THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY MUNDY, McILVAINE SMITH, K. SMITH, BRENNAN, BRIGGS, D. COSTA, DeWEESE, FABRIZIO, FRANKEL, GEORGE, GOODMAN, HARHAI, HORNAMAN, JOSEPHS, MANDERINO, MILNE, MURPHY, M. O'BRIEN, PARKER, PAYTON, PHILLIPS, READSHAW, SANTONI, SIPTROTH, STURLA, J. TAYLOR, WALKO, YOUNGBLOOD, BROWN, BELFANTI, DeLUCA, KORTZ, KULA, QUINN, FREEMAN, MURT AND EACHUS, MARCH 31, 2009

AS REPORTED FROM COMMITTEE ON AGING AND OLDER ADULT SERVICES, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 10, 2009   

AN ACT

Establishing the Department of Aging and Long-Term Living and

providing for its powers and duties; and making related

repeals.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the Department of

Aging and Long-Term Living Act. 

Section 2.  Objectives.

The objectives of this act shall be all of the following:

(1)  To establish a cabinet-level State agency that

combines the Department of Aging and selected functions of

the Department of Public Welfare and whose jurisdiction, the

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Department of Public Welfare.

(2)  To establish an agency whose jurisdiction, powers

and duties concern and are directed to advancing the well-

being and full participation of people with disabilities and 

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older adults through the provision of long-term living

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services creation and growth of programs and activities that

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support health and wellness of older adults, assist older

adults in maintaining lives of independence and dignity, and

encourage the involvement of older adults in the community.

(3)  To establish an agency whose jurisdiction, powers

and duties concern and are directed to advancing the well-

being and full participation of people with disabilities

through the provision of long-term living services in a

manner that assists them in attaining and maintaining lives

of independence and dignity and promotes involvement and

integration in the community.

(2) (4)  To effect the maximum feasible coordination of

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and eliminate duplication in the Commonwealth’s

administration of certain Federal and State programs for

people with disabilities and older adults.

(3) (5)  To promote the development of a long-term living

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system that includes consumer choice and self-direction,

recognizes cultural differences and language barriers and is

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responsive to the needs and preferences of people with

disabilities and older adults, recognizes their cultural

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differences and language barriers and assists them to attain

and maintain lives of independence, dignity, integration and

involvement in the social, economic and political affairs of

their communities at each stage of their adult life,

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including changes that may require additional care and

services.

(4) (6)  To promote the efficient and economical

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administration and delivery of long-term living services to

people with disabilities and older adults in ways that assure

that long-term living services are provided in a manner

consistent with applicable Federal and State law, including

Title XIX of the Social Security Act (49 Stat. 620, 42 U.S.C.

§ 1396 et seq.).

Section 3.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this subsection unless the

context clearly indicates otherwise:

"Adult."  A person residing in this Commonwealth who is at

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least 18 years of age.

"Adult daily living center."  An older adult daily living

center as defined in the act of July 11, 1990 (P.L.499, No.118),

known as the Older Adult Daily Living Centers Licensing Act. 

"Area agency."  The single local area agency on aging

designated by the Department of Aging and Long-Term Living

within each planning and service area to administer the delivery

of a comprehensive and coordinated plan of social and other

services and activities.

"Area plan."  The plan submitted to the Department of Aging

and Long-Term Living by an area agency describing the methods by

which it will ensure a coordinated and comprehensive plan of

social and other services and activities in the planning and

service area.

"Assessment."  A determination based on a comprehensive

review of an individual’s social, physical and psychological

status and needs, using the instruments and procedures

established by the department for this purpose. 

"Assisted living residence."  An assisted living residence as

defined in the act of July 25, 2007 (P.L.402, No.56), entitled

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"An act amending the act of June 13, 1967 (P.L.31, No.21),

entitled 'An act to consolidate, editorially revise, and codify

the public welfare laws of the Commonwealth,' further providing

for State plan for regulating and licensing personal care homes,

for Intra-Governmental Council on Long-Term Care and for rules

and regulations for personal care homes and assisted living

residences." in section 1001 of the act of June 13, 1967

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(P.L.31, No.21), known as the Public Welfare Code.

"Centers for independent living."  A center for independent

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living as defined in the Rehabilitation Act of 1973 (Public Law

93-112, 29 U.S.C. § 701 et seq.).

"Community senior center."  A center where older adults

congregate for services and activities that support their

independence, enhance their quality of life and encourage their

involvement in the community.

"Council."  The Council on Aging and Long-Term Living.

