PRIOR PRINTER'S NOS. 776, 802 PRINTER'S NO. 1189
No. 704 Session of 2007
INTRODUCED BY VANCE, WASHINGTON, BAKER, BROWNE, EARLL, ERICKSON, FOLMER, FUMO, KITCHEN, MELLOW, MUSTO, O'PAKE, ORIE, PICCOLA, PIPPY, PUNT, RAFFERTY, STACK, STOUT, TOMLINSON, WAUGH, D. WHITE, M. WHITE, C. WILLIAMS, WONDERLING, WOZNIAK, SCARNATI, REGOLA, RHOADES, MADIGAN AND McILHINNEY, MARCH 29, 2007
SENATOR VANCE, AGING AND YOUTH, RE-REPORTED AS AMENDED, JUNE 19, 2007
AN ACT 1 Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An 2 act to consolidate, editorially revise, and codify the public 3 welfare laws of the Commonwealth," further providing for 4 INTRA-GOVERNMENTAL COUNCIL ON LONG-TERM CARE AND FOR rules <-- 5 and regulations for personal care homes and assisted living 6 residences. 7 The General Assembly of the Commonwealth of Pennsylvania 8 hereby enacts as follows: 9 Section 1. Section 213 heading and (c) of the act of June <-- 10 13, 1967 (P.L.31, No.21), known as the Public Welfare Code, 11 added December 21, 1988 (P.L.1883, No.185), are amended and the 12 section is amended by adding a subsection to read: 13 SECTION 1. SECTION 212(B) OF THE ACT OF JUNE 13, 1967 <-- 14 (P.L.31, NO.21), KNOWN AS THE PUBLIC WELFARE CODE, IS AMENDED BY 15 ADDING A PARAGRAPH TO READ: 16 SECTION 212. INTRA-GOVERNMENTAL COUNCIL ON LONG-TERM CARE.-- 17 * * *
1 (B) THE INTRA-GOVERNMENTAL COUNCIL ON LONG-TERM CARE SHALL 2 BE COMPOSED OF AND APPOINTED IN ACCORDANCE WITH THE FOLLOWING: 3 * * * 4 (9.1) TWO REPRESENTATIVES OF THE ASSISTED LIVING RESIDENCE 5 COMMUNITY, ONE OF WHOM SHALL BE AN OWNER OR ADMINISTRATOR OF A 6 LICENSED ASSISTED LIVING RESIDENCE AND ONE OF WHOM SHALL BE A 7 CONSUMER OF A LICENSED ASSISTED LIVING RESIDENCE. 8 * * * 9 SECTION 1.1. SECTION 213 HEADING AND (C) OF THE ACT, ADDED 10 DECEMBER 21, 1988 (P.L.1883, NO.185), ARE AMENDED AND THE 11 SECTION IS AMENDED BY ADDING A SUBSECTION TO READ: 12 Section 213. Personal Care Home [Administrator] and Assisted 13 Living Residence Administrators.--* * * 14 (a.1) All assisted living residences shall identify and 15 appoint an administrator or administrators who meet the 16 qualifications provided in this section for personal care home 17 administrators and any additional standards pertaining to the 18 operations of assisted living residences as the department may 19 establish by regulation. 20 * * * 21 (c) The department may promulgate regulations requiring 22 orientation and training for all direct care staff in a personal 23 care home or assisted living residence. 24 * * * 25 Section 2. The definition of "facility" in section 1001 of 26 the act, amended December 21, 1988 (P.L.1883, No.185), is 27 amended and the section is amended by adding definitions to 28 read: 29 Section 1001. Definitions.--As used in this article-- 30 * * * 20070S0704B1189 - 2 -
1 "Assisted living residence" means any premises in which food, 2 shelter, personal care, assistance or supervision and 3 supplemental health care services are provided for a period 4 exceeding twenty-four hours or FOR four or more adults who are <-- 5 not relatives of the operator, who require assistance or 6 supervision in such matters as dressing, bathing, diet, 7 financial management, evacuation from the residence in the event 8 of an emergency or medication prescribed for self- 9 administration. 10 "Assisted living residence administrator" means an individual 11 who is charged with the general administration of an assisted 12 living residence, whether or not such individual has an 13 ownership interest in the residence or his function and duties 14 are shared with other individuals. 15 * * * 16 "Facility" means an adult day care center, child day care 17 center, family day care home, boarding home for children, mental 18 health establishment, personal care home, assisted living 19 residence, nursing home, hospital or maternity home, as defined 20 herein, [and shall not include those] except to the extent that 21 such a facility is operated by the State or Federal governments 22 or those supervised by the department[.], or licensed pursuant 23 to the act of July 19, 1979 (P.L.130, No.48), known as the 24 "Health Care Facilities Act." 25 * * * 26 "Supplemental health care service" SERVICES" means the <-- 27 provision by an assisted living residence of any type of health 28 care service, either directly or through contractors, 29 subcontractors, agents or designated providers, except for any 30 service that is required by law to be provided by a health care 20070S0704B1189 - 3 -
