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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY WARD, WASHINGTON, BAKER, VANCE, EARLL, BROWNE, MENSCH, SOLOBAY, FONTANA, RAFFERTY, YUDICHAK, BREWSTER, ALLOWAY, GREENLEAF, WAUGH, EICHELBERGER, COSTA AND FARNESE, FEBRUARY 25, 2011 |
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| REFERRED TO AGING AND YOUTH, FEBRUARY 25, 2011 |
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| AN ACT |
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1 | Amending the act of December 19, 1990 (P.L.1234, No.204), |
2 | entitled "An act establishing a program to assist persons who |
3 | bear primary responsibility for the at-home care of |
4 | functionally dependent older adults and victims of chronic |
5 | dementia," further providing for intent, for definitions, for |
6 | caregiver support program, for reimbursements and for |
7 | entitlement not created. |
8 | The General Assembly of the Commonwealth of Pennsylvania |
9 | hereby enacts as follows: |
10 | Section 1. Sections 1, 2, 3, 4, 5 and 6 of the act of |
11 | December 19, 1990 (P.L.1234, No.204), known as the Family |
12 | Caregiver Support Act, are amended to read: |
13 | Section 1. Short title. |
14 | This act shall be known and may be cited as the [Family] |
15 | Pennsylvania Caregiver Support Act. |
16 | Section 2. Intent. |
17 | It is the intent of this act to ease the strain of caregiving |
18 | and to assist [relatives] adult family members and other |
19 | individuals who bear primary responsibility for the at-home care |
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1 | of functionally dependent older adults and other adults who are |
2 | victims of chronic dementia by providing resources for services |
3 | such as the following: |
4 | (1) Assistance to the primary caregiver to assure that |
5 | supports to the [functionally dependent older adult or adult |
6 | suffering from a chronic dementia] care receiver are adequate |
7 | and appropriate to maintain these individuals in the home. |
8 | (2) Intermittent, planned or emergency relief to the |
9 | primary caregiver. |
10 | (3) Restoration or maintenance of the primary |
11 | caregiver's well-being. |
12 | (4) Preservation of the primary caregiver's informal |
13 | supports such as family and friends. |
14 | (5) Supportive social services to the primary caregiver. |
15 | (6) Affordable services through a cost-sharing mechanism |
16 | developed by the department for those families whose |
17 | household incomes do not exceed 380% of the [poverty level] |
18 | Federal poverty guidelines. |
19 | Section 3. Definitions. |
20 | The following words and phrases when used in this act shall |
21 | have the meanings given to them in this section unless the |
22 | context clearly indicates otherwise: |
23 | ["Adult." A person 18 years of age or older residing within |
24 | this Commonwealth who is suffering from a chronic dementia such |
25 | as Alzheimer's disease.] |
26 | "Adult with chronic dementia." A person 18 years of age or |
27 | older residing within this Commonwealth who has an irreversible |
28 | global loss of cognitive function causing evident intellectual |
29 | impairment which always includes memory loss, without alteration |
30 | of state of consciousness as diagnosed by a physician and is |
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1 | severe enough to interfere with work or social activities, or |
2 | both, and to require continuous care or supervision. |
3 | "Area agency on aging." The single local agency designated |
4 | by the department within each planning and service area to |
5 | administer the delivery of a comprehensive and coordinated plan |
6 | of social and other services and activities in the planning and |
7 | service area. |
8 | "Care receiver." A functionally dependent older adult or |
9 | other adult with chronic dementia who is being cared for by a |
10 | primary caregiver. |
11 | ["Chronic dementia." An irreversible global loss of |
12 | cognitive function causing evident intellectual impairment which |
13 | always includes memory loss, without alteration of state of |
14 | consciousness as diagnosed by a physician and is severe enough |
15 | to interfere with work or social activities, or both and to |
16 | require continuous care or supervision.] |
17 | "Department." The Department of Aging of the Commonwealth. |
18 | "Federal poverty guidelines." The poverty guidelines updated |
19 | periodically in the Federal Register by the Department of Health |
20 | and Human Services under the authority of section 673(2) of the |
21 | Omnibus Budget Reconciliation Act of 1981 (Public Law 97-35, 42 |
22 | U.S.C. § 9902(2)). |
23 | "Functionally dependent older adult." A person 60 years of |
24 | age or older residing within this Commonwealth who, because of |
25 | his or her inability to perform tasks required for daily living |
26 | as defined through regulation and as assessed by the area agency |
27 | on aging, needs continuous care or supervision. |
28 | "Home modification." Reasonable modifications to the |
29 | structure of a home for the purpose of reducing the caregiving |
30 | burden of the primary caregiver, as approved by the department. |
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1 | Modifications do not include repairs, and payment for such |
2 | repairs is prohibited. |
3 | "Household income." The income of all members of the |
4 | household with the exception of a minor or dependent student. |
5 | "Income." All income, from whatever source derived, |
6 | including, but not limited to, wages, salaries, Social Security |
7 | or railroad retirement income, public assistance income, |
8 | realized capital gains and workmen's compensation. The |
9 | department shall determine income amounts and inclusions for |
10 | purposes of this act through regulation. |
11 | "Primary caregiver." The one identified [relative] adult |
12 | family member or other individual who has assumed the primary |
13 | responsibility for the provision of care needed to maintain the |
14 | physical or mental health of a [functionally dependent older |
15 | adult or other adult suffering from chronic dementia, who lives |