"Department."  The Department of Aging and Long-Term Living

of the Commonwealth.

"Domiciliary care."  A living arrangement in the community

which provides a safe, supportive, homelike residential setting

for no more than three adults who are unrelated to the

domiciliary care provider and who cannot live independently in

the community.

"Long-term living services."  Those services designed to

provide diagnostic, therapeutic, rehabilitative, preventive,

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wellness, supportive or maintenance services for individuals who

have chronic or episodic functional impairments provided in

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settings including, but not limited to, the individual’s home, 

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an adult daily living center, domiciliary care, a personal care 

home, an assisted living residence or a nursing facility. The

term does not include services authorized under the act of

October 20, 1966 (Sp.Sess. 3, P.L.96, No.6), known as the Mental

Health and Mental Retardation Act of 1966, or similar services

funded under Title XIX of the Social Security Act (49 Stat. 620,

42 U.S.C. § 1396 et seq.).

"Nursing facility."  A long-term care nursing facility

licensed by the Department of Health pursuant to the act of July

19, 1979 (P.L.130, No.48), known as the Health Care Facilities

Act. 

"Older adults," "older persons," "aging," or "elderly."  Any

persons residing within this Commonwealth who are at least 60

years of age.

"Older Americans Act of 1965."  The Older Americans Act of

1965 (Public Law 89-73, 42 U.S.C. § 3001 et seq.).

"People with disabilities."  Individuals 18 to 59 years of

age residing within this Commonwealth who have been determined

to be eligible to receive, or who are receiving, attendant care

services under the act of December 10, 1986 (P.L.1477, No.150),

known as the Attendant Care Services Act, or services under a

home and community-based services waiver or other long-term

living services program administered by the Department of Aging

and Long-Term Living.

"Personal care home."  A personal care home licensed by the

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Department of Public Welfare under Article X of the act of June

13, 1967 (P.L.31, No.21), known as the Public Welfare Code.

"Planning and service area."  The geographic unit within this

Commonwealth, as authorized by the Older Americans Act of 1965

(Public Law 89-73, 42 U.S.C. § 3001 et seq.), for allocation of

funds for the delivery of social services to older adults.

"Secretary."  The Secretary of Aging and Long-Term Living.

"Sole State agency."  As used with reference to the Older

Americans Act of 1965 (Public Law 89-73, 42 U.S.C. § 3001 et

seq.), the Department of Aging and Long-Term Living.

"Support organization."  A private organization that supports

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people with disabilities and older adults through advocacy or

the provision of services.

"Unit of general purpose local government."  As used with

reference to the designation of area agencies on aging, a county

or other unit which carries general government authority for an

area designated as a planning and service area under this act or

a combination of those units.

Section 4.  Department of Aging and Long-Term Living.

(a)  Establishment.--The Department of Aging and Long-Term

Living is established.

(b)  Powers and duties.--The department shall have the power

and duty to do all of the following:

(1)  Administer programs that provide long-term living

services to people with disabilities and older adults.

(2)  Assist with planning and provide consultation to

State agencies with respect to services, programs and

activities which they may furnish to people with disabilities

and older adults.

(3)  Develop and periodically update in consultation with

the council, service providers, centers for independent

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living, support organizations and the area agencies, a

comprehensive plan for coordinating major Commonwealth

services, programs and activities that are directed toward

people with disabilities and older adults who require long-

term living services.

(4)  Administer the former act of November 4, 1983

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(P.L.217, No.63), known as the Pharmaceutical Assistance

Contract for the Elderly Act.

(4)  Administer the Pharmaceutical Assistance Contract

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for the Elderly program as authorized by the act of August

26, 1971 (P.L.351, No.91), known as the State Lottery Law.

(5)  Administer the former act of November 6, 1987

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(P.L.381, No.79), known as the Older Adults Protective

Services Act.

(6)  Prepare for the Governor an annual budget for the

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council as may be reasonably required to address the needs of

the council.

(7)  Make recommendations for legislative action to the

Governor and the General Assembly.

(8)  Publish a description of the organization and

function of the department so that all interested agencies

and individuals may be better able to solicit assistance from

the department.

(9)  Administer and supervise a domiciliary care program

for adults.

(9.1)  License and regulate personal care homes and

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assisted living residences under all powers previously

granted to the Department of Public Welfare as provided in

Articles II and X of the act of June 13, 1967 (P.L.31,

No.21), known as the Public Welfare Code.