1 facility pursuant to the act of July 19, 1979 (P.L.130, No.48), 2 known as the "Health Care Facilities Act." 3 Section 3. Section 1006 of the act, amended December 21, <-- 4 1988 (P.L.1883, No.185), is amended to read: 5 Section 1006. Fees.--Annual licenses shall be issued when 6 the proper fee, if required, is received by the department and 7 all the other conditions prescribed in this act are met. For 8 personal care homes and assisted living residences, the fee 9 shall be an application fee. The fees shall be: 10 Facility Annual Fee 11 Adult day care center $ 15 12 Mental health establishment 50 13 Personal care home 14 or assisted 15 living residence -- [0] 4 - 20 beds 15 16 -- 21 - 50 beds 20 17 -- 51 - 100 beds 30 18 --101 beds and above 50 19 No fee shall be required for the annual license in the case 20 of day care centers, family day care homes, boarding homes for 21 children or for public or nonprofit mental institutions. 22 SECTION 3. SECTION 1021 OF THE ACT IS AMENDED TO READ: <-- 23 SECTION 1021. REGULATIONS.--(A) THE DEPARTMENT IS HEREBY 24 AUTHORIZED AND EMPOWERED TO ADOPT REGULATIONS ESTABLISHING 25 MINIMUM STANDARDS FOR BUILDING, EQUIPMENT, OPERATION, CARE, 26 PROGRAM AND SERVICES AND FOR THE ISSUANCE OF LICENSES. 27 (B) THE DEPARTMENT SHALL, BY REGULATION, SET FEES FOR 28 APPLICATION FOR ASSISTED LIVING RESIDENCE LICENSURE AND 29 LICENSURE RENEWAL TO ENSURE THAT THE COMMONWEALTH'S 30 ADMINISTRATION AND OVERSIGHT OF ASSISTED LIVING RESIDENCE 20070S0704B1189 - 4 -
1 LICENSURE IS SELF-FUNDED. FEES RECEIVED BY THE DEPARTMENT SHALL 2 AUGMENT THE DEPARTMENT'S FUNDING FOR QUALITY ASSURANCE AND SHALL 3 BE USED FOR THE PURPOSES OF THIS ARTICLE. 4 (C) THE DEPARTMENT SHALL DEVELOP REGULATIONS UNDER THIS 5 ARTICLE IN COLLABORATION WITH INDUSTRY STAKEHOLDERS, CONSUMERS 6 AND OTHER INTERESTED PARTIES. 7 Section 4. The definition of "private institution" in 8 section 1051 of the act, amended December 21, 1988 (P.L.1883, 9 No.185), is amended to read: 10 Section 1051. Definition.--As used in this subarticle-- 11 "Private institution" means any of the following facilities 12 by whatever term known and irrespective of the age group served: 13 Mental hospital, institution for the mentally defective, day 14 care center, nursing home, hospital, personal care home, 15 assisted living residence and other similar institution which is 16 operated for profit and which requires a license issued by the 17 department. 18 Section 5. Sections 1057.1, 1057.2(a), 1057.3, 1085 19 introductory paragraph, 1086(e) and 1087 of the act, added 20 December 21, 1988 (P.L.1883, No.185), are amended to read: 21 Section 1057.1. Appeals.--(a) An appeal from the decision 22 of the department relating to the licensure or revocation of a 23 personal care home or assisted living residence shall not act as 24 a supersedeas but, upon cause shown and where circumstances 25 require it, the reviewing authority shall have the power to 26 grant a supersedeas. 27 (b) If, without good cause, one or more Class I or Class II 28 violations remain uncorrected or when the home or residence has 29 demonstrated a pattern of episodes of noncompliance alternating 30 with compliance over a period of at least two years such as 20070S0704B1189 - 5 -
1 would convince a reasonable person that any correction of 2 violations would be unlikely to be maintained, the department 3 may petition the court to appoint a master designated as 4 qualified by the department to assume operation of the home or 5 residence at the [home's] operator's expense for a specified 6 period of time or until all violations are corrected and all 7 applicable laws and regulations are complied with. 8 Section 1057.2. Relocation.--(a) The department, in 9 conjunction with appropriate local authorities, shall relocate 10 residents from a personal care home or assisted living residence 11 if any of the following conditions exist: 12 (1) The home or residence is operating without a license. 