) Subpoenas.--The presiding officer may issue a subpoena
15 at the request of either party.
16 (e) Discovery.--Discovery shall be limited to reasonable
17 requests for production of documents and identification of
18 witnesses. All other discovery shall be by mutual agreement of
19 the parties.
20 Section 20. Effect of departmental orders.
21 Orders of the department from which no appeal is taken to the
22 bureau and orders of the bureau from which no timely appeal is
23 taken to the court shall be final orders and may be enforced by
24 a court of competent jurisdiction.
25 Section 21. Actions against violations of law and regulations.
26 (a) Violations.--Whenever any person, regardless of whether
27 such person is a licensee, has violated any of the provisions of
28 this act or the regulations issued pursuant thereto, the
29 department may maintain an action in the name of the
30 Commonwealth for an injunction or other process restraining or
20050H0259B2105 - 33 -
1 prohibiting such person from engaging in such activity.
2 (b) Residence closure for threat to health or safety.--
3 Whenever the department determines that a violation poses an
4 immediate and serious threat to the health or safety of the
5 consumers of an adult living residence, the department may
6 direct the closure of the residence and the transfer of the
7 consumers to other adult living residences with either a
8 Category I or a Category II license or other locations that are
9 determined to appropriately meet the care needs of the displaced
10 consumers. The department may petition the Commonwealth Court or
11 the court of common pleas of the county in which the adult
12 living residence is located to appoint the department temporary
13 management of the adult living residence. If granted, the
14 department shall assume operation of the adult living residence
15 at the licensee's expense until there is an orderly closure of
16 the adult living residence.
17 (c) Unlicensed adult living residences.--
18 (1) Whenever a license is required by this act, the
19 department may maintain an action in a court of competent
20 jurisdiction in the name of the Commonwealth for an
21 injunction or other process restraining or prohibiting any
22 person from establishing, maintaining or operating an adult
23 living residence that does not possess a Category I license
24 or Category II license.
25 (2) If a person who is refused a license or the renewal
26 of a license to operate or conduct an adult living residence,
27 or whose license to operate or conduct an adult living
28 residence is revoked, fails to appeal, or should such appeal
29 be decided finally favorable to the department, then the
30 court shall issue a permanent injunction upon proof that the
20050H0259B2105 - 34 -
1 person is operating or conducting an adult living residence
2 without a license as required by this act.
3 Section 22. Injunction or restraining order when appeal is
4 pending.
5 Whenever the department refuses to renew or revokes a license
6 or orders a person to refrain from violating this act or the
7 regulations promulgated under this act and the person, deeming
8 himself aggrieved by the refusal, revocation or order, appeals
9 from the action of the department to the board or from the order
10 of the bureau to the court, the court may during pendency of the
11 appeal:
12 (1) issue a restraining order or injunction upon a
13 showing that the continued operation of the adult living
14 residence adversely affects the health, safety or care of the
15 consumers of the adult living residence; or
16 (2) authorize continued operation of the residence or
17 make such other order, pending final disposition of the case,
18 as justice and equity require.
19 Section 23. Annual report.
20 (a) Contents of.--The Department of Public Welfare shall,
21 after consulting with the Department of Aging and the Department
22 of Health, provide an annual report to the Intra-Governmental
23 Council on Long-Term Care. The annual report shall include, at a
24 minimum, the following:
25 (1) The total number of adult living residences and
26 assisted living services providers in this Commonwealth as
27 well as the numbers of residences and providers newly
28 licensed within the previous year. Such report shall also
29 include information presented separately regarding Category I
30 personal care homes and Category II assisted living
20050H0259B2105 - 35 -
1 residences.
2 (2) Complaints received by the licensing departments,
3 the ombudsman program or 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.
18 (7) Recommendations for additional legislative or
19 regulatory action to improve the quality, affordability or
20 accessibility of assisted living in this Commonwealth.
21 (b) Review process.--The Intra-Governmental Council on Long-
22 Term Care shall have 30 days to review the report and to prepare
23 written comments thereto. Such comments shall include
24 recommendations regarding legislation or regulations and
25 reporting methods. After the 30-day review and comment period,
26 the council shall forward the department's report and their
27 written comments to the Governor, the Aging and Youth Committee
28 of the Senate and the Aging and Older Adult Services Committee
29 of the House of Representatives.
30 Section 24. Legislative Budget and Finance Committee study.
20050H0259B2105 - 36 -
1 Within nine months after the effective date of this section,
2 the Legislative Budget and Finance Committee shall report to the
3 General Assembly on existing Federal and other states'
4 initiatives and programs that provide financial assistance for
5 assisted living. This study shall include information on other
6 Federal or state assisted living programs that are effectively
7 administered and can be considered a model.
8 Section 25. Committee regulation review.
9 In accordance with the act of June 25, 1982 (P.L.633,
10 No.181), known as the Regulatory Review Act, all regulations
11 promulgated pursuant to this act shall be referred to the Aging
12 and Youth Committee of the Senate and the Aging and Older Adult
13 Services Committee of the House of Representatives.
14 Section 26. Increase to State supplemental assistance for
15 persons in personal care homes.
16 (a) General rule.--Notwithstanding any other provision of
17 the act of June 13, 1967 (P.L.31, No.21), known as the Public
18 Welfare Code, or regulations of the department to the contrary,
19 the amount of the State supplemental assistance payable to a
20 person who is eligible under section 432(2)(ii) of the Public
21 Welfare Code and who is a resident of a personal care home shall
22 be increased by an amount of $15 per day.
23 (b) Consumer Price Index Adjustment.--The amount of State
24 supplemental assistance payable under subsection (a) shall be
25 increased beginning July 1, 2006, by an amount equal to the
26 increase in the Consumer Price Index for Urban Wage Earners for
27 the immediately preceding calendar year, which amount shall be
28 published in the Pennsylvania Bulletin annually by the
29 department on or before the preceding November 30.
30 Section 27. Severability.
20050H0259B2105 - 37 -
1 If any provision of this act or the application thereof to
2 any person or circumstances is held invalid, such invalidity
3 shall not affect other provisions or applications of the act
4 which can be given effect without the invalid provision or
5 application, and to this end the provisions of this act are
6 declared to be severable.
7 Section 28. Repeal.
8 All acts and parts of acts are repealed insofar as they are
9 inconsistent with this act.
10 Section 29. Effective date.
11 This act shall take effect in one year. <--
12 THIS ACT SHALL TAKE EFFECT AS FOLLOWS: <--
13 (1) SECTION 7 SHALL TAKE EFFECT IN TWO YEARS.
14 (2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN ONE
15 YEAR.
L20L67DMS/20050H0259B2105 - 38 -