(10)  Administer and supervise an attendant care program

for people with disabilities under the act of December 10,

1986 (P.L.1477, No.150), known as the Attendant Care Services

Act, and any related home and community-based services waiver 

for older adults and people with disabilities.

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(11)  Conduct, in cooperation with appropriate State and

local public and private agencies, studies and evaluations

pertaining to the quality of life, health and social needs,

civil rights and status of people with disabilities and older

adults receiving long-term living services and report the

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findings and recommendations to the General Assembly.

(12)  In cooperation with the area agencies and, Federal,

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State and local organizations and agencies that support

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people with disabilities and older adults agencies that

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support people with disabilities and older adults, service

providers, centers for independent living and support

organizations, work toward the development of a continuum of

home and community-based service, transportation and housing

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options for older adults and for people with disabilities

designed to maintain them in the community and avoid or delay

institutional care when clinically appropriate. The

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department shall ensure that consumers are made aware of the

availability of nursing facility services or other

residential settings when identified as a clinically

appropriate option. System development activities shall

include coordinating the Commonwealth’s plans for the

provision, expansion and effective administration of all of

the following:

(i)  In-home services that recognize consumer choice,

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including personal assistance and supportive services,

which shall include consumer-directed services.

(ii)  Housing options such as service-enriched

housing options, personal care homes and assisted living

residences and nursing facility services, when clinically

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appropriate.

(iii)  Special services to caregivers who support

people with disabilities and older adults, recognizing

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the important role that families play in helping older

adults and people with disabilities to live

independently.

(iv)  Adult daily living center services, respite

services and other community-based services to support

caregivers.

(v)  The promotion of informal community supports.

(vi)  Assessment and nursing facility screening 

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Comprehensive and ongoing assessment programs.

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(vii)  Counseling programs to assist individuals in

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determining appropriate long-term living services.

(viii)  Special advocacy efforts to promote greater

awareness of, and more effective response to, Alzheimer’s

disease and other related brain disorders dementia.

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(ix)  Activities and services at community senior

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centers.

(x)  Wellness and preventive health programs.

(13)  In cooperation with the Department of Public

Welfare, and consistent with the authority of the Department

of Public Welfare as the single State agency responsible for

the Medical Assistance Program funded under Title XIX of the

Social Security Act (49 Stat. 620, 42 U.S.C. § 1396 et seq.),

do all of the following:

(i)  Develop and administer a system of preadmission

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assessment for persons who are at risk of needing

institutional care assessment for individuals seeking or

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requiring long-term living services under the medical

assistance program using an instrument that provides

comparable data elements and at comparable intervals as

specified by the State for nursing facilities

participating in the medical assistance program.

(ii)  Develop and administer home and community-based

long-term living service programs for people with

disabilities and older adults who are assessed as being

clinically eligible for nursing facility care, including

residents of assisted living residences, or for the care

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provided by an intermediate care facility for persons

with other related conditions.

(iii)  Administer those provisions of the act of June

13, 1967 (P.L.31, No.  21), known as the Public Welfare

Code, which relate to long-term living services   for

people with disabilities and older adults.

(14)  Review all proposed Commonwealth program plans and

policies, and administrative regulations that are published

in the Pennsylvania Bulletin for their impact on people with

disabilities and older adults. If the secretary believes 

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determines that they have an impact on such persons, the

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secretary may comment in accordance with the provisions of

the act of July 31, 1968 (P.L.769, No.240), referred to as

the Commonwealth Documents Law.

(15)  Promulgate rules and regulations necessary to

perform the duties required of the department under this act.

(16)  At the option of the secretary, to administer the

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provisions of the former act of January 22, 1968 (P.L.42,

No.8), known as the Pennsylvania Urban Mass Transportation

Assistance Law of 1967, which relate to special transit

programs for the elderly. The secretary shall confer with the

Department of Transportation in order to ensure that the

regulations promulgated by the department do not conflict

with those promulgated by the Department of Transportation.

(17)  Review the activities of regulatory agencies of the

Commonwealth which affect the full and fair utilization of

State and community resources for programs and benefits for

people with disabilities and older adults and initiate

programs which will help assure such utilization.

(18) (17)  Conduct, in cooperation with the Department of

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Health and the Department of Public Welfare, periodic studies

and evaluations pertaining to the quality of care and related

services for consumers of long-term living services and

report the findings to the General Assembly.

(19) (18)  Conduct, in cooperation with the Department of

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Health, an ongoing Statewide prescription drug education

program designed to inform older adults of the dangers of

prescription drug abuse and misuse.