13 (2) The licensee is voluntarily closing a home or residence 14 and relocation is necessary for the health and welfare of the 15 resident or residents. 16 * * * 17 Section 1057.3. Rules and Regulations for Personal Care Home 18 and Assisted Living Residences.--(a) The rules and regulations 19 for the licensing of personal care homes and assisted living 20 residences promulgated by the department shall require that: 21 (1) Prior to a resident's admission to a personal care home 22 or assisted living residence, an initial standardized screening 23 instrument be completed for that resident by the [personal care 24 home] provider or a human service agency. Such standardized 25 screening instrument shall be developed by the department. 26 [This] 27 (i) For a personal care home, the screening will be done to 28 determine that the potential resident does not require the 29 services in or of a long-term care facility [or] and whether the 30 potential resident requires the services of a personal care 20070S0704B1189 - 6 -
1 [services] home and, if so, the nature of the services and 2 supervision necessary. 3 (ii) For an assisted living residence, the screening will be 4 done to determine whether the potential resident requires the 5 services provided by an assisted living residence. A resident 6 who currently does not require assistance in obtaining 7 supplemental health care service SERVICES, but who may require <-- 8 such services in the future or who wishes to obtain assistance 9 in obtaining such services or reside in a facility in which such 10 services are available, may be admitted to the assisted living 11 residence, provided the resident is only provided service 12 required or requested by the resident. 13 (iii) An initial screening shall not be required to commence 14 supplemental health care services to a resident of an assisted 15 living facility who was not receiving such services at the time 16 of the resident's admission; to transfer a resident from a 17 portion of an assisted living residence that does not provide 18 supplemental health care service SERVICES to a portion of the <-- 19 residence that provides such service; or to transfer a resident 20 from a personal care home to an assisted living residence 21 licensed by the same operator. 22 (2) In addition to the screening, each resident receive a 23 complete medical examination by a physician prior to, or within 24 thirty days of, admission and that, once admitted, each resident 25 receive a screening and medical evaluation at least annually. 26 (3) A personal care home or assisted living residence 27 administrator refer an applicant whose needs cannot be met by [a 28 personal care home] the home or residence to an appropriate 29 assessment agency. 30 (3.1) PRIORITY FOR MEDICAID-FUNDED HOME AND COMMUNITY-BASED <-- 20070S0704B1189 - 7 -
1 WAIVER SERVICES SHALL BE GIVEN TO PROSPECTIVE OR CURRENT 2 RESIDENTS OF ASSISTED LIVING RESIDENCES FOR WHOM PLACEMENT IN A 3 SKILLED NURSING FACILITY IS IMMINENT ABSENT ACCESS TO SAID 4 WAIVER. 5 (4) Each resident be provided by the administrator with 6 notice of any Class I or Class II violations uncorrected after 7 five days. 8 (5) All residents sign a standard written admission 9 agreement which shall include the disclosure to each resident of 10 the actual rent and other charges for services provided by the 11 personal care home or assisted living residence. 12 (6) For residents eligible for Supplemental Security Income 13 (SSI) benefits, actual rent and other charges not exceed the 14 resident's actual current monthly income reduced by a personal 15 needs allowance for the resident in an amount to be determined 16 by the department, but not less than twenty-five dollars ($25). 17 (7) A personal care home or assisted living residence not 18 seek or accept any payments from a resident who is a 19 Supplemental Security Income (SSI) recipient in excess of one- 20 half of any funds received by the resident under the act of 21 March 11, 1971 (P.L.104, No.3), known as the "Senior Citizens 22 Rebate and Assistance Act." 23 (8) A personal care home or assisted living residence not 24 seek or accept from a resident who is eligible for Supplemental 25 Security Income (SSI) benefits any payment from any funds 26 received as lump sum awards, gifts or inheritances, gains from 27 the sale of property, or retroactive government benefits: 28 Provided, however, That an owner or operator may seek and accept 29 payments from funds received as retroactive awards of Social 30 Security or Supplemental Security Income (SSI) benefits, but 20070S0704B1189 - 8 -
