PRINTER'S NO. 404
No. 354 Session of 2007
INTRODUCED BY SANTONI, BIANCUCCI, BISHOP, CALTAGIRONE, CAPPELLI,
COHEN, EACHUS, FRANKEL, FREEMAN, GEIST, GOODMAN, GRUCELA,
HENNESSEY, JAMES, KOTIK, MANN, MELIO, PETRONE, PRESTON,
SCAVELLO, SOLOBAY, STABACK, THOMAS, WALKO, YOUNGBLOOD AND
YUDICHAK, FEBRUARY 9, 2007
REFERRED TO COMMITTEE ON AGING AND OLDER ADULT SERVICES,
FEBRUARY 9, 2007
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
17 Department of Public Welfare, provides a variety of special
1 services that enhance the quality of life for seniors.
2 (5) The Department of Aging, with the cooperation of
3 other departments, also conducts studies and evaluations
4 pertaining to the quality of care and related services for
5 consumers of long-term care services and those living in
6 long-term care facilities.
7 (6) The Commonwealth finds it beneficial to review the
8 activities and environment of long-term care facilities in
9 order to recommend and fully utilize Federal, State and
10 community resources that enhance the quality of life for
11 older persons.
12 (7) The Commonwealth seeks to promote best practices in
13 long-term care by offering technical assistance to long-term
14 care facilities.
15 (8) The creation of a Center for Long-Term Care
16 Technical Assistance and Resource Development within the
17 Department of Aging would maintain and improve long-term care
18 physical settings while expanding the quality of life and
19 care of residents in long-term care facilities.
20 The General Assembly of the Commonwealth of Pennsylvania
21 hereby enacts as follows:
22 Section 1. Short title.
23 This act shall be known and may be cited as the Long-Term
24 Care Technical Assistance and Resource Program Act.
25 Section 2. Definitions.
26 The following words and phrases when used in this act shall
27 have the meanings given to them in this section unless the
28 context clearly indicates otherwise:
29 "Center." The Center for Long-Term Care Technical Assistance
30 and Resource Development.
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1 "Department." The Department of Aging of the Commonwealth.
2 "Facility." A long-term care facility that is licensed by
3 the Commonwealth to provide long-term care. The term includes,
4 but is not limited to, the following:
5 (1) A long-term care nursing facility as defined in
6 section 802.1 of the act of July 19, 1979 (P.L.130, No.48),
7 known as the Health Care Facilities Act.
8 (2) A personal care home as defined in section 1001 of
9 the act of June 13, 1967 (P.L.31, No.21), known as the Public
10 Welfare Code.
11 "Surveyor." An individual employed by the Department of
12 Aging and assigned to the Center for Long-Term Care Technical
13 Assistance and Resource Development to conduct consultations and
14 assessments at the request of a facility and offer
15 recommendations in accordance with this act.
16 Section 3. Establishment of center.
17 The Center for Long-Term Care Technical Assistance and
18 Resource Development is established within the Department of
19 Aging.
20 Section 4. Duties of center.
21 The center shall have the following duties:
22 (1) Provide surveyors that will consult with a facility
23 to identify existing safety and health care issues so the
24 facility may improve the quality of its physical setting and
25 the standard of care for the residents. The responsibility
26 for any and all action or improvements either suggested by a
27 surveyor or contained in a technical assistance report
28 remains at the discretion of the facility.
29 (2) Assess a facility's compliance with current
30 licensure rules and regulations. At no time may a surveyor
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1 report any deficiencies to a department with licensing
2 authority over the facility or impose any penalties for
3 violations on behalf of a department.
4 (3) Assist facilities to identify existing State
5 resources so the facilities may improve the quality of their
6 physical setting and increase the standard of care for
7 residents of the facility.
8 Section 5. Surveyor qualifications.
9 (a) General rule.--A surveyor shall at a minimum possess:
10 (1) Prior experience that includes, but is not limited
11 to, a thorough knowledge of the rules and regulations of the
12 oversight department for a facility that the surveyor is
13 assigned.
14 (2) Prior experience that includes, but is not limited
15 to, a thorough knowledge of the assessment procedures
16 performed by the oversight department for a facility that the
17 surveyor is assigned.
18 (3) Experience with survey protocols. This paragraph
19 shall not be construed to mean that a surveyor may conduct
20 surveys on behalf of an oversight department.
21 (4) Prior experience with best practices in quality
22 assurance, resident-centered care and staff empowerment.
23 (b) Additional consideration.--Prior employment in a nursing
24 home, licensure as a nursing home administrator or experience as
25 a consultant to nursing facilities in the area of quality
26 improvement or regulatory compliance may be considered as
27 qualifications in determining employment of a surveyor.
