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| PRIOR PRINTER'S NOS. 495, 3669 | PRINTER'S NO. 3725 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY BOBACK, CALTAGIRONE, CARROLL, CAUSER, COHEN, CONKLIN, DAVIS, FABRIZIO, FLECK, FREEMAN, GILLESPIE, GINGRICH, GOODMAN, GRELL, GROVE, HALUSKA, HELM, KAUFFMAN, KAVULICH, W. KELLER, KILLION, KORTZ, KULA, MAJOR, MANN, MARSHALL, MILLARD, MILLER, MURT, MUSTIO, MYERS, PASHINSKI, PEIFER, PICKETT, QUINN, RAPP, ROCK, SCAVELLO, K. SMITH, STERN, SWANGER, VULAKOVICH, WATSON, YOUNGBLOOD, GILLEN, D. COSTA, PETRI, BEAR AND THOMAS, FEBRUARY 8, 2011 |
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| AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, JUNE 12, 2012 |
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| AN ACT |
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1 | Requiring certain long-term care facilities to coordinate with |
2 | licensing agencies and local area agencies on aging to |
3 | provide assistance to consumers in circumstances involving |
4 | relocation of consumers; and providing for powers and duties |
5 | of the Department of Aging. |
6 | The General Assembly of the Commonwealth of Pennsylvania |
7 | hereby enacts as follows: |
8 | Section 1. Short title. |
9 | This act shall be known and may be cited as the Long-Term |
10 | Care Consumer Relocation Coordination Act. |
11 | Section 2. Definitions. |
12 | The following words and phrases when used in this act shall |
13 | have the meanings given to them in this section unless the |
14 | context clearly indicates otherwise: |
15 | "Another setting." A location, other than a facility, where |
16 | services or supports may be provided. |
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1 | "Area agency on aging" or "AAA." The single local agency |
2 | designated by the department within each planning and service |
3 | area to administer the delivery of a comprehensive and |
4 | coordinated plan of social and other services and activities in |
5 | the planning and service area. |
6 | "Consumer." A person who resides in a facility. |
7 | "Department." The Department of Aging of the Commonwealth. |
8 | "Designated person." An individual who may be chosen by a |
9 | consumer and whose selection is documented in the consumer's |
10 | record to be notified in case of emergency, termination of |
11 | service, facility closure or for reasons requested by the |
12 | consumer or as required under this act. |
13 | "Facility." Any of the following: |
14 | (1) A home that provides domiciliary care as defined in |
15 | section 2202-A of the act of April 9, 1929 (P.L.177, No.175), |
16 | known as The Administrative Code of 1929. |
17 | (2) A personal care home or an assisted living residence |
18 | as defined in section 1001 of the act of June 13, 1967 |
19 | (P.L.31, No.21), known as the Public Welfare Code. |
20 | (3) A long-term care nursing facility as defined in |
21 | section 802.1 of the act of July 19, 1979 (P.L.130, No.48), |
22 | known as the Health Care Facilities Act. |
23 | "Licensing agency." In the case of: |
24 | (1) A domiciliary care home, the Department of Aging. |
25 | (2) A long-term care nursing facility, the Department of |
26 | Health. |
27 | (3) A personal care home or an assisted living |
28 | residence, the Department of Public Welfare. |
29 | "Long-term care ombudsman" or "ombudsman." An agent of the |
30 | Department of Aging, who, under section 2203-A of the act of |
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1 | April 9, 1929 (P.L.177, No.175), known as The Administrative |
2 | Code of 1929, investigates and seeks to resolve complaints made |
3 | by or on behalf of older individuals who are consumers of |
4 | facilities, which complaints may relate to action, inaction or |
5 | decisions of facilities, public agencies or of social agencies |
6 | or their representatives, and which may adversely affect the |
7 | health, safety, welfare, interests, preferences or rights of |
8 | consumers. |
9 | "Relocation." The involuntary transfer of a consumer from |
10 | one facility to another or involuntary discharge of a consumer |
11 | from a facility to another setting due to facility closure. |
12 | Section 3. Coordination efforts in relocation situations. |
13 | (a) General rule.--Other than as specified in subsection |
14 | (b), at least 30 days prior to relocation of a consumer, a |
15 | facility shall provide a written notice to the consumer and the |
16 | consumer's designated person and shall notify its licensing |
17 | agency, the area agency on aging within its geographic region |
18 | and the area agency on aging within the geographic region of the |