1 only to the extent that the retroactive awards cover periods of 2 time during which the resident actually resided in the personal 3 care home or assisted living residence. 4 (9) Each resident who is a recipient of, or an eligible 5 applicant for, Supplemental Security Income (SSI) benefits be 6 provided, at no additional charge to the resident, necessary 7 personal hygiene items and personal laundry services. This 8 requirement does not include cosmetic items. 9 (10) All residents may leave and return to [the] a personal 10 care home or assisted living residence, receive visitors, have 11 access to a telephone and mail and participate in religious 12 activities. 13 (11) Personal care home and assisted living residence 14 owners, administrators or employes be prohibited from being 15 assigned power of attorney or guardianship for any resident. 16 (12) Each assisted living residence demonstrate the ability 17 to provide supplemental health care services in a manner duly 18 protective of the health, safety and well-being of its residents 19 utilizing employes, independent contractors or contractual 20 arrangements with other health care facilities or practitioners 21 licensed, registered or certified to the extent required by law 22 to provide such service. To the extent prominently disclosed in 23 a written admission agreement, an assisted living residence may 24 require residents to use providers of supplemental health care 25 services designated by the facility. 26 (13) A personal care home not provide supplemental health 27 care services to residents, provided, however, that a personal 28 care home may assist residents in obtaining health care services 29 in the manner provided by 55 Pa. Code §§ 2600.29 (relating to 30 hospice care and services), 2600.142 (relating to assistance 20070S0704B1189 - 9 -
1 with health care) and 2600.181 (relating to self-administration) 2 through 2600.191 (relating to medications) or as otherwise 3 provided by regulations adopted by the department not 4 inconsistent with the requirements of this section. 5 (b) [The] Subject to subsection (a)(13), the department 6 shall not prohibit immobile persons who do not require the 7 services of a licensed long-term care facility[, but who require 8 personal care services,] from residing in a personal care home, 9 provided that appropriate personal care services and health care 10 services are available to the resident and the design, 11 construction, staffing or operation of the personal care home 12 allows for safe emergency evacuation. Persons requiring the 13 services of a licensed long-term care facility, including 14 immobile persons, may reside in an assisted living residence, 15 provided that appropriate supplemental health care services are 16 provided such residents and the design, construction, staffing 17 and operation of the assisted living residence allows for their 18 safe emergency evacuation. 19 (c) An assisted living residence may not admit, retain or 20 serve a consumer with any of the following conditions or health 21 care needs UNLESS AN EXCEPTION IS GRANTED BY THE DEPARTMENT: <-- 22 (1) Ventilator dependency. 23 (2) Stage III and IV, or multiple stage II decubiti and <-- 24 vascular ulcers that are not in a healing stage. 25 (3) Continuous intravenous fluids. 26 (4) Reportable infectious diseases, such as tuberculosis, in 27 a communicable state that require isolation of the consumer or 28 require special precautions by a caretaker to prevent 29 transmission of the disease unless the Department of Health 30 directs that isolation be established within the assisted living 20070S0704B1189 - 10 -