(20) (19)  Collaborate with the Department of Community

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and Economic Development and the Pennsylvania Housing Finance

Agency in the location, design, management of and services

for accessible and affordable housing built for people with

disabilities and older adults and upon request, provide

technical assistance to local housing authorities, nonprofit

housing and community groups, redevelopment authorities and

other groups with a special emphasis on programs related to

utility costs, rehabilitation and maintenance of the homes of

those persons.

(21) (20)  Review and comment on all rules, regulations,

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eligibility or payment standards issued by the Department of

Public Welfare, the Department of Health, the Department of

Environmental Protection or the Department of Labor and

Industry relating to the licensure and regulation of nursing

facilities and hospitals; medical assistance, supplemental

security income; home support, homecare, hospice and home

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health care. The rules, regulations and standards may not

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take effect until they have been submitted to the department

for comment.

(22) (21)  Review and comment on rules, regulations,

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eligibility standards or contract provisions issued by the

Department of Revenue and the Department of Transportation

relating to activities financed in whole or in part by the

Pennsylvania Lottery. The rules, regulations, eligibility

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standards and contract provisions may not take effect until

they have been submitted to the department for comment.

(23) (22)  Review and comment on rules, regulations,

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eligibility standards or contract provisions issued by the

Department of Transportation relating to specialized

transportation needs of people with disabilities and older

adults in rural and urban areas. The rules, regulations,

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eligibility standards or contract provisions may not take

effect until they have been submitted to the department for

comment.

(24) (23)  In coordination with the area agencies, 

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centers for independent living, support organizations, 

SERVICE PROVIDERS and the council, develop and conduct

research, demonstration programs and training programs to

advance the interests and identify the care and service needs

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of people with disabilities and older adults.

(25)  Advance the interests of people with disabilities

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and (24)  Serve as an advocate for older adults at all levels

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of government and provide consultation and assistance to the

area agencies, service providers, communities and civic

groups developing local services for people with disabilities

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and older adults.

(25)  Advance the interests of people with disabilities

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at all levels of government and provide consultation to

service providers, support organizations and other groups

developing services and supports for people with

disabilities.

(26)  Maintain a clearinghouse of information related to

the interests of people with disabilities and older adults

and provide technical assistance and consultation to all

agencies, both public and private with respect to programs

and services for those persons.

(27)  Promote, utilizing wherever possible the area

agencies, centers for independent living, support

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organizations and service providers, community education

regarding the problems of people with disabilities and older

adults through institutes, publications and use of

communications media.

(28)  Under the Older Americans Act of 1965, to:

(i)  Evaluate the need for services for older adults

within this Commonwealth and determine the extent to

which public and private programs meet such a need with

special emphasis on the needs and participation of the

minority elderly.

(ii)  Provide for services to older adults that

promote lives of independence, dignity, integration and

involvement through area agencies and other appropriate

agencies, organizations and institutions authorized in

accordance with the Older Americans Act of 1965, related

Federal acts and applicable State law and to stimulate

services and opportunities for older adults which are not

otherwise available.

(iii)  Function as the sole State agency to receive

and disburse Federal funds under the Older Americans Act

of 1965 and State funds made available for providing

services to older adults.

(iv)  Develop and administer the State plan for the

aging required by Federal law.

(v)  Promote and support programs, studies and

policies, in cooperation with other government agencies,

which will enhance the opportunity for continued work,

education and training for older adults.

(vi)  Promote, through the use of area agencies and

direct grants, contracts and technical assistance, the

development of independent community senior centers,

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service organizations, clubs, associations and

organizations dedicated to the rights and needs of older

adults when these are not in conflict with State or area

plans for the aging.

(vii)  Establish and administer a State Long-Term

Care Ombudsman Program, including providing resources to

area agencies or other contractors to investigate and

resolve complaints related to the health, safety or

rights of older adults who are consumers of long-term

living services and prepare and submit to the General

Assembly an annual report containing data and findings

regarding the types of problems experienced and

complaints investigated.

(29)  Provide guidance as requested by the Department of

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Transportation relating to the Department of Transportation's

administration of transportation services as authorized by

Chapter 9 of the act of August 26, 1971 (P.L.351, No.91),

known as the State Lottery Law. The secretary shall confer

with the Department of Transportation in order to ensure that

the regulations promulgated by the department do not conflict

with those promulgated by the Department of Transportation.

(c)  Preference.--In filling vacancies authorized to the

department, the secretary shall assure that preference is given

to people with disabilities and older adults.

Section 5.  Council on Aging and Long-Term Living.