16 | in the same residence with such individual on a continuous basis |
17 | and] care receiver and who does not receive financial |
18 | compensation for the care provided. A substantiated case of |
19 | abuse, neglect, exploitation, abandonment as defined in the act |
20 | of November 6, 1987 (P.L.381, No.79), known as the Older Adults |
21 | Protective Services Act, or pursuant to any other civil or |
22 | criminal statute regarding an older adult, shall prohibit a |
23 | primary caregiver from receiving benefits under this act unless |
24 | authorized by the department to prevent further abuse. |
25 | ["Relative." A spouse or parent, child, stepparent, |
26 | stepchild, grandparent, grandchild, brother, sister, half- |
27 | brother, half-sister, aunt, great aunt, uncle, great uncle, |
28 | niece, nephew, by blood, marriage or adoption.] |
29 | "Respite care service." A regular, intermittent or emergency |
30 | service which provides the primary caregiver of a [functionally |
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1 | dependent older adult or other adult suffering from a chronic |
2 | dementia] care receiver with relief from normal caregiving |
3 | duties and responsibilities. |
4 | Section 4. [Caregiver] Primary caregiver support program. |
5 | (a) Description.--The persons to be served under this act |
6 | are unpaid, primary[, unpaid] caregivers who [live with and] |
7 | provide continuous care to a [functionally dependent older adult |
8 | or other adult suffering from a chronic dementia such as |
9 | Alzheimer's disease] care receiver. |
10 | (b) Authority.-- |
11 | (1) The department shall develop operating procedures |
12 | and guidelines and shall contract with area agencies on aging |
13 | to provide the benefits set forth in this act. |
14 | (2) The department shall have the authority to develop |
15 | criteria through regulation relating to eligibility for |
16 | primary caregivers to receive assistance pursuant to this |
17 | act. |
18 | (3) After all eligibility criteria have been met, the |
19 | department shall give priority in awarding assistance paid |
20 | for by the State Lottery Fund to primary caregivers who |
21 | provide care for a functionally dependent older adult and an |
22 | adult 60 years of age or older with chronic dementia, such as |
23 | Alzheimer's disease. |
24 | (c) Supportive services.--The department shall identify by |
25 | regulation supportive services which are directly related to the |
26 | provision of care to the [functionally dependent older adult or |
27 | other adult suffering from chronic dementia] care receiver. |
28 | Supportive services include, but are not limited to: |
29 | (1) Benefits counseling and primary caregiver |
30 | counseling, education and training. |
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1 | (2) Reimbursement to primary caregivers whose care |
2 | receivers' households financially qualify for assistance |
3 | [pursuant to] under section 5 and as set forth through |
4 | regulation for expenses incurred in obtaining day or night |
5 | respite care services, transportation to respite care service |
6 | locations or other supportive services defined by regulation, |
7 | and consumable supplies such as incontinence pads. |
8 | (3) Reimbursement to primary caregivers whose care |
9 | receivers' households financially qualify for assistance |
10 | [pursuant to] under section 5 and as developed through |
11 | regulation for expenses incurred in obtaining home |
12 | modifications or assistive devices as approved by the |
13 | department which help the [functionally dependent older adult |
14 | or adult suffering from chronic dementia] care receiver to |
15 | carry out tasks required for daily living such as grab bars, |
16 | safety devices and wheelchair ramps. |
17 | Section 5. Reimbursements. |
18 | (a) General rule.--The department through contracts with |
19 | area agencies on aging shall provide the services described [in] |
20 | under section 4(c)(1) and shall reimburse qualified primary |
21 | caregivers for purchase of approved services described [in] |
22 | under section 4(c)(2) and (3). |
23 | (b) Maximum amounts.-- |
24 | (1) The maximum amount available to a qualified primary |
25 | caregiver whose care receivers' household income is under |
26 | 200% of [poverty level] the Federal poverty guidelines shall |
27 | be established by regulation, but shall not exceed [$200] |
28 | $600 per month, for out-of-pocket expenses incurred for |
29 | services described [in] under section 4(c)(2). |
30 | (2) The maximum amount available to a qualified primary |
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1 | caregiver whose care receivers' household income is under |
2 | 200% of [poverty level] the Federal poverty guidelines shall |
3 | be established by regulation, but shall not exceed [$2,000] |
4 | $6,000 for the entire duration of the case, for expenses |
5 | incurred for home modifications or assistive devices as |
6 | described [in] under section 4(c)(3). |
7 | (c) Scale of benefits.--A sliding benefits scale shall be |
8 | established by the department by regulation to ensure that |
9 | primary caregivers [who] whose care receivers qualify under this |
10 | act and whose household [income exceeds 200% of poverty level] |
11 | incomes exceed 200% of the Federal poverty guidelines shall pay |
12 | some portion of the out-of-pocket expenses for services |
13 | described [in] under section 4(c). In no event will primary |
14 | caregivers whose care receivers' household [incomes exceeds 380% |
15 | of the poverty level] incomes exceed 380% of the Federal poverty |
16 | guidelines be considered eligible for benefits under this act. |
17 | Section 6. Entitlement not created. |
18 | Nothing in this act creates or provides any individual with |
19 | an entitlement to services or benefits. [It is the intent of the |
20 | General Assembly that services] Services under this act shall be |
21 | made available only to the extent of the availability and level |
22 | of appropriations made by the General Assembly. |
23 | Section 2. This act shall take effect in 60 days. |
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