1 residence. 2 (5) Nasogastric tubes. 3 (6) Gastric tubes, except when the consumer is capable of <-- 4 self-care of the tube. 5 (7) (6) Physical restraints. <-- 6 (8) Tracheostomy except when the consumer is independently <-- 7 capable of self-care of the tracheostomy. 8 (9) Other conditions for which care cannot be provided in a 9 safe and effective manner in an assisted living residence as 10 determined by regulations adopted by the department. 11 (10) A consumer for whom an assisted living residence 12 administrator, acting in consultation with supplemental health 13 care providers, or whose physician or the medical director of 14 the facility, certifies is not appropriate for admission or 15 retention in an assisted living residence. 16 (11) A consumer for whom a determination is made that the 17 consumer's health care needs cannot be met by a provider of 18 personal care or assisted living services or within an assisted 19 living residence, including a consumer requiring: 20 (i) skilled nursing care twenty-four hours per day; 21 (ii) a sliding scale insulin administration unless the 22 consumer is capable of self-administration or a licensed health 23 care professional or other individual qualified to do so 24 administers the insulin; 25 (iii) intermittent intravenous therapy unless a licensed 26 health care professional manages the therapy; 27 (iv) insertions, sterile irrigation and replacement of a 28 catheter, except for routine maintenance of a urinary catheter, 29 unless the consumer is capable of self-administration or a 30 licensed health care professional administers the catheter; 20070S0704B1189 - 11 -
1 (v) oxygen, unless the consumer is capable of self- 2 administration or a licensed health care professional 3 administers the oxygen; 4 (vi) inhalation therapy, unless the consumer is capable of 5 self-administration or a licensed health care professional 6 administers the therapy; or 7 (vii) other types of supplemental health care services that 8 an assisted living residence administrator, acting in 9 consultation with supplemental health care providers, determines 10 cannot be provided in a safe and effective manner by the 11 assisted living residence. 12 (D) ANY OF THE FOLLOWING INDIVIDUALS MAY CERTIFY THAT A <-- 13 CONSUMER MAY NOT BE ADMITTED OR RETAINED IN AN ASSISTED LIVING 14 RESIDENCE AND THE DEPARTMENT SHALL ESTABLISH THE STANDARDS 15 REQUIRED FOR THE CERTIFICATION: 16 (1) THE ASSISTED LIVING RESIDENCE ADMINISTRATOR ACTING IN 17 CONSULTATION WITH SUPPLEMENTAL HEALTH CARE PROVIDERS. 18 (2) A CONSUMER'S PHYSICIAN OR CERTIFIED REGISTERED NURSE 19 PRACTITIONER. 20 (3) THE MEDICAL DIRECTOR OF THE FACILITY. 21 (E) AN ASSISTED LIVING RESIDENCE MAY ADMIT, RETAIN OR SERVE 22 A CONSUMER FOR WHOM A DETERMINATION IS MADE BY THE DEPARTMENT 23 THAT THE CONSUMER'S SPECIFIC HEALTH CARE NEEDS CAN BE MET BY A 24 PROVIDER OF ASSISTED LIVING SERVICES OR WITHIN AN ASSISTED 25 LIVING RESIDENCE, INCLUDING A CONSUMER REQUIRING: 26 (1) GASTRIC TUBES, EXCEPT THAT A DETERMINATION SHALL NOT BE 27 REQUIRED IF THE CONSUMER IS CAPABLE OF SELF-CARE OF THE GASTRIC 28 TUBE OR A LICENSED HEALTH CARE PROFESSIONAL OR OTHER QUALIFIED 29 INDIVIDUAL CARES FOR THE GASTRIC TUBE; 30 (2) TRACHEOSTOMY, EXCEPT THAT A DETERMINATION SHALL NOT BE 20070S0704B1189 - 12 -
1 REQUIRED IF THE CONSUMER IS INDEPENDENTLY CAPABLE OF SELF-CARE 2 OF THE TRACHEOSTOMY; 3 (3) SKILLED NURSING CARE TWENTY-FOUR HOURS A DAY, EXCEPT 4 THAT A DETERMINATION SHALL NOT BE REQUIRED IF THE SKILLED 5 NURSING CARE IS PROVIDED ON A TEMPORARY OR INTERMITTENT BASIS; 6 (4) A SLIDING SCALE INSULIN ADMINISTRATION, EXCEPT THAT A 7 DETERMINATION SHALL NOT BE REQUIRED IF THE CONSUMER IS CAPABLE 8 OF SELF-ADMINISTRATION OR A LICENSED HEALTH CARE PROFESSIONAL OR 9 OTHER QUALIFIED INDIVIDUAL ADMINISTERS THE INSULIN; 10 (5) INTERMITTENT INTRAVENOUS THERAPY, EXCEPT THAT A 11 DETERMINATION SHALL NOT BE REQUIRED IF A LICENSED HEALTH CARE 12 PROFESSIONAL MANAGES THE THERAPY; 13 (6) INSERTIONS, STERILE IRRIGATION AND REPLACEMENT OF A 14 CATHETER, EXCEPT THAT A DETERMINATION SHALL NOT BE REQUIRED FOR 15 ROUTINE MAINTENANCE OF A URINARY CATHETER, IF THE CONSUMER IS 16 CAPABLE OF SELF-ADMINISTRATION OR A LICENSED HEALTH CARE 17 PROFESSIONAL ADMINISTERS THE CATHETER; 18 (7) OXYGEN, EXCEPT A DETERMINATION SHALL NOT BE REQUIRED IF 19 THE CONSUMER IS CAPABLE OF SELF-ADMINISTRATION OR A LICENSED 20 HEALTH CARE PROFESSIONAL OR OTHER QUALIFIED INDIVIDUAL 21 ADMINISTERS THE OXYGEN; 22 (8) INHALATION THERAPY, EXCEPT THAT A DETERMINATION SHALL 23 NOT BE REQUIRED IF THE CONSUMER IS CAPABLE OF SELF- 24 ADMINISTRATION OR A LICENSED HEALTH CARE PROFESSIONAL OR OTHER 25 QUALIFIED INDIVIDUAL ADMINISTERS THE THERAPY; 26 (9) OTHER TYPES OF SUPPLEMENTAL HEALTH CARE SERVICES THAT AN 27 ASSISTED LIVING RESIDENCE ADMINISTRATOR, ACTING IN CONSULTATION 28 WITH SUPPLEMENTAL HEALTH CARE PROVIDERS, DETERMINES CAN BE 29 PROVIDED IN A SAFE AND EFFECTIVE MANNER BY THE ASSISTED LIVING 30 RESIDENCE; OR 20070S0704B1189 - 13 -