(a)  Creation.--

(1)  There is created in the Office of the Governor the

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Council on Aging and Long-Term Living, which shall consist of

21 persons and which shall include the chairpersons of the

regional councils on aging and long-term living, as described

under subsection (f)(7).

(2)  (i)  At least seven members of the council shall be

older adults.

(ii)  At least seven members of the council shall be

people with disabilities.

(iii)  At least four members of the council shall be

current consumers of long-term living services.

(iv)  At least three members of the council shall be

current providers of services to people with disabilities

or older adults.

(1) There is created in the Office of the Governor the

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Council on Aging and Long-Term Living, which shall consist of

36 persons, be comprised of two subcouncils, the Subcouncil

on Aging and the Subcouncil on Long-Term Living, and include

the chairpersons of the regional councils on aging and long-

term living, as described under subsection (f)(7).

(2) There shall be a chair of the Subcouncil on Aging and

a chair of the Subcouncil on Long-Term Living. These chairs

shall serve as cochairs of the council.

(3) The Subcouncil on Aging shall consist of 18 persons,

inclusive of the Subcouncil chair, comprised as follows:

(i) at least five members who are older adults, with

at least one older adult who receives services through

the department;

(ii) no more than five members who are employed by,

have a financial interest in or are associated with an

entity that provides services to older adults or an

organization that represents such providers;

(iii) no more than five individuals who are

associated with an organization that advocates for older

adults; and

(iv) other individuals selected by the secretary who

may include academic and other professionals with

expertise in the field of aging or caregivers for older

adults.

(4) The Subcouncil on Long-Term Living shall consist of

18 persons, inclusive of the Subcouncil chair, comprised as

follows:

(i) at least five people with disabilities who are

not employed by or have a financial interest in an

organization that provides services to people with

disabilities;

(ii) no more than five members who are employed by or

associated with an organization that provides services to

people with disabilities or represents such providers;

(iii) no more than five individuals who are

associated with an organization that advocates for people

with disabilities; and

(iv) other individuals selected by the secretary who

may include academic and other professionals with

expertise relating to disabilities or caregivers for

people with disabilities.

(3)  Eleven (5)  Nineteen members of the council shall

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constitute a quorum.

(4) (6)  Absence of a member at three consecutive

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meetings shall result in the member forfeiting the seat,

unless the member requests in writing and receives approval

from the chairman for an absence necessitated by illness of

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the member or the death of a loved one appropriate cochair

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for the absence.

(b)  Nomination and terms.--The members of the council shall

be nominated by the Governor, including those individuals

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selected by the secretary, subject to the consent of a majority

of the members elected to the Senate, and shall represent, as

far as possible, different geographical sections the

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geographical and cultural diversity of this Commonwealth. The

members shall serve staggered three-year terms and shall serve

until their successors are appointed and qualified. Members

shall be eligible for reappointment, except no member shall

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serve more than two full consecutive terms.

(c)  Organization.--The council shall provide for its

organization and procedure including the selection of a chairman 

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the cochairs and other officers as deemed necessary.

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(d)  Compensation.--The members of the council shall receive

no compensation for their services on the council but shall be

reimbursed by the department, in accordance with regulations,

for any ordinary and necessary expenses incurred in the

performance of their duties.

(e)  Meetings.--The council shall meet at least six four 

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times per year to review and comment upon all reports of the

department to the Governor and the General Assembly and conduct

other council business. The cochairs may schedule meetings of

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the subcouncils in addition to or in conjunction with the

council meetings. Meetings shall be advertised and conducted

pursuant to 65 Pa.C.S. Ch. 7 (relating to open meetings).

(f)  Powers and duties.--The council shall have the following

powers and duties:

(1)  To review and comment on rules and regulations

promulgated by the department.

(2)  To prepare and submit to the Governor, the General

Assembly and the secretary, public reports evaluating the

level and quality of services and programs provided to people

with disabilities and older adults by Commonwealth agencies

together with recommendations for improved, expanded or

additional programs and services for people with disabilities

and older adults, including recommendations for community

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integration and improving cultural sensitivity within these

programs and services.

(3)  To carry out public hearings on matters affecting

the rights and interests of people with disabilities and

older adults, including matters involving cases of neglect,

abuse and age discrimination against people with disabilities

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and older adults in the administration of the laws of the

Commonwealth and its political subdivisions.

(4)  To carry out studies about major issues affecting

people with disabilities and older adults and to report to

the Governor, the General Assembly, the secretary and the

public its findings and recommendations in regard to

appropriate action and a long-term strategy for addressing

these issues.

(5)  To assist the department in the preparation of the

State plan on aging.

(6)  To consult with the secretary regarding the

operations of the department.

(7)  To establish no more than five regional councils on

aging and long-term living consisting of 15 citizen members,

with the composition, members' terms of offices, organization

and duties and responsibilities determined by the council. 

The council shall ensure that the regional councils are

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representative of the constituencies cited in subsection (a)

(3) and (4).

(8)  To employ, with funds as are annually appropriated

by the General Assembly, sufficient staff and services to

carry out these duties and powers as well as the duties and

powers of the regional councils.

Section 6.  Area agencies.

(a)  Planning and service area.--Planning and service areas

in existence on the effective date of this section may only be

changed by order of the secretary under provisions set forth by

the department for combining or dividing geographical areas to

bring about more effective and efficient planning and service

delivery.

(b)  Designated area agencies.--

(1)  For each planning and service area there shall be an

area agency designated by the department in accordance with

the Older Americans Act of 1965, to serve as a focal point in

the community for the coordination of services for older

adults and for the issues and concerns of aging.

(2)  An area agency designated under paragraph (1) shall

be one of the following:

(i)  An established office of aging.

(ii)  An office or agency of the unit of general

purpose local government which is designated for the

purpose under paragraph (1) by the chief elected

officials of the unit of general purpose local

government.

(iii)  An office or agency designated by the chief

elected officials of a combination of units of general

purpose local government to act on behalf of that

combination for the purpose under paragraph (1).

(iv)  A public or nonprofit private agency in a

planning and service area which is under the supervision

or direction, for the purpose under paragraph (1), of the

designated State agency and which can engage in the

planning or provision of a broad range of social services

within the planning and service area and must provide

assurance, found adequate by the department, that it will

have the ability to develop and administer an area plan.

(3)  The secretary may redesignate or designate new area

agencies based on established regulations. The regulations

shall include criteria of efficiencies, appropriateness and

equity and shall provide for public hearings on redesignation

conducted in the affected planning and service areas. Any

determinations of redesignation shall be executed not less

than 100 days prior to the beginning of the fiscal year of

the local authority. A designation or redesignation may

occur:

(i)  if changes are made in established planning and

service area boundaries;

(ii)  if a currently designated area agency is unable

or unwilling to continue as the area agency;

(iii)  if removal of an area agency designation is

requested by the local authority with cause shown; or

(iv)  if the department determines that a currently

designated area agency is incapable of carrying out its

approved area plan.

(4)  The removal of an area agency designation and the

designation of a new area agency shall be carried out under

regulations promulgated by the department and consistent with

the Older Americans Act of 1965.

(5)  For the purpose of this subsection, the term "local

authority" shall mean county commissioners or county council.

(c)  Powers and duties.--

(1)  The area agency shall have the authority to act as

an advocate at all levels of government and within the

community at large for the interests of older adults within

the planning and service area. It shall develop a

comprehensive area plan to coordinate services for older

adults within its planning and service area. The area plan

shall make provision for all of the following:

(i)  Information about and referral to, advocacy

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programs.

(ii)  Case management Service coordination or case

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management of services, including protective services and

long-term living services.

(iii)  Transportation services.

(iv)  Legal counseling and representation.

(v)  In-home services that recognize consumer choice,

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including personal assistance and supportive services,

which shall include consumer-directed services.

(vi)  Assistance to secure adequate housing and

health services.

(vii)  Other services required by Federal law and

services and activities designated by the department or

identified as critical needs by the area agency and the

area agency advisory board. The State plan on aging and

grants and contracts provided by the department shall

reasonably accommodate locally designated priorities and

critical needs.

(viii)  The establishment of an affiliated network of 

community senior community centers.

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(ix)  Congregate and home-delivered meals.

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(x)  Information and programs about wellness and

prevention, including management of chronic disease.

(2)  The area agency shall be responsible for working

toward the development, in cooperation with State and local

organizations and agencies, of a continuum of community-based

service and housing options for older adults designed to

maintain them in the community and avoid or delay

institutional care when clinically appropriate. The area

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agency shall ensure that consumers are made aware of the

availability of nursing facility services and other

residential settings when identified as a clinically

appropriate option. System development activities shall

include coordinating area plans for the provision, expansion

and effective administration of:

(i)  In-home services that recognize consumer choice,

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including personal assistance and supportive services,

which shall include consumer-directed services.

(ii)  Housing options such as service-enriched

housing, personal care homes and assisted living

residences and nursing facility services, when clinically

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appropriate.

(iii)  Special supports to caregivers who care for

older adults.

(iv)  Adult daily living services, respite services

and other community-based services to support caregivers.

(v)  The promotion of informal community supports.

(vi)  Assessment Comprehensive and ongoing assessment 

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programs.

(vii)  Counseling programs to assist individuals in

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determining appropriate long-term living services.

(vii) (viii)  Special services to protect the health,

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safety and welfare of older adults who lack the capacity

to protect themselves.

(ix)  Special advocacy efforts to promote greater

awareness of Alzheimer’s disease and other related brain

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disorders dementia. To the extent that the needs of other

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adults affected by Alzheimer's disease and other related

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dementia involve and overlap the needs of older adults

addressed under this subparagraph, the area agency shall

serve as an advocate for affected adults of any age.

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(3)  The area agency shall give priority of services to

older adults with the greatest social need and greatest

economic need, with particular attention to low-income

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minority individuals and older adults residing in rural

areas.

(4)  In filling employment vacancies, the area agency

shall assure that preference is given to older adults.

(5)  Consistent with the Older Americans Act of 1965 and

provisions set forth by the department, the area agency may

grant to or contract with any public or private agency for

the provision of social services. The area agency is

authorized to use, with their consent, the services,

equipment, personnel and facilities of Federal and State

agencies, with or without reimbursement and on a similar

basis, to cooperate with other public and private agencies,

and instrumentalities in the use of services, equipment and

facilities.

(d)  Advisory councils.--In each planning and service area,

an advisory council of at least 15 members shall be appointed to

advise the area agency with regard to the needs of older adults

residing in the planning and service area and the area agency’s

responses to those needs. The composition and responsibility of

the area agency advisory council shall be consistent with the

provisions of the Older Americans Act of 1965 and the

regulations of the department. The regulations shall require

that each advisory council be composed of a majority of older

adults. Advisory councils shall be given the maximum possible

opportunity to influence local programs and policies and

advocacy roles within area agency programs and local

communities. Area agencies shall provide advisory councils with

the funds necessary to carry out their functions.

(e)  Reports and plans.--

(1)  Under provisions set forth by the department, the

area agency shall submit to the department a comprehensive

area plan which clearly explains the area agency’s objectives

for providing services to the older adults of the planning

and service area. The plan may be submitted as part of a

coordinated county human service plan if the format is

approved by the department.

(2)  Area plans shall be subject to approval by the

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department based on the area agency's demonstration of

compliance with the Older Americans Act of 1965 and other

applicable law, provision of services in a manner that

advances the goal of consistency among the planning and

service areas of the Commonwealth and other relevant factors

to be determined by the secretary.

(3)  Each area agency, under provisions set forth by the

department, shall submit an annual report which describes and

evaluates its programs and services after the close of each

year of funding by the department.

(f)  Allocation of resources.--

(1)  The area agency shall receive a basic allocation of

resources, consisting of Federal and State funds weighted by

the proportion of poor older adults who reside in the

planning and service area in relation to the total number of

poor older adults who reside in this Commonwealth utilizing

poverty threshold income standards as determined by the

United States Office of Management and Budget, except that

each area agency shall be held harmless to the amount of

State funds received in the preceding program year.

(2)  The department may allocate additional resources to

area agencies based upon the total number of older adults who

reside within the planning and service area, the availability

of transportation services, the rural-urban distribution of

older adults, rural program cost differentials, the need for

social and medical services, the amount of funds devoted by

county commissioners for older adults and other special

circumstances as determined by the secretary.

(3)  Funds appropriated to carry out the purposes of this

act shall be distributed to the area agencies as grants or

cost reimbursement for services to older adults, if there is

an acceptable plan in accordance with subsection (e).

(g)  Evaluation.--The department shall continually review and

evaluate the activities of area agencies and the impact and

effectiveness of all programs under this act, which may include

an onsite evaluation. A written report of the findings of the

evaluation shall be submitted to the area agency subject to the

evaluation and within 30 days shall be available to the public.

In all evaluations, the department shall obtain the views of

program beneficiaries concerning strengths and weaknesses of the

program. Other departments and agencies of the Commonwealth

shall make available to the department information necessary for

the evaluations. The department shall annually submit to the

Governor and the General Assembly a report on its activities

including statistical data reflecting services and activities

provided to older adults during the preceding fiscal year.

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Section 7.  Demonstration programs.