28 Section 6. Responsibilities and duties of surveyor.
29 A surveyor shall:
30 (1) Provide an onsite visit and consultation to a
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1 facility only upon request of a facility administrator, with
2 no more than two onsite visits within a single calendar year.
3 (2) Offer to review facility survey information, minimum
4 data set quality improvement indicators information,
5 complaint and incident reports and other applicable data
6 before making any recommendations.
7 (3) Consult with a facility's staff and residents.
8 (4) Offer technical assistance on quality improvement
9 techniques based best practices identified by various bodies
10 or agencies experienced in understanding techniques for
11 quality improvement in clinical services, management,
12 operations and labor practices.
13 (5) Identify possible Federal, State or community
14 resources that may be available to a facility to resolve or
15 improve its physical setting and enhance the delivery of care
16 to its residents.
17 (6) Offer a regulatory point of view about how issues
18 may be scrutinized by the department with licensure authority
19 over a facility.
20 (7) Provide a technical assistance report only to the
21 facility that requested the consultation. This paragraph
22 shall not be construed to prevent a surveyor from providing
23 information as required under section 8 or providing
24 statistical information to the department for reporting
25 requirements under section 9.
26 Section 7. Immunity.
27 A surveyor acting within the scope of this act shall not be
28 personally liable for any citations or deficiencies filed
29 against the facility by any department with licensing authority
30 over the facility.
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1 Section 8. Confidentiality.
2 (a) Technical assistance reports not public records.--
3 Technical assistance reports shall not be considered public
4 records and shall not be provided to any person outside the
5 center except:
6 (1) The facility that has requested the technical
7 assistance.
8 (2) Whenever a surveyor, while acting within the scope
9 of this act, discovers a condition during a consultation or
10 assessment that poses a serious threat to a resident's health
11 or safety at the facility, the surveyor shall report the
12 condition to the local adult protective services agency
13 utilizing procedures consistent with those contained in the
14 act of November 6, 1987 (P.L.381, No.79), known as the Older
15 Adults Protective Services Act, as well as any Federal and
16 State regulatory procedures pertaining to the licensed
17 facility.
18 (b) Records not subject to subpoena.--
19 (1) Under no circumstances shall the reports,
20 information and records compiled by a surveyor during a
21 consultation be subject to subpoena, discovery or
22 introduction into evidence in any civil or criminal
23 proceeding unless the reports, information and records show a
24 condition that poses a serious threat to the health or safety
25 of a resident.
26 (2) Nothing in this subsection shall be construed to
27 prevent information, documents or records otherwise available
28 from other sources and retained by a facility and only
29 reviewed or presented to a surveyor to be subject to a
30 subpoena, discovery or introduction into evidence in any
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1 civil, administrative or criminal proceeding.
2 (c) Surveyors not subject to subpoena.--
3 (1) Surveyors shall not be subpoenaed, questioned or
4 required to testify in any civil, administrative or criminal
5 proceeding regarding information presented to the surveyor or
6 opinions formed as a result of any consultation performed
7 within the scope of the surveyor's duties under this act
8 unless the information pertains to a condition that posed a
9 serious threat to the health or safety of a resident.
10 (2) Nothing in this subsection shall be construed to
11 prevent a surveyor from being subpoenaed, questioned or
12 required to testify to information obtained independently
13 from the duties of the surveyor or on information that is
14 public.
15 (d) Penalty.--A person who violates the confidentiality
16 provisions of this section commits a misdemeanor of the second
17 degree.
18 Section 9. Report to General Assembly.
19 (a) Contents.--The center shall provide a report to the
20 General Assembly that contains the following:
21 (1) The total number of facilities, by category, that
22 requested a consultation.
23 (2) A list of various deficiencies found within
24 facilities, by category.
25 (3) Information on the number of reports that were
26 forwarded to the State Long-Term Care Ombudsman for
27 conditions that posed a serious threat of harm to an
28 individual.
29 (4) Information regarding best practices and innovative
30 programs that ensure quality and recommendations for training
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1 on those best practices.
2 (5) Recommendations for changing or modifying
3 regulations that prevent or inhibit innovation.
4 (b) Identifying information.--At no time shall identifying
5 information be contained in the report.
6 Section 10. Regulations.
7 Within one year of the effective date of this section, the
8 department shall promulgate rules and regulations to administer
9 and enforce this act. The provisions of this act and the rules
10 and regulations adopted in accordance with this act shall not
11 affect the authority granted to any licensing department in
12 connection with a facility.
13 Section 11. Funding.
14 The Department of Aging shall employ, with such funds as may
15 be annually appropriated by the General Assembly, sufficient
16 staff and services to carry out the requirements of this act.
17 Section 12. Effective date.
18 This act shall take effect January 1, 2008, or immediately,
19 whichever is later.
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