1 (10) OTHER TYPES OF CARE THAT CAN BE PROVIDED IN A SAFE AND 2 EFFECTIVE MANNER IN AN ASSISTED LIVING RESIDENCE AS DETERMINED 3 BY REGULATIONS ADOPTED BY THE DEPARTMENT. 4 (d) (F) (i) Subject to subsection (a)(12), an assisted <-- 5 living residence may admit or retain a resident who does not 6 require supplemental health care services or who, subject to any 7 restrictions provided in the written resident agreement, makes 8 alternative arrangements for such services. 9 (ii) Portions or sections of an assisted living residence 10 may be designated for use by residents not requiring 11 supplemental health care services, or for a facility may provide <-- 12 services both to residents receiving supplemental health care 13 service SERVICES and to residents not receiving such service <-- 14 within the same portions or sections of its residence. 15 Section 1085. Classification of Violations.--The department 16 shall classify each violation of its regulations [on] by 17 personal care homes or assisted living residences into one of 18 the following categories: 19 * * * 20 Section 1086. Penalties.--* * * 21 (e) A personal care home or assisted living residence found 22 to be operating without a license shall be assessed a penalty of 23 five hundred dollars ($500). If, after fourteen days, a provider 24 [of a personal care home] cited for operating without a license 25 fails to file an application for a license, the department shall 26 assess an additional twenty dollars ($20) for each resident for 27 each day in which the home or residence fails to make such 28 application. 29 * * * 30 Section 1087. Revocation or Nonrenewal of License.--(a) (1) 20070S0704B1189 - 14 -
1 The department shall temporarily revoke the license of a 2 personal care home or assisted living residence if, without good 3 cause, one or more Class I violations remain uncorrected twenty- 4 four hours after the [personal care home] operator has been 5 cited for such violation or if, without good cause, one or more 6 Class II violations remain uncorrected fifteen days after being 7 cited for such violation. 8 (2) Upon the revocation of a license pursuant to this 9 subsection, all residents shall be relocated. 10 (3) The revocation may terminate upon the department's 11 determination that its violation is corrected. 12 (4) If, after three months, the department does not issue a 13 new license for a personal care home or assisted living 14 residence license revoked pursuant to this section: 15 (i) Such revocation or nonrenewal pursuant to this section 16 shall be for a minimum period of five years. 17 (ii) No provider of a personal care home or assisted living 18 residence who has had a license revoked or not renewed pursuant 19 to this section shall be allowed to operate or staff or hold an 20 interest in a home or residence that applies for a license for a 21 period of five years after such revocation or nonrenewal. 22 (b) The department shall revoke or refuse to renew the 23 license of a personal care home or assisted living residence if, 24 during any two-year period, the home or residence, without good 25 cause, on two or more separate occasions, has been found to have 26 violated a regulation of the department which has been 27 categorized as Class I. 28 (c) The power of the department to revoke or refuse to renew 29 or issue a license pursuant to this section is in addition to 30 the powers and duties of the department pursuant to section 20070S0704B1189 - 15 -