In recognition of the need for expanded knowledge and

experience concerning the status of people with disabilities and

older adults in this Commonwealth, the secretary may provide for

research and demonstration programs for the following purposes:

(1)  Studying current living conditions and needs with

special emphasis on persons with low income, medical and

functional disabilities, advanced age and isolated living

situations.

(2)  Studying existing methods and alternatives for

providing services, programs and opportunities.

(3)  Identifying those factors of particular detriment or

benefit to the welfare of people with disabilities and older

adults.

(4)  Developing new approaches and alternatives for

living arrangements, social services, institutional care,

health services, legal representation and the coordination of

community services.

(5)  Studying intergenerational mentoring programs that

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exemplify the value and benefits of the knowledge and

experience of older adults.

Section 8.  Reorganization.

(a)  Employees.--All Department of Public Welfare personnel

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(a)  Employees.--

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(1)  All Department of Public Welfare personnel employed

by the Office of Long-Term Living and the allocations,

appropriations, equipment, files, records, contracts,

agreements, obligations and other materials which are used or

expended by the Department of Public Welfare exclusively in

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connection with the powers, duties or functions exercised by

the Office of Long-Term Living are transferred to the

department with the same force and effect as if the

appropriations had been made to and the items had been the

property of the Department of Aging and Long-Term Living and

as if the contracts, agreements and obligations had been

incurred or entered into by the department.

(2)  All Department of Public Welfare personnel involved

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with the licensure and regulation of personal care homes and

the allocations, appropriations, equipment, files, records,

contracts, agreements, obligations and other materials which

are used or expended by the Department of Public Welfare

exclusively in connection with the licensure and regulation

of personal care homes are transferred to the department upon

the effective date of this subsection, pursuant to subsection

20(a).

(b)  Contracts, etc and obligations.--The reorganization of

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the Department of Aging as the department shall not affect the

status of any contract, agreement or obligation entered into by

the Department of Aging.

(c)  Civil service.--All positions in the department shall be

deemed to be included in the list of positions under section

3(d) of the act of August 5, 1941 (P.L.752, No.286), known as

the Civil Service Act, and the provisions and benefits of the

act shall be applicable to the employees of and positions in the

department.

(d)  Personnel.--All personnel transferred to the department

from the Department of Public Welfare under this act shall

retain any civil service or other employment status assigned to

the personnel in those departments and agencies prior to the

effective date of this section.

(e)  Personal care homes and assisted living residences.--

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Nothing in this act shall affect the licensing and regulation of

personal care homes and assisted living residences by the

Department of Public Welfare pursuant to Article X of the act of

June 13, 1967 (P.L.31, No.21), known as the Public Welfare Code.

(f) (e)  References.--A reference in a statute or regulation

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to the Department of Aging shall mean a reference to the

department. A reference in a statute or regulation to the

Secretary of Aging shall mean a reference to the secretary.

(g) (f)  Secretary of Aging.--The Secretary of Aging shall

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become the secretary on the effective date of this section.

Programs and activities authorized under this act shall not

commence before that date, except that the secretary and

adequate staff, to be supported from the affected

authorizations, shall immediately commence transitional and

budgetary activities.

Section 9.  Lottery fund.

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The department shall not expend moneys available through the

State Lottery Fund for the administration and provision of

programs being transferred by this act from the Department of

Public Welfare to provide services for people with disabilities

who are under 60 years of age.

Section 19.  Repeals.

Repeals are as follows:

(1)  The General Assembly declares that the repeals under

paragraphs (2) and (3) are necessary to effectuate the

purposes of this act.

(2)  The provisions of the act of June 13, 1967 (P.L.31, 

No.21), known as the Public Welfare Code, are repealed to the

extent that they are inconsistent with this act.

(3)  Article XXII-A of the act of April 9, 1929 (P.L.177,

No.175), known as The Administrative Code of 1929, is

repealed.

(4)  All other acts and parts of acts are repealed

insofar as they are inconsistent with this act.

Section 20.  Effective date.

This act shall take effect as follows:

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(1)  Sections 4(b)(9.1) and 8(a)(2) shall take effect

when final regulations regarding assisted living residences

pursuant to the act of July 25, 2007 (P.L.402, No.56),

entitled "'an act to consolidate, editorially revise, and

codify the public welfare laws of the Commonwealth,' further

providing for State plan for regulating and licensing

personal care homes, for Intra-Governmental Council on Long-

Term Care and for rules and regulations for personal care

homes and assisted living residences," are published by the

Department of Public Welfare in the Pennsylvania Bulletin.

(2)  The remainder of this act shall take effect July 1,

2009, or immediately, whichever is later.