19 | facility to which the consumer is being relocated. Facilities |
20 | shall retain full responsibility for discharge planning for all |
21 | relocations. |
22 | (b) Exceptions.--Emergency relocations shall be excluded |
23 | from the requirements of subsection (a) under the following |
24 | circumstances: |
25 | (1) Immediate health or safety risk to the consumer as |
26 | determined by the licensing agency or facility in conjunction |
27 | with the ombudsman. |
28 | (2) Licensing action taken requiring closure of the |
29 | facility with less than 30 days' notice to the facility. |
30 | (c) Administrative cooperation.--When a relocation occurs, |
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1 | the affected facilities, licensing agencies and local area |
2 | agencies on aging shall: |
3 | (1) Coordinate efforts to ensure the protection of the |
4 | health and safety of the consumer and ensure smooth |
5 | relocation for each consumer at the facility. |
6 | (2) Share relevant information concerning the consumer |
7 | and the relocation plans and process, including, but not |
8 | limited to, conducting site visits for alternative placement. |
9 | (3) Cooperate in order to ensure that any other agencies |
10 | that may serve certain specific populations, including, but |
11 | not limited to, mental health, mental retardation | <-- |
12 | intellectually disabled and veterans' affairs, shall be | <-- |
13 | included in the relocation process, as appropriate. |
14 | (4) (i) Coordinate the relocation process so that |
15 | consumer relocation occurs only between the hours of |
16 | 7 a.m. and 7 p.m. |
17 | (ii) Subparagraph (i) shall not apply in emergencies |
18 | where consumers must be relocated in order to ensure |
19 | their health and safety. |
20 | (d) Long-term care ombudsman duties.-- |
21 | (1) The local ombudsman shall ensure that a consumer, |
22 | and if appropriate, the consumer's designated person, acting |
23 | within the scope of that person's authority, is involved in |
24 | planning such transfers and is afforded the right to choose |
25 | among the available alternative placements. |
26 | (2) The ombudsman shall also assist consumers who are 60 |
27 | years of age and older and shall refer consumers, regardless |
28 | of age, to appropriate social service agencies. |
29 | (3) Nothing in this act shall be construed to: |
30 | (i) Preclude the right of a licensing agency to make |
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1 | temporary placement until final placement can be |
2 | arranged. |
3 | (ii) Supplant existing requirements for contacting |
4 | the ombudsman. |
5 | (iii) Supplant existing requirements applicable to |
6 | transfers of nursing facility residents. |
7 | (e) Record of relocation incident.-- |
8 | (1) An AAA shall maintain a record of each relocation |
9 | incident in which the local ombudsman is involved and shall |
10 | upon request share that information with the licensing |
11 | agency, the department and, to the extent that release of |
12 | that information is relevant to an investigation of criminal |
13 | activity, law enforcement officials. The information shall be |
14 | stored electronically by an AAA that may, at its discretion, |
15 | destroy hard copies of the information. |
16 | (2) The department shall provide technical assistance |
17 | and guidance to the local ombudsman to ensure that laws and |
18 | regulations regarding confidentiality of information are |
19 | strictly adhered to. |
20 | (3) The department shall monitor and track relocation |
21 | records to identify trends and issues that may need to be |
22 | addressed. |
23 | Section 4. Enforcement. |
24 | (a) Appropriate licensing agencies.--The licensing agency |
25 | shall ensure that a facility is in compliance with the |
26 | provisions of this act and may cite a facility for noncompliance |
27 | identified during a routine or complaint investigation. |
28 | (b) Department.--The department shall ensure that the local |
29 | ombudsman and each area agency on aging comply with the |
30 | provisions of this act. |
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1 | (c) Promulgation of regulations.--The department may, in |
2 | consultation with the Department of Health and the Department of |
3 | Public Welfare, develop rules and regulations as deemed |
4 | necessary at the discretion of the department to implement this |
5 | act, including sanctions to be imposed for noncompliance. |
6 | Section 5. Effective date. |
7 | This act shall take effect in 180 days. |
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