1 1026. 2 Section 6. The following transitional provisions shall 3 apply: 4 (1) A facility licensed as a personal care home upon the 5 effective date of this section shall not provide supplemental 6 health care services to its residents until the facility 7 submits an application to the department to operate an 8 assisted living residence and the department issues a license 9 to the facility to operate as an assisted living residence. 10 (2) Prior to the issuance of application forms and the 11 adoption of regulations pertaining to assisted living 12 residences, the department shall issue licenses to operators 13 of personal care homes to operate assisted living residences 14 based upon the review of plans submitted by the operator 15 demonstrating the ability of a facility to safely and 16 effectively operate as an assisted living residence pursuant 17 to the requirements of this act. 18 (3) Unless the department, pursuant to section 213(a.1) 19 of the act, promulgates final regulations establishing 20 additional qualifications for assisted living residence 21 administrators, a personal care home administrator may serve 22 as an assisted living residence administrator, and unless the 23 department, pursuant to section 213(a.1) of the act, 24 promulgates final regulations establishing additional 25 orientation or training requirements for direct care staff in 26 an assisted living residence, direct care staff who have 27 received orientation and training required for a personal 28 care home may serve as direct care staff in an assisted 29 living residence. 30 (4) Except to the extent inconsistent with this act, a 20070S0704B1189 - 16 -
1 reference in another statute to a personal care home, a 2 personal care boarding home, personal care housing or a 3 personal care home administrator shall be construed to also 4 include an assisted living residence or an assistant living 5 residence administrator, including, but not limited to, the 6 use of such terms in: 7 (i) the definition of "caretaker" in 18 Pa.C.S. § 8 2713; 9 (ii) the definition of "health care provider" in 42 10 Pa.C.S. § 5101.1; 11 (iii) the definition of "health center" in 53 12 Pa.C.S. § 5602; 13 (iv) the authorization to conduct studies and 14 evaluations and to develop community housing options by 15 the Department of Aging as provided by section 2203-A of 16 the act of April 9, 1929 (P.L.177, No.175), known as The 17 Administrative Code of 1929; 18 (v) the authorization to develop community-based 19 service and housing options for impaired and chronically 20 ill older persons provided to area agencies on aging by 21 section 2207-A of The Administrative Code of 1929; 22 (vi) the term "residence" in section 2201-A of the 23 act of July 28, 1953 (P.L.723, No.230), known as the 24 Second Class County Code, 25 (vii) the authorization to provide tax exempt bond 26 allocations pursuant to Chapter 27 of the act of June 29, 27 1996 (P.L.434, No.67), known as the Job Enhancement Act; 28 (viii) the definition of "exempt facility" in 29 section 2702 of the Job Enhancement Act; 30 (ix) the definition of "facility" in section 103 of 20070S0704B1189 - 17 -
1 the act of November 6, 1987 (P.L.381, No.79), known as
2 the Older Adults Protective Services Act;
3 (x) establishing the qualifications for a pediatric
4 extended care center administrator pursuant to section
5 15(b)(2) of the act of November 24, 1999 (P.L.884,
6 No.54), known as the Prescribed Pediatric Extended Care
7 Centers Act;
8 (xi) the definition of "health care provider" in
9 section 503 of the act of March 20, 2002 (P.L.154,
10 No.13), known as the Medical Care Availability and
11 Reduction of Error (Mcare) Act;
12 (xii) the definition of "facility" in section 2 of
13 the act of December 9, 2002 (P.L.1388, No.171), known as
14 the Elder Care Payment Restitution Act;
15 (xiii) the list of facilities required to make
16 refunds pursuant to section 3 of the Elder Care Payment
17 Restitution Act; or
18 (xiv) the definition of "family" as excluding
19 persons residing in a personal care boarding home in
20 section 3 of the act of November 30, 2004 (P.L.1561,
21 No.198), known as the Family Support for Persons with
22 Disabilities Act.
23 Section 7. This act shall take effect in 60 days JANUARY 1, <--
24 2009.
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