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        PRIOR PRINTER'S NOS. 776, 802                 PRINTER'S NO. 1189

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

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
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     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